State and Local Government Law | Open Access Articles

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown

Roger Williams University Law Review

No abstract provided.

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Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023)., Austin F. Gibilisco

Roger Williams University Law Review

No abstract provided.

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2023 Rhode Island Public Laws

Roger Williams University Law Review

No abstract provided.

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Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers

Roger Williams University Law Review

No abstract provided.

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Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023)., Samantha Rhodes

Roger Williams University Law Review

No abstract provided.

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State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker

Roger Williams University Law Review

No abstract provided.

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The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton

Roger Williams University Law Review

No abstract provided.

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Confusion, Chaos, And Conflict In U.S. Law And Health Care After Dobbs, Nicole Huberfeld

Faculty Scholarship

The U.S. Supreme Court’s Dobbs decision caused a proliferation of contradictory state laws and judicial decisions that are producing confusion for health care providers, which in turn limits access to care for all patients of reproductive age. This paper documents the rapidly changing legal landscape to investigate and contextualize the significance of these inter‑state conflicts and illustrate how inequities deepen when health care is left in the hands of state governments without national law to provide guardrails. Drawing on interdisciplinary scholarship, including legal, medical, and public health research, this essay considers how traditional federalism theory, which encourages sub‑government variation, does …

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Confronting Structural Inequality In State Labor Law, Andrew Elmore

Faculty Scholarship

Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with judicial deference, to fend off state intrusions into the workplace. While the National Labor Relations Act aims to resolve this structural problem by protecting the rights of workers to join unions, strike, and collectively bargain, employers, backed by judicial support for managerial prerogatives and property rights, can often leverage NLRA weaknesses …

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Churching Nimbys: Creating Affordable Housing On Church Property, Patrick E. Reidy, C.S.C.

Journal Articles

In recent years, faith communities across the United States have begun to create affordable housing on church property, inspired by sincerely held religious beliefs. Some are building microhomes behind their houses of worship. Others are converting residences once used by religious ministers—from rectories to abbeys to convents—into units for seniors and low-income families. Still others are repurposing their vacant schools, church parking lots, and undeveloped parcels of land for denser multifamily structures, from townhouses to apartment buildings. Within housing-advocacy circles and among faith communities, these continent-wide efforts to create affordable housing on church property have manifested an affirmative declaration: “Yes, …

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Incomplete Streets, Michael Lewyn

Scholarly Works

Over 1700 complete streets policies have been adopted by state and local government; these policies typically provide that streets shall be designed to benefit all users, not just motorists. This article analyzes some complete streets policies, and concludes that even above-average policies are often too vague and underfunded to significantly change the status quo. The article suggests a variety of reforms that might make complete streets policies more effective.

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A Graphic Novel About Housing Policy, Michael Lewyn

Scholarly Works

A review of Build, Baby, Build by Bryan Caplan

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Can State Legislatures Strip Federal Courts Of Jurisdiction To Review State Laws?, Matthew I. Hall, Eliza K. Hall

Scholarly Works

For more than a century, federal courts have relied on the Ex parte Young doctrine to provide authority to protect individual constitutional rights against state infringement. Ex parte Young provides the primary mechanism for federal judicial review of allegedly unconstitutional state laws, permitting persons whose federal rights are affected by state law to seek an injunction in federal court against the state officials charged with enforcing the law. By some accounts, the Ex parte Young doctrine is an exception to sovereign immunity; by others, it is merely an example of the “traditional tool of equity” known as the anti-suit injunction. …

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Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara, Riskayati Subandi

Jurnal Konstitusi & Demokrasi

The establishment of the Government of the Special Territory of the Capital of Nusantara (Special Regional Government of IKN) as the location of the new capital of Indonesia has raised controversy, especially as regards its position as the special regional government held by the Nusantara Capital Authority Institution (IKN Authority), as well as the differences in the process for selecting government heads. The research was conducted using a normative jurisprudence method that focuses on the analysis of secondary data to determine the constitutionality of regulations relating to the position and process of election of the head of government in the …

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State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures, Zachary J. Johnigan

Undergraduate Research Symposium Posters

Governing agencies can be classified as either federal, state, or local. The Nevada Legislature is a state level governing body that provides governance for the state of Nevada. A large part of the process of governing the state takes place during a regular legislative session, where new laws are heard then passed or denied and old laws are revised or abolished. One regular legislative session consists of 120 calendar days. In the event that not all business was able to be conducted within a regular session, the governor of the state can call for a special session to be opened. …

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Tribal Sovereignty Preempted, Michael Doran

Brooklyn Law Review

In June of 2022, the US Supreme Court held in Oklahoma v. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester v. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom about Castro-Huerta sees the case as a radical departure from first principles of federal Indian law, this article argues that Castro-Huerta is the natural—although deeply deplorable—next step in a long line of Supreme Court cases expanding state governmental authority …

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Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper

Brooklyn Law Review

This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …

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Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron

Brooklyn Law Review

The Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel …

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The Anti-Constitutionality Of The Deeply Rooted Test In Dobbs V. Jackson, Reginald Oh

Cleveland State Law Review

The deeply rooted in history test used by Justice Alito in Dobbs v. Jackson to overturn Roe v. Wade is anti-constitutional. In Dobbs, Alito concluded that, because a majority of states in 1868 criminalized abortion, abortion is not deeply rooted in history, and is therefore not a fundamental liberty under the Fourteenth Amendment Due Process Clause. However, relying on state laws in 1868 to interpret constitutional text not only has no basis in the Constitution, it goes against the fundamental nature of the Constitution as an integrated whole. What I call the Integrated Constitution is based on Chief Justice John …

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R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro

Cleveland State Law Review

This Article recommends a shift in constitutional interpretation that requires the existence of respect for the class at issue when a fundamental right is being considered under the narrow, historical deeply rooted test of the Fourteenth Amendment. By focusing on Dobbs v. Jackson Women’s Health Organization, this Article highlights that the class at issue—women—are having their fundamental rights decided for them by the legal sources of 1868. In applying this strict and narrow historical deeply rooted test, the Court fails to consider the lack of respect and autonomy that women had in 1868. To the Court, if twenty-eight out …

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Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …

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Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds

University of Richmond Law Review

Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the …

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Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …

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Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright

Mercer Law Review

The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.

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Local Government, Jacob Stalvey O'Neal

Mercer Law Review

This Article surveys a selection of noteworthy cases involving local government that Georgia courts decided between June 1, 2022 and May 31, 2023.

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Commissioners Shoot For The Moon, Citizens Land Among The Stars: The Supreme Court Of Georgia Affirms Citizen Referendum Power In Camden County V. Sweatt, J. Bailey Hotard

Mercer Law Review

Georgia citizens possess few direct democratic mechanisms to check the power of their local governments. One available tool is the referendum power proscribed by the Home Rule Provision of the Constitution of the State of Georgia. Under this provision, county and municipal citizens may petition their local governing authorities for referendum when a legislative decision is largely unpopular. Relying on originalism and textualism, the Supreme Court of Georgia interpreted the Home Rule Provision broadly in Camden County v. Sweatt, a decision than ran counter to a twenty-five-year precedent. This court’s recent interpretation of the Home Rule Provision allows citizens …

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Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …

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Preface, Alexandra M. Voehringer

University of Richmond Law Review

The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth.

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Full-Text Articles in State and Local Government Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown

Roger Williams University Law Review

Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023)., Austin F. Gibilisco

Roger Williams University Law Review

2023 Rhode Island Public Laws

Roger Williams University Law Review

Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers

Roger Williams University Law Review

Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023)., Samantha Rhodes

Roger Williams University Law Review

State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker

Roger Williams University Law Review

The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton

Roger Williams University Law Review

Confusion, Chaos, And Conflict In U.S. Law And Health Care After Dobbs, Nicole Huberfeld

Faculty Scholarship

Confronting Structural Inequality In State Labor Law, Andrew Elmore

Faculty Scholarship

Churching Nimbys: Creating Affordable Housing On Church Property, Patrick E. Reidy, C.S.C.

Journal Articles

Incomplete Streets, Michael Lewyn

Scholarly Works

A Graphic Novel About Housing Policy, Michael Lewyn

Scholarly Works

Can State Legislatures Strip Federal Courts Of Jurisdiction To Review State Laws?, Matthew I. Hall, Eliza K. Hall

Scholarly Works

Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara, Riskayati Subandi

Jurnal Konstitusi & Demokrasi

State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures, Zachary J. Johnigan

Undergraduate Research Symposium Posters

Tribal Sovereignty Preempted, Michael Doran

Brooklyn Law Review

Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper

Brooklyn Law Review

Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron

Brooklyn Law Review

The Anti-Constitutionality Of The Deeply Rooted Test In Dobbs V. Jackson, Reginald Oh

Cleveland State Law Review

R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro

Cleveland State Law Review

Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds

University of Richmond Law Review

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright

Mercer Law Review

Local Government, Jacob Stalvey O'Neal

Mercer Law Review

Commissioners Shoot For The Moon, Citizens Land Among The Stars: The Supreme Court Of Georgia Affirms Citizen Referendum Power In Camden County V. Sweatt, J. Bailey Hotard

Mercer Law Review

Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Preface, Alexandra M. Voehringer

University of Richmond Law Review

Table Of Contents

University of Richmond Law Review