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2023

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Articles 331 - 360 of 419

Full-Text Articles in State and Local Government Law

Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma Jan 2023

Facilitating Race-Conscious Targeted Purchasing Programs In The Shadow Of The Trump Judiciary, Daniel Choma

Mitchell Hamline Law Review

No abstract provided.


Family Law, Joanna L. Grossman, Christine P. Leatherberry Jan 2023

Family Law, Joanna L. Grossman, Christine P. Leatherberry

SMU Annual Texas Survey

More than 300,000 new family law cases were filed in Texas in 2022; more than a third of those were divorces (and there were more divorces in Texas than in any other state). Tens of thousands of children live in households that are involved in family court proceedings in any given year. Family law remains one of the areas with the greatest unmet legal need—more than half of litigants are pro se in cases with enormous stakes. The work of lawyers, judges, and other professionals in this area should not be underestimated. In this Article, we will try to lighten …


Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa Jan 2023

Race, Space, And Place: Interrogating Whiteness Through A Critical Approach To Place, Keith H. Hirokawa

William & Mary Journal of Race, Gender, and Social Justice

Drawing from George Lipsitz’s notion that whiteness is “not so much a color as a condition,” this Article embarks on the project of framing the manner and methods through which whiteness continues to dominate space and place. Wherever whiteness dominates space, space carries rules and expectations about the identity and characteristics of people who are present—visitors and jaunters, owners and occupiers—and the types of activities and cultural practices that might occur there. Occasionally, spaces are racialized because of intentional practices of discrimination and segregation. In others, less intentional methods produce racialized space. In both, American spaces tell their own histories …


How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams Jan 2023

How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams

Graduate Theses/Dissertations

The foster care field continues to have a high turnover rate of the professionals working in the field. While support and work balance are available for some professionals, many face the challenges of heavy workloads, unrealistic expectations, and health sacrifices that lead to many professionals leaving the field. This case study of one former foster care professional’s description of reasons they worked in the field, and reasons they ultimately left the field provides insight of the challenges and support as a foster care professional. The findings of this study are organized into three major themes including “Challenges for Foster Care …


Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent Jan 2023

Boulder Is For People: Zoning Reform And The Fight For Affordable Housing, Emma Sargent

University of Colorado Law Review

The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental sustainability, racial desegregation, and the economic stability of cities and states. However, passing zoning reform measures is complicated by local political opposition and the potential for unintended consequences. The best approach to pass zoning reform while ensuring that cities and states truly address housing affordability is to craft zoning reform …


Election Subversion And The Writ Of Mandamus, Derek T. Muller Jan 2023

Election Subversion And The Writ Of Mandamus, Derek T. Muller

Journal Articles

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if successful, would render the right to vote illusory. These threats call for a response. But rather than recommend the development of novel tools to address the problem, this Article argues that a readily available mechanism is at hand for courts to address election subversion: the writ of mandamus. This Article is the first comprehensive piece to situate the …


Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers Jan 2023

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …


Making South Dakota History: An Introduction To The Special Impeachment Issue, Hannah Haksgaard, Tyler Moore, Gabrielle Unruh Jan 2023

Making South Dakota History: An Introduction To The Special Impeachment Issue, Hannah Haksgaard, Tyler Moore, Gabrielle Unruh

Faculty Publications

In September 2020, South Dakota’s Attorney General Jason Ravnsborg was driving on a rural highway when he struck and killed a pedestrian. After pleading guilty to two criminal misdemeanors, Ravnsborg was impeached, convicted, removed from state office, and barred from holding it again. This was South Dakota’s first impeachment of a constitutional officer. To chronicle this historic first, the South Dakota Law Review is publishing a special issue containing ten essays authored by those directly involved with the impeachment. This essay introduces the special issue by describing the factual and procedural background for Ravnsborg’s impeachment, providing a brief summary of …


Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr. Jan 2023

Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr.

Law Faculty Publications

Rural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, …


“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman Jan 2023

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman

Law Student Publications

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …


Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan Jan 2023

Duped By Dope: The Sackler Family’S Attempt To Escape Opioid Liability And The Need To Close The Non-Debtor Release Loophole, Bryson T. Strachan

Law Student Publications

The opioid epidemic continues to rage on in the United States, ravaging its rural populations. One of its main causes? OxyContin. Purdue Pharma (“Purdue”), the maker of OxyContin, aggressively marketed opioids to the American public while racking up a fortune of over $13 billion dollars for its owners,3 the Sackler family. As a result, roughly 3,000 lawsuits were filed against Purdue and members of the Sackler family. Generally, the lawsuits alleged that Purdue and members of the Sackler family knew OxyContin was highly addictive yet aggressively marketed high dosages of the drug and misrepresented the drug as nonaddictive and without …


Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett Jan 2023

Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett

Law Student Publications

Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …


Stay In Your Lane: Rooker-Feldman Prohibits Lower Federal Court Review Of Non- Final State Court Judgments, Matthew Bertelli Jan 2023

Stay In Your Lane: Rooker-Feldman Prohibits Lower Federal Court Review Of Non- Final State Court Judgments, Matthew Bertelli

Roger Williams University Law Review

No abstract provided.


Now Recording: Ensuring Accountability In Rhode Island’S Police Body-Worn Camera Legislation, Rebecca Costello Jan 2023

Now Recording: Ensuring Accountability In Rhode Island’S Police Body-Worn Camera Legislation, Rebecca Costello

Roger Williams University Law Review

No abstract provided.


In Re Juan P. Benitez, 266 A.3d 1221 (R.I. 2022), Andrea Staehelin Jan 2023

In Re Juan P. Benitez, 266 A.3d 1221 (R.I. 2022), Andrea Staehelin

Roger Williams University Law Review

No abstract provided.


State V. Mcguire, 273 A.3d 146 (R.I. 2022), Madeleine Fenderson Jan 2023

State V. Mcguire, 273 A.3d 146 (R.I. 2022), Madeleine Fenderson

Roger Williams University Law Review

No abstract provided.


Dulong V. Merrimack Mut. Fire Ins. Co., 272 A.3d 120 (R.I. 2022)., Kyle Easton Jan 2023

Dulong V. Merrimack Mut. Fire Ins. Co., 272 A.3d 120 (R.I. 2022)., Kyle Easton

Roger Williams University Law Review

No abstract provided.


A Fresh Start: Sealing Eviction Records In Rhode Island, Katie Gradowski Jan 2023

A Fresh Start: Sealing Eviction Records In Rhode Island, Katie Gradowski

Roger Williams University Law Review

No abstract provided.


State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022), Amanda Rotimi Jan 2023

State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022), Amanda Rotimi

Roger Williams University Law Review

No abstract provided.


Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022)., Keith Lefevre Jan 2023

Martins V. Bridgestone Americas Tire Operations, 266 A.3d 753 (R.I. 2022)., Keith Lefevre

Roger Williams University Law Review

No abstract provided.


Mezini V. Mezini, 268 A.3d 1171 (R.I. 2022), Maya Maldonado-Weinstein Jan 2023

Mezini V. Mezini, 268 A.3d 1171 (R.I. 2022), Maya Maldonado-Weinstein

Roger Williams University Law Review

No abstract provided.


Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher Jan 2023

Georges V. State, 249 A.3d 1261 (R.I. 2021), Logan Faucher

Roger Williams University Law Review

No abstract provided.


Dextraze V. Bernard, 253 A.3d 411 (R.I. 2021), Angela Amaral Jan 2023

Dextraze V. Bernard, 253 A.3d 411 (R.I. 2021), Angela Amaral

Roger Williams University Law Review

No abstract provided.


Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks Jan 2023

Fuoco V. Polisena, 244 A.3d 124 (R.I. 2021), David Marks

Roger Williams University Law Review

No abstract provided.


State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022)., Judd W. Krasher Jan 2023

State V. Hudgen¸ 272 A.3d 1069 (R.I. 2022)., Judd W. Krasher

Roger Williams University Law Review

No abstract provided.


Mitola V. Providence Public Buildings Authority, 273 A.3d 618 (R.I. 2022), Andrew Blackstone Colton Jan 2023

Mitola V. Providence Public Buildings Authority, 273 A.3d 618 (R.I. 2022), Andrew Blackstone Colton

Roger Williams University Law Review

No abstract provided.


Henry V. Media General Operations, Inc., 254 A.3d 822 (R.I. 2021), Stefanie D. Fischer Jan 2023

Henry V. Media General Operations, Inc., 254 A.3d 822 (R.I. 2021), Stefanie D. Fischer

Roger Williams University Law Review

No abstract provided.


Athena Providence Place Et Al. V. Elyse M. Pare, In Her Capacity As Tax Assessor For The City Of Providence, Et Al., 262 A.3d 679 (R.I. 2021), Evan William Dandrea Jan 2023

Athena Providence Place Et Al. V. Elyse M. Pare, In Her Capacity As Tax Assessor For The City Of Providence, Et Al., 262 A.3d 679 (R.I. 2021), Evan William Dandrea

Roger Williams University Law Review

No abstract provided.


In Re. J.T., 252 A.3d 1276 (R.I. 2021)., Pia Piscitelli Jan 2023

In Re. J.T., 252 A.3d 1276 (R.I. 2021)., Pia Piscitelli

Roger Williams University Law Review

No abstract provided.


State V. Briggs, 263 A.3d 739 (R.I. 2021), Jonte' Mckenzie Jan 2023

State V. Briggs, 263 A.3d 739 (R.I. 2021), Jonte' Mckenzie

Roger Williams University Law Review

No abstract provided.