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State and Local Government Law Commons™
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Articles 1831 - 1860 of 16686
Full-Text Articles in State and Local Government Law
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
Civil Procedure: Pre-Trial & Trial, Amanda Sotak, Don Colleluori, Andrew C. Whitaker
SMU Annual Texas Survey
No abstract provided.
Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Chelsea Abii, Madeline Ballard
Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Chelsea Abii, Madeline Ballard
SMU Annual Texas Survey
No abstract provided.
From Zero-Sum To Economic Partners: Reframing State Tax Policies In Indian Country In The Post-Covid Economy, Pippa Browde
From Zero-Sum To Economic Partners: Reframing State Tax Policies In Indian Country In The Post-Covid Economy, Pippa Browde
Faculty Law Review Articles
The disparate impact COVID-19 has had on Indian Country
reveals problems centuries in the making from the legacy of
colonialism. One of those problems is state encroachment in
Indian Country, including attempts to assert taxing authority
within Indian Country. The issue of the reaches of state taxing
authority in Indian Country has resulted in law that is both
uncertain and highly complex, chilling both outside investment
and economic development for tribes.
As the United States emerges from COVID-19, to focus only on the
toll exacted on tribes and their peoples ignores the tremendous
opportunities for states to right these historical …
The Status Of California's Pay-For-Delay Legislation And Litigation, Jordan Paradise
The Status Of California's Pay-For-Delay Legislation And Litigation, Jordan Paradise
Faculty Publications & Other Works
Pay-for-delay settlements arise when the brand drug company compensates the generic in some form to delay entry to market, thereby effectively eliminating the 180-day exclusivity on the market the generic is entitled to under law. At the federal level, the Supreme Court has established factors to determine whether such agreements violate antitrust law, policymakers have introduced legislation to curb the practice, and the Federal Trade Commission continues to actively police such deals. At the state level, California Attorney General Xavier Becerra made headlines for securing legal settlements in July 2019 with several pharmaceutical companies accused of participating in pay-for-delay agreements. …
Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Taylor Rex Robertson, Wes Dutton, Alicia Pitts, Alexander Clark, Wilson Miller
Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Taylor Rex Robertson, Wes Dutton, Alicia Pitts, Alexander Clark, Wilson Miller
SMU Annual Texas Survey
No abstract provided.
Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle
Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle
CMC Senior Theses
This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …
Expanding Medicaid In The Postpartum Period, Madison P. Harrell
Expanding Medicaid In The Postpartum Period, Madison P. Harrell
Law Student Publications
This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Copyright Takes To The Streets: Protecting Graffiti Under The Visual Artists Rights Act, Michaela S. Morrissey
Law Student Publications
Artists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of copyright protection for their work. Prior to Castillo v. G&M Realty L.P., the rights granted to street artists had generally been uncharted territory. However, a verdict that pitted the rights of street artists against the rights of property owners finally gave street art the credibility many felt it long deserved. In Castillo, the United States Court of Appeals for the Second Circuit recognized graffiti as a work of visual art, thus …
Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson
Disabled Litigants’ Standing Issue: Ensuring Rhode Island’S Standing Doctrine Is Accessible To Ada Tester Litigants, Colten H. Erickson
Roger Williams University Law Review
No abstract provided.
State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson
State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson
Roger Williams University Law Review
No abstract provided.
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021), Samantha M. Darocha
Andrade V. Andrade, 252 A.3d 755 (R.I. 2021), Samantha M. Darocha
Roger Williams University Law Review
No abstract provided.
The Ret. Bd. Of The Emples. Ret. Sys. Of R.I. V. Randall, 249 A.3d 629 (R.I. 2021), Yee Yee Myint
The Ret. Bd. Of The Emples. Ret. Sys. Of R.I. V. Randall, 249 A.3d 629 (R.I. 2021), Yee Yee Myint
Roger Williams University Law Review
No abstract provided.
State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle
State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle
Roger Williams University Law Review
No abstract provided.
2021 Rhode Island Public Laws, Madison C. Picard
2021 Rhode Island Public Laws, Madison C. Picard
Roger Williams University Law Review
No abstract provided.
Laprocina V. Lourie, 250 A.3d 1281 (R.I. 2021), Jeffrey Prystowsky
Laprocina V. Lourie, 250 A.3d 1281 (R.I. 2021), Jeffrey Prystowsky
Roger Williams University Law Review
No abstract provided.
Rhode Island And Sports Law, Adam Epstein
Rhode Island And Sports Law, Adam Epstein
Roger Williams University Law Review
No abstract provided.
Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021), Alexus Bonilla
Decurtis V. Visconti, Boren & Campbell Ltd., 252 A.3d 765 (R.I. 2021), Alexus Bonilla
Roger Williams University Law Review
No abstract provided.
Beagan V. Rhode Island Department Of Labor And Training, 253 A.3d 858 (R.I. 2021), Candace Quinn
Beagan V. Rhode Island Department Of Labor And Training, 253 A.3d 858 (R.I. 2021), Candace Quinn
Roger Williams University Law Review
No abstract provided.
State V. Depina, 245 A.3d 1222 (R.I. 2021), Christopher Minicucci
State V. Depina, 245 A.3d 1222 (R.I. 2021), Christopher Minicucci
Roger Williams University Law Review
No abstract provided.
Joplin V. Cassin, 252 A.3d 271 (R.I. 2021), Julyssa Tavares
Joplin V. Cassin, 252 A.3d 271 (R.I. 2021), Julyssa Tavares
Roger Williams University Law Review
No abstract provided.
The Future Of Electronic Wills In Rhode Island After Covid-19, Crystal L. Collins.
The Future Of Electronic Wills In Rhode Island After Covid-19, Crystal L. Collins.
Roger Williams University Law Review
No abstract provided.
Aspen American Insurance Co. V. East Coast Precast & Rigging Llc Et Al., 252 A.3d 249 (R.I. 2021), Corey Sherman
Aspen American Insurance Co. V. East Coast Precast & Rigging Llc Et Al., 252 A.3d 249 (R.I. 2021), Corey Sherman
Roger Williams University Law Review
No abstract provided.
Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum
Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum
Roger Williams University Law Review
No abstract provided.
State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen
State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen
Roger Williams University Law Review
No abstract provided.
State V. Ricker, 252 A.3d 721 (R.I. 2021), Victor M.P. Vieira
State V. Ricker, 252 A.3d 721 (R.I. 2021), Victor M.P. Vieira
Roger Williams University Law Review
No abstract provided.
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii
The Color Of Local Government: Observations Of A Brown Buffalo On Racial Impact Statements In The Movement For Water Justice, Tom I. Romero Ii
Scholarly Works
This Article advocates for the adoption of racial impact statements ("RIS") in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and political water regimes. The Article then explores how water utilities could use RISs in the acquisition, treatment, and delivery of drinking water. If made a part of the everyday work of water utilities, RISs provide a useful tool to center the history and lived experiences of racially minoritized communities battling …
Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason
Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason
Oklahoma Law Review
No abstract provided.
Traumatic Justice, Teri Dobbins Baxter
Traumatic Justice, Teri Dobbins Baxter
University of Richmond Law Review
In the recent past, allegations of police misconduct have periodically led to widespread community protests, but usually only when the incident is sufficiently high-profile and the harm is severe, such as when a police officer beats or kills an unarmed Black person. More often the spotlight and outrage have faded quickly, as victims were discredited and no charges were brought, or no convictions obtained. But citizens have increasingly harnessed the power of cell phone videos and social media to bring attention to acts of racial violence and hold accountable those who are responsible, particularly in cases of alleged police misconduct. …