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Full-Text Articles in State and Local Government Law

The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa Jan 2014

The United Nations Watercourses Convention On The Dawn Of Entry Into Force, Ryan Stoa

Faculty Publications

The United Nations Watercourses Convention entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management capable of promoting cooperation and regional agreements. Despite entry into force, however, global support for the Watercourses Convention is weak, concurrent efforts to develop treaty regimes governing water resources create competition for resources and may obscure understandings of international water law, and the foundational principles of the Watercourses Convention remain ambiguous. These limitations are illustrated in …

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Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa Jan 2014

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Faculty Publications

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision-makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological (not political) boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. But with the stakes so high, Florida’s water management districts are at the center of a broader fight for control of water resources. In particular, transboundary water conflicts, political pressure, and ecological needs show …

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Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley Jan 2014

Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

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Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen Jan 2014

Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen

Scholarly Works

Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. New York City has done substantially more than many other cities, including, critically, setting specific CO2 emissions reduction targets and amending zoning and building codes. But, in light of the evidence of climate change and its impacts, local decision makers, resource managers, and planners throughout the state must ask whether we are doing enough. Failure to do so will continue to be costly in terms …

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The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin Jan 2014

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

Scholarly Works

Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment …

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Recent Developments In Land Use Ethics, Patricia E. Salkin Jan 2014

Recent Developments In Land Use Ethics, Patricia E. Salkin

Scholarly Works

Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.

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Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders Jan 2014

Mini-Domas As Political Process Failures: The Case For Heightened Scrutiny Of State Anti-Gay Marriage Amendments, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

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Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts, Patricia E. Salkin Jan 2014

Municipal Attorneys Can Find Answers In The Newly Released Third Edition Of Commercial Litigation In New York State Courts, Patricia E. Salkin

Scholarly Works

This article contains a book review of the newest edition of Commercial Litigation in New York State Courts (West), edited by former New York County Lawyers President Robert Haig of Kelley Drye & Warren LLP. The author of this book review details why this treatise is an invaluable addition, not for the library shelf, but for prime desk space on the busy working lawyer’s desk. The author further notes that while the most recent edition of the treatise has been widely reviewed statewide, prior to this book review there has been little, if any, attention to the value of the …

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Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton Jan 2014

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Georgia Law Review

Car crashes kill more teens each year than any other cause, and of the crashes in which they are involved, teens are overwhelmingly at fault. Teens crash at rates far higher than those of older drivers, and the younger the teen driver, the higher the risk-sixteen-year-old drivers have crash rates 250% higher than those of eighteen-year- olds. Driving experience does not explain the difference; younger beginners crash at rates higher than those of older beginners. Instead, younger teens' increased crash risk results primarily from immature regulatory competence. In other words, the capacities required for driving competence are still immature in …

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The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks, Davis S. Popper Jan 2014

The Plaintiffs Keep Getting Richer, The Manufacturers Just Stay Poor: Design Defect Litigation In Georgia Post-Banks, Davis S. Popper

Georgia Law Review

How much proof of a reasonable alternative design is necessary to survive a claim for defective design and when should proof of a reasonable alternative design be denied as irrelevant to claims pertaining to products that exhibit open and obvious dangers? Design defect litigation is particularly important because it involves claims that take entire product lines out of the market and cost manufacturers exorbitant losses and expose them to steep damages. In these cases, plaintiffs often suffer life- changing injuries or death. In this Note, I provide a history of design defect litigation in the United States. In particular,I focus …

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Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger Jan 2014

Solving The Cso Conundrum: Green Infrastructure And The Unfulfilled Promise Of Federal-Municipal Cooperation, Casswell F. Holloway, Carter H. Strickland Jr., Michael B. Gerrard, Daniel M. Firger

Faculty Scholarship

Faced with mounting infrastructure construction costs and more frequent and severe weather events due to climate change, cities across the country are managing the water pollution challenges of stormwater runoff and combined sewer overflows through new and innovative "green infrastructure" mechanisms that mimic, maintain, or restore natural hydrological features in the urban landscape. When utilized properly, such mechanisms can obviate the need for more expensive pipes, storage facilities, and other traditional "grey infrastructure" features, so named to acknowledge the vast amounts of concrete and other materials with high embedded energy necessary in their construction. Green infrastructure can also provide substantial …

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Trusting The Courts: Redressing The State Court Funding Crisis, Michael J. Graetz Jan 2014

Trusting The Courts: Redressing The State Court Funding Crisis, Michael J. Graetz

Faculty Scholarship

In recent years, state courts have suffered serious funding reductions that have threatened their ability to resolve criminal and civil cases in a timely fashion. Proposals for addressing this state court funding crisis have emphasized public education and the creation of coalitions to influence state legislatures. These strategies are unlikely to succeed, however, and new institutional arrangements are necessary. Dedicated state trust funds using specific state revenue sources to fund courts offer the most promise for adequate and stable state court funding.

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Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando Dec 2013

Art Or Signage?: The Regulation Of Outdoor Murals And The First Amendment, Christina Chloe Orlando

Cardozo Law Review

No abstract provided.

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Local Government Law, Kirk Fjelstul Dec 2013

Local Government Law, Kirk Fjelstul

Mercer Law Review

This Article reviews Georgia appellate decisions presenting new or instructive issues related to local government law during the survey period from June 1, 2012 to May 31, 2013.

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State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim Nov 2013

State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim

Seattle University Law Review

Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …

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The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski Nov 2013

The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski

Notre Dame Law Review

This Note will proceed in four parts. Part I will catalogue the jurisprudential and philosophical conflict over the legitimacy of morals legislation. Part II will examine the Supreme Court’s jurisprudence regarding reproductive and sexual liberty, noting the trend towards conflating liberty with autonomy that culminated in Lawrence v. Texas. Part III will closely scrutinize the characterization of liberty in Lawrence, demonstrating that it is restricted by associational and spatial limitations. Part IV will connect those limitations to the description of dignity Justice Kennedy employed in Lawrence and in other cases. This conception of dignity embodies substantive values concerning the appropriate …

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Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis Nov 2013

Electoral Competition In Connecticut's State House Races: The Trial Run Of The Citizens' Election Program, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

The Citizens Election Fund, Connecticut's version of a clean elections law, was established in 2005 in the wake of the corruption scandal during the administration of Governor John Rowland. Modeled after the public financing systems of Maine and Arizona, Connecticut's law has been touted as the most comprehensive in the nation. This paper will address whether the introduction of the Citizens' Election Program has increased the level of electoral competition by specifically focusing on state house seats in Connecticut during the 2008 and 2010 election cycles. Contestation for seats in the Connecticut General Assembly is a particularly salient issue due …

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Taxation, Craig D. Bell Nov 2013

Taxation, Craig D. Bell

University of Richmond Law Review

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.

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Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough Nov 2013

Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

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Nonsuit In Virginia Civil Trials, Richard G. Moore Nov 2013

Nonsuit In Virginia Civil Trials, Richard G. Moore

University of Richmond Law Review

No abstract provided.

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Commonwealth And Constitution, Robert S. Claiborne Jr. Nov 2013

Commonwealth And Constitution, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.

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Issue 1: Annual Survey 2013 Table Of Contents Nov 2013

Issue 1: Annual Survey 2013 Table Of Contents

University of Richmond Law Review

No abstract provided.

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Preface, Christopher W. Bascom Nov 2013

Preface, Christopher W. Bascom

University of Richmond Law Review

No abstract provided.

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Appeal No. 0850: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2013

Appeal No. 0850: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-79

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Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris Oct 2013

Could A State-Level Carbon Tax Work In The Intermountain West?, Adele C. Morris

Brookings Scholar Lecture Series

With the U.S. federal government stuck in partisan gridlock, attention increasingly turns to states and localities for innovative climate solutions. This talk will explore the option for Intermountain West states to tax carbon, including how they could establish a tax base, set price signals, and manage revenue. The presentation will pay special attention to the option of “swapping” a carbon tax for revenue sources that more negatively impact economic growth, such as taxes on business activity. This research will explore the advantages and disadvantages of different approaches and consider the issue of the burdens on lower income households and certain …

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The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad Oct 2013

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

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Reflections On The State As Fiduciary, Andrew S. Gold Oct 2013

Reflections On The State As Fiduciary, Andrew S. Gold

Faculty Scholarship

No abstract provided.

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Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner Oct 2013

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner

North Carolina Central Law Review

No abstract provided.

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End Of The Chase: Using North Carolina As A Guide For Ending Other States' Video Sweepstakes Legislative Merry-Go-Round In The Wake Of Hest Technologies V. North Carolina, Wesley Ryan Shelley Oct 2013

End Of The Chase: Using North Carolina As A Guide For Ending Other States' Video Sweepstakes Legislative Merry-Go-Round In The Wake Of Hest Technologies V. North Carolina, Wesley Ryan Shelley

North Carolina Central Law Review

No abstract provided.

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The Latest Red River Rivalry: The Supreme Court's Recent Decision Regarding The Red River Compact, Luke W. Davis, Gabriel Eckstein Oct 2013

The Latest Red River Rivalry: The Supreme Court's Recent Decision Regarding The Red River Compact, Luke W. Davis, Gabriel Eckstein

Faculty Scholarship

On June 13, 2013, the United States Supreme Court issued a unanimous decision in a “Red River Rivalry” with much greater implications than the annual football game. In Tarrant Regional Water District v. Herrmann, the court sided entirely with Oklahoma in that state’s dispute with Texas over the allocation of Red River water. This decision will have considerable impact on Texas’ ability to meet its ever-growing water needs. Moreover, the decision could be consequential for other interstate water compacts and the states relying on the rivers and tributaries governed by those agreements.

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