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Articles 31 - 60 of 419
Full-Text Articles in State and Local Government Law
Improper Indeterminate Incarceration: Navigating The Constitutional Quandaries Of The Reagan Tokes Law's Powers And Procedures, Sophie M. Piteo
Improper Indeterminate Incarceration: Navigating The Constitutional Quandaries Of The Reagan Tokes Law's Powers And Procedures, Sophie M. Piteo
Cleveland State Law Review
This Article advocates for an amendment to the statutory provisions that make up Ohio’s indefinite sentencing scheme to better protect offender’s constitutional rights. Through an analysis of the Reagan Tokes Law and the Ohio Supreme Court’s ruling in State v. Hacker, this Article traces the evolution of Ohio’s indefinite sentencing framework, which was reinstated in 2019. It contrasts the current scheme with the previously invalidated, but very similar, Bad Time Law, which was struck down in 2000 for violating the separation of powers clause and due process rights. While the Reagan Tokes Law emerged from concerns for public safety …
Direct Democracy: Ohio Style, Steven H. Steinglass, Ernest M. Oleksy
Direct Democracy: Ohio Style, Steven H. Steinglass, Ernest M. Oleksy
Cleveland State Law Review
This Article is an expansion of comments by Steven H. Steinglass at a Symposium on Democracy sponsored by the Cleveland State Law Review and held on October 27, 2023. The Symposium looked broadly at threats to democracy, but the panel on which he participated focused more narrowly on the Ohio Constitution and Democracy. The Article reviews the history of direct democracy in Ohio with an emphasis on the constitutional initiative. Part I of this Article discusses the historical origins of direct democracy in Ohio and the iconic Ohio Constitutional Convention of 1912 that proposed Ohio’s direct democracy amendment. Particular …
A Fundamental Failing: The Mississippi Judiciary's Abrogation Of Its Constitutional Duty, Brad Robertson
A Fundamental Failing: The Mississippi Judiciary's Abrogation Of Its Constitutional Duty, Brad Robertson
MC Law Review
No abstract provided.
What's Love Got To Do With It? Davis V. Henderson And A Proposed Revision To Mississippi's Termination Of Child Support Standard, Maddie Woodhead
What's Love Got To Do With It? Davis V. Henderson And A Proposed Revision To Mississippi's Termination Of Child Support Standard, Maddie Woodhead
MC Law Review
No abstract provided.
Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie
Rising Temperatures, The Prison Litigation Reform Act, And The Heat Death Of Human Dignity In Texas Prisons, Brianne Wylie
Northwestern University Law Review
This Note seeks to shed light on the life-threatening danger of extreme heat in un-air-conditioned Texas prisons. The Prison Litigation Reform Act (PLRA) starkly limits the relief available to those suffering and dying in these prisons. This Note proposes an amendment to the legislation that could create a path toward lasting relief for incarcerated people. After analyzing the effects of increasing heat on the particularly vulnerable prison population, this Note analyzes how the Supreme Court and the Fifth Circuit have handled claims alleging constitutionally violative prison conditions under the Eighth Amendment—in short, ineffectively, if at all. This Note then details …
Comity & Federalism In Extraterritorial Abortion Regulation, Jensen Lillquist
Comity & Federalism In Extraterritorial Abortion Regulation, Jensen Lillquist
Michigan Journal of Gender & Law
On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization and held that states may regulate abortion in whatever manner they wish. In the wake of Dobbs, commentators and laypersons have focused primarily on its implications for reproductive rights and other fundamental rights—such as gay marriage. Less often discussed are the questions that arise regarding state extraterritorial jurisdiction. Since Dobbs, a patchwork of laws has developed: pro-life states have placed greater restrictions on abortion, while pro-choice states have sought to expand abortion access. Questions have arisen regarding whether and to what extent states may regulate the …
Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.
Life, Liberty, And The Pursuit Of Artificial Intelligence, Christopher C. Spinosa Jr.
Touro Law Review
With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems …
Burglary At Wal-Mart: Innovative Prosecutions Of Banned Shoplifters Under Tennessee Code Annotated Section 39-14-402, Jonathan Harwell
Burglary At Wal-Mart: Innovative Prosecutions Of Banned Shoplifters Under Tennessee Code Annotated Section 39-14-402, Jonathan Harwell
Tennessee Journal of Law and Policy
No abstract provided.
Changemaker: Maureen Wagner Vinson: Juris Doctor: Bringing Election Law To Students 10-31-2024, Roger Williams University School Of Law
Changemaker: Maureen Wagner Vinson: Juris Doctor: Bringing Election Law To Students 10-31-2024, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981
Appendix: Transcript Of Video Legislative History Of Public Chapter No. 4981
Tennessee Journal of Law and Policy
House Bill 1358 (April 12, 2011) - House Judiciary Subcommittee
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon
Tennessee Journal of Law and Policy
No abstract provided.
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman
Joint Authority? The Case For State-Based Marijuana Regulation, Matthew Shectman
Tennessee Journal of Law and Policy
No abstract provided.
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
Tennessee Journal of Law and Policy
No abstract provided.
Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams
Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams
Tennessee Journal of Law and Policy
No abstract provided.
A Take On "Special Solicitude" In State Standing: Reconciling The Unreconcilable, Audrey M. Woodward
A Take On "Special Solicitude" In State Standing: Reconciling The Unreconcilable, Audrey M. Woodward
University of Cincinnati Law Review
No abstract provided.
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub
University of Cincinnati Law Review
No abstract provided.
Lawyers, Guns, And Marijuana: How N.Y. State Rifle And Pistol Ass'n V. Bruen Is Shaping Federal Marijuana Law, Mia Cordle
University of Cincinnati Law Review
No abstract provided.
Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill
Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill
University of Cincinnati Law Review
Federal agencies have caught the artificial intelligence (AI) bug. A December 2023 report by the Government Accountability Office found that twenty of twenty-three federal agencies surveyed reported using some form of AI, with about two hundred current use cases for algorithms and about one thousand more in the planning phase. These agencies are using algorithms in all aspects of administration, including rulemaking, adjudication, and enforcement. The risks of AI are well-documented. Previous work has shown that algorithms can be, among other things, biased and prone to error. However, perhaps no problem poses a more serious threat to the use of …
City Of Portland V. Depaolo: Defining The Role Of Stare Decisis In State Constitutional Decisionmaking, Thad B. Zmistowski
City Of Portland V. Depaolo: Defining The Role Of Stare Decisis In State Constitutional Decisionmaking, Thad B. Zmistowski
Maine Law Review
Five years ago, the Maine Supreme Judicial Court, sitting as the Law Court, aligned itself with a growing number of states by adopting the primacy method of state constitutional decisionmaking. Under the primacy method, a state court decides an issue of constitutional law by first looking to that state's own constitution; if the issue is resolvable on state constitutional grounds, the federal constitutional grounds are not reached. Adoption of the primacy method by numerous state courts has generated considerable debate concerning issues of state constitutional law. Little discussion, however, has focused on the methodology of state constitutional adjudication. As a …
Taxpayer Standing And The Preventive-Remedial Distinction: A Call For Reform, Alicia E. Flaherty
Taxpayer Standing And The Preventive-Remedial Distinction: A Call For Reform, Alicia E. Flaherty
Maine Law Review
The Maine Law Court has observed that, "a central function of American courts [is] to protect and relieve the individual from injurious unconstitutional conduct by government officials." Apart from the political process, the judicial process is the only means through which citizens can ensure that government conforms to the law. The courts provide a forum for citizens to challenge the legality of official acts, and serve as a "means of correcting illegal practices of government officials which would otherwise be irreparable." The question of standing is a critical element of the court's task of balancing the individual's right to challenge …
A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover
A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover
Northwestern University Law Review
In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, Grant Marcketta, Marcus Friedman
Contractors State License Board, Grant Marcketta, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Steven Soldani, Marcus Friedman
Medical Board Of California, Steven Soldani, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.