State and Local Government Law Commons^™

Law School News: Meet Maine's New Ag, Aaron Frey '08 01-11-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Boston's New Da Will Deliver Mlk Address 01-10-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein

Law School Blogs

No abstract provided.

Reds Among The Cream And Crimson, Kelly Kish

Historic Documents

What happened when three IU law professors were accused of harboring Communist sympathies in 1946.

Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.

Will The Supreme Court Rein In “Excessive Fines” And Forfeitures? Don’T Rely On Timbs V. Indiana, Nora V. Demleitner

Scholarly Articles

The U.S. Supreme Court’s decision in Timbs v. Indiana buoyed the hopes of those who saw it as a powerful signal to states and municipalities to rein in excessive fines and forfeitures. One commentator deemed it “a blow to state and local governments, for whom fines and forfeitures have become an important source of funds.” That may have been an overstatement. The Court seems disinclined to fill the term proportionality with robust meaning or wrestle with Eighth Amendment challenges to fines and fees. Those steps would be required for the Excessive Fines Clause to function as an effective backstop against …

Recent Developments: In Re Adoption/Guardianship Of H.W, Harry Smoots

University of Baltimore Law Forum

No abstract provided.

The Consumer Healthcare Data Market: Redefining Healthcare Mergers Through The Linked Consumer Retail Data And Health Insurance Markets, Thaddeus Sheehy Jr.

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State V. Thomas, Katherine Burgess

University of Baltimore Law Forum

No abstract provided.

Rescuing Maryland Tort Law: A Tribute To Judge Sally Adkins, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Mandatory Paid Vacation And Mental Health Leave For All Employees: Better For The Economy, Employers And Employees, Abigail Mansfield

University of Baltimore Law Forum

No abstract provided.

Antitrust And Consumer Protection, Leslie Sara Hyman, Matthew J. Mcgowan

Student Scholarship

Consumer welfare is the common concern of the antitrust laws, the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA), the Texas Insurance Code (TIC), and various other statutes prohibiting fraudulent conduct in dealing with consumers. Antitrust laws, however, primarily address the misuse of market power to harm consumers, while anti-deception statutes focus on consumer harm brought about through

deception and a litany of other unlawful practices. The antitrust laws and the anti-fraud statutory schemes therefore are best viewed as focusing on complementary aspects of consumer welfare.

This article covers significant developments under federal and Texas antitrust laws and consumer protection laws …

Senate Bill 4: Police Officer's Opinions On Texas's Ban Of Sanctuary Cities, Megan E. Reed

Student Scholarship

For this Article, the Author interviewed six local law enforcement agencies in Texas regarding SB4. Based on those interviews and other research, this Article concludes that SB4 likely does not uproot and change Texas policing practices and asserts that SB4 may in fact be highly ineffective at improving resident safety, which was Texas lawmakers’ stated purpose for SB4. SB4 continues to have far reaching impacts, including concerns of racial profiling, victims and witnesses refusing to come forward due to fears of deportation, and damage to police officers’ reputations. Further, while some local law enforcement agencies claim they will not have …

Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli

Articles

This Article uses New Hampshire v. Lilley, a case recently decided by the New Hampshire Supreme Court, as a starting point for an equal protection analysis of indecent exposure laws that distinguish between women and men. After discussing contemporary equal protection jurisprudence and historicizing these laws, this Article uses the film theorist Laura Mulvey's concept of the "male gaze" to demonstrate how overbroad generalizations about sex and sexuality serve as the foundation for this legal distinction. This Article concludes by emphasizing that municipalities and states may continue to enact and enforce indecent exposure laws that reflect community standards, so …

Wrong Price, Wrong Prescription: Why Maryland’S Generic Drug Law Was Not Enough To Effect Change In Rising Prescription Drug Prices, Mario B. Davis

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Krantz V. State, Abigail Mansfield

University of Baltimore Law Forum

No abstract provided.

State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Angela O'Hara, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Recent Developments: Calvo V. Montgomery County: The Decision Of Whether A Trip Falls Under The Special Mission Exception To The Going And Coming Rule Is For The Jury, Not Summary Judgment, Adrián Martinez

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Ramirez V. State, Eunice Ahaghotu

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Romero V. Perez, Morgan Lynch

University of Baltimore Law Forum

No abstract provided.

Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino

St. Thomas Law Review

This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.

Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez

St. Thomas Law Review

This Comment discusses how amending Florida Senate Bill 896 ("S.B. 896") to incorporate more specific language regarding who can consent to electronic monitoring devices in the residents' rooms will help it pass and become part of Section 400.022, Florida Statutes." Part II will examine the current law in Florida and the attempts to amend it. Part III will explain that allowing electronic monitoring devices is in the best interest of both the resident and the nursing home, and will touch upon issues regarding expectations of privacy." Lastly, Part IV proposes to change the language of S.B. 896 so that it …

The Maryland Trust Act: The Fate Of The Unknowledgeable Beneficiary, Fred Franke, Deb Howe

University of Baltimore Law Forum

When adopting its version of the Uniform Trust Code (the "UTC"), Maryland

made two modifications to the UTC that potentially reduced the ability of trust

beneficiaries to enforce their rights. First, the Maryland Trust Act ("MTA")

did not include the UTC requirement that a trustee shall keep beneficiaries

reasonably informed about the administration of the trust and of material facts

necessary to protect their interests regardless of whether the beneficiary

requests such information. Second, Maryland added to the “virtual

representation” provisions of the MTA that a settlor can designate a

representative regardless of the beneficiary's age or capacity to receive …

Recent Developments: Prince V. Murdy, Sean T. Keene

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum, Volume 50, Number 1 (Fall 2019)

University of Baltimore Law Forum

No abstract provided.