State and Local Government Law Commons^™

The Emerging Virginia Constitution: Open Questions Of Interpretation, And How Their Resolution May Impact Unenumerated Rights, The Honorable Lisa M. Lorish, Elizabeth Putfark

University of Richmond Law Review

State constitutionalism is having a moment. While past publics were concerned almost exclusively with federal constitutional rights, it has recently become normal for national news publications to cover a state supreme court’s interpretation of its own constitution: Hawaii recently received significant attention for its methods of constitutional interpretation, which notably include deference to Hawaii’s traditional “spirit of Aloha”; the Montana Supreme Court’s interpretation of environmental protections in its constitution likewise received widespread media coverage; and state constitutions more generally have stepped into the limelight, particularly as they pertain to abortion rights no longer protected by the Federal Constitution under the …

Misusing Eminent Domain: Pretextual Takings For A Traditional Public Use, Cameron P. Hellerman

Fordham Law Review

Eminent domain is a powerful tool at the disposal of local, state and federal governments. The Fifth Amendment to the U.S. Constitution imposes two conditions on this sovereign power: the taking must be for “public use,” and the condemner must pay “just compensation” to the property owner. There are minimal guardrails in place to police potential misuse of the eminent domain power in the courts. The U.S. Supreme Court equates “public use” with “public purpose” and applies a deferential standard of review to a condemner’s determination that a taking serves a public purpose. Nonetheless, the Court in Kelo v. City …

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

“Very Little Cause At All”: The Erosion Of Job Security For Ohio Teachers, Philipp Corfman

Cleveland State Law Review

As education becomes an increasingly divisive partisan issue, with teachers caught in the crossfire, it is more important than ever that teachers have protection from unfair or politically-motivated terminations. The Ohio Teacher Tenure Act was enacted 80 years ago to give teachers this essential job security. However, this Note examines the bizarre fact that, after a recent series of state court opinions, the Act now gives Ohio teachers less job security than other unionized public employees. By essentially forbidding adjudicators of teacher terminations from considering proportionality, length of service, and due process, these holdings leave teachers in a far more …

Her Bun + My Oven = Our Child: Protecting The Legal Parentage Of Lgbtq+ Mothers And Their Children Conceived Via Reciprocal In Vitro Fertilization In Ohio, Courtney Hutchinson

Cleveland State Law Review

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Municipal Overreach: The Case Against Benefit-Based Land Use Exactions, Michael Krasna

Brooklyn Law Review

In the Summer of 2023, a quiet buzz was building in New York City that Madison Square Garden’s Special Permit—the land use vehicle that allows it to operate an arena— was in jeopardy. Contributing to the hubbub were discussions about a controversial form of land use regulation: benefit-based exactions. Exactions are requirements imposed on property owners by local governments whereby, in return for a discretionary land use approval, property owners dedicate a portion of their property to further the government’s interest or pay a fee in lieu thereof. While exactions are primarily used by a municipality when a new development …

Dental Board Of California, Isaiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Maya Patel, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Masthead

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Shun Lam, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Lisette Cruz, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.