Transportation Law Commons^™

Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg

Brooklyn Law Review

The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.

Bicycle Laws In The United States-Past, Present, And Future, Ken Mcleod

Fordham Urban Law Journal

No abstract provided.

Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked

Fordham Urban Law Journal

No abstract provided.

Road School: Ada And Title Vi: Remaining Eligible For Funding, Erin L. Hall

Purdue Road School

Compliance with nondiscrimination and accessibility requirements is a contractual and ethical obligation for subrecipients of federal funds. Come learn how to achieve compliance with State and Federal regulations to remain eligible for federal funds, , avoid legal liability and better serve your community by ensuring projects and programs developed with public funds are deigned to benefit all.

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Locomotives V. Local Motives: The Coming Conflict, Statutory Void, And Legal Uncertainties Riding With Reactivated Rails-To-Trails White River Environmental Law Writing Competition Winner, Matthew J. Mcgowan

Student Scholarship

Study after study projects that the United States economy will come to rely more and more on freight rail in the twenty-first century. Few would have predicted the industry's reemergence 30 years ago when Congress, alarmed at the mass exodus from railroad and the resulting anemic rail infrastructure due to abandonment, began passing laws that culminated in 1983 with a rail-banking amendment to the National Trail System Act of 1976. The new statute streamlined the transfer of these rail corridors to private groups for safekeeping in the event railroads once again needed to reactivate the corridors. Since then, parks departments, …

The Greening Of Public Private Partnerships: What Design Professionals And Contractors Need To Know For Green Building's Next Legal Frontier, Tracy L. Steedman, Stephen Del Percio, Matthew L. Kimball

University of Baltimore Journal of Land and Development

America is at a pivotal moment in maintaining and modernizing its public infrastructure. Our nation's roads, bridges, water systems and energy networks have long been in poor repair. Much of the country's public infrastructure was put into place over fifty years ago, and many of these systems are simply overwhelmed or worn out. Infrastructure that is in poor condition or disrepair is mostly a hidden problem until it inconveniently stops working or worse, when ghastly consequences ensue from catastrophic failures.

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner

North Carolina Central Law Review

No abstract provided.

Closing The Door On The Public Policy Exception To At- Will Employment: How The Washington State Supreme Court Erroneously Foreclosed Wrongful Discharge Claims For Whistleblowers In Cudney V. Alsco, Inc., Laura A. Turczanski

Seattle University Law Review

In 2008, Matthew Cudney was terminated from his employment with ALSCO, Inc. a few weeks after reporting to his supervisor and human resources manager that he observed the branch general manager appearing intoxicated at work and driving away in a company vehicle. Cudney brought an action for wrongful discharge in violation of public policy, claiming that he was terminated in retaliation for reporting the manager’s drinking and driving. In a 5–4 decision, the Washington Supreme Court held that Cudney’s tort claim of wrongful discharge in violation of public policy could not proceed. This Note contends that the Cudney court erred …

Survey Of Washington Search And Seizure Law: 2013 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its …

Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie

Journal of the National Association of Administrative Law Judiciary

This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.

Legislative Update: Revisions In The California Drunk Driving Law, A. Randall Farnsworth

Pepperdine Law Review

No abstract provided.

Under The Influence Of California's New Drunk Driving Law: Is The Drunk Driver's Presumption Of Innocence On The Rocks? , Douglas Caiafa, A. Randall Farnsworth

Pepperdine Law Review

On January 1, 1982, the new California drunk driving law went into effect. This law makes it a crime to drive a motor vehicle where one's blood alcohol level is .10 or more. The law also marks a legislative attempt to curtail the practice of plea bargaining in drunk driving cases and significantly increases the penalties imposed upon those convicted of drunk driving. This Comment will discuss the provisions of the new drunk driving law and examine its constitutionality.

Clever Contraband: Why Illinois’ Lockstep With The U.S. Supreme Court Gives Police Authority To Search The Bowels Of Your Vehicle, 47 J. Marshall L. Rev. 425 (2013), Jason Cooper

UIC Law Review

No abstract provided.

Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Federalism And Preemption In October Term 1999, Jonathan D. Varat

Pepperdine Law Review

No abstract provided.

Off Premises Sunday Sales In Georgia Localities: Will It Affect Traffic Accidents?, Forrest Rose, Nathan Dunkel

Georgia Journal of Public Policy

Discussions about public policy relating to alcohol cause a polarizing reaction to many people in this country, particularly in the South. The state of Georgia, for example, has a long history of policies regulating alcohol which reflects its membership as part of the “Bible Belt” where Sunday is regarded as a holy day and therefore alcohol cannot and should not be purchased on this day. Given that the impetus of alcohol control policy has generally widened the availability of alcohol since the Prohibition, the moral concerns of voters regarding alcohol regulation have been superseded in the public debate with safety …

Women Behind The Wheel: Gender And Transportation Law, 1860-1930, Margo Schlanger

Book Chapters

Gender difference is only infrequently mentioned in recent negligence cases. To contemporary (mostly non-essentialist) eyes, gender difference seems to appear only mildly relevant to tort law's area of concern: care and harm to others and self. But in the early days of modern tort law, when gender differences loomed larger in the consciousness of American jurists, and unabashedly so, judicial opinions more frequently grappled with how negligence doctrine ought to take account of female difference. This chapter explores opinions published between approximately 1860 and 1930 that illuminate this issue in cases involving women drivers and passengers of cars and wagons. …

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.

Granholm V. Heald: The Twenty-First Amendment Takes Another Hit - Where Do States Go From Here?, 40 J. Marshall L. Rev. 651 (2007), William Glunz

UIC Law Review

No abstract provided.

The Core Plan Or How I Learned To Stop Worrying And Love The Central City: Shifting Control Of Regional Mass Transit To The Central City, Jeffrey Baltruzak

The University of New Hampshire Law Review

[Excerpt] “Mass transit in the United States is moribund: it plays a meaningful transportation role in only a handful of American regions. It is clear that the status quo—where state-created special-purpose districts (SPDs) provide limited regional mass transit options and new mass transit construction progresses at a glacial pace—is a colossal failure. This failure necessitates a new model of mass transit ownership and management. It is time for the region’s central city to own and operate the region’s mass transit system extraterritorially, free from significant control by the outer cities (the suburbs) and the state. This article calls this arrangement …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham

UIC Law Review

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Revoke First, Ask Questions Later: Challenging Minnesota’S Unconstitutional Pre-Hearing Revocation Scheme, Jeffrey S. Sheridan, Erika Burkhart Booth

William Mitchell Law Review

This analysis of the constitutionality of Minnesota’s prehearing revocation scheme begins by explaining the mechanics of Minnesota’s implied consent statute. Because the United States Supreme Court has established minimum procedural due process protections that must be afforded drivers, this backdrop is examined. After considering the federal standards for procedural due process, the numerous changes to Minnesota’s implied consent statute will be addressed. Next, the current challenge will be discussed, including the factual basis for the challenge, the arguments for the statute’s unconstitutionality, and the district court’s decision. Finally, this note will conclude that, given the dramatic increase in the private …

The Challenge Of Transportation, William B. Kennedy

History Faculty Publications

Connecticut's severely congested transportation system is explored by William B. Kennedy in chapter two of Public Policy in Connecticut. The gridlock one experiences on Connecticut's highways is not only described in this chapter, but also explained. He explores alternative transportation strategies that would alleviate congestion, and examines the possible impact of an increase in telecommuting.

Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice

University of the District of Columbia Law Review

This report was prepared in December 2003 in order to stimulate a dialogue on the role the District of Columbia government should play with the federal government in attempting to achieve an appropriate balance between physical security and open access to public space when deciding on traffic restrictions around or near federal buildings or federal sites in the District of Columbia. A summary of this report was presented at the UDC/DCSL Law Review November 2003 symposium "In the Aftermath of September 11: Defending Civil liberties in the Nation's Capital." Since this report was prepared there has been an ebb and …

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.