State and Local Government Law Commons^™

High Stakes And Random Rewards: A Critical Look At Loot Boxes And Illegal Gambling, Brian T. Wersan

Touro Law Review

Since their inception in the mid-2000s, loot boxes have been legal and virtually unregulated in the United States. Ever-growing mountains of evidence demonstrate the harms of loot boxes, but their structure has not yet been found to be in violation of any current U.S. gambling law, leading to a complete lack of recovery for victims. Certainly, if people experience harm, a legal avenue providing justice must exist. While other avenues are referenced, this Note ultimately argues that loot boxes can be interpreted by courts to satisfy the elements of, and thus, violate multiple state gambling laws, revealing a path to …

More Than Bad Neighbors: Data Centers And Minnesota's Newest Attempts To Regulate Them, Daria Mcgucken

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Rent Abatement In Wisconsin: Duty To Repair A Broken Statute, Brady Wirkes

Marquette Law Review

Wisconsin, like many states, has a rent abatement statute that authorizes tenants to withhold rent from their landlord. Despite the apparent strength of the rent abatement statute, tenants rarely utilize it. The statute, as it exists, fails to provide an adequate safety net for tenants. Even tenants with flawless abatement arguments are currently required to risk eviction to make a claim. However, the risk of eviction is merely the tip of the iceberg.

This Comment explores the complexities of a rent abatement claim in Wisconsin, highlighting the difficulties that tenants face trying to successfully withhold rent. Wisconsin’s rent abatement statute …

Food Stamp Participation And Health Outcomes In Ca Immigrants, Esther Kang

Scripps Senior Theses

The U.S. social welfare system includes programs aiming to increase access to nutritious food to reduce nutrition insecurity. However, studies suggest that immigrants continue to face disproportionate risks of nutrition insecurity and may face barriers to enrollment due to legal status. This study, using secondary data from the 2023 California Health Interview Survey, examines the associations between food stamp participation, food insecurity, and clinical diagnosis of diabetes among adult U.S.-born, naturalized, and non-citizen adults in California. The findings suggest that those enrolled in food stamps are more likely to report food insecurity than those who are not enrolled, and that …

Private Prosecution And The State, Anna Arons

Faculty Publications

The modern family regulation system is paradigmatically public. In the common account, the state plays a monopolistic role. It decides which families to investigate and which to prosecute, which families to surveil and which to separate, and which services and benefits to provision for families entangled in the system. Yet, this public family regulation paradigm obscures the role of private prosecution. Nearly half of states permit private individuals to initiate dependency prosecutions. In these cases, private prosecutors allege that parents have neglected or abused their children and seek state intervention on the fundamental right to family integrity.

This Article surfaces …

The Right To Seek Joy, Tyler Rose Clemons

Faculty Publications

Within the past three years, roughly half of American states have restricted access to gender-affirming medical treatment for children. In this article, I argue that these bans violate transgender children’s right to liberty guaranteed by the Fourteenth Amendment’s Due Process Clause. I do so by excavating the Framers’ understanding of liberty as the right to seek joy. Rooted in the philosophies of John Locke and Epicurus, the Framers understood liberty as the right to make important life decisions according to one’s subjective preferences without undue interference from the government. Based on this understanding, I develop a new framework for substantive …

Can Federalism Protect Subnational Liberal Democracy From Central Authoritarianism?, James A. Gardner

Journal Articles

Liberal democracy is eroding rapidly around the globe, including in the United States, raising alarming questions about whether American democratic institutions will endure. Nevertheless, some have speculated that federalism may protect liberal democracy at the subnational level when the central government turns authoritarian. This article argues that such optimism is premature: there is no a priori basis on which to predict the effect of central democratic backsliding on the quality of subnational democracy. Federal theory does suggest that internal heterogeneity in basic political commitments is likely to produce an escalating pattern of severe and possibly intractable intergovernmental conflict. Empirical evidence …

The Impact Of Social Media Movements On Policy Changes Made In The United States, Michelle Levy Korine

Honors Undergraduate Theses

This study focuses on researching the relationship between social media movements and policy changes in the United States. Over the last decade, digital platforms such as TikTok, Instagram and X have become important tools to encourage political involvement. These platforms have led to an increase in public participation, movements to become more popular and to organize protests. Many current studies focus on the social and cultural aspects of online activism, but fewer examine wither these movements lead to the legislative change asked for.

This thesis relies on the question, "To what extent does social media activism contribute to policy change …

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 …

Pona V. State, 329 A.3d 485 (R.I. 2025)., Trina Capezza

Roger Williams University Law Review

No abstract provided.

Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum

Roger Williams University Law Review

No abstract provided.

Thornton V. State, 332 A.3d 912 (R.I. 2025)., Matthew Alden Zeller

Roger Williams University Law Review

No abstract provided.

Species Of State Constitutional Lockstepping, Michael L. Smith

Faculty Articles

When interpreting state constitutional provisions, state courts frequently take a "lockstep" approach by adopting the United States Supreme Court's interpretation of analogous federal constitutional provisions. Critics often portray lockstep interpretation as misguided and have identified varieties of lockstepping, including unreflective, reflective, prospective, and methodological lockstep interpretation. This Article contributes to these discussions by identifying several additional forms of lockstep interpretation that have thus far gone undiscussed: lazy, mandatory, atextual, and sticky lockstepping.

Several of these variations highlight distinct failures of state courts to independently interpret state constitutions. This includes lazy lockstepping, where state courts tend to engage in repeated, thoughtless …

Data Sanctuaries: Rethinking Technological Progress To Preserve Federalism, Nathan S. Lee

Cardozo Journal of Equal Rights & Social Justice

Why are sanctuary states and cities in the present moment largely failing to protect immigrants and other vulnerable people from federal enforcement of an agenda based on mass deportation and fear? While federalism was painted during the Civil Rights Era as a weapon of states to protect policies of discrimination and segregation, federalism was also a powerful tool used by Northern States before the Civil War to resist Southern and federal laws enabling the dehumanizing capture and transport offugitive slaves (or suspected fugitive slaves). What has changed in the passing years to make federalism seem like such a thin concept, …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …

Board Of Registered Nursing, Sydney Verga, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Native American Law Explainer, Kincaid Brown

Law Librarian Scholarship

Native American tribes are the original sovereign peoples of the lands that now comprise the United States, with histories, governments, and cultures that predate the founding of the nation by thousands of years. Long before European colonization, hundreds of distinct tribal nations exercised independent political authority over their territories. Although the United States entered hundreds of treaties recognizing tribes as distinct political entities, federal Indian policy evolved over time through periods of treaty-making, forced removal, allotment, assimilation, termination, and, since the 1970s, tribal self-determination. The legal relationship between tribes and the federal government is grounded in the U.S. Constitution, as …

Welfare Litigation, State Courts, And Social Citizenship, Andrew Hammond

Articles by Maurer Faculty

For half a century, federal courts have stood at the center of welfare rights enforcement. That era is ending. The One Big Beautiful Bill Act’s historic cuts to Medicaid and SNAP will generate an avalanche of benefit terminations, work requirement sanctions, and overpayment actions from state agencies. And with a federal judiciary increasingly hostile to the private enforcement of public law, state courts will become not just a concurrent forum for welfare litigation, but an increasingly important one. Understanding how state courts have handled welfare litigation over the past three decades, then, is essential to anticipating what comes next. This …

Challenging Agency Deregulation, Todd S. Aagaard

Faculty Publications

The administrative state is experiencing two seismic shifts. First, in recent years, the Supreme Court has issued a series of decisions that significantly curtailed the powers of administrative agencies. Second, President Donald Trump is using administrative agencies to aggressively deregulate in his second term. The conventional wisdom is that the Supreme Court’s recent precedent will facilitate the Trump Administration’s deregulatory agenda.

This Article argues the opposite. Instead of promoting agency deregulation, recent Supreme Court precedent restraining agency authority provides a potentially powerful basis for challenging agency deregulation as administrative overreach. Time and time again, the Court has taken agencies to …

Home Rule, Dillon’S Rule, And The Legal Shape Of Local Governance, Bradon J. Rothschild

National Policy Consensus Center Publications

Public policy in common law democracies such as the United States is dictated by many factors, which you might call streams or strands. While on the one hand the vox populi may insist on a certain action, governing coalitions of political leaders may deign another direction, or policy researchers may conclude a third option is better yet. All such options, however, are constrained by the legal parameters of governance as defined by constitutional, statutory, and case (jurisprudence, or stare decisis) law. Where these streams meet, public policy actions which are popularly supported, politically advantageous, technically effective, and (importantly) legal may …