State and Local Government Law Commons^™

More's The Pity: Patmore V. Town Of Chapel Hill And The Continuing Uncertainty Over North Carolina Judicial Construal Of Local Authority, Heyward Earnhardt

North Carolina Central Law Review

No abstract provided.

Under Scrutiny: Judicial Review, King Ex Rel. Harvey-Barrow V. Beaufort County Board Of Education, And The Fundamental Right To Education In The State Of North Carolina, Mary Jean Tkach

North Carolina Central Law Review

No abstract provided.

Governing Hydraulic Fracturing Through State-Local Dynamic Federalism: Lessons From A Florida Case Study, Courtney Walmer

Florida State University Law Review

No abstract provided.

Testing The Geographical Proximity Hypothesis: An Empirical Study Of Citations To Nonbinding Precedents By Indiana Appellate Courts, Kevin Bennardo

Notre Dame Law Review Reflection

This Article analyzes the citation patterns of the Indiana Supreme Court and the Indiana Court of Appeals from 2012 and 2013. The research underlying this Article involved a study of 1324 opinions from that time period. In those opinions, the Indiana appellate courts cited to out-of-state judicial decisions 738 times. This Article analyzes those citations to test the hypothesis that state courts are more likely to turn to decisions of geographically proximate state courts for guidance when homespun precedent is lacking. The evidence points to the conclusion that, while geographical proximity bears on persuasiveness, it does not cross regional divides. …

Marijuana, Federal Power And The States, Jonathan H. Adler

Faculty Publications

It is not often that states affirmatively seek to legalize conduct prohibited by federal law. Rarer still do states seek to expressly authorize and affirmatively regulate commercial activities that remain subject to federal prohibition. Yet that is precisely what is occurring with marijuana. Indeed, what the federal government seeks to prohibit, many states hope to tax.

The insistence of multiple states on experimenting with various levels of marijuana decriminalization or legalization raises a host of important and difficult legal questions. To explore these questions, and the emerging landscape of marijuana law and policy, the Center for Business Law & Regulation …

Perspectives - Cannon Design’S Open Hand Studio, James Hagy, Sahar Nikanjam

Rooftops Project

Not only can architects create great space, they can also inspire better connections between the built environment and the social sector. John Syvertsen, Chris Lambert, and Ashley Marsh talk with Sahar Nikanjam and Professor James Hagy of The Rooftops Project about their work with not-for-profit organizations through architectural firm Cannon Design’s Open Hand Studio initiative.

Professor Gerald Korngold On Conservation Easements, James Hagy, Katherine Disalvo, Naveed Fazal

Rooftops Project

The Rooftops Project’s Katherine DiSalvo and Naveed Fazal talk with New York Law School Professor and conservation easement scholar, Gerald Korngold.

Profiles - The Rubin Museum Of Art, James Hagy, Payal Thakkar

Rooftops Project

For over two centuries, New York City’s arts and culture have been enhanced by visionary founders of museums designed to house collections the founders themselves treasured. That tradition continues with the installation of a remarkable collection in the equally remarkable transformation of a former clothing store. The Rooftops Project’s Payal Thakkar and Professor James Hagy visit with Patrick Sears, Executive Director of The Rubin Museum of Art in New York City.

Profile - Human Rights Watch, James Hagy, Mehgan Gallagher

Rooftops Project

Rooftops Project Profile - Human Rights Watch - Every day, not-for-profit organizations face “stay or move” choices when they approach the end of their leases. Making predictions about space, and making space work, can be challenging. How did one such organization assess its choices as a tenant in one of the most iconic buildings in Manhattan? The Rooftops Project’s Mehgan Gallagher speaks with David Bragg at Human Rights Watch.

The Arkansas Supreme Court’S Unconstitutional Power Grab In Arkansas Department Of Human Services V. Shelby And The Judiciary’S Authority In Child-Welfare Cases, Jerald A. Sharum

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fifth Amendment And Takings—Courts And The Judicial Process Will Impede Orderly City Development By Limiting Local Governments’ Use Of Exactions In Development Planning. Koontz V. St. Johns River Water Management District, 133s. Ct. 2586 (2013)., Rebecca L. Matlock

University of Arkansas at Little Rock Law Review

No abstract provided.

Bias In Disguise: The Constitutional Problems Of Arkansas’S Intrastate Commerce Improvement Act, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone

The Journal of Appellate Practice and Process

No abstract provided.

The New State Sovereignty Movement, Austin L. Raynor

Indiana Law Journal

In the past decade, states across the country have enacted a flood of legislation to resist perceived federal encroachments on their sovereignty. These opposition statutes assume a variety of forms: some, for instance, merely prohibit state officers from assisting in the enforcement of federal law, while others purport to nullify particular federal regulations. In the fields of controlled substances, immigration, and healthcare, among others, state acts of protest have stimulated the national debate and influenced legal obligations in important ways.

This Article provides the first comprehensive overview of this nascent state sovereignty movement. It categorizes opposition enactments according to the …

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

Articles

An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

State-To-State Child Adoption Variations: A Political Culture Perspective, Erica Trabing

Political Science Theses and Capstones

The domestic adoption system throughout the United States has been complex yet crucial in starting millions of families over the years. About 7 million Americans are considered adopted persons, and as many as 100 million Americans have adoption in their immediate families. Though these numbers seem impressive, there are still 130,000 children in the U.S. foster care system waiting to be adopted. Adoptions in the US fall into one of three main categories. The first is adoption of children from the public foster care system, the second is adoption through private adoption agencies or independently, and the final category is …

Fifty States, Fifty Attorneys General, And Fifty Approaches To The Duty To Defend, Neal Devins, Saikrishna B. Prakash

Faculty Publications

Whether a state attorney general has a duty to defend the validity of state law is a complicated question, one that cannot be decided by reference either to the oath state officers must take to support the federal Constitution or the supremacy of federal law. Instead, whether a state attorney general must defend state law turns on her own state’s laws. Each state has its own constitution, statutes, bar rules, and traditions, and not surprisingly, the duties of attorneys general vary across the states. To simplify somewhat, we believe that there are three types of duties. One set of attorneys …

The Falcon Cannot Hear The Falconer: How California's Initiative Process Is Creating An Untenable Constitution, Rudy Klapper

Loyola of Los Angeles Law Review

Californians have always cherished the idea that ultimate political power lies in the people, an idea best represented by the state’s hugely influential initiative process. Today, however, that initiative power threatens to spiral out of control, thanks in large part to the California Supreme Court’s inability to construe appropriate limits on it. This has created an unbalanced government where the rights of minorities are easily circumscribed and the financial and political infrastructure of the state is in danger of buckling under the combined weight of dozens of initiatives. This Article argues that the judiciary’s haphazard interpretation of various rules and …

Privacy Issues And The Paparazzi, Devan Orr

Library Staff Publications

In order to understand the current statutes and their implication for privacy issues, Part I explores the history of the paparazzi and their invasion into the lives and privacy of celebrities as a safety concern. Part II reviews the history of both California Penal Code 11414 and California Civil Code 1708.8. Part III examines the text of California Penal Code 11414 and California Civil Code 1708.7, 1708.8, and 1708.9, as amended by the three bills. Part IV analyzes how the statutes as amended interact with the common law torts of intrusion and trespass and discusses how the statutes interact with …

Mapping Coastal Risks And Social Vulnerability: Principles And Considerations, Shana Jones

Virginia Coastal Policy Center

No abstract provided.