State and Local Government Law Commons^™

Children's Health Insurance Program: The Dynamics Of Federalism And Health Care Policy, Erik White

Political Science Theses and Capstones

On February 4^th, 2009, President Obama signed into law the reauthorization of the Children Health Insurance Program. The federal government will now spend 30 billion dollars towards the goal of ensuring that more children in the United States are insured. I investigate this particular health care policy and look at the different dynamics that affect the ultimate goal of universal health insurance for children. Because this program allows for state flexibility under broad federal guidelines, one is able to look at individual states, and their particular actions and characteristics, to determine the best approach to insuring the most …

A New Route To Medical Malpractice In North Carolina, Deanna Coleman

North Carolina Central Law Review

No abstract provided.

Being Green Doesn't Need To Be Taxing: How New York State Law Is A Vanguard For Using Green Infrastructure, Keith J. Jones

Pace Law Review

No abstract provided.

Returning To New Orleans: Reflections On The Post-Katrina Recovery, Disaster Relief, And The Struggle For Social Justice, Susan L. Waysdorf

University of the District of Columbia Law Review

No abstract provided.

A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin

University of the District of Columbia Law Review

Like Paris before the French Revolution, New Orleans is a city of extremes. Visitors from around the world visit "the Big Easy" to sip chicory coffee and eat beignets in the French Quarter, listen to some of the country's best music at the jazz festival, and join one of the world's most famous parties during Mardi Gras. When Hurricane Katrina struck New Orleans in August 2005, it exposed the soft underbelly of New Orleans-the other side of the city where thousands of people, mostly African Americans, live in pockets of concentrated poverty unable to escape the consequences of decades of …

Letter From The Editor-In-Chief, John Brian White

University of the District of Columbia Law Review

No abstract provided.

Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer

Faculty and Staff Scholarship

Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006.

Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments.

Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that …

Appeal No. 0807: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0809: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0805: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0806: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0808: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Bipartisan Redistricting, Senator R. Creigh Deeds

Richmond Journal of Law and the Public Interest

The redistricting of legislative lines, whether for the houses of the General Assembly or Virginia's congressional delegation, is currently riddled with partisan politics. It appears, however, that different political parties will control the two houses of the legislature during the next redistricting process for the first time in our Commonwealth's history. Whether this is to be the case for the redistricting of 2011 will be decided by future events, but currently Democrats control the State Senate and Republicans have a majority of the House of the Delegates. The next Governor will also play a significant role in redistricting. With no …

Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande

Buffalo Environmental Law Journal

No abstract provided.

Yes, I Destroyed The Evidence - Sue Me? Intentional Spoliation Of Evidence In Illinois, 27 J. Marshall J. Computer & Info. L. 235 (2009), Michael A. Zuckerman

UIC John Marshall Journal of Information Technology & Privacy Law

Many Illinois litigators have encountered spoliation of evidence, which is the loss, destruction, or alteration of evidence. Examples of spoliation are seemingly endless and include the failure to preserve the scene of a train derailment, the accidental destruction of evidence on a lawyer’s desk by a janitor, the loss of a heater that exploded, the removal of wires from a car that caught on fire, the loss and alteration of medical equipment, and the intentional erasing of a computer image relevant to a copyright lawsuit. To combat spoliation, Illinois and many other states have developed common law and statutory methods …

Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power

UIC Law Review

No abstract provided.

Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi

UIC Law Review

No abstract provided.

Ride At Your Own Risk: Bicyling And Government Tort Immunity In Illinois, 43 J. Marshall L. Rev. 293 (2009), John Ochoa

UIC Law Review

No abstract provided.

Taking Aim At The Virginia Triggerman Rule: A Commentary On House Bill 2358, Anisa Mohanty

Richmond Journal of Law and the Public Interest

This Comment will examine the legislative history of the triggerman rule in Virginia in Part I. Part II will explore the justifications and criticisms of an expansion to the triggerman rule. Part III will present a short study of American jurisprudence with respect to the death penalty and non-triggermen. Finally, Part IV will discuss the future implications for Virginia's criminal justice system if the expansion to the triggerman rule eventually becomes law.

Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Rebuilding The Public-Private City: Regulatory Taking's Anti-Subordination Insights For Eminent Domain And Redevelopment, Audrey Mcfarlane

All Faculty Scholarship

The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about Development. The core doctrinal issue presented by development is how can we acknowledge the subordination of citizens who happen to live in areas that are attractive to wealthier citizens. In particular, how should we address the political process failure reflected in the privatized methods of decisionmaking that typify redevelopment? The conceptual language and analytical construct for appropriately addressing these issues come from critical race theory …

Same-Sex Marriage In The Heartland: The Case For Legislative Minimalism In Crafting Religious Exemptions, Ian C. Bartrum

Michigan Law Review First Impressions

In Varnum v. Brien, decided April 3rd of this year, the Iowa Supreme Court unanimously struck down the state's statutory ban on same-sex marriage. In a remarkably clear and thoughtful opinion, Justice Mark Cady explored in depth the immutability of sexual identity and the appropriate standard of judicial review for legislative classifications based on sexual orientation-adopting (for now) an intermediate level of scrutiny. The decision marked the first significant legal victory for same-sex marriage outside of New England (with the exception of a short-term success in Hawaii), and served notice that the gay rights movement—once thought compelling only among northeastern …

When And How To Defer To The Fda: Learning From Michigan's Regulatory Compliance Defense, Jason C. Miller

Michigan Telecommunications & Technology Law Review

Michigan's regulatory compliance defense properly recognizes that an FDA-approved drug carrying an FDA-approved label should not be considered defective. However, the statute's absolute immunity provides no compensation for injured parties in any circumstance, including situations where the FDA process has failed. Nevertheless, it is possible to treat the FDA's approval as significant without eliminating the possibility of all state actions against drug makers by providing a litigation back-up through state attorneys general ("AGs"). This Note examines the question of FDA approval in state tort actions in Part I, discusses Michigan's answer to that question in Part II, and offers a …

From Warranted To Valuable Belief: Local Government, Climate Change, And Giving Up The Pickup To Save Bangladesh, Jerrold A. Long

Articles

Although the public discourse about efforts to address global climate change understandably focuses on national- and international-level efforts, in the United States much of the authority for regulating greenhouse gas emitting activities resides with state and local governments. Many local governments have initiated efforts to address global climate change in some fashion. But this article argues that there remains a disconnect between the local causes and global consequences of climate change sufficient to prevent the adoption of durable and effective local efforts to reduce greenhouse gas emissions. In other words, individuals remain largely unable to connect their personal decisions with …

Where Will You Go When The Well Runs Dry? Local Government Ownership And Water Allocation In North Carolina, Daniel F. Mclawhorn

Campbell Law Review

It is no simple task to determine who owns-or rather who does not own-the water in North Carolina's lakes, streams, and ponds. Those seeking to resolve conflicts involving water use invariably risk entanglement in a web of common law riparian rights and public trust assets loosely bound together by centuries-old court decisions and complex state and federal laws. The question of who owns water, particularly with regard to local governments, is clearly an area of increasing importance as North Carolina now sees an end to what once seemed its inexhaustible water bounty.

The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal

Journal Articles

The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …

Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson

Book Chapters

American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrange­ment is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environ­mental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example, should the …

Between A Rock And A Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, And Housing Discrimination, Rigel C. Oliveri

Faculty Publications

In the face of federal inability to effectively police our national borders and to remove unauthorized immigrants, many local governments have recently sought to take measures into their own hands by passing anti-illegal immigrant ("AII") ordinances. These ordinances usually contain a combination of provisions restricting housing, employment, and public benefits for unauthorized immigrants, among other things.This Article focuses on AII provisions that are targeted at private rental housing, which typically take the form of sanctions against landlords who rent to unauthorized immigrants.

Vagrants In Volvos: Ending Pretextual Traffic Stops And Consent Searches Of Vehicles In Illinois, 40 Loy. U. Chi. L.J. 745 (2009), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.