State and Local Government Law Commons^™

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Public Private Partnership (Ppp) Method: Insights From The Arab Region Context In General And Dubai Market In Particular, Rita Waked

Proche-Orient, Études juridiques

The Public Private Partnership (PPP) as a form of association involving a public entity and a private person has become a global innovative trend for governments seeking to finance their infrastructure, and has gradually established itself as a driving force of the economic recovery in the aftermath of the COVID-19 pandemic. This article examines the PPP’s main features and the pillar of its success, at a time where it is experiencing a resurgence of interest in Arab countries, and in particular in Dubai where the adoption in 2015 of a PPP law reflects the Emirate’s consciousness of the importance of …

Looking For Loopholes: Are Suicide Notes Really Admissible As Dying Declarations?, Marc D. Ginsberg, Hugh M. Mundy

Cleveland State Law Review

The “classic” dying declaration under Federal Rule of Evidence 804(b)(2) is made by a person near death from fatal wounds or illness who makes a statement to a third party about who inflicted the wounds or caused the illness. The rule is based on the belief that persons making such statements are unlikely to lie as the sense of impending death removes “all temptation to falsehood.” Thus, in theory, the dying declaration bears an imprimatur of trustworthiness justifying its admission as a hearsay exception.

Still, the exception for dying declarations has been described as “the most mystical in its theory …

Dignity For The Deceased: The Abolition Solution To The Laws Governing Unclaimed Body Donation, Lauren Bayerl

Cleveland State Law Review

This Note explores the dangers bubbling under the surface of body donation law across the United States. Specifically, this Note investigates the little-known contours of Ohio law that open the door for body donation practices that may bypass an individual’s consent. While data is slim on the real-world outcomes that such quirks in state law have produced, a recent news story out of Texas highlights the very real danger that the structure of these state body donation laws can produce. This Note first details the laws in place in Ohio that govern body donation, using one state’s laws as a …

Ad Astra: Now Is The Time To Allow States To Claim Territory In Space, John Swansinger

Cleveland State Law Review

The Outer Space Treaty is based on the idealistic principle that space is the common heritage of mankind and prohibits the acquisition of territory by states in space. However, as space becomes increasingly accessible, this principle has come under threat. Private actors and more developed states are far more capable of accessing space than less developed states. Accordingly, these developments have threatened the basic ideals of the Outer Space Treaty that a vast majority of states have agreed to. This Note will introduce and explore the background and development of the Outer Space Treaty to explain these idealistic principles and …

A Pervasive Principle And A Proposal For Postconviction Procedures: Res Judicata, Pro Se Petitions, And A Defendant's Right To Counsel In Ohio, Lila Robinson

Cleveland State Law Review

“A postconviction petition is very difficult to win.” This is especially true in Ohio. Many postconviction petitions are submitted by incarcerated pro se petitioners who draft and file petitions without the assistance of counsel, leaving the doctrine of res judicata free to overwhelm their claims and inhibit future relief. The American Bar Association advises states to impose a right to counsel in postconviction proceedings, and specifically at the early drafting and filing phase of postconviction litigation, to help remedy this issue. Ohio does not follow this suggestion. As a result, petitioners with valid claims of innocence or manifest injustice are …

Socio-Legal Framework For Vulnerability: Using Public-Private Partnerships As A Tool For Disaster Management, Latisha Nixon-Jones

Pepperdine Law Review

As disasters continue to grow in size and intensity, the question arises: can governments effectively meet local and regional disaster response and recovery needs? This Article examines the history of utilizing public-private partnerships (PPPs) to enhance government functions in disaster management. The primary objective of this Article is to assess whether involving private entities in governmental roles is an effective strategy for building resilient communities and ensuring public safety, particularly for vulnerable populations. Existing literature focuses on the financial and logistical aspects of PPPs with mere mentions of legal importance. To address these failures, this Article proposes a novel socio-legal …

Species Of State Constitutional Lockstepping, Michael L. Smith

Villanova Law Review (1956 - )

No abstract provided.

Appeal No. 1046: David & Kathryn Belknap, Et Al. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2025-123

Appeal No. 1055: City Of Marietta. V. Division Of Oil & Gas Resources Management And Deeprock Disposal Solutions, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Steph #1 Well Permit

Appeal No. 1056: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-276 and 2025-320

Appeal No. 1057: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-276 and 2025-320

Individualized Cannabis Reparations, Scott Bloomberg

Texas A&M Law Review

This Article makes an argument that should be obvious. The best way for governments to right the wrongs of cannabis prohibition is to give money to people with cannabis offenses. Nonetheless, this straightforward reform has been consistently overlooked, dismissed, or minimized by policymakers and scholars alike, eschewed in favor of other social equity programs that do not right those wrongs nearly as effectively. Governments have indeed invested hundreds of millions of cannabis tax dollars in social equity licensing programs and community reinvestment initiatives. These programs—while often worthwhile—do not benefit the vast majority of people with past cannabis offenses.

Governments should …

The Unexplored Future Of State Copyrights And Patents In Ai-Generated Creations, Timothy J. Mcfarlin

Texas A&M Law Review

This is the first article to broadly explore the possibility of state copyrights and patents in AI-generated creations and what it could portend for the future of intellectual property law.

The U.S. Constitution delegates to Congress, via Article I, the power to pass laws “securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” It reserves to the states or to the people, via the Tenth Amendment, certain unspecified powers not delegated to the federal government. These could include the power to recognize exclusive rights in “writings and discoveries” generated by artificially intelligent …

Disproportionate Influence: Rethinking Control In American Corporate Governance, Dhruv Aggarwal, Ofer Eldar

Northwestern University Law Review

Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning well short of a majority of shares. Founder-CEOs, through personal brands or dual-class voting structures, control firms despite having minority stakes; activist hedge funds, with single-digit holdings, press for major governance changes. We argue that these two types of shareholders, often treated as opposites, both dominate corporations through disproportionate influence rather than majority ownership. We describe these investors who dictate corporate policy through disproportionate influence as high-influence shareholders.

Delaware’s doctrinal response to high-influence shareholders has been inconsistent, …

What The Free-Roaming Cats Dragged In: Regulatory Concerns With Privatized Local Services, Jonathan Korger

Northwestern University Law Review

The United States entrusts local governments to provide citizens with a wide range of public services, and animal control makes up a small but essential piece of these local responsibilities. In recent years, American localities have largely privatized how they manage the nation’s growing free-roaming cat population, relying primarily on animal-loving volunteers and a controversial practice called trap-neuter-return (TNR). Academics have long debated the merits of privatization, but TNR raises a novel question: how should local governments think about regulating a privatized public service when altruism, instead of profits, motivates the service deliverer? This Note argues that TNR demonstrates the …

Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan

Life of the Law School (1993- )

No abstract provided.

Correcting Confusion Over Commandeering, Supremacy, And Preemption: A User’S Guide To Modern Federalism, Vikram David Amar

Pepperdine Law Review

Current disputes between state/local entities and the Trump administration, some of which build on flare-ups over the past few decades, place in sharp relief the key doctrinal features of modern federalism, many of which seem to confound the Supreme and lower courts, to say nothing of political actors and legal analysts. The mistakes being made run in both directions; sometimes states are wrongly confined, and in other episodes states are given (or are seeking) more than they are constitutionally due. In this Essay, I use several case studies—some from recent weeks or months and others from recent years or decades—to …

Appeal No. 1029: Appalachia Minerals, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-20

Appeal No. 1036: G & M Smith Family, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-287

Appeal No. 1058: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338

Appeal No. 1059: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338

Appeal No. 1060: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338

Appeal No. 1031: Mason Drilling, Inc.. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order No. 2024-73

Appeal No. 1061: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338

Minimal Success: The Consequences Of Mandatory Minimums In Youth Sentencing, Maya Chrobot

Fordham Law Review

In New York State, children as young as thirteen can be processed as adults and sentenced to mandatory minimum sentences. Mandatory minimum sentences require judges to sentence the defendant to a statutorily set minimum term of imprisonment. Practitioners, judges, and researchers question the efficacy of mandatory minimum sentences, finding that they are ineffective at deterring crime, decreasing bias in sentencing, and increasing community safety. Additionally, there is clear evidence about the damaging effects of incarceration on young adults. Instead of functioning as rehabilitative punishment, incarceration leads young adults to experience poor mental and physical health outcomes upon release, and they …

State Intervention In Local Zoning: Lessons From Housing Applied To Data Centers, Matthew De Boer

Fordham Law Review

There is growing regulatory tension at the intersection of data center development and local land use law. As states aggressively court data centers with tax incentives and economic policies, they have largely declined to regulate where and how these facilities are sited. Local governments, left to absorb the consequences, have responded unevenly, attempting to fit extraordinary land, water, power, and noise-intensive data centers into zoning frameworks designed for far less demanding industrial uses. The result has been a cycle of uncertainty and conflict: developers face unpredictable approvals, moratoria, and litigation, while residents bear escalating infrastructure strain, environmental impacts, and diminished …

Navigating Sustainable Burial In Southern Nevada, Kristen Gibson

Calvert Undergraduate Research Awards

Navigating Sustainable Burial in Southern Nevada investigates the accessibility of environmentally conscious end-of-life options for individuals throughout the region. Sustainable burial practices, including green burial, water cremation, and natural organic reduction, provide alternatives to traditional burial and cremation methods. Research was conducted through an analysis of Nevada statutes, local reporting, funeral service resources, and public discussions related to sustainable burial. The research revealed that although Nevada expanded legal recognition of sustainable burial by legalizing natural organic reduction, public access to clear information and available services remains limited. These findings informed the creation of a choose-your-own-adventure booklet designed to translate legal …

Federal Extreme Risk Protection Orders: A Potential Pathway To Preventing Mass Shootings, Lilly H. Donahue

William & Mary Journal of Race, Gender, and Social Justice

This Note examines how the creation and implementation of a federal extreme risk protection order (ERPO) statute would impact federal investigations, mass shooting prevention, and the reduction of firearm deaths at large. While ERPOs exist in several states, there is currently no federal statutory scheme to allow federal law enforcement agencies to pursue ERPOs against citizens at risk of harming themselves or others with firearms. By examining the current legal landscape of state-level ERPOs, federal agencies’ investigatory procedures and failures, constitutional and racial equity concerns, and industry best practices, this Note aims to explore what a federal ERPO statute could …

Uncertainty In Business Judgment: How A Divide Between Delaware's Judiciary And Legislature Has Changed Corporate Law, Andrea Safran

William & Mary Business Law Review

In response to controversial Chancery Court decisions, the Delaware Legislature rushed to amend the Delaware Code in order to reinforce the business judgment rule. As the foremost business court in the nation, every Chancery Court decision is thoroughly scrutinized by the corporate world, so when the court goes against normal business practices, corporations grow wary in their trust of the State. Thus ensues a scramble by the State to pass legislation that will protect corporate interests. With these recent decisions, however, the Chancery Court may have lost its footing, and Delaware could soon see a mass corporate exodus with the …