State and Local Government Law Commons^™

Tax Increment Financing: A Tool For Growth In Grapevine, Texas, Nathaniel C. Chadwick

Political Science Undergraduate Honors Theses

Tax Increment Financing (TIF) has become an increasingly popular tool for economic development used by state and local governments. The legislation enabling TIF and its consequences vary greatly between states, causing some controversy. Through a case study based in the City of Grapevine, Texas, this research analyzes factors influencing TIF districts and their effectiveness in achieving their respective goals.

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Public Interest Law Review

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.

Opinion: Testimony Concerning The Separation Of Powers And The Judiciary, Lumen N. Mulligan

Faculty Works

Separation of powers and the judiciary - or judicial independence as it is often termed - "refers to the need for courts that are fair and impartial when reviewing cases and rendering decisions, ... [which] requires freedom from outside influence or political intimidation." As recognized by President Ronald Reagan, and scores upon scores of our nation's most preeminent leaders, "[the] independence of the courts from improper political influence is a sacred principle, .... It must always be guarded."

This cornerstone of our free society - judicial independence - has been the bedrock of Kansas' republican form of government since the …

Inventing Equal Sovereignty, Leah M. Litman

Michigan Law Review

The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights Act’s key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the equal sovereignty principle remains largely unexamined. This Article seeks to provide some clarity—both to establish the contours of the equal sovereignty doctrine and to evaluate whether it is a sound rule of constitutional federalism. The principle of equal sovereignty, as initially articulated by courts and subsequently …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends, Tanya M. Marcum, Elizabeth A. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

Historically, states did not place restrictions on advertising by professionals; it was not until the beginning of the twentieth century that jurisdictions began to enact prohibitions on marketing of professional services. Eventually, the U.S. Supreme Court recognized the right of professionals to advertise their services and has continued to define the right in the decades since. While lawyers have long advertised in traditional media, such as billboards and television, thanks to the exploding popularity of social media websites like Facebook and Twitter, the available platforms lawyers may use to market their services will continue to multiply.

New and creative approaches …

Clearing The Smoke: The Ethics Of Multistate Legal Practice For Recreational Marijuana Dispensaries, Eric Mitchell Schumann

St. Mary's Journal on Legal Malpractice & Ethics

With many firms practicing in multiple states, a lawyer could represent a marijuana dispensary in a legalized state while practicing in a state, like Texas, which continues to criminalize the drug. This raises a question of whether Texas attorneys who make the bold attempt to assist a company that sells marijuana violate the rules of professional responsibility.

In Section II, this Comment examines the background of the criminalization of marijuana and looks into the movement to liberalize the laws surrounding it. Section III analyzes the rules of professional conduct in Texas and in Colorado to determine what a lawyer in …

Causation In Whistleblowing Claims, Nancy M. Modesitt

All Faculty Scholarship

Whistleblowing cases have continued to increase in number in recent years as state and federal legislatures have added protections for employees who disclose illegal or wrongful activity by their employers. But even as the number of cases continues to climb, cohesive and coherent doctrines applicable in whistleblowing litigation have failed to emerge. A significant reason for this is that much of whistleblower protection is statutory in nature, and federal statutes vary greatly from state statutes, even as state statutes differ. A second reason is that courts have drawn upon doctrines developed under Title VII of the Civil Rights Act of …

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel

Georgia Journal of International & Comparative Law

No abstract provided.

Foreign Policy And The Government Legal Adviser, Joyce Gutteridge

Georgia Journal of International & Comparative Law

No abstract provided.

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.

Appeal No. 0914: Eclipse Resources I Lp, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-43 & 2016-44; John Mills West Unit #1H & #3H Wells

Appeal No. 0913: Eclipse Resources I Lp, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-43 & 2016-44; John Mills West Unit #1H & #3H Wells

Revolt Of The Attorneys General, Neal Devins, Saikrishna B. Prakash

Popular Media

No abstract provided.

Appeal No. 0899: Thomas C. Whitney, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-55 (Lulu Schonauer #1 Well)

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

Fordham Urban Law Journal

No abstract provided.