Symbolic Politics For Disempowered Communities: State Environmental Justice Policies,
2014
Brigham Young University Law School
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Brigham Young University Journal of Public Law
No abstract provided.
Applying Administrative Law Principles To Hydraulic Fracturing,
2014
University of Michigan Law School
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Michigan Law Review First Impressions
The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …
Administrative Law,
2014
University of Richmond School of Law
Administrative Law, John Paul Jones, John R. Mohrmann
University of Richmond Law Review
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop,
2014
Edward J. Collins, Jr. Center for Public Management, University of Massachusetts Boston
Five Year Strategic Plan For Economic Development: Prepared For The Town Of Winthrop, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston
Edward J. Collins Center for Public Management Publications
In the spring of 2014, the Town of Winthrop hired the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to help develop a Strategic Plan for Economic Development. The Center’s project team began its work by carefully analyzing data in order to understand Winthrop’s current business environment, and to learn how it has changed over time. Multiple sources of information were used, including the Census Bureau’s Decennial Census, American Community Survey, and County Business Patterns, data from the Bureau of Labor Statistics, and Claritas retail leakage data. In addition, the project team distributed and …
Federal Visions Of Private Family Support,
2014
Vanderbilt University Law School
Federal Visions Of Private Family Support, Laura A. Rosenbury
Vanderbilt Law Review
The individual states have long played a primary role in defining the legal family in the United States, with states often determining who does and does not enjoy the legal status of spouse, parent, and child. Two recent U.S. Supreme Court cases, Astrue v. Capatol and United States v. Windsor,2 acknowledged and affirmed the diverse definitions of family that flow from this federalist approach. Yet these cases do not solidify the states' place in defining family for purposes of marriage, parentage, divorce, and death. Instead, they foreshadow an increasingly federal conception of family status-a conception that values private family support …
Civil Practice And Procedure,
2014
Hirschler Fleischer, P.C., Richmond, Virginia.
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases,
2014
University of Richmond School of Law
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure,
2014
Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the "take- away" of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.
Health Care Law,
2014
Hancock, Daniel, Johnson & Nagle, P.C., Richmond, Virginia
Health Care Law, Sean P. Byrne, Garrett Hooe
University of Richmond Law Review
No abstract provided.
Vertical Power,
2014
William & Mary Law School
Vertical Power, Michael S. Green
Faculty Publications
Many legal scholars and federal judges - including Justices Ginsburg and Scalia - have implicitly assumed that a state can extend its procedural law solely to federal courts within its borders. To date, however, no one has identified this assumption, much less defended it. Drawing upon an example discussed by Chief Justice Marshall in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), I argue that such vertical power does not exist. Not only do states lack a legitimate interest in extending their law vertically, a state's assertion of vertical power would improperly discriminate against federal courts. If state …
Issue 1: Annual Survey 2014 Table Of Contents,
2014
University of Richmond
Issue 1: Annual Survey 2014 Table Of Contents
University of Richmond Law Review
No abstract provided.
Public Utilities Law,
2014
Assistant Attorney General, Office of the Attorney General of Virginia
Public Utilities Law, William T. Reisinger
University of Richmond Law Review
This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.
Taxation,
2014
McGuireWoods L.L.P., Richmond, Virginia
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant recent developments in the laws affecting Virginia taxation. Each section covers legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation (the "Tax Department") and the Virginia Attorney General over the past year.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome,
2014
University of Richmond School of Law
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
A Training Partnership That Began With A Grant,
2014
University of Maryland - Baltimore
A Training Partnership That Began With A Grant, Vernon Herron, Laura Hoch, Alexandra Podolny
Homeland Security Publications
No abstract provided.
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power,
2014
William & Mary Law School
Retained By The People: Federalism, The Ultimate Sovereign, And Natural Limits On Government Power, Stephanie Hall Barclay
William & Mary Bill of Rights Journal
Brewing tensions between state governments and the federal government have reached a boiling point unmatched since the civil rights debates of the 1960s. In light of the rapid expansion of federal power combined with colliding views on various policies, the call for states’ rights has increasingly become a rallying cry for lawmakers that has gained traction with groups on varying points along the political spectrum, as well as a frequent theory employed by the Supreme Court. While the system of federalism created by the Constitution certainly has its unique benefits, and while it is true that the federal government was …
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity,
2014
Seattle University School of Law
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer
Seattle University Law Review
It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation,
2014
Seattle University School of Law
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud,
2014
Seattle University School of Law
Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget
Seattle University Law Review
Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking the …
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution,
2014
Florida State University College of Law
The Failure And Future Of Lake Okeechobee Water Releases: A Quasi-Governmental Solution, Jacquelyn A. Thomas
Florida State University Law Review
No abstract provided.
