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Full-Text Articles in State and Local Government Law

The Impact Of New York's 2026 Climate Law Retreat, Jonathan A. Binder, Vincent M. Nolette Jun 2026

The Impact Of New York's 2026 Climate Law Retreat, Jonathan A. Binder, Vincent M. Nolette

Sabin Center for Climate Change Law

On May 26, 2026, New York State enacted significant revisions to its 2019 Climate Leadership and Community Protection Act (CLCPA). The 2026 Amendments, which include changes to the greenhouse gas (GHG) emission accounting methodology, the statewide GHG emission limits, and the requirement to adopt implementing regulations, collectively weaken the Act's ambition. New York’s retreat from state climate action after championing it for years reflects a broader national trend of de-prioritizing mitigation efforts.

The 2026 Amendments will have vast and important consequences for the implementation of the CLCPA. Numerous actions will need to be updated through rulemaking, guidance, or other administrative …


Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan Apr 2026

Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.


Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik Mar 2026

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.


Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White Oct 2025

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …


Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan Jul 2025

Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan Jul 2025

Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.


Evicted From The Outside, Colleen Cosgriff Jul 2025

Evicted From The Outside, Colleen Cosgriff

Maine Law Review

In recent years, Maine has seen an increase in the number of people experiencing homelessness who are living outdoors. People living in these circumstances often shelter together in groups of tents or other temporary structures commonly referred to as “encampments.”As municipalities across Maine struggled with how best to respond to the increase in encampments across the state, the United States Supreme Court decided City of Grants Pass v. Johnson, a case originating in Grants Pass, Oregon. Grants Pass wanted to issue civil and criminal fines to people for sleeping outdoors, even when no alternative shelter was available. The city ultimately …


Law School News: From The State House To The Court House 4-22-2025, Andrew Clark, Roger Williams University School Of Law May 2025

Law School News: From The State House To The Court House 4-22-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark Apr 2025

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.


Redefining Summary Judgment By Statute: The Legislative History Of Tennessee Code Annotated Section 20-16-101, Judy M. Cornett, Matthew R. Lyon Oct 2024

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.


Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams Oct 2024

Panel Discussion 1: Tennessee Supreme Court Rule 40a, Elizabeth Sykes, Lucie Brackin, Jennifer Evans Williams

Tennessee Journal of Law and Policy

No abstract provided.


Police-Made Law, Brenner M. Fissell May 2024

Police-Made Law, Brenner M. Fissell

Faculty Publications

This Article presents evidence that police are writing laws that they enforce. This newly discovered phenomenon compounds the existing understanding of police “making” law through the exercise of discretion. They make law in a far more direct way, functioning as quasi-legislators at the local level—identifying a social problem, drafting an offense to address it, and directly proposing their offense for enactment. The conduct targeted, and the reasons for doing so, are diverse. For example, in one city a police chief successfully criminalized public intoxication so that intoxicated people would go to jails instead of hospitals; in another, a chief pushed …


Clear As Mud: The Confused State Of Mississippi's State Firearm Carry Laws, Garrett Anderson Apr 2024

Clear As Mud: The Confused State Of Mississippi's State Firearm Carry Laws, Garrett Anderson

MC Law Review

Few debates in America are more divisive than the debate over gun control. In the wake of large-scale shootings and heightened awareness of gun violence across the nation, discussions inevitably take place over viable solutions. Some propose more comprehensive, restrictive gun ownership legislation that would limit citizens' ability to carry firearms, while others believe the solution lies in relaxing existing regulations to allow armed citizens to intervene when necessary. While these two camps often find little middle ground in the gun debate, each would likely agree on one thing: a need for clarity and greater effectiveness of current laws. This …


Florida's Homeowners Insurance Problems, Peter Molk Jan 2024

Florida's Homeowners Insurance Problems, Peter Molk

UF Law Faculty Publications

Floridians have seen dramatically rising homeowners insurance premium increases over the past several years, with year-over-year increases of forty percent or more over multiple years. The problem grew so severe that the State legislature convened a special session in 2022 to address the problem, ultimately passing several efforts designed to moderate rates. This Article reviews the evidence of Florida’s experience to interrogate why the State has suffered disparately high homeowners insurance premium increases. In light of this interrogation, I critically assess the prospects for the recent legislative efforts and other suggestions to address the underlying problems. Reform efforts predominantly address …


State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli May 2023

State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli

Journal of Civil Rights and Economic Development

(Excerpt)

“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”

Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …


If We Build It, Will They Legislate? Empirically Testing The Potential Of The Nondelegation Doctrine To Curb Congressional "Abdication", Daniel E. Walters, Elliott Ash Apr 2023

If We Build It, Will They Legislate? Empirically Testing The Potential Of The Nondelegation Doctrine To Curb Congressional "Abdication", Daniel E. Walters, Elliott Ash

Faculty Scholarship

A widely held view for why the Supreme Court would be right to revive the nondelegation doctrine is that Congress has perverse incentives to abdicate its legislative role and evade accountability through the use of delegations, either expressly delineated or implied through statutory imprecision, and that enforcement of the nondelegation doctrine would correct for those incentives. We call this the Field of Dreams Theory—if we build the nondelegation doctrine, Congress will legislate. Unlike originalist arguments for the revival of the nondelegation doctrine, this theory has widespread appeal and is instrumental to the Court’s project of gaining popular acceptance of a …


6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law Feb 2023

6th Annual Stonewall Lecture 2-2-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law Jan 2023

Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Recasting The Second Fiddle: The Need For A Clear Line Of Lieutenant Gubernatorial Succession, T. Quinn Yeargain Oct 2022

Recasting The Second Fiddle: The Need For A Clear Line Of Lieutenant Gubernatorial Succession, T. Quinn Yeargain

South Carolina Law Review

No abstract provided.


Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa May 2022

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …


Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton Apr 2022

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.


Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden Mar 2022

Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Limits And Opportunities Of Offensive Litigation, Howard M. Wasserman, Charles W. Rhodes Jan 2022

Solving The Procedural Puzzles Of The Texas Heartbeat Act And Its Imitators: The Limits And Opportunities Of Offensive Litigation, Howard M. Wasserman, Charles W. Rhodes

American University Law Review

The Texas Heartbeat Act, enacted in 2021 as Senate Bill 8 (S.B. 8), prohibits abortions following detection of a fetal heartbeat, a constitutionally invalid ban under current Supreme Court precedent. But the method of enforcement in the Texas law is unique—it prohibits enforcement by government officials in favor of private civil actions brought by “any person,” regardless of injury. Texas sought to burden reproductive-health providers and rights advocates with costly litigation and potentially crippling liability.

In a series of articles, we explore how S.B. 8's reliance on exclusive private enforcement at the expense of public enforcement creates procedural and jurisdictional …


Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law Jan 2022

Changemakers: Master Of Studies In Law: 'Radical Imagination, Radical Listening', Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark Jan 2022

Complicated Mercy: Compensating The Wrongfully Convicted In Georgia, Elizabeth O'Roark

Georgia Law Review

An exoneree’s story does not end when they walk out of prison and back into society. After spending years in prison for a crime they did not commit, the exoneree must rebuild a life with years of lost income, little credit, and no retirement. Georgia is one of the few states that does not have a statute setting out how to fairly and efficiently compensate its exonerees. Exonerees must instead ask state representatives to present a resolution to the General Assembly. If the resolution passes through both chambers of the legislature, then the exoneree can receive some compensation for the …


Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo Aug 2021

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …


Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis Jun 2021

Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis

Cardozo Law Review

No abstract provided.


Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz Mar 2021

Constitutional Law—Ballot Initiatives And Direct Democracy—Amendment 100 To The Arkansas Constitution: Constitutional Issues Surrounding Ballot Initiatives And Local Legislation, Michael Stiritz

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts Mar 2021

Constitutional Law—The Powers Of State Attorneys General To Determine Public Interest, J. Dillon Pitts

University of Arkansas at Little Rock Law Review

No abstract provided.


Changemakers: Coming Full Circle, Roger Williams University School Of Law Jan 2021

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.