Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (58)
- Administrative Law (56)
- Natural Resources Law (51)
- Law and Society (48)
- Legal Ethics and Professional Responsibility (47)
-
- Oil, Gas, and Mineral Law (43)
- Health Law and Policy (37)
- Courts (36)
- Jurisprudence (33)
- Law and Politics (32)
- Social and Behavioral Sciences (32)
- Immigration Law (31)
- Water Law (31)
- Environmental Sciences (29)
- Physical Sciences and Mathematics (29)
- Water Resource Management (29)
- Natural Resources Management and Policy (28)
- Natural Resources and Conservation (28)
- Oceanography and Atmospheric Sciences and Meteorology (28)
- Climate (27)
- Energy and Utilities Law (27)
- Land Use Law (27)
- Urban Studies and Planning (27)
- Legislation (26)
- Constitutional Law (24)
- Environmental Health and Protection (24)
- Oil, Gas, and Energy (24)
- Public Affairs, Public Policy and Public Administration (24)
- Institution
-
- University of Richmond (39)
- University of Colorado Law School (37)
- St. Mary's University (22)
- Case Western Reserve University School of Law (20)
- UIC School of Law (19)
-
- University of Michigan Law School (18)
- University of the District of Columbia School of Law (9)
- Brigham Young University Law School (5)
- William & Mary Law School (4)
- Yeshiva University, Cardozo School of Law (4)
- Boston University School of Law (3)
- Maurer School of Law: Indiana University (3)
- University of Denver (3)
- University of Kentucky (3)
- University of Oklahoma College of Law (3)
- American University Washington College of Law (2)
- Cleveland State University (2)
- Duke Law (2)
- Loyola University Chicago, School of Law (2)
- Mercer University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University at Buffalo School of Law (2)
- University of Miami Law School (2)
- Vanderbilt University Law School (2)
- Campbell University School of Law (1)
- Cornell University Law School (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- New York Law School (1)
- Keyword
-
- West (23)
- Western water law (21)
- American West (20)
- Landscapes (20)
- Ohio (20)
-
- Resources (19)
- State law; State administrative decision; (19)
- Water (19)
- Western water policy (19)
- Colorado (14)
- St. Mary’s Law Journal (12)
- St. Mary’s University School of Law (12)
- Climate change (11)
- Water law (10)
- Water resource management (10)
- Water resources management (10)
- California (9)
- Sustainability (9)
- Municipalities (8)
- Water management (8)
- Water quality (8)
- Water rights (8)
- Wyoming (8)
- Arizona (7)
- Federalism (7)
- New Mexico (7)
- Population growth (7)
- Water transfers (7)
- Cities (6)
- Global warming (6)
- Publication
-
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- St. Mary's Law Journal (22)
- Ohio Oil & Gas Commission Decisions (19)
- UIC Law Review (16)
- Richmond Journal of Law and the Public Interest (14)
-
- Richmond Public Interest Law Review (14)
- University of Richmond Law Review (11)
- University of the District of Columbia Law Review (9)
- Articles (8)
- Publications (7)
- Michigan Law Review (6)
- BYU Law Review (5)
- Faculty Publications (5)
- Faculty Scholarship (5)
- Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11) (4)
- Articles by Maurer Faculty (3)
- Human Rights & Human Welfare (3)
- Journal Articles (3)
- Kentucky Law Journal (3)
- Michigan Journal of Race and Law (3)
- UIC Law Open Access Faculty Scholarship (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Mercer Law Review (2)
- Oklahoma Law Review (2)
- Public Interest Law Reporter (2)
- Scholarly Works (2)
- University of Colorado Law Review (2)
- University of Michigan Journal of Law Reform (2)
- William & Mary Environmental Law and Policy Review (2)
- American Indian Law Review (1)
- Publication Type
Articles 151 - 180 of 226
Full-Text Articles in State and Local Government Law
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
Richmond Journal of Law and the Public Interest
This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Unintended Consequences: Why Congress Should Tread Lightly When Entering The Field Of Family Law, Elizabeth G. Patterson
Faculty Publications
No abstract provided.
Interstate Instability: Why Colorado's Alien Smuggling Statute Is Preempted By Federal Immigration Laws, Ben Meade
University of Colorado Law Review
For more than a century, the federal government has outlawed the smuggling of undocumented aliens. Over that federal statute's long legislative evolution, Congress has developed an increasingly comprehensive scheme for punishing alien smugglers in proportion to their crimes. More recently, the federal government has amended and enforced the alien smuggling statute in ways designed to advance the government's war on domestic terrorism. However, despite the existence of this major federal statute, in 2006 Colorado enacted its own independent ban on alien smuggling. This Comment argues that the federal alien smuggling statute preempts the Colorado alien smuggling statute, both because Congress …
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
University of Colorado Law Review
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court has provided more leeway to federal officers in the past few decades by limiting the scope of the exclusionary rule, for example. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether to …
No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau
No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau
Journal Articles
This article explains the history of forced heirship in Louisiana and describes the negative implications of its demise. Section IV outlines how the end of forced heirship reveals the changing values of Louisiana culture and views on the family.
Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv
Assault Upon The Citadel Of Privity: The Coexistence Of Strict, Privity And Belt V. Oppenheimer, Blend, Harrison & (And) Tate, Inc. Comment., C. John Muller Iv
St. Mary's Law Journal
The practicing attorney must have a complete understanding of legal malpractice liability. Managing this risk can be a precarious responsibility when the law is not clearly defined. This is compounded by the steady erosion of attorney-client privity barriers making it easier for third party non-clients to sue lawyers for legal malpractice. This is the current state of matters in Texas since the Texas Supreme Court decided Belt v. Oppenheimer, Blend, Harrison & Tate, Inc. on May 5, 2006. The Belt court determined personal representatives of an estate may bring a malpractice claim against the decedent’s attorneys. The Belt court was …
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
St. Mary's Law Journal
Abstract Forthcoming.
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
St. Mary's Law Journal
Abstract Forthcoming.
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
Henry F. Johnson Professor Of Law (1981-2008), St. Mary's University School Of Law Tribute., Bonita K. Roberts
St. Mary's Law Journal
As a way to deal with his loss, this eulogy honors Henry Johnson (1942-2008) by focusing on ten good things about him. As a former English teacher, he valued clarity and precision, which reflects another good thing about Henry: the importance of strong organization. His zest for travel enabled him to share voluminous details about countless countries around the world, including where the best restaurants and wineries were. No description would be complete without emphasizing his love for golf, but the most important thing about Henry was the way he cared for his family, friends, and animals.
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
American Legal Ethics In An Age Of Anxiety., Michael Ariens
American Legal Ethics In An Age Of Anxiety., Michael Ariens
St. Mary's Law Journal
The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
St. Mary's Law Journal
The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
St. Mary's Law Journal
On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
St. Mary's Law Journal
Abstract Forthcoming.
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
St. Mary's Law Journal
Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
St. Mary's Law Journal
Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Richmond Public Interest Law Review
In creating the test to determine whether government employees in the Commonwealth of Virginia are entitled to the benefit of sovereign tort immunity, the Supreme Court of Virginia stated, "[a] dmittedly, no single all-inclusive rule can be enunciated or applied in determining entitlement to sovereign immunity." The court, however, managed to formulate a four-part test to be consistently applied to each situation requiring a determination of whether sovereign immunity should be granted to a state employee. This article will examine the discretion prong of the four-part test created by the court in James v. Jane and the reasons why the …
Mental Health In Virginia, Phillip Hamilton
Mental Health In Virginia, Phillip Hamilton
Richmond Public Interest Law Review
Since the April 16, 2007 tragedy at Virginia Tech, the public's attention has focused on Virginia's mental health system. Like far too many public policy issues that face the government, it often takes a tragedy to bring an issue to the point where real action is taken. Over the years, one of the major issues facing Virginia has been how to best meet the needs of its citizens requiring mental health services. This is not a new issue. Since 1949 there have been many studies of Virginia's mental health system. These studies have emphasized the same issues over and over …
Promised Reforms Fall Short Of The Mark, Colleen Miller
Promised Reforms Fall Short Of The Mark, Colleen Miller
Richmond Public Interest Law Review
Did the General Assembly pass sweeping mental health law reforms? Do the new laws make it easier to hospitalize individuals against their will, and if so, is that a desirable end? While new legislation rewords our civil commitment statute, do the new words really improve Virginia's mental health care system? In all likelihood, the most significant effect of the new legislation will be making our mental health laws more vulnerable to constitutional challenge, while simultaneously making it more difficult for Virginians to get necessary mental health treatment voluntarily.
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
The Role Of Citizens In Environmental Decision-Making, Nicole M. Rovner
Richmond Public Interest Law Review
This article will describe five versions of the DEQ legislation from the bill's legislative journal: the bill as introduced, the bill that passed the General Assembly in 2007 with a reenactment clause, the bill introduced on behalf of proponents of board restructuring at the beginning of the 2008 session, the bill introduced on behalf of the restructuring bill's opponents, and the legislation that was enacted and will become effective on July 1, 2008. For each version of the bill, this article seeks to identify views regarding the nature of permitting decisions and the role of citizens in making those decisions.
Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo
Richmond Public Interest Law Review
An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration
Bills Passed By The 2008 Session Of The General Assembly
Bills Passed By The 2008 Session Of The General Assembly
Richmond Public Interest Law Review
A legislative summary about the bills that passed in the 2008 Virginia General Assembly
Federal Grants, State Decisions, Brian Galle
Federal Grants, State Decisions, Brian Galle
Georgetown Law Faculty Publications and Other Works
The authority to raise and spend money is one of the most expansive and fundamental of all Congress' enumerated powers, particularly when Congress chooses to impose conditions on those who wish to receive its cash. The consensus modern view of this conditional spending is that its unfettered use threatens the diversity and accountability goals of our federalism. As a result, nearly all commentators support either direct or indirect judge-made limits on conditional spending. These claims, I argue, rest on a set of largely unexamined assumptions about the political motivations, budgetary situation, and incentives of the state officials who must decide …
Opponents Of Private School Voucher Programs Litigate At State Level: Florida Supreme Court Decides Ford V. Browning, Nigel D. Graham
Opponents Of Private School Voucher Programs Litigate At State Level: Florida Supreme Court Decides Ford V. Browning, Nigel D. Graham
Public Interest Law Reporter
No abstract provided.
Texas Defies President Bush, International Law By Executing Mexican National , Clay Rehrig
Texas Defies President Bush, International Law By Executing Mexican National , Clay Rehrig
Public Interest Law Reporter
No abstract provided.
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
Reflections On James N. Castleberry, Jr., Dean (1978-1989), St. Mary's University School Of Law Tribute., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne
St. Mary's Law Journal
Abstract Forthcoming.
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade
St. Mary's Law Journal
Abstract Forthcoming.
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland
St. Mary's Law Journal
In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …