State and Local Government Law Commons^™

Misappropriation Of Trade Secrets, Leonard M. Niehoff

Book Chapters

This is an action for injunctive and monetary relief brought by Plaintiff pursuant to the Michigan Uniform Trade Secrets Act of 1998, MCL 445 .1901 et seq. Specifically, Plaintiff alleges that Defendant {corporation I individual}, in violation of state law, has {acquired Plaintiff's trade secrets knowing, or having reason to know, that the trade secrets were acquired by improper means I disclosed or used Plaintiff's trade secrets without Plaintiff's consent}.

The Equivalence Of Religion And Conscience, Lucien J. Dhooge

Notre Dame Journal of Law, Ethics & Public Policy

This Article examines issues posed by the equation of religious liberty with secular conscience, utilizing federal law and the law in those states which have adopted religious freedom restoration acts (RFRAs). The Article initially addresses the definition of religion through an examination of applicable literature and federal and state case law. The same approach is utilized to define conscience. The Article then examines similarities between the two concepts and the implications of their equivalence. The Article concludes that religion and conscience are moral equivalents that require equal legal treatment. However, equal treatment should proceed with caution in order to address …

Article Xiv, Section 3 Of The Illinois Constitution: A Limited Initiative To Amend The Article On The Legislature, 48 Loy. U. Chi. L.J. 899 (2017), Ann Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Tennessee V. Fcc And The Clear Statement Rule, Lee D. Whatling

Georgia Law Review

In 2016, the Sixth Circuit in Tennessee v. FCC
overturned an FCC preemption order striking down state
laws that restricted municipal broadband providers from
servicing communities outside of their respective
municipal borders. The court held Congress had not
provided a clear statement in § 706 of the
Telecommunications Act of 1996 that it intended to grant
the FCC preemption power under these circumstances.
The immediate practical consequences of the decision were
that communities previously serviced by municipal
broadband providers, but located outside of municipal
borders, were now at the mercy of state laws that sought to
restrict that service.
This …

Counting Zeros: The Every Student Succeeds Act And The Testing Opt-Out Movement, Paul A. Hoversten

Michigan Law Review Online

The story begins with threatening letters. In October 2014, the U.S. Department of Education reminded Colorado’s chief state school officer that the department “ha[d], in fact, withheld Title I, Part A administrative funds . . . from a number of States for failure to comply with the assessment requirements” under the Elementary and Secondary Education Act. Given the occasion, the department implied, it wouldn’t hesitate to be ruthless.

Colorado could be forgiven for assuming it was authorized to craft its own policies in this arena; according to the Wall Street Journal, the Every Student Succeeds Act (ESSA) represented “the …

Medical Board Of California, Kayla Watson, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

The Perils And Possibilities Of Refugee Federalism, Burch Elias

American University Law Review

No abstract provided.

Commercial Transactions, John Krahmer

SMU Annual Texas Survey

No abstract provided.

Conflict Of Laws, James P. George, Randy D. Gordon

SMU Annual Texas Survey

No abstract provided.

Criminal Procedure: Confessions, Searches, And Seizures, Elena Alicia Esparza, Honorable Michael E. Keasler

SMU Annual Texas Survey

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Annual Texas Survey

No abstract provided.

Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson

Articles

No abstract provided.

Constitutional Challenges And Regulatory Opportunities For State Climate Policy Innovation, Felix Mormann

Articles

This Article explores constitutional limits and regulatory openings for innovative state policies to mitigate climate change by promoting climate-friendly, renewable energy. In the absence of a comprehensive federal policy approach to climate change and clean energy, more and more states are stepping in to fill the policy void. Already, nearly thirty states have adopted renewable portfolio standards that create markets for solar, wind, and other clean electricity. To help populate these markets, a few pioneering states have recently started using feed-in tariffs that offer eligible generators above-market rates for their clean, renewable power.

But renewable portfolio standards, feed-in tariffs, and …

Book Review: Proposals For Creating A Realistic Family Court For The Future, Theresa Furnari, Melissa View

University of Baltimore Law Forum

During one of the snowstorms in the winter of 2016, I sat before the fireplace and read Divorced from Reality: Rethinking Family Dispute Resolution, by Jane C. Murphy and Jana B. Singer. Because I know the authors and their wealth of experience in family law, as well as their sincere interest in improving the effectiveness of the family law court, I was delighted when asked to share my opinion of the book. As a Family Magistrate in a high volume court, it never ceases to amaze me of the variety of issues the court is confronted with on a …

Comment: Maryland State Drone Law Puts Residents At Risk Of Privacy Intrusions From Drone Surveillance By Law Enforcement Agencies, Wayne Hicks

University of Baltimore Law Forum

As technology rapidly advances, society is becoming more efficient and interconnected than ever before. Unmanned Aircraft Systems ("UAS"), more frequently referred to as "drones," have taken on an increasingly involved role in the progression towards a more interconnected society. For example, drones are presently capable of improving our ability to monitor potentially devastating storms, improving wildlife conservation efforts, increasing efficiency in agriculture, transporting goods to underdeveloped countries, and providing several forms of vital assistance to law enforcement.

Although the potential for drones appears promising, the advancements of drone capabilities have been met with increasing concerns regarding the government's ability to …

Recent Development: Mitchell V. Md. Motor Vehicle Admin.: Vanity Licence Plates Constitute Private Speech In A Nonpublic Forum, Which Require Restrictions To Be Reasonable And Viewpoint Neutral, Sarah J. Jentilet

University of Baltimore Law Forum

The Court of Appeals of Maryland held that the Motor Vehicle Administration acted within constitutional boundaries when it recalled a vanity license plate displaying the word "MIERDA." Mitchell v. Md. Motor Vehicle Admin., 450 Md. 282, 288, 148 A.3d 319, 323 (2016). The court found that the message on a vanity plate is considered private speech in a nonpublic forum, and accordingly government speech restrictions must be reasonable and viewpoint neutral. Id.

In 2009, the Motor Vehicle Administration ("MVA") issued vanity plates with the term "MIERDA" to John T. Mitchell ("Mitchell"). Two years later, Mitchell renewed the plates. Thereafter, the …

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

SMU Annual Texas Survey

No abstract provided.

Bankruptcy, Honorable Harlin D. Hale, Amber M. Carson

SMU Annual Texas Survey

No abstract provided.

Franchise Law, Deborah S. Coldwell, Iris Gibson, Jamee Cotton, Lissette Villarruel, Sally Dahlstrom

SMU Annual Texas Survey

No abstract provided.

Survey Of Recent Mandamus Decisions Of The Texas Supreme Court, Honorable Douglas S. Lang, Rachel A. Campbell

SMU Annual Texas Survey

No abstract provided.

Alternative Dispute Resolution, Will Pryor

SMU Annual Texas Survey

No abstract provided.

Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Timothy Daniels, Andrew C. Whitaker, Amber D. Reece

SMU Annual Texas Survey

No abstract provided.

Partnership Law, Jeff Dorrill, Matthew Schindel, Troy Christensen, Alex Ingle, Joshua Lewey

SMU Annual Texas Survey

No abstract provided.

Insurance Law, J. Price Collins, Blake H. Crawford, John C. Scott

SMU Annual Texas Survey

No abstract provided.

Intellectual Property Law, David Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk

SMU Annual Texas Survey

No abstract provided.

Wills & Trusts, Gerry Beyer

SMU Annual Texas Survey

No abstract provided.

Securities Regulation, George L. Flint Jr.

SMU Annual Texas Survey

No abstract provided.

Taxation, Cindy M. Ohlenfrost, Sam Megally, William J. Ledoux

SMU Annual Texas Survey

No abstract provided.

Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner

SMU Annual Texas Survey

No abstract provided.