State and Local Government Law Commons^™

Masthead

California Regulatory Law Reporter

No abstract provided.

Public Rights, Democracy, And The Separation Of Powers, James L. Huffman

Marquette Law Review

This Article examines the concept of public rights in the contexts of democratic governance and the constitutional separation of powers. While the concept of public rights has a long history in Anglo-American law, over the last several decades, the term is often employed with only vague reference to its historic meanings and with little or no definition. With reliance on the centrality of the concept of rights in American constitutional government, it is commonly claimed that public rights, like private rights, can be enforced in the courts as constraints on legislative and executive actions.

In American caselaw public rights have …

Feudal Is Fine Because Property Is Sovereignty: Rational Basis Equal Protection And The New Noncitizen Land Laws, Jill M. Fraley

Scholarly Articles

States are enacting a new wave of land laws restricting noncitizens’ ownership of real property, prompting immediate constitutional challenges grounded in equal protection and federal preemption. Most commentators assume these laws are unlikely to survive modern scrutiny. This Article argues that these land laws rest on a constitutional logic that remains both doctrinally intact and normatively compelling: the treatment of real property as an incident of state sovereignty rather than an ordinary site of economic regulation.

Against prevailing accounts, this Article shows that the Court’s jurisprudence has never subjected all citizenship-based classifications to heightened scrutiny. Instead, the Court has consistently …

State Climate Superfunds, Rachel Rothschild

Articles

The harmful effects of climate change have already arrived in cities and states across America, with disasters increasing markedly in recent years along with more gradual environmental changes like sea-level rise and drought. To protect populations and natural resources, significant funding will be necessary for preventative measures as well as disaster response.

At present, it is states and ordinary taxpayers who must shoulder the enormous costs and planning for climate adaptation. A number of state legislators, however, have recently proposed enacting new laws that would require the companies who have most profited from fossil fuel usage to assist in funding …

Shaping Corporate Behavior Through Enforcement: Evidence From The No-Poach Initiative, Lorenzo G. Luisetto

Law Faculty Articles and Essays

In recent years, government entities have pursued legal action against restrictive clauses in employment contracts that limit labor mobility and may stifle competition in both labor and product markets. To date, however, little is known about how firms respond to enforcement actions aimed at regulating the relationships they have with their employees. Leveraging a sample of 293 franchisors, in this paper I investigate the spillover effects of the so-called “No-Poach Initiative,” an unprecedent enforcement action launched by the Antitrust Division of the State of Washington Attorney General’s Office in January 2018. This initiative resulted in 237 franchisors (39 of which …

Ai Deference, Kevin Frazier

Loyola University Chicago Law Journal

Existing AI tools allow administrative agencies to chart a more aggressive regulatory path. AI can identify which statutes and regulations, if reinterpreted, would further the agency's agenda. AI can also draft new regulations and forecast their likely effects.

No laws explicitly ban agencies from using AI. In fact, successive presidential administrations have encouraged agencies to increase their use of AI. Cities and states have already been integrating AI into ever more substantive governance tasks. Governments around the world are likewise finding novel ways to incorporate AI into drafting, enforcing, and adjudicating laws. In short, it is a matter of when, …

Prison Labor Exploitation, As Easy As “Pie”: Private Industry Exploitation Under Pie Certified Prison Work Programs, Jack Burum

Roger Williams University Law Review

No abstract provided.

Public Schools: Immigration & Customs Enforcement’S Unconstitutional And Inhumane Hunting Ground, Ma Camille Briones

Roger Williams University Law Review

No abstract provided.

Can We Close The Rhode Island Women’S Prison?, Nick Horton

Roger Williams University Law Review

No abstract provided.

Boggs V. Johnston Asphalt, Llc, 334 A.3d 965 (R.I. 2025)., Gracie May Mccall

Roger Williams University Law Review

No abstract provided.

Goodbye, Nomcompetes? Policy Diffusion And State-Level Reforms, Lorenzo G. Luisetto, Norman D. Bishara

Law Faculty Articles and Essays

Post-employment non-competition agreements (“noncompetes”) have been part of the common law dating back to at least 1414. The past 16 years have seen an unprecedented wave of scrutiny that is mostly aimed at curtailing these agreements, culminating in the contentious 2024 Federal Trade Commission’s (FTC) attempted noncompete ban. With the broad FTC ban on hold for the foreseeable future, the spotlight shifts back to the states where innovation in noncompete policy is blossoming. In this study, we systematically explore the legislative and policy trends reshaping the U.S. noncompete landscape. We propose a novel typology of these reforms and apply a …

Rewriting The Sentence: Second Look Sentencing In Rhode Island, Carter Hazzard

Roger Williams University Law Review

No abstract provided.

A New Middle Ground: The Continuous Treatment Doctrine As A Solution To Rhode Island’S Incomplete Tort Reform, Justin Edward Keyes

Roger Williams University Law Review

No abstract provided.

Mile V. Kirkbrae Country Club, 331 A.3d 1003 (R.I. 2025)., Taylor Payne

Roger Williams University Law Review

No abstract provided.

State V. Mclean., 337 A.3d 655 (R.I. 2025)., Kelsey Carter

Roger Williams University Law Review

No abstract provided.

State V. Roman, 335 A.3d 782 (R.I. 2025)., Kylie Rau

Roger Williams University Law Review

No abstract provided.

In Re N.O., 336 A.3d 29 (R.I. 2025)., Salvamarie Alifonso

Roger Williams University Law Review

No abstract provided.

Obituary For The Birth Certificate, Malinda L. Seymore

Faculty Scholarship

Have birth certificates outlived their usefulness? Birth certificates establish an individual’s name, identity, age, race, sex and gender, parental authority, and citizenship. In addition, the information collected at the time of birth and reflected on a long-form birth certificate provides data for public health policy, population statistics, internal migration, government planning, and resource allocation. Birth certificates are also the all-access pass to American life, necessary for many functions of modern life: registering a child in school, signing a child up for soccer, getting a driver’s license and passport, enlisting in the military, and applying for government benefits. All of this, …

Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall

Lewis & Clark Law Review

In 2024, the Supreme Court did away with Chevron deference in Loper Bright Enterprises v. Raimondo. One previously undiscussed consequence of this decision is how it opens the door to a broader use of quo warranto corporate charter revocation. Quo warranto is a legal remedy held by the states that has fallen into relative obscurity, but it has the power to regulate large corporations that have strayed from the bounds of acceptable activity. This Comment examines the history of corporations and corporate oversight regulation in the United States, as well as the history of quo warranto as a remedy. Additionally, …

Regulated Victimization: The Rise Of Human Trafficking Within The Oregon Massage Industry, Hannah Beaulieu

Lewis & Clark Law Review

Illicit massage businesses are massage spas that appear to operate as legitimate businesses but facilitate commercial sex acts behind closed doors. Recent law enforcement investigations in Oregon have revealed that some illicit massage businesses have facilitated the human trafficking of multiple victims. The illicit massage industry has steadily grown across the country but has especially boomed in recent years in Oregon. This Note investigates how the illicit massage industry has evolved to be so prevalent in our communities and what factors have contributed to the growth. It goes on to recommend ways to protect victims, to prevent further harm, and …