State and Local Government Law Commons^™

Take In Case Of Emergency: Reconciling Necessity Takings With The Original Meaning Of The Takings Clause, Tony Smith

Northwestern University Law Review

Does the Fifth Amendment’s Takings Clause permit the state to destroy property without compensation whenever it declares an emergency? The long-standing doctrine of necessity empowers the state to do exactly that.

Courts dating back to common law England have permitted governments to claim a privilege of necessity to avoid paying for private property they destroy in times of crisis. The privilege rests on the principle that the public good sometimes outweighs the harm the individual suffers. Today’s courts and academics stretch this principle to its limits, arguing necessity should be used as a vehicle for combating all manner of social …

Generative Suspicion And The Risks Of Ai-Assisted Police Reports, Andrew Guthrie Ferguson

Northwestern University Law Review

Police reports play a central role in the criminal justice system. Many times, police reports exist as the only official memorialization of what happened during an incident, shaping probable cause determinations, pretrial detention decisions, motions to suppress, plea bargains, and trial strategy. For over a century, human police officers wrote the factual narratives that shaped the trajectory of individual cases and organized the entire legal system.

This practice is about to change with the creation of AI-assisted police reports. Today, with the click of a button, large language models (LLMs), a type of generative AI using predictive text capabilities, can …

Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins

Washington Law Review

The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …

The History And Tradition Of Voir Dire: Why Maryland Should Expand Its Jury Selection Procedures, Dallon Danforth

University of Baltimore Law Forum

No abstract provided.

Maryland’S Voir Dire Reform: The 2025 Pilot Program And The Path Toward Fairer Juries, David A. Harak, Patrice M. Clarke

University of Baltimore Law Forum

No abstract provided.

The Right To Rest: An Examination Of Maryland’S Patchwork Laws On Sepulcher, Burial Grounds, Human Remains, Derek Van De Walle

University of Baltimore Law Forum

No abstract provided.

Contempt Power In The Province Of Maryland, Joshua T. Carback

University of Baltimore Law Forum

No abstract provided.

Reforming Maryland’S Loss Of Chance Doctrine: Expanding Recovery For Cancer Patients With Survival Chances Below Fifty Percent, Iman Aziz

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Walton V. Premier Soccer Club, Inc., Katelin Carter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Crawford V. State, Allison Comess

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Mooney V. State, Whitney Dudley

University of Baltimore Law Forum

No abstract provided.

Recent Developments: In Re Estate Of Schappell, Jamison Young

University of Baltimore Law Forum

No abstract provided.

A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin

Washington Law Review

This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …

A Municipal Finance Theory Of Local Government, Michael A. Francus

Indiana Law Journal

The United States is awash in local governments. Not only does every state create local governments, but every state relies on those local governments to carry out the day-to-day functions of government. These local governments, though, are not the state. They are distinct legal entities vested with their own legal personhood. That is, they sue and are sued, they own property, and they enter into contracts—all in their own names.

Many rich accounts detail the historical reasons why local governments arose. But a different, theoretical question remains: What can a state achieve with local governments that it cannot achieve without …

Environmental Bankers: States Are Billing Fossil Fuel Companies For Extreme Weather Disasters, Kelly A. Adam

William & Mary Environmental Law and Policy Review

For decades, common law has been the pathway to remediation for environmental tragedies. Victims of traditional environmental harms can pursue justice through legal challenges like nuisance, negligence, and violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). However, climate change–induced natural disasters have led to the normalization of the “Act of God” exception; a policy provision commonly used in insurance law that excludes coverage for damage caused by unforeseeable natural disasters. Even so, real cities suffer the consequences of the real harm, whether insurance accepts it or not; so, who bears the burden of funding the recovery?

Maryland, …

University Of Baltimore Law Forum, Volume 56, Issue 1 (Fall 2025)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Davis V. State, Morgan Love

University of Baltimore Law Forum

No abstract provided.

Vestigial Fiscal Constitutions, Joe Schomberg

St. John's Law Review

(Excerpt)

This Article examines the history and original intent of fiscal constitutions in the United States, providing helpful context for their usefulness today. It argues that, due to the rigidity of states’ fiscal constitutions, they are ultimately ineffective at preventing state and local governments from incurring more and more debt. Ultimately, it suggests that the weakness of state fiscal constitutions is a result of their functionality being overtaken by increased efficiencies in the capital markets and Tiebout-Tullock markets. Our state fiscal constitutions have suffered the same fate as our wisdom teeth or appendixes—they have become less useful and less relied …

“It’S Just Rap”: Why Texas Courts Must Presume Rap Lyrics Inadmissible As Evidence In Criminal Trials, Sydney Ramirez

St. Mary's Law Journal

No abstract provided.

Navigating Beyond The Workplace: Examining The Need For Ada-Mandated Workplace Travel Accommodations, Ryan Black

St. Mary's Law Journal

No abstract provided.