State and Local Government Law Commons^™

The Sun Doesn't Always Shine In Ohio: Reevaluating Renewable Portfolio Standards In Light Of Changed Conditions, Jeffrey M. Smith

Michigan Journal of Environmental & Administrative Law

In 2014, with the signing of Senate Bill 310 (S.B. 310), Ohio became the first state to put a temporary “freeze” on its renewable portfolio standard (RPS) and energy efficiency mandates. The law has generated nationwide attention and been criticized as a step back in the state’s clean energy policy. This Note examines the central justifications for the passage of S.B. 310, challenging conventional wisdom that the law does not serve the interests of Ohio citizens. After the passage of Ohio’s RPS in 2008, the economic and energy landscape within the state changed dramatically, due in large part to technological …

Some Dilemmas In Drawing The Public/Private Distinction In New Deal Era State Constitutional Law, Keith Whittington

Maryland Law Review

No abstract provided.

Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi

Pace Law Review

The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.

Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian

Pace Law Review

Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.

Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-68 (Enviro Clean Facility)

Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset

William & Mary Environmental Law and Policy Review

No abstract provided.

Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-498 (Geitgey Donald #3 Well)

Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)

How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar

All Faculty Scholarship

Kenny Johnson1 was thirty-two years old when he was released from a Baltimore City jail— almost three years after his arrest in October 2012. Johnson was not serving a sentence, but these three years were spent under pretrial detention. He had been denied bail. Johnson’s case was a rollercoaster of delays and uncertainty, particularly towards the end of his pretrial incarceration. The need for certainty convinced Johnson to plead guilty—he could not stand knowing that his pretrial incarceration could be indefinite and he wanted to be sure he was going home, guilty or not guilty.

Between the time he was …

Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)

Fighting Corruption In America And Abroad, Jed Handelsman Shugerman

Fordham Law Review

    The exchanges at the symposium and these Articles highlight the gap between public opinion and legal culture on the definition of corruption and the problems that flow from that gap. Teachout’s and Lessig’s legal argument that corruption can be institutional and banal roughly corresponds with the public’s moral intuition. Conversely, Lessig’s and Hasen’s intuitive moral reaction—that corruption is the evil of quid pro quo—maps onto the legal conclusion of the U.S. Supreme Court in Citizens United v. FEC that corruption is narrowly defined as quid pro quo. Note the reversal of moral and legal positions: Teachout and Lessig’s legal …

Opening Remarks, John D. Feerick

Fordham Law Review

    I salute those who have been involved in the planning of this program and will be moderating, serving on panels, and making presentations throughout the day. I am not quite sure what my present qualifications are to be the opening speaker in such an august gathering of outstanding academics, teachers, lawyers, good government leaders, public servants, and others of distinction. My work these years of my life is largely in the field of social justice and poverty. I am no stranger to the field of law reform, however.

Why Isn’T Congress More Corrupt?: A Preliminary Inquiry, Richard L. Hasen

Fordham Law Review

    In the aftermath of the indictment of New York State Assembly Speaker Sheldon Silver on corruption charges, law professor (and recent reformist gubernatorial candidate) Zephyr Teachout published an op-ed in the New York Times entitled “Legalized Bribery.” In it, she argued that campaign contributions are a “gateway drug” to bribes and that politicians are “pre- corrupted” by taking campaign contributions and doing favors for contributors. She wants campaign finance limits, public financing, and limits on outside income for legislators. Although Teachout used powerful rhetoric and suggested worthy reforms, I see her as offering an empirical hypothesis about the relationship between …

Love, Equality, And Corruption, Zephyr Teachout

Fordham Law Review

    What is corruption? Unless one takes an absolute (and hard to defend) view of words’ meanings—there is a fixed meaning, it cannot differ—this question can mean different things. What has it meant in the past? What has it meant to judges? What social function does the word play? Does it have any meaning at all, or is it just another word for a different idea? Does the meaning it had historically have any coherence? Does the meaning it has now have any coherence? What do most people think it means? What do most scholars think, or most lawyers, …

The “Demand Side” Of Transnational Bribery And Corruption: Why Leveling The Playing Field On The Supply Side Isn’T Enough, Lucinda A. Low, Sarah R. Lamoree, John London

Fordham Law Review

   The domestic and international legal framework for combating bribery and corruption (“ABC laws”), including both private and public corrupt practices that are transnational (cross border) in character, has dramatically expanded over the last twenty years. Despite these developments, major gaps remain. This Article examines one of the largest systemic gaps: the absence of effective tools to control the demand side of transnational bribery and corruption—the corrupt solicitation of a benefit—especially when it involves a public official.

Keynote Address, Preet Bharara

Fordham Law Review

   Thank you, professor, for that introduction. It was quite the introduction. It is true my brother started a very successful online diaper company. It was mentioned that we do not have enough followers on our Twitter feed. My brother is a much more clever member of the family. My recollection is that when he started that company, he had a slogan—he and some folks came up with this slogan for the diaper company—which was—and it was emblazoned on a t-shirt which was one of the few perks of being related to somebody who started a company, and I from time …

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

The Uncomfortable Truths And Double Standards Of Bribery Enforcement, Mike Koehler

Fordham Law Review

    In recent years, Foreign Corrupt Practices Act (FCPA) enforcement has become a top priority for the U.S. government, and government enforcement officials have stated that “we in the United States are in a unique position to spread the gospel of anti-corruption” and that FCPA enforcement ensures not only that the United States “is on the right side of history, but also that it has a hand in advancing that history.”

    However, the FCPA is not the only statute in the federal criminal code concerning bribery. Rather, the FCPA was modeled in large part after the U.S. domestic bribery statute, and …

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.