Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (90)
- Administrative Law (78)
- Law and Society (76)
- Courts (70)
- Legislation (65)
-
- Natural Resources Law (64)
- Law and Politics (62)
- Public Law and Legal Theory (60)
- Criminal Law (58)
- Oil, Gas, and Mineral Law (58)
- Jurisprudence (56)
- Property Law and Real Estate (56)
- Supreme Court of the United States (56)
- Environmental Law (48)
- Judges (48)
- Civil Rights and Discrimination (47)
- Litigation (45)
- Criminal Procedure (44)
- Fourteenth Amendment (42)
- Housing Law (42)
- Labor and Employment Law (42)
- Law and Economics (42)
- Law Enforcement and Corrections (41)
- Business Organizations Law (40)
- Civil Procedure (40)
- First Amendment (40)
- Torts (40)
- Contracts (39)
- Institution
-
- Roger Williams University (37)
- Seattle University School of Law (30)
- Case Western Reserve University School of Law (25)
- Northwestern Pritzker School of Law (21)
- Cleveland State University (12)
-
- Lewis & Clark Law School (8)
- Texas A&M University School of Law (7)
- Villanova University Charles Widger School of Law (7)
- Fordham Law School (6)
- University of Maine School of Law (6)
- William & Mary Law School (5)
- Yeshiva University, Cardozo School of Law (5)
- Pepperdine University (4)
- Saint Joseph University of Beirut (4)
- Brooklyn Law School (3)
- DePaul University (3)
- Mitchell Hamline School of Law (3)
- St. Mary's University (3)
- University of Michigan Law School (3)
- University of Oklahoma College of Law (3)
- University of San Diego (3)
- Cornell University Law School (2)
- Marquette University Law School (2)
- St. John's University School of Law (2)
- University of Central Florida (2)
- University of Cincinnati College of Law (2)
- University of Florida Levin College of Law (2)
- University of Kentucky (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- Keyword
-
- Ohio (28)
- State law; State administrative decision (25)
- State courts (13)
- State constitutional law (11)
- Symposium (10)
-
- The Power of State Constitutional Law (9)
- Due process (4)
- Maine (4)
- Property (4)
- Federalism (3)
- Fourteenth Amendment (3)
- Island (3)
- Legislation (3)
- Oregon (3)
- Rhode (3)
- Rural (3)
- Rural law (3)
- Tribal sovereignty (3)
- Abuse (2)
- Accomplice liability (2)
- Addiction (2)
- Administrative law (2)
- Adoption (2)
- Climate change (2)
- Congress (2)
- Constitutional law (2)
- Corporate law (2)
- Court reform (2)
- Criminal law (2)
- Dormant Commerce Clause (2)
- Publication
-
- Roger Williams University Law Review (34)
- Seattle University Law Review (30)
- Ohio Oil & Gas Commission Decisions (25)
- Northwestern University Law Review (21)
- Cleveland State Law Review (7)
-
- Maine Law Review (6)
- Lewis & Clark Law Review (5)
- Villanova Environmental Law Journal (1991 - ) (5)
- Articles (4)
- Faculty Scholarship (4)
- Fordham Law Review (4)
- Pepperdine Law Review (4)
- Proche-Orient, Études juridiques (4)
- Animal Law Review (3)
- California Regulatory Law Reporter (3)
- Faculty Publications (3)
- Journal of Law and Policy (3)
- Life of the Law School (1993- ) (3)
- St. Mary's Law Journal (3)
- Texas A&M Law Review (3)
- DePaul Business & Commercial Law Journal (2)
- Journal of Law and Health (2)
- Kentucky Law Journal (2)
- Law Faculty Articles and Essays (2)
- Marquette Law Review (2)
- Mitchell Hamline Law Review (2)
- Oklahoma Law Review (2)
- UF Law Faculty Publications (2)
- University of Cincinnati Law Review (2)
- Washington Law Review (2)
- Publication Type
Articles 31 - 60 of 241
Full-Text Articles in State and Local Government Law
Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1074: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-185, 2026-194, and 2026-200
Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1075: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-185, 2026-194, and 2026-200
Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Appeal No.1070: Desert Gold Oli & Gas, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2026-76 and 2026-85
The Separation Of Election Contest Powers, Casey Parker-Bell
The Separation Of Election Contest Powers, Casey Parker-Bell
Kentucky Law Journal
No abstract provided.
States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner
States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner
Kentucky Law Journal
No abstract provided.
Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta
Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta
Cornell Law Faculty Working Papers
In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio -- leaving tenants without basic services and token holders facing steep losses.
This article uses the rise and collapse of RealT, together with case studies of the other …
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar
Maine Law Review
Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Maine Law Review
Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam
Maine Law Review
When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt
Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt
Maine Law Review
When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …
المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت
المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت
Proche-Orient, Études juridiques
No abstract provided.
L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage
L'Accord De Taêf Et La Coexistence Au Liban: Contribution À L'Étude De La Notion De Souveraineté, Hoda Hage
Proche-Orient, Études juridiques
No abstract provided.
Active Limited Partners Flunk Functional Test, Karen Burke
Active Limited Partners Flunk Functional Test, Karen Burke
UF Law Faculty Publications
In 1977, Congress enacted section 1402(a)(13), which exempts limited partners "as such" from self-employment tax on their share of partnership income. A half century later, active investment management professionals have claimed limited partner status to avoid self-employment tax on investment management fees, seemingly standing this anti-abuse rule on its head. While the Treasury twice issued proposed regulations to clarify and modernize the definition of a limited partner, these attempts encountered a firestorm of protest. The Tax Court's controversial Soroban decision rejected claims that state-law limited partners are automatically exempt from self-employment tax, holding that a functional analysis is required to …
Abortion (Re)Federalization, Gerald S. Dickinson
Abortion (Re)Federalization, Gerald S. Dickinson
Utah Law Review
This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …
Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson
Preemption Of State Fraudulent Transfer Law By The Bankruptcy Code, David G. Carlson
Articles
The article argues that state law tort claims based on fraudulent transfers are preempted by the Bankruptcy Code. It contends that allowing such tort claims to persist interferes with a bankruptcy trustee's ability to achieve universal settlements and recover assets, as the trustee cannot guarantee immunity from third-party tort liabilities.
Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark
Graduate Scholarship and Creative Works
Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …
From Maps To Meadows: Ecologically Literate Zoning And The Regeneration Of Wildlife Habitats, Jonathan Rosenbloom
From Maps To Meadows: Ecologically Literate Zoning And The Regeneration Of Wildlife Habitats, Jonathan Rosenbloom
Cleveland State Law Review
For more than a century, zoning has shaped the American landscape, often at the expense of wildlife and ecosystems. Rooted in legal doctrines that treated animals as property and nature as a raw material, zoning codes have fragmented habitats, erased migration corridors, and accelerated biodiversity loss. At the same time, federal protections are narrowing, leaving critical gaps in environmental governance. This Article argues that local governments possess both the authority and the obligation to respond. By embedding ecological principles into zoning—through conservation districts, wildlife corridor protections, wetland buffers, pollinator protections, dark skies, wildlife fencing, habitat restoration, and others—municipalities can transform …
A Bone To Pick: Back To The Basics In Food Product Liability With A Necessary Reformation Of The "Hybrid" Negligence Standard, Clay Cutteridge
A Bone To Pick: Back To The Basics In Food Product Liability With A Necessary Reformation Of The "Hybrid" Negligence Standard, Clay Cutteridge
Cleveland State Law Review
Ohio does not use the traditional negligence standard in determining negligence in food product liability cases. Instead, Ohio uses what is called the hybrid test. The hybrid test analyzes what a consumer would reasonably expect to find in their food, and Ohio courts consider the naturalness of an object to the food it is in to be the determinative factor: natural objects should be reasonably expected and cannot give rise to successful claims of negligence. This hybrid test fails to consider that food is complex, and consumers often cannot know what to reasonably expect in the food they buy. The …
Appeal No.1068: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Appeal No.1068: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appleal of Chief's Orders 2026-41 and 2026-86
Appeal No.1073: Granite Ridge Holdings, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No.1073: Granite Ridge Holdings, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2026-124
Appeal No.1069: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Appeal No.1069: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appleal of Chief's Orders 2026-41 and 2026-86
Le Parlement Arabe, Gilbert Aoun
Le Parlement Arabe, Gilbert Aoun
Proche-Orient, Études juridiques
No abstract provided.
Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey
Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey
BYU Law Review
Instead of easing the housing crises that exist across the country as intended, mandatory inclusionary housing programs burden development, impeding smaller projects and stunting development that in the aggregate could alleviate housing shortages. In this Note, I argue that states should preempt local governments from imposing burdensome mandatory inclusionary housing programs because they interfere with property rights and are counterproductive in their results. The Nollan-Dolan rough proportionality test requires that land-use conditions must be related to and proportional to the problem created by the land development project. The Supreme Court’s recent holding in Sheetz v. County of El Dorado clarified …
Felony Murder: What Courts Ignore In Ohio Rev. Code § 2903.02(B), Richard S. Walinski
Felony Murder: What Courts Ignore In Ohio Rev. Code § 2903.02(B), Richard S. Walinski
Et Cetera
Ohio has two levels of felony murder. One is aggravated felony murder, 2903.01(b). It is an approximate equivalent of the common-law felony-murder rule. The other is a felony-murder rule for the lesser offence of simple murder, 2903.02(B). In felony-murder cases prosecuted under Ohio Revised Code § 2903.02(B), the nearly universal practice among the lower courts in Ohio is to ignore certain explicit text in the statute.
To warrant a conviction, 2903.02(B) requires that death have occurred as a proximate result of the defendant’s having committed or having attempted to commit one of many predicate offenses that the General Assembly labeled …
Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson
Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson
Seattle University Law Review
Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.
This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …
Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens
Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens
Seattle University Law Review
The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …