State and Local Government Law Commons^™

A Spirited Revolution: Local Option Elections And The Impending Death Of Prohibition In Arkansas, Justin Wayne Harper

University of Arkansas at Little Rock Law Review

No abstract provided.

Absolute Conflicts Of Law, Anthony J. Colangelo

Indiana Law Journal

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law …

That's Not My Name: An Analysis Of North Carolina Laws Used To Classify Employees And Independent Contractors Of Sharing-Economy Business, Gabriel J. Wright

North Carolina Central Law Review

No abstract provided.

A Lack Of Transparency: The Restoring Proper Justice Act As A New Mourning Veil Of Execution Procedures, Brandon Konecny

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller

University of the District of Columbia Law Review

Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.

Preventing Preemption: Finding Space For States To Regulate Consumers’ Credit Reports, Elizabeth D. De Armond

BYU Law Review

No abstract provided.

Welcome To The Metropticon: Protecting Privacy In A Hyperconnected Town, Kelsey Finch, Omer Tene

Fordham Urban Law Journal

No abstract provided.

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulation Room Project, Cynthia Farina, Hoi Kong, Cheryl Blake, Mary Newhart

Fordham Urban Law Journal

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises—that is, they involve a limited number of participants, often selected to achieve a …

Smart Law For Smart Cities, Annie Decker

Fordham Urban Law Journal

No abstract provided.

Show Me The Warrant: Protection Of Stored Electronic Communications In New York State, Kaitlin G. Klamann

Fordham Urban Law Journal

No abstract provided.

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.

An Analysis Of The Treatment Of Employees Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda

Fordham Urban Law Journal

No abstract provided.

The Detroit Bankruptcy, Pre-Eligibility, Melissa B. Jacoby

Fordham Urban Law Journal

No abstract provided.

Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung

Fordham Urban Law Journal

No abstract provided.

Resolving The Public Pension "Crisis", Jack M. Beermann

Fordham Urban Law Journal

No abstract provided.

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Fordham Urban Law Journal

No abstract provided.

Local Government Law’S “Law And___” Problem, David Schleicher

Fordham Urban Law Journal

No abstract provided.

Whither Workforce Housing?, Matthew J. Parlow

Fordham Urban Law Journal

The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts. This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities—and some states—adopted various laws and policies to spur the creation of workforce housing: that is, moderately-priced housing that …

Expanding Local Enforcement Of State And Federal Consumer Protection Laws, Kathleen S. Morris

Fordham Urban Law Journal

This Article calls on Congress and the state legislatures to grant large cities and counties standing to enforce the Federal Trade Commission Act (the FTC Act) and its state statutory counterparts (or little Acts). The FTC Act, a federal law, prohibits businesses from engaging in any “unlawful,” “unfair,” or “deceptive” acts or practices, and the little Acts apply similarly broad prohibitions in all fifty states. This fifty-one-statute consumer protection regime—which has been the law of the land for several decades—carries enormous promise to halt a wide range of unlawful and harmful corporate practices in their earliest stages. Unfortunately, that promise …

Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller

Fordham Urban Law Journal

No abstract provided.