State and Local Government Law Commons^™

Mandatory Paid Vacation And Mental Health Leave For All Employees: Better For The Economy, Employers And Employees, Abigail Mansfield

University of Baltimore Law Forum

No abstract provided.

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

Student Scholarship

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through

deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …

Senate Bill 4: Police Officer's Opinions On Texas's Ban Of Sanctuary Cities, Megan E. Reed

Student Scholarship

For this Article, the Author interviewed six local law enforcement agencies in Texas regarding SB4. Based on those interviews and other research, this Article concludes that SB4 likely does not uproot and change Texas policing practices and asserts that SB4 may in fact be highly ineffective at improving resident safety, which was Texas lawmakers’ stated purpose for SB4. SB4 continues to have far reaching impacts, including concerns of racial profiling, victims and witnesses refusing to come forward due to fears of deportation, and damage to police officers’ reputations. Further, while some local law enforcement agencies claim they will not have …

Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli

Articles

This Article uses New Hampshire v. Lilley, a case recently decided by the New Hampshire Supreme Court, as a starting point for an equal protection analysis of indecent exposure laws that distinguish between women and men. After discussing contemporary equal protection jurisprudence and historicizing these laws, this Article uses the film theorist Laura Mulvey's concept of the "male gaze" to demonstrate how overbroad generalizations about sex and sexuality serve as the foundation for this legal distinction. This Article concludes by emphasizing that municipalities and states may continue to enact and enforce indecent exposure laws that reflect community standards, so …

Wrong Price, Wrong Prescription: Why Maryland’S Generic Drug Law Was Not Enough To Effect Change In Rising Prescription Drug Prices, Mario B. Davis

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Krantz V. State, Abigail Mansfield

University of Baltimore Law Forum

No abstract provided.

State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Angela O'Hara, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Recent Developments: Calvo V. Montgomery County: The Decision Of Whether A Trip Falls Under The Special Mission Exception To The Going And Coming Rule Is For The Jury, Not Summary Judgment, Adrián Martinez

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Ramirez V. State, Eunice Ahaghotu

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Romero V. Perez, Morgan Lynch

University of Baltimore Law Forum

No abstract provided.

Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino

St. Thomas Law Review

This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.

Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez

St. Thomas Law Review

This Comment discusses how amending Florida Senate Bill 896 ("S.B. 896") to incorporate more specific language regarding who can consent to electronic monitoring devices in the residents' rooms will help it pass and become part of Section 400.022, Florida Statutes." Part II will examine the current law in Florida and the attempts to amend it. Part III will explain that allowing electronic monitoring devices is in the best interest of both the resident and the nursing home, and will touch upon issues regarding expectations of privacy." Lastly, Part IV proposes to change the language of S.B. 896 so that it …

The Maryland Trust Act: The Fate Of The Unknowledgeable Beneficiary, Fred Franke, Deb Howe

University of Baltimore Law Forum

When adopting its version of the Uniform Trust Code (the "UTC"), Maryland

made two modifications to the UTC that potentially reduced the ability of trust

beneficiaries to enforce their rights. First, the Maryland Trust Act ("MTA")

did not include the UTC requirement that a trustee shall keep beneficiaries

reasonably informed about the administration of the trust and of material facts

necessary to protect their interests regardless of whether the beneficiary

requests such information. Second, Maryland added to the “virtual

representation” provisions of the MTA that a settlor can designate a

representative regardless of the beneficiary's age or capacity to receive …

Recent Developments: Prince V. Murdy, Sean T. Keene

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 50, Number 1 (Fall 2019)

University of Baltimore Law Forum

No abstract provided.

The So-Called “New” Provisions Of The Maryland Commercial Receivership Act, Paul M. Nussbaum, Todd M. Brooks, G. Richard Gray

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Smith V. Wakefield, Daniel W. Pei

University of Baltimore Law Forum

No abstract provided.

Are Carve-Outs Killing The Spirit Of Sanctuary Cities? A Comparative Analysis Of Chicago And Oak Park’S Sanctuary Policies, 52 Uic J. Marshall L. Rev. 395 (2019), Ana Torres

UIC Law Review

In the United States, undocumented immigrants often shy away from accessing public services due to fear of deportation. Chicago and Oak Park have passed ordinances commonly known as “sanctuary policies,” which seek to promote trust between immigrant communities and local law enforcement in order to lower crime rates and increase public safety. The rationale is that undocumented immigrants will feel more confident to report crimes and utilize public and social services without fear of repercussions. Sanctuary policies strive to create basic protections for undocumented immigrants at a local level by limiting cooperation with the federal government. However, many sanctuary policies …

Research Resources For Michigan Criminal Law, Kate E. Britt

Law Librarian Scholarship

Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.

Recent Developments: Reynolds V. State, Meghan M. Mcdonald

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Washington Gas Light Company V. Maryland Public Service Commission, Nicholas A. Tomso

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 49, Number 2 (Spring 2019)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Wallace & Gale Asbestos Settlement Trust V. Busch, Curtis Paul

University of Baltimore Law Forum

No abstract provided.

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard

Michigan Journal of Gender & Law

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …