State and Local Government Law Commons^™

Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte

St. Mary's Law Journal

In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …

A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham

St. Mary's Law Journal

The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …

The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman

St. Mary's Law Journal

Abstract Forthcoming.

The 2007 Amendments To The Kentucky Business Entity Statutes, Thomas E. Rutledge

Kentucky Law Journal

No abstract provided.

Friction By Design: The Necessary Contest Of State Judicial Power And Legislative Policymaking, Michael L. Buenger

University of Richmond Law Review

No abstract provided.

From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100

Let's Not Jump To Conclusions: Approaching Felon Disenfranchisement Challenges Under The Voting Rights Act, Thomas G. Varnum

Michigan Journal of Race and Law

Section 2 of the Voting Rights Act of 1965 invalidates voting qualifications that deny the right to vote on account of race or color. This Article confronts a split among the federal appellate courts concerning whether felons may rely on Section 2 when challenging felon disenfranchisement laws. The Ninth Circuit Court of Appeals allows felon disenfranchisement challenges under Section 2; however, the Second and Eleventh Circuits foresee unconstitutional consequences and thus do not. After discussing the background of voting rights jurisprudence, history of felon disenfranchisement laws, and evolution of Section 2, this Article identifies the points of contention among the …

States Take The Wheel—Green Mountain Chrysler Plymntouth Dodge Jeep V. Crombie Gives States A Chance To Choose The Direction Of Their Automobile Emissions Regulation, Sarah E. Leatherwood

Oklahoma Law Review

No abstract provided.

Danforth, Retroactivity, And Federalism, J. Thomas Sullivan

Oklahoma Law Review

No abstract provided.

Developments In Connecticut Criminal Law: 2007, Timothy Everett

Faculty Articles and Papers

No abstract provided.

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.

Ohio's Ban On Municipal Residency Requirements: Can The Employee Welfare Provisions Of The Ohio Constitution Protect The Ban From Home Rule Challenges, Brenda A. Sweet

Cleveland State Law Review

This Note argues that the Ohio Revised Code prohibition of residency requirements does not qualify as legislation for the "comfort, health, safety and welfare of all employees" since the law improperly attempts to control conditions for employment, rather than conditions of employment, and that the Supreme Court of Ohio has previously, improperly interpreted the employee welfare provision and should more narrowly construe, if not reverse, its holding in Rocky River IV. Part II addresses residency requirements in the city of Cleveland and describes the current litigation in which the city is involved. Part III provides a background of the four …

A Choice That Leaves No Choice: Unconstitutional Coercion Under Real Id, Michael J. Allen

Seattle University Law Review

No abstract provided.

Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod

Faculty Publications

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute.

The author gives a brief history of …

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall

Law Faculty Research Publications

Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …

Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers

Richmond Public Interest Law Review

Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …

New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger

Richmond Public Interest Law Review

Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.

Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher

Richmond Public Interest Law Review

Most people probably do not know that as many as 65,000 nonsmokers die from secondhand smoke exposure each year. In fact, secondhand smoke is the third leading cause of preventable death in the United States. During the 2008 session of the Virginia General Assembly, state legislators commendably introduced twelve smoke-free bills -the most in the legislature's history. While many of these efforts to protect the public health succeeded in the Senate, a House of Delegates subcommittee declined to hear many of the bills, effectively removing them from further consideration. Clearly, Virginia has a long way to go, but support for …

Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann

Richmond Public Interest Law Review

If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …

The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt

Richmond Public Interest Law Review

This article examines the national treatment of mental health care professionals' participation in custody determinations and compares these practices with Virginia's ban. Furthermore, this article explores the rationale behind the ban on therapist testimony while weighing the pros and cons of allowing such evidence to be used. It then takes a closer look at the arguments for repealing the ban and the possible benefits which could result from the 2008 repeal.

Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young

Richmond Public Interest Law Review

This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.

Indices

Richmond Public Interest Law Review

Index of bills from the House and Senate of the Virginia General Assembly

Thou Shall Not Hunt: A Historical Introduction To And Discussion Of The Modern Debate Over Sunday Hunting Laws, Mike Balestra

Kentucky Law Journal

No abstract provided.

The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl

Cardozo Law Review

No abstract provided.

For Whom The Tel Tolls: Can State Tax And Expenditure Limits Effectively Reduce Spending?, Thad Kousser, Mathew D. Mccubbins, Ellen Moule

Faculty Scholarship

Can voters stop state governments from spending at high rates through the enactment of tax and expenditure limits (TELs), or do these laws become dead letters? We draw upon the principal-agent literature to theorize that TELs – one of the most frequent uses of the initiative process across the country – may be circumvented by the sorts of elected officials who would inspire their passage.

In order to investigate our claim, we conduct an event study. First, we test for the effectiveness of TELs across states using a differences-in-differences model. Second, we dissect our treatment variable using different legal provisions …

When Voters Make Laws: How Direct Democracy Is Shaping American Cities, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

In The Wake Of Low V. Henry: Is Pre-Suit Discovery Now A Reality In Texas., John G. Lione Jr., Ryan W. Lione

St. Mary's Law Journal

Following the Texas Supreme Court decision in Low v. Henry, the issue of whether an attorney may be liable for filing a “groundless pleading” has come to the forefront of Texas jurisprudence. This recent decision ought to pique Texas attorneys’ attention. In reprimanding egregious attorney conduct, did the Texas Supreme Court’s tightening of the Texas Rules of Civil Procedure increase the duties and responsibilities of all Texas attorneys by establishing what may amount to pre-suit discovery? Yet, courts presume pleadings and motions are filed in good faith, and the party seeking sanctions bears the burden of rebutting this presumption. The …

The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas

UIC Law Review

No abstract provided.

Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer

UIC Law Review

No abstract provided.

The Road Not Considered: Revising New Jersey's Death Penalty Statute, Robert Blecker

Articles & Chapters

No abstract provided.