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Full-Text Articles in State and Local Government Law

Local Land Use: Decision Expands Federal Government's Role, John R. Nolon Apr 2003

Local Land Use: Decision Expands Federal Government's Role, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The United States Environmental Protection Agency (EPA), pursuant to its authority under the Clean Water Act, has promulgated regulations creating the Storm Water Management Program. Contrary to the overall Clean Water Act scheme, which focuses on reducing pollution from point sources, the program has the objective of reducing non-point source water pollution. However, this program is not without controversy as heavy burdens are placed upon local governments, who themselves lack the financial resources, manpower, or technology to implement a complex federal system without federal or state assistance.


Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus Apr 2003

Voter Education: The Key To Election Reform Success Lessons From Florida, Susan A. Macmanus

University of Michigan Journal of Law Reform

Over a dozen national task forces and commissions have analyzed the 2000 presidential election and concluded that electoral system reforms are imperative not just in Florida, but nationwide. Among the common recommendations are elimination of punch card ballots, enhancement of registration procedures and outreach, provision of more accurate voter lists, clear delineation of appeals processes, establishment of voter rights and responsibilities, clarification of recount rules and procedures, securing of accessible polling places, better facilitation of voting and proper counting of absentee ballots, and ensuring provisional ballots available at each precinct. For these reforms to be most effective, the reports say, …


North Carolina Employment Case Law: Contract Principles Abandoned, Steven A. Mccloskey Apr 2003

North Carolina Employment Case Law: Contract Principles Abandoned, Steven A. Mccloskey

North Carolina Central Law Review

No abstract provided.


Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz Apr 2003

Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz

North Carolina Central Law Review

No abstract provided.


Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane Apr 2003

Local Economic Development Incentives In An Era Of Globalization: The Exploitation Of Decentralization And Mobility, Audrey Mcfarlane

All Faculty Scholarship

This essay discusses the dilemma corporate mobility through globalization presents for cities that are fixed geographically. Corporations seek and cities offer business incentives that with questionable benefits to local residents. The essay recommends that the local government dilemma and susceptibility to exploitation be acknowledged. While the essay recommends that cities seek to limit their efforts to be providers of local infrastructure (eg., roads, utilities, an educated workforce) it also recommends that the cities are incapable of addressing the corporate mobility issue on their own and are prone to continued exploitation.


Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin Apr 2003

Planning For Conflicts Of Interest In Land Use Decisionmaking: The Use Of Alternate Members Of Planning And Zoning Boards, Patricia E. Salkin

Scholarly Works

No abstract provided.


Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro Mar 2003

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro

University of the District of Columbia Law Review

No abstract provided.


A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr. Mar 2003

A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.

University of the District of Columbia Law Review

No abstract provided.


Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard Mar 2003

Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.


Border Crossings: The Impact Of Migration On The New Hampshire House Of Representatives, Michael E. Dupre, Dante Scala Mar 2003

Border Crossings: The Impact Of Migration On The New Hampshire House Of Representatives, Michael E. Dupre, Dante Scala

New England Journal of Public Policy

This paper studies the political effects of population migration to New Hampshire. Data suggest that, although migration from Massachusetts caused significant “suburbanization” effects in New Hampshire over the last four decades, demographic changes have not yielded commensurate changes in voting behavior, or party registration in the state. But the New Hampshire House of Representatives reveals more impact from the dramatic population increase. Population migration has led to suburbanization of the composition of the 400-member lower chamber. Citizen-legislators native-born to New Hampshire now compose just slightly over a third of the House, a proportion far lower than that in other New …


Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart Mar 2003

Popular Rogues: Citizen Opinion About Political Corruption, Darrell M. West, Katherine Stewart

New England Journal of Public Policy

Trust in the honesty of public officials is a crucial condition for stable democratic systems. Yet despite the presumed centrality of honesty in government, there has been a long tradition of “popular rogues” who are considered dishonest and corrupt, but retain popularity for their strong and effective leadership. In this paper, we look at the phenomenon of popular rogues using the case of the former Mayor Buddy Cianci of Providence, Rhode Island. With data from two statewide Rhode Island opinion surveys (one before the trial and the other at its end), we present a “teeter-totter” model of public opinion whereby …


May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg Mar 2003

May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg

Brigham Young University Journal of Public Law

No abstract provided.


New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown Mar 2003

New Federalism's Unanswered Question: Who Should Prosecute State And Local Officials For Political Corruption?, George D. Brown

Washington and Lee Law Review

No abstract provided.


Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon Mar 2003

Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon

Nevada Law Journal

No abstract provided.


The Ninth Circuit's Message To Nevada: You're Not Getting Any Younger, Kevin Beck Mar 2003

The Ninth Circuit's Message To Nevada: You're Not Getting Any Younger, Kevin Beck

Nevada Law Journal

Most essentially, federal and state courts are complementary systems for administering justice in our Nation. Cooperation and comity, not competition and conflict, are essential to the federal design. A State's dignitary interest bears consideration when a district court exercises discretion in a case of this order." This passage penned by Justice Ginsberg recognizes the need for cooperation and comity between state and federal courts. These ideals are deeply imperiled when a federal court exercises its equitable discretion to enjoin ongoing state proceedings. The Supreme Court sought to protect the state judiciary from unnecessary federal court intervention in Younger v. Harris …


Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon Feb 2003

Open Meetings: Land Use Mediation And The Public's Right To Know, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Great uncertainty surrounds the New York Open Meetings Law (OML), a law that permits the public to attend meetings of public bodies. Obviously, the OML becomes especially crucial in the area of land use where public governmental meetings are the norm, and conflicts usually involve several interested parties. This article delves into OML issues such as, what constitutes a public meeting, and the importance of having meetings open to the public.


Intergovernmental Cooperation, Metropolitan Equity, And The New Regionalism, Laurie Reynolds Feb 2003

Intergovernmental Cooperation, Metropolitan Equity, And The New Regionalism, Laurie Reynolds

Washington Law Review

The economic gap between affluent suburbia and the urban core has recently received widespread attention among state and local government law scholars. Although the underlying normative arguments rest on very different rationales, scholars with a wide range of doctrinal approaches appear to have formed a consensus that the current concentration of wealth and resources in metropolitan areas is unacceptable. Their common goal of reducing regional disparities has made the scholarly dialogue a dispute over how, rather than whether, to achieve a better distribution. For many of what can be described as the "New Regionalist" scholars, voluntary intergovernmental cooperative efforts may …


Illinois Construction Negligence, Post-Structural Work Act: The Need For A Clear Legislative Mandate, 36 J. Marshall L. Rev. 531 (2003), Peter Puchalski Jan 2003

Illinois Construction Negligence, Post-Structural Work Act: The Need For A Clear Legislative Mandate, 36 J. Marshall L. Rev. 531 (2003), Peter Puchalski

UIC Law Review

No abstract provided.


The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover Jan 2003

The Twenty-Eighth Amendment: Why The Constitution Should Be Amended To Grant Congress The Power To Legislate In Furtherance Of The General Welfare, 36 J. Marshall L. Rev. 327 (2003), Casey L. Westover

UIC Law Review

No abstract provided.


A Changing World: A Commercial Landlord's Duty To Prevent Terrorist Attacks In Post-September 11th America, 36 J. Marshall L. Rev. 669 (2003), Thomas C. Homburger, Timothy J. Grant Jan 2003

A Changing World: A Commercial Landlord's Duty To Prevent Terrorist Attacks In Post-September 11th America, 36 J. Marshall L. Rev. 669 (2003), Thomas C. Homburger, Timothy J. Grant

UIC Law Review

No abstract provided.


Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor Jan 2003

Back To Basics: A Call To Reevalute The Unemployment Insurance Disqualification For Misconduct, 37 J. Marshall L. Rev. 27 (2003), Lisa Lawler Graditor

UIC Law Review

No abstract provided.


Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman Jan 2003

Freedom Of Discrimination?:The Conflict Between Public Accommodations' Freedom Association And State Anti-Discrimination Laws, 37 J. Marshall L. Rev. 125 (2003), Gregory J. Wartman

UIC Law Review

No abstract provided.


The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind Jan 2003

The Quandary Of Megan's Law: When The Child Sex Offender Is A Child, 37 J. Marshall L. Rev. 73 (2003), Timothy E. Wind

UIC Law Review

No abstract provided.


Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon Jan 2003

Golden And Its Emanations: The Surprising Origins Of Smart Growth, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article provides the background for the adoption of the Ramapo ordinance, explains its precocious inventions in some detail, and describes other dramatic local inventions emanating from the Ramapo approach to smart growth. It ends with a reflection on the Quiet Revolution, the continuing disquiet that accompanies the spectacular smart growth inventions of local governments in this country, and modest recommendations for reform. Along the way, the reader will encounter the rebirth of performance zoning, local environmental laws that protect critical environmental resources, a local abandoned property reclamation act, the use of mediation to solve border wars between localities, an …


Products Liability Harmonization: A Uniform Standard, Rebecca Korzec Jan 2003

Products Liability Harmonization: A Uniform Standard, Rebecca Korzec

All Faculty Scholarship

Among industrialized nations, the United States is unique in addressing tort law at the state rather than the national level. For example, Australia and Canada, which share a common-law heritage with the United States, have federal tort systems. The United States approach may be appropriate in some tort settings, such as in the premises liability or motor vehicle accident context (not involving a claim of products liability), where the state rule’s impact remains within that state’s geographical boundaries. Unlike the simple 'fender-bender', which occurs within the borders of one state, the typical product is manufactured and marketed nationally or internationally. …


The Maryland Survey: 2001-2002 Jan 2003

The Maryland Survey: 2001-2002

Maryland Law Review

No abstract provided.


From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton Jan 2003

From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton

Michigan Journal of Gender & Law

In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …


Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright Jan 2003

Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright

Michigan Journal of Gender & Law

Part I of this article discusses public policy rationales behind covenant marriage legislation, describes relevant aspects of Louisiana's legislation, and summarizes the efforts of other states to enact covenant marriage legislation. Part II discusses methods of data collection and analysis and identifies the demographic characteristics of covenant married couples as opposed to standard married couples in Louisiana. Part III addresses the dynamics behind couples' choice to have a covenant versus standard marriage. Part IV is an analysis of couples' satisfaction with their marriage option and the gendered dynamics of different levels of satisfaction with the marital choice.


Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold Jan 2003

Why Are Victims Of Domestic Violence Still Dying At The Hands Of Their Abusers? Filling The Gap In State Domestic Violence Gun Laws, Sharon L. Gold

Kentucky Law Journal

No abstract provided.


Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer Jan 2003

Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.