State and Local Government Law Commons^™

Beyond The Movement: State Action In Addressing Campus Sexual Violence, Amijo Wadena

Political Science Theses and Capstones

The "Me Too" movement, started by actress Alyssa Milano, has helped shine a light on the prevalence of sexual harassment and sexual violence throughout the country. While it has helped the public understand the magnitude of the issue, it has only started the conversation about sexual violence. And while the focus has mostly been on Hollywood, there has been one area that is being overlooked; sexual violence on College and University campuses. With Secretary DeVos' repeal of Obama era policies, the current administration is being a lot less transparent when it comes to sexual violence, in general. With policy-making responsibility …

Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer

Michigan Law Review

A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.

Cities, Government, Law, And Civil Society, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This Article develops a first iteration of a locality-centered account of civil society and the role for government and law within it. I examine a particular municipality—the City of Pittsburgh—to provide a concrete example from which to generate ideas and judgments about the terrain and content of this localist account. While it may seem startling to approach the large goal of providing a generalizable account of civil society and municipal agency from a review of one U.S. city, I believe that doing so keeps the account grounded in particularities that highlight the very concrete ways in which civil society both …

Riparian Rights And Public Trust: Enforcement Authority, Reeana Keenen

Virginia Coastal Policy Center

In Virginia, private landowners own the land to the Mean Low Water mark (“MLW”), whereas in many coastal states private landowners only own to the high water mark. The bottomlands channelward of the MLW mark in Virginia are governed by the Public Trust Doctrine, meaning that the state holds this land in trust for use by the public. However, use conflicts can arise where private landowners own property adjacent to publicly owned property or where public easements run through private property adjacent to public beach access points.

This Paper will provide a summary of the law regarding private and public …

Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker

Virginia Coastal Policy Center

No abstract provided.

Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano

Virginia Coastal Policy Center

No abstract provided.

Collaborative Enforcement, Andrew Elmore

Faculty Scholarship

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations (“PIOs”) as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and 1 by improving …

Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that under NRS Chapter 453: (1) a medical marijuana establishment applicant does not have to satisfy NRS 453A.322(3)(a)(5)’s requirements for the Department of Health and Human Services to issue the applicant a provisional registration certificate, and (2) the registration certificate shall be deemed provisional until the applicant receives proper approval to commence operations from the applicable local government to commence operation.

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Understanding The Sexual Assault Kit Backlog In Pennsylvania, Kallie Crawford, Lyndsie Ferrara

Graduate Student Research Symposium

According to the FBI, to date, there are more than 400,000 untested sexual assault kits nationwide. While this is a huge issue that cannot be solved overnight, continual improvements and changes are needed to reduce and hopefully eliminate the backlog.

This research examines work going on nationwide and aims to better understand the backlog issues specifically in Pennsylvania. Furthermore, the research examines a program utilized by the law enforcement community that garnered necessary resources. First, a comprehensive review of improved practices in proactive jurisdictions of Ohio, Houston, Texas, and Detroit, Michigan was conducted to identify general policies and procedures that …

Black Courts, Ernesto A. Longa

Faculty Book Display Case

Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.

Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice system, introducing grand …

Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer

Chicago-Kent Law Review

A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …

Zapped! An Analysis Of Washington’S Electronic Monitoring Agreement, Richard Thompson Ainsworth, Robert Chicoine

Faculty Scholarship

The State of Washington v. Wong, Wash. Super. Ct., No. 16-1-00179-0 is the State of Washington’s first judicially resolved case involving an automated sales suppression device. Months of negotiations led to a plea agreement and the State’s first electronic sales monitoring agreement (August 30, 2017). The taxpayer violated RCW 82.32.290 (4)(a) by knowingly possessing, and knowingly using a Zapper to suppress sales.

The penalties in this case were severe. Not only were all taxes, penalties, and interest lawfully due required to be paid, but as a Class C felony incarceration of up to 5 years, a $10,000 fine, or both …

Persuasive Authority And The Nebraska Supreme Court: Are Certain Jurisdictions Or Secondary Resources More Persuasive Than Others?, Stefanie S. Pearlman

Nebraska College of Law: Faculty Publications

In this article, the author analyzes whether the Nebraska Supreme Court—as currently composed—favors particular jurisdictions or certain types of secondary resources as authority when there is a lack of precedent on a given legal issue. For this study, the author reviewed the advance opinions in Volume 295 of the Nebraska Reports to address two hypotheses: (1) When there is an absence of binding authority, it is typically better to cite to a state similar to your state—one that borders your state or that shares the same circuit; and (2) When using secondary resources, it is better to use resources authored …

Recent Developments: Lamalfa V. Hearn, W. Ryan Parry

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Green V. State, Taylor Koncen

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Ceccone V. Carroll Home Services, Molly Miller

University of Baltimore Law Forum

No abstract provided.

The Preparedness Piñata: Knocking Out The Problems In Texas's Emergency Management Legal Framework To Enhance Performance At The Local Level, William S. Gribble

Student Scholarship

Texas has a very comprehensive emergency management program that should be the envy of every state in the union. However, the manner in which we as a profession have achieved this may have inadvertently circumvented the proper administrative law procedures required in Texas. This has likely caused Texas to accidently engage in ad hoc rulemaking that--if left as is--could set the conditions to create a damaging friction between the state and municipal governments. That friction would erode the interoperability necessary to protect property and to save lives during a disaster. This Article provides: (1) a brief history of the development …

University Of Baltimore Law Forum, Volume 48, Number 2 (Spring 2018)

University of Baltimore Law Forum

No abstract provided.

Navigating The Gap In Access To Civil Justice: An Alternative To A Civil Gideon, Gregory R. Eyler

University of Baltimore Law Forum

No abstract provided.