State and Local Government Law Commons^™

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that …

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …

“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block

Brooklyn Journal of Corporate, Financial & Commercial Law

The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and expired …

Crazy Rich Karachi — Where The Streets Are Paved With Gold, Murtaza Irfan Ali

MSJ Capstone Projects

Karachi happens to be Pakistan’s economic powerhouse but the irony is it never received its fair share of development. Which is why, to this day, I have no clue where to park, when I visit the southern district of the city. The random and sporadic parking has costed me with a hundred scratches and 2 pairs of side-view mirrors during the course of a year. So to find exactly where I could safely and “legally” park, I set out to find some answers.

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)

Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409

Appeal No. 0938: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)

Senate Bill 1383 Stinks, Steffani Fausone

Student Scholarship

Climate change is no longer a prediction; it is a reality. Part of the climate change conversation revolves around increased methane emissions, focusing on the agricultural industry as a culprit. To address these concerns, the California legislature recently passed Senate Bill 1383, which aims to reduce methane emissions from one agricultural industry in particular--dairies. This far-fetched bill is the first in the country to attempt to regulate methane from dairy cattle. With so much uncertainty surrounding this bill's effects, this Comment argues that the bill will hurt the dairy industry more than it helps combat climate change. This Comment also …

Hb 282 - Preservation Of Sexual Assault Evidence, Rebecca A. Dickinson, Alessandra T. Palazzolo

Georgia State University Law Review

This Act extends the time that law enforcement agencies are required to preserve certain evidence of sexual assault. Physical evidence of a reported sexual assault will be preserved for fifty years, and if there is an arrest, for thirty years from the date of arrest or seven years from the sentence’s completion.

Hb 324 - Low Thc Oil, Allyson M. Clawson, Kady D. Litwer

Georgia State University Law Review

The Act allows for the production, manufacturing, and dispensing of low THC oil in the State of Georgia, in accordance with a licensing regime that will be regulated by a twelve-member board. Additionally, the Act provides for a tracking system of production, purchase, and patient registration information, as well as licensing provisions for the University System of Georgia and the State Board of Pharmacy.

Hb 316 - Voting System, Beth K. Boatright, Andrew Smith

Georgia State University Law Review

The Act authorizes and requires a new voting system be used in all elections, provides for auditing procedures, provides for updates to the voter list maintenance laws, and specifies additional revisions to election processes.

Sb 18 - Direct Primary Care, Valentin H. Dubuis, Juliana Mesa

Georgia State University Law Review

This legislation allows physicians to offer specified care for a specific time pursuant to a fixed fee. The physician cannot require more than one year’s payment upfront, and the agreement has to be terminable by either party with thirty days’ notice. Physicians do not have to provide care if the fee has not been paid or the patient has committed fraud, failed to adhere to treatment, or is in physical danger.

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …

Hb 346 - Tenant Retaliation Protection, Joseph N. Guardino, Megan A. Kirk

Georgia State University Law Review

The Act prohibits landlords from taking retaliatory action when tenants exercise their rights or express habitability concerns. The Act provides for several authorized tenant actions that notify and hold landlords responsible for fixable property defects. If the landlord attempts to deprive the tenant of the use or enjoyment of the premises because the tenant expressed habitability concerns, the Act finds a prima facie case of retaliation. The Act specifically protects landlord action when a tenant damages property or is delinquent in rent. The Act provides for civil penalties against landlords who have retaliated under the statute.

Sb 213 - Campaign Contributions Reporting, David R. Carducci, Minho R. Seo

Georgia State University Law Review

The Act amends Georgia’s campaign contributions reporting requirements for public officials. Specifically, the Act amends the dates that campaign contributions must be filed by public officials during nonelection years from January 31, before the start of the legislative session, to June 30, after the end of the legislative session. The Act also amends an election year reporting date from March 31 to April 30. Furthermore, the Act requires that any person or independent committee that contributes to, accepts contributions for, or makes expenditures on behalf of candidates to file a December 31 campaign contribution disclosure report

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate …

Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley

Cleveland State Law Review

Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should …

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted within the …

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.

Once Upon A Time There Was A Mountain Of Paper, Robert P. Zaepfel Jr.

Showcase of Graduate Student Scholarship and Creative Activities

Abstract

James Madison University and the Office of Human Resources recently faced a significant challenge in the arena of records management. As the department migrated to an electronic records management system a unique yet complicated situation arose from simultaneously storing unorganized boxes of duplicate paper records. This topic which was presented at the CUPA-HR (College and University Professional Association for Human Resources) Southern Regional Conference last April and again this year at the SHRM (Society for Human Resource Management) National Conference will focus on the importance of a strategic and analytical approach to electronic records management, paper removal, sensitive data …

Prenatal Drug Exposure As Aggravated Circumstances, Frank E. Vandervort

Articles

In Michigan, "a child has a legal right to begin life with sound mind and body." Yet the family court may not assert Juvenile Code jurisdiction until after birth. In re Baby X addressed the question of whether a parent's prenatal conduct may form the basis for jurisdiction upon birth. It held that a mother's drug use during pregnancy is neglect, allowing the court to assert jurisdiction immediately upon the child's birth. In deciding Baby X, the Court specifically reserved the question of whether parental drug use during pregnancy might be sufficient to permanently deprive a parent of custody. …

Misdemeanors For All Purposes? Interpreting Proposition 47’S Ameliorative Scope In A New Era Of Criminal Justice Reform, Kayla Burchuk

Loyola of Los Angeles Law Review

In 2014, Proposition 47 reclassified seven low-level felonies to misdemeanors, demonstrating voters’ striking rejection of California’s historically punitive sentencing policies. This Note examines the recent wave of California Supreme Court jurisprudence interpreting Proposition 47 by exploring the court’s varied readings of the initiative’s ballot materials and statutory text. While the court has liberally construed relief for affected property crimes, it has responded ambivalently in more controversial areas such as drug offenses, mandatory parole periods, and automatic resentencing. This variation reveals ideological tensions between the goal of expanding ameliorative benefits to low-level offenders and anxiety regarding public safety. This Note analyzes …

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming