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Articles 4141 - 4170 of 16687

Full-Text Articles in State and Local Government Law

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington Jan 2016

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

Articles

No abstract provided.

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Recent Developments: Sharp V. State: Despite Not Formally Objecting, Defense Counsel Properly Preserved The Issue Of Whether The Circuit Court Inappropriately Weighed Defendant's Decision Not To Plead Guilty At Sentencing; The Circuit Court Did Not Impermissibly Consider Defendant's Rejection Of The Plea Offer At Sentencing., Colin Campbell Jan 2016

Recent Developments: Sharp V. State: Despite Not Formally Objecting, Defense Counsel Properly Preserved The Issue Of Whether The Circuit Court Inappropriately Weighed Defendant's Decision Not To Plead Guilty At Sentencing; The Circuit Court Did Not Impermissibly Consider Defendant's Rejection Of The Plea Offer At Sentencing., Colin Campbell

University of Baltimore Law Forum

The Court of Appeals of Maryland held that defense counsel’s statements conveyed an objection to the circuit court’s perceived consideration of the defendant’s decision not to plead guilty at sentencing. Sharp v. State, 446 Md. 669, 113 A.3d 1089 (2016). As a result, the court held that defense counsel sufficiently preserved the issue for appellate review. Id. at 684, 113 A.3d at 1098. Ultimately, though, the circuit court’s statements at sentencing did not give rise to the inference of an impermissible consideration. Id. at 701, 113 A.3d at 1108.

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North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney Jan 2016

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.

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Franchise Law, Deborah S. Coldwell, Iris Gibson, Jamee Cotton, Lissette Villarruel, Sally Dahlstrom Jan 2016

Franchise Law, Deborah S. Coldwell, Iris Gibson, Jamee Cotton, Lissette Villarruel, Sally Dahlstrom

SMU Annual Texas Survey

No abstract provided.

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Front Matter Jan 2016

Front Matter

SMU Annual Texas Survey

No abstract provided.

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Alternative Dispute Resolution, Will Pryor Jan 2016

Alternative Dispute Resolution, Will Pryor

SMU Annual Texas Survey

No abstract provided.

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Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk Jan 2016

Intellectual Property Law, David L. Mccombs, Phillip B. Philbin, Ellie Simpson, Bethany Hrischuk

SMU Annual Texas Survey

No abstract provided.

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Taxation, Cynthia M. Ohlenforst, Sam Megally, William J. Ledoux, Reese Brammell Jan 2016

Taxation, Cynthia M. Ohlenforst, Sam Megally, William J. Ledoux, Reese Brammell

SMU Annual Texas Survey

No abstract provided.

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Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner Jan 2016

Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner

SMU Annual Texas Survey

No abstract provided.

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Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue Jan 2016

Public Access Vs. Private Property: The Struggle Of Coastal Landowners To Keep The Public Off Their Land, James D. Donahue

Loyola of Los Angeles Law Review

No abstract provided.

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Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church Jan 2016

Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church

Articles

This article explores the plight of “short stayers” and argues that juvenile courts are failing to use two tools—the federal reasonable efforts requirement and the early appointment of parents’ counsel—to prevent the unnecessary entry of children into foster care. The article also argues that states should give parents and children the right to an expedited appeal of removal decisions to ensure removal standards are properly applied. Finally, this article argues that the federal government must acknowledge the problem of short stayers by utilizing data related to children who may unnecessarily enter foster care in the Child and Family Services Review, …

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Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias Jan 2016

Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias

Law Faculty Publications

In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …

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On Family Law Localism: A Comment On Sean Hannon Williams's Sex In The City, Richard Briffault Jan 2016

On Family Law Localism: A Comment On Sean Hannon Williams's Sex In The City, Richard Briffault

Faculty Scholarship

In his Article “Sex in the City,” Professor Sean Hannon Williams addresses the problems of enormous trial court discretion and concomitant unpredictable and inconsistent decisions found in divorce cases by proposing that local governments adopt nonbinding “rules of thumb” that would guide judges in exercising that discretion with respect to issues such as child custody, property division, and income support. He contends that this proposal would fit within the existing legal framework of state-local relations and would advance the goals of both family law reform and local empowerment with respect to family issues. Specifically, he urges that local legislative action …

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Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii Jan 2016

Brief For Professor Walter Dellinger As Amicus Curiae In Support Of Petitioners, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

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Neighborhoods By Assessment: An Analysis Of Non-Ad Valorem Financing In California, Mathew D. Mccubbins, Ellen C. Seljan Jan 2016

Neighborhoods By Assessment: An Analysis Of Non-Ad Valorem Financing In California, Mathew D. Mccubbins, Ellen C. Seljan

Faculty Scholarship

Non-ad valorem assessments on property are a fiscal innovation born from financial stress. Unable to raise property taxes due to limitations, many localities have turned to these charges as an alternative method to fund local services. In this paper, we seek to explain differential levels of non-ad valorem assessment financing through the analysis of property tax records of a large and diverse set of single family homes in California. We theorize that assessments, as opposed to other forms of taxation, will be used when residents hold anti-redistributive preferences. We show that assessment financing is most common in cities with high …

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Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins Jan 2016

Marriage On The Ballot: An Analysis Of Same-Sex Marriage Referendums In North Carolina, Minnesota, And Washington During The 2012 Elections, Craig M. Burnett, Mathew D. Mccubbins

Faculty Scholarship

No abstract provided.

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Brief Of Amici Curiae Federal Courts Scholars And Southeastern Legal Foundation In Support Of Respondents, Kimberly S. Hermann, Ernest A. Young Jan 2016

Brief Of Amici Curiae Federal Courts Scholars And Southeastern Legal Foundation In Support Of Respondents, Kimberly S. Hermann, Ernest A. Young

Faculty Scholarship

No abstract provided.

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Public Engagement And Decision-Making: Moving Minnesota Forward To Dialogue And Deliberation, Lisa Blomgren Amsler, Tina Nabatchi Jan 2016

Public Engagement And Decision-Making: Moving Minnesota Forward To Dialogue And Deliberation, Lisa Blomgren Amsler, Tina Nabatchi

Mitchell Hamline Law Review

No abstract provided.

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Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens Jan 2016

Restore The Republic: The Incompatibility Between The Taxpayer's Bill Of Rights And The Guarantee Clause, Joshua Pens

University of Colorado Law Review

No abstract provided.

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Reclaiming The Right Of Beneficial Use, Abby Harder Jan 2016

Reclaiming The Right Of Beneficial Use, Abby Harder

University of Colorado Law Review

Under the doctrine of prior appropriation, those that divert and apply water resources to a beneficial use gain a future right of use. Further, individuals may contract with the federal Bureau of Reclamation (BOR) for the delivery of federal project water. Under either method, individuals are required to use their water appropriation for a beneficial purpose to acquire and maintain their rights of use. What constitutes a beneficial purpose or a beneficial use of water resources has traditionally been defined by state law. Following some states’ legalization of marijuana, the BOR announced a new policy with regard to water use, …

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Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo Jan 2016

Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.

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The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott Jan 2016

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott

St. Mary's Law Journal

When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …

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Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez Jan 2016

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.

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A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano Jan 2016

A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano

St. Mary's Law Journal

Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …

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The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler Jan 2016

The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler

St. Mary's Law Journal

Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …

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Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint Jan 2016

Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint

St. Mary's Law Journal

Abstract forthcoming.

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Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson Jan 2016

Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson

St. Mary's Law Journal

This Article delves into the evolution of Texas's interlocutory appeals statute with the related goals of tracing the expanding subject matter of interlocutory appeals and identifying what these changes reflect about legal priorities and developments in Texas since the late nineteenth century.

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National Conference On Copyright Of State Legal Materials, Roger V. Skalbeck Jan 2016

National Conference On Copyright Of State Legal Materials, Roger V. Skalbeck

Law Faculty Publications

A surge in legislation and the lawsuits on the copyright status of state legal materials raises concerns about principles of open government and free accessibility and use of these materials. On December 2, 2016, the American Association of Law Libraries (AALL) and Boston University School of Law are convening the National Conference of Copyright in State Legal Materials at BU Law. At this conference, all participants will be able to explore the issues surrounding state legal materials access through parallel goals of: Education, Inspiration, and Conversation.

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Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Jan 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.

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Out-Beale-Ing Beale, Carlos Manuel Vázquez Jan 2016

Out-Beale-Ing Beale, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In response to the 1991 Supreme Court decision resuscitating the presumption against extraterritoriality [hereinafter “PAE” or “presumption”], EEOC v. Arabian American Oil Co. (Aramco), Larry Kramer described the presumption as an anachronism—a throwback to the strict territorialist approach to choice of law that prevailed before the mid-Twentieth Century but has been mostly abandoned since then. The title of his scathing article, Vestiges of Beale, referred to Joseph Beale, the Harvard Law professor and reporter of the First Restatement of Conflict of Laws, whose since-discredited theories underlay that Restatement’s approach to choice of law. In the cases since Aramco …

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