State and Local Government Law Commons^™

Lawyers, Judges, And The Public Interest, John M. Payne

Michigan Law Review

Chares Haar, the Louis D. Brandeis Professor of Law Emeritus at the Harvard Law School and a certified elder statesman of the housing and land-use community, was one of those scholar-politicians of the 1960s who spun out innovative theories in law reviews and then moved into government to see them applied. His generation inspired mine to pursue law as a means to serve the public interest. But the days of the Kennedy brothers' Camelot are long past. Today, big government and "big courts" alike are seen as parts of the problem. In the more austere political climate of the 1990s, …

Separation Of Powers In State Constitutional Law, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Appeal No. 0636: Halwell Company, Inc. (B T Energy, Inc.) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-168

Appeal No. 0644: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 98-1

Appeal No. 0625: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-103

Appeal No. 0643: Everflow Eastern, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 98-9

Appeal No. 0646: Lomak Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 98-18

Appeal No. 0645: Everflow Eastern, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 98-8

Appeal No. 0640: Halwell Company, Inc. (B T Energy, Inc.) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-168

Establishing The Biological Rights Doctrine To Protect Unwed Fathers In Contested Adoptions, Toni L. Craig

Florida State University Law Review

No abstract provided.

Statutory Privileges And Immunites For Voluntarily Performed Environmental Audits: Should New York State Join The Race?, Joan M. Fildes

Buffalo Environmental Law Journal

No abstract provided.

Congressional Alternatives In The Wake Of City Of Boerne V. Flores: The (Limited) Role Of Congress In Protecting Religious Freedom From State And Local Infringement, Daniel O. Conkle

University of Arkansas at Little Rock Law Review

No abstract provided.

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …

Local Government Anti-Discrimination Laws: Do They Make A Difference?, Chad A. Readler

University of Michigan Journal of Law Reform

During the past decade, local governments have expanded their role protecting individuals from discrimination in private employment. Although federal and state laws already protect individuals from employment discrimination based on race, sex, color, religion, national origin, age, and disability, local anti-discrimination ordinances protect an even wider range of characteristics such as sexual orientation, marital status, military status, and income level. The author details the results of a survey indicating that the agencies and dispute resolution processes mandated by local anti-discrimination ordinances are seldom used to protect this wider range of characteristics He argues that effective, uniform anti-discrimination protection should come …

Metropolitanism, Progressivism, And Race, Edward A. Zelinsky

Articles

Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land use authority of local governments be diminished through court-ordered zoning for low-income housing.

Professor Zelinsky is skeptical of these well-intentioned proposals. The metropolitan governments advocated by Rusk and Peirce would be less responsive than the smaller localities they would replace and less likely to …

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …

Oregon V. Elstad Revisited: Urging State Court Judges To Depart From The U.S. Supreme Court's Narrowing Of Miranda, Claudia R. Barbieri

University of the District of Columbia Law Review

Imagine an average young man on the threshold of adulthood, living in a medium-sized town in a middle-class family. Still in his early years, he gets into a little local trouble and one day finds the police at his door. They ask him questions about a burglary. He panics, and as he racks his brain for some scrap of legal knowledge that might get him out of this frightening situation, he admits that he knows about the crime, stating he was there. The police become more persistent, telling him they know about his involvement, asking him if he wants to …

Appeal No. 0639: Lomak Petroleum, Inc., Dba Lomak Operating Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-207

Appeal No. 0638: Lomak Petroleum, Inc., Dba Lomak Operating Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-206

Drainage Law And Liabilities, Oregon Law Institute, Timothy J. Sercombe, Richard M. Botteri, Christina M. Steensgaard, James R. Herald, Marnie Allen, Harvey W. Rogers

Oregon Law Institute, 1998

Course Materials from the March 13, 1998 Program in Portland

Appeal No. 0610: U.S. Fidelity & Guaranty V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-9

Appeal No. 0635: United States Fidelity & Guaranty Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-122

Virginia Supreme Court Endorses Medical Confidentiality Claim, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

The Constitution And Private Government: Toward The Recognition Of Constitutional Rights In Private Residential Communities Fifty Years After Marsh V. Alabama, Steven Siegel

William & Mary Bill of Rights Journal

This Article considers the application of the Supreme Court's state-action theory to residential commmunity associations (RCAs), a form of housing and community governance that has experienced extraordinary growth in recent years. Fewer than 500 RCAs were in existence in the United States before 1960. In the early 1990s, it was estimated that 32 million Americans lived in 150,000 RCAs. A continuing boom in RCA construction has led to predictions that twenty-five to thirty percent of Americans will be living in RCAs by early in the next century. Steven Siegel argues that this trend, although largely unnoticed, carries significant implications for …

Printz V. United States: Tenth Amendment Limitations On Federal Access To The Mechanisms Of State Government, Kevin Todd Butler

Mercer Law Review

In Printz v. United States, the Supreme Court addressed the Tenth Amendment's protection of state sovereignty, a significant issue in the contemporary debate on the nature of United States federalism. Striking a key provision of the Brady Handgun Violence Prevention Act ("Brady Act") as unconstitutional, the Court expanded Tenth Amendment limitations on the federal government's access to the mechanisms of state government. The Court decision implicated issues bearing on the commerce power and the power of Congress to enlist state compliance with federal policy objectives.

Appeal No. 0641: Boocor Producing V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-204

Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-61 & Chief's Order 97-1

Appeal No. 0618: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-78

Appeal No. 0634: Michael Schafer V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-159 (Everflow Eastern)