State and Local Government Law Commons^™

New York's Statutory Bill Of Rights: A Constitutional Coelacanth, Robert Emery

Touro Law Review

No abstract provided.

More Than A Piece Of Paper: Same-Sex Parents And Their Adopted Children Are Entitled To Equal Protection In The Realm Of Birth Certificates, Shohreh Davoodi

Chicago-Kent Law Review

In Adar v. Smith, the Fifth Circuit held that Louisiana’s policy of refusing to issue accurate birth certificates to the children of out-of-state, same-sex adoptive parents does not deny those families equal protection of the law. This comment demonstrates that Louisiana’s policy does in fact violate the Equal Protection Clause. There are two ways Louisiana’s policy infringes on the rights of these families. First, the policy burdens fundamental rights stemming from the family autonomy of both parents and children. Second, the policy discriminates against out-of-state same-sex parents, treating them like second-class citizens. These concerns are strong enough that the …

Illinois Secure Choice Savings Program Act (Passed Jan. 4, 2015), Emily G. Brown Jd, Ellen Bruce Jd

Pension Action Center Publications

The Illinois Secure Choice Savings Program Act, passed on January 4, 2015, creates an automatic enrollment payroll deduction IRA. The purpose of the program is to promote increased retirement savings participation for employees in the private sector. This fact sheet answers some basic questions about how this new program will affect workers and their employers in Illinois.

More's The Pity: Patmore V. Town Of Chapel Hill And The Continuing Uncertainty Over North Carolina Judicial Construal Of Local Authority, Heyward Earnhardt

North Carolina Central Law Review

No abstract provided.

Under Scrutiny: Judicial Review, King Ex Rel. Harvey-Barrow V. Beaufort County Board Of Education, And The Fundamental Right To Education In The State Of North Carolina, Mary Jean Tkach

North Carolina Central Law Review

No abstract provided.

Governing Hydraulic Fracturing Through State-Local Dynamic Federalism: Lessons From A Florida Case Study, Courtney Walmer

Florida State University Law Review

No abstract provided.

Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo

Notre Dame Law Review Reflection

This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides. …

Time For An Update: A New Framework For Evaluating Chapter 9 Bankruptcies, Michael J. Deitch

Fordham Law Review

    Municipal bankruptcies have been making national news since the “Great Recession.” Municipalities like Stockton, Vallejo, and Jefferson County gained notoriety for the record scale of their bankruptcy filings, only to be surpassed by Detroit shortly thereafter as the largest and most populous municipal bankruptcy filing. Historically, municipal bankruptcy occurred infrequently, leaving the nuances of many critical issues, including insolvency, asset utilization, and good faith, unexplored in case law. For example, how should a bankruptcy court analyze Detroit’s cityowned art museum that houses billions of dollars of art when bondholders, pensioners, and other unsecured creditors have unpaid claims? And how should …

Perspectives - Cannon Design’S Open Hand Studio, James Hagy, Sahar Nikanjam

Rooftops Project

Not only can architects create great space, they can also inspire better connections between the built environment and the social sector. John Syvertsen, Chris Lambert, and Ashley Marsh talk with Sahar Nikanjam and Professor James Hagy of The Rooftops Project about their work with not-for-profit organizations through architectural firm Cannon Design’s Open Hand Studio initiative.

Professor Gerald Korngold On Conservation Easements, James Hagy, Katherine Disalvo, Naveed Fazal

Rooftops Project

The Rooftops Project’s Katherine DiSalvo and Naveed Fazal talk with New York Law School Professor and conservation easement scholar, Gerald Korngold.

Profiles - The Rubin Museum Of Art, James Hagy, Payal Thakkar

Rooftops Project

For over two centuries, New York City’s arts and culture have been enhanced by visionary founders of museums designed to house collections the founders themselves treasured. That tradition continues with the installation of a remarkable collection in the equally remarkable transformation of a former clothing store. The Rooftops Project’s Payal Thakkar and Professor James Hagy visit with Patrick Sears, Executive Director of The Rubin Museum of Art in New York City.

Profile - Human Rights Watch, James Hagy, Mehgan Gallagher

Rooftops Project

Rooftops Project Profile - Human Rights Watch - Every day, not-for-profit organizations face “stay or move” choices when they approach the end of their leases. Making predictions about space, and making space work, can be challenging. How did one such organization assess its choices as a tenant in one of the most iconic buildings in Manhattan? The Rooftops Project’s Mehgan Gallagher speaks with David Bragg at Human Rights Watch.

The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

University of Arkansas at Little Rock Law Review

No abstract provided.

Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone

The Journal of Appellate Practice and Process

No abstract provided.

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …

The New State Sovereignty Movement, Austin L. Raynor

Indiana Law Journal

In the past decade, states across the country have enacted a flood of legislation to resist perceived federal encroachments on their sovereignty. These opposition statutes assume a variety of forms: some, for instance, merely prohibit state officers from assisting in the enforcement of federal law, while others purport to nullify particular federal regulations. In the fields of controlled substances, immigration, and healthcare, among others, state acts of protest have stimulated the national debate and influenced legal obligations in important ways.

This Article provides the first comprehensive overview of this nascent state sovereignty movement. It categorizes opposition enactments according to the …

State-To-State Child Adoption Variations: A Political Culture Perspective, Erica Trabing

Political Science Theses and Capstones

The domestic adoption system throughout the United States has been complex yet crucial in starting millions of families over the years. About 7 million Americans are considered adopted persons, and as many as 100 million Americans have adoption in their immediate families. Though these numbers seem impressive, there are still 130,000 children in the U.S. foster care system waiting to be adopted. Adoptions in the US fall into one of three main categories. The first is adoption of children from the public foster care system, the second is adoption through private adoption agencies or independently, and the final category is …

The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper

Loyola of Los Angeles Law Review

Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

Articles

An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

Marijuana, Federal Power And The States, Jonathan H. Adler

Faculty Publications

It is not often that states affirmatively seek to legalize conduct prohibited by federal law. Rarer still do states seek to expressly authorize and affirmatively regulate commercial activities that remain subject to federal prohibition. Yet that is precisely what is occurring with marijuana. Indeed, what the federal government seeks to prohibit, many states hope to tax.

The insistence of multiple states on experimenting with various levels of marijuana decriminalization or legalization raises a host of important and difficult legal questions. To explore these questions, and the emerging landscape of marijuana law and policy, the Center for Business Law & Regulation …

Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash

Faculty Publications

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of attorneys …

Privacy Issues And The Paparazzi, Devan Orr

Library Staff Publications

In order to understand the current statutes and their implication for privacy issues, Part I explores the history of the paparazzi and their invasion into the lives and privacy of celebrities as a safety concern. Part II reviews the history of both California Penal Code 11414 and California Civil Code 1708.8. Part III examines the text of California Penal Code 11414 and California Civil Code 1708.7, 1708.8, and 1708.9, as amended by the three bills. Part IV analyzes how the statutes as amended interact with the common law torts of intrusion and trespass and discusses how the statutes interact with …

Mapping Coastal Risks And Social Vulnerability: Principles And Considerations, Shana Jones

Virginia Coastal Policy Center

No abstract provided.

Mapping Coastal Risks And Social Vulnerability: Current Tools And Legal Risks, Lisa Schiavinato, Heather Payne

Virginia Coastal Policy Center

No abstract provided.

State And Local Liability For Failure To Adapt To And Protect Against Recurrent Flooding: Applying Farmers Insurance's Legal Framework To Virginia Circumstances, James M. Andris Jr.

Virginia Coastal Policy Center

No abstract provided.

Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management And Open Space, Adele Young, Kristen Clark

Virginia Coastal Policy Center

No abstract provided.

Intrastate Interventions: The State Executive's Response To Local Nonenforcement, Rebecca D. Maller

Cardozo Law Review

No abstract provided.

Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell

University of the District of Columbia Law Review

Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …