State and Local Government Law Commons^™

Recreation Programming Study: Prepared For The Town-School Coordination Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Town of Ipswich, acting for its Town-School Coordination Committee (the Committee) contracted with the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to conduct a preliminary assessment of the current recreation program offerings of the Town Recreation Department, the Ipswich School Department and the Ipswich YMCA to assist the Committee in discussing options to optimize programming. Project Leader for the assessment was Center Senior Associate Richard Kobayashi. Associate Chris Howell performed the on site work and was the principal author of the report. Specific objectives of the assessment included:

1. Identifying areas of programming …

The Least Of These: A Constitutional Challenge To North Carolina's Sexual Offender Laws And N.C. Gen. Stat. Sec. 14-208.18, Brian P. Livecchi

North Carolina Central Law Review

No abstract provided.

Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee

North Carolina Central Law Review

No abstract provided.

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …

Rhetorical Federalism: The Value Of State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard

Scholarly Works

This Article makes the affirmative case for the widespread trend of state resistance to the recently enacted, comprehensive federal health reform law, the Patient Protection and Affordable Care Act of 2010, or ACA. A significant number of states have engaged in various forms of objection to the new federal laws, including filing lawsuits against the federal government, enacting laws providing that ACA will not apply to residents of the state, and refusing to cooperate with implementing the new laws. This Article identifies reasons why those actions should not be disregarded simply as Tea Party antics or election-year gamesmanship but instead …

Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance, Hoseph #1D Well (Everflow Eastern Partners, L.P.)

Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-28

Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-27

Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-26

Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-25

Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus

Michigan Law Review First Impressions

The high profile cases Bilski v. Kappos and Association for Molecular Pathology v. United States Patent and Trademark Office have renewed public debate about the proper scope of patentable subject matter. The subject matter inquiry has traditionally been treated as a threshold inquiry in patent law, serving a gate-keeping function by defining the types of inventions that are eligible for patent protection. The Patent Office and courts have approached the subject matter inquiry both by determining whether an invention falls into a statutory category-processes, machines, manufactures, or compositions of matter-as well as by determining whether an invention falls into a …

Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow

Michigan Journal of Race and Law

Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help address …

Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15

Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard

Washington Law Review

Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …

Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard

Washington Law Review

Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …

Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard

Washington Law Review

Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …

Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-01

Symposium On Enforcing Constitutional Rights In The Twenty-First Century: Section 1983 Thirty Years After Owen, David J. Achtenberg

Faculty Works

In Owen v. City of Independence, the Supreme Court indicated that § 1983 would provide a path for all victims of civil rights violations would be able to get full compensation for their harm. However, the intervening decades saw that guarantee whittled away, as later decisions carved away the ability to recover under § 1983. The authors in this symposium discuss the challenges in enforcing constitutional rights in the twenty-first century legal environment and offers a solution.

Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz

University of Michigan Journal of Law Reform

Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …

Siting Transmission Lines In A Changed Milieu: Evolving Notions Of The "Public Interest" In Balancing State And Regional Considerations, Jim Rossi, Ashley C. Brown

Vanderbilt Law School Faculty Publications

This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a role for state regulators in a new energy economy in which renewable energy will play a significant role. The traditional approach to determining the "public interest" in siting transmission lines is well on its way to obsolescence. Two developments over the past fifteen years have begun to challenge this paradigm. First, policies at the federal level and in many states have encouraged increased competition …

Appeal No. 0823: Ohio Valley Energy Systems Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's April 21, 2010 Letter (Adams/Balough water supply)

State Constitutionalism And The Right To Health Care, Elizabeth Weeks Leonard

Scholarly Works

This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …

Appeal No. 0820: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0821: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0819: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0813: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management And James & Frances Mcgee, Ruth Cooper, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-17 (English #1 Well)

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

University of Michigan Journal of Law Reform

So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership.

This Article looks at state and local government law, and particularly at financing mechanisms created by state law …

Independent Information Technology Assessment: Prepared For The Town Of Middleborough And The Middleborough School Department, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This Independent Information Technology Assessment (IT Assessment) arose from long­standing concerns among various elected and appointed officials in the Town of Middleborough about the efficiency and effectiveness of the procurement and deployment of information technology (IT) in both the Town and in the School Department. At Middleborough’s direction, the IT Assessment specifically excluded the Police and Fire Departments as well as the Middleborough Gas and Electric Department.

Recognizing the need for a completely independent analysis of these issues, Middleborough contracted with the Edward J. Collins, Jr. Center for Public Management (the Collins Center), located within the McCormack Graduate School of …

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.

Analysis Of The Delivery Of Public Services On Martha's Vineyard: Prepared For The Martha's Vineyard Commission And The County Of Dukes County, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This report was commissioned by the Martha’s Vineyard Commission through the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston and was funded by the Massachusetts Department of Housing and Community Development – District Local Technical Assistance Program. The report was prepared and presented by The Executive Suite for an analysis of the delivery of public services on Martha’s Vineyard. The purpose of the analysis is -

1. Inventory what existing services are delivered at various levels of local and regional government; prepare a list of services that are presently delivered, or could be delivered, by …