Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

16,721 Full-Text Articles 11,595 Authors 8,608,838 Downloads 191 Institutions

All Articles in State and Local Government Law

Faceted Search

16,721 full-text articles. Page 242 of 298.

A Reasonable Expectation Of Privacy Online: "Do Not Track" Legislation, Alicia Shelton 2014 Saul Ewing LLP

A Reasonable Expectation Of Privacy Online: "Do Not Track" Legislation, Alicia Shelton

University of Baltimore Law Forum

This year marked the twenty-fifth anniversary of the World Wide Web (“Web”), and more than 81% of Americans are now using the internet on a regular basis. Yet, despite the fact that key pieces of personally identifying information—name, address, phone number, email address, and birthday—and sensitive personal data—political opinions, racial or ethnic origin, religious beliefs, and health—can be learned through tracking an individual’s online activity, there continues to be a void of federal legislation protecting the privacy of internet users. In the absence of federal action, state legislatures are tasked with regulating electronic surveillance by both private companies and the …


State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long 2014 Wayne State University

State Constitutional Études: Variations On The Theme Of A Contemporary State Constitutional Problem, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Recent Development: Springer V. Erie Ins. Exch.: An Insurer May Not Invoke A Business Pursuit Exclusion To Abandon Its Duty To Defend Without Considering The Continuity And Profit Motive Of Its Insured's Business, Lauren Ellison 2014 University of Baltimore Law

Recent Development: Springer V. Erie Ins. Exch.: An Insurer May Not Invoke A Business Pursuit Exclusion To Abandon Its Duty To Defend Without Considering The Continuity And Profit Motive Of Its Insured's Business, Lauren Ellison

University of Baltimore Law Forum

The Court of Appeals of Maryland held that for a third party complaint to trigger a “business pursuits” exclusion, the insurer must consider the insured’s business continuity and profit motive. Springer v. Erie Ins. Exch., 439 Md. 142, 146, 94 A.3d 75, 78 (2014). The court further held that the allegations made in the third party’s complaint were insufficient to trigger the “business pursuits” exclusion.


University Of Baltimore Law Forum Volume 45 No. 1 (Fall 2014) Front Matter, 2014 University of Baltimore Law

University Of Baltimore Law Forum Volume 45 No. 1 (Fall 2014) Front Matter

University of Baltimore Law Forum

No abstract provided.


Chapter 11: Expanding Gubernatorial Access To Closed Session Agency Meetings, Megan DeHerrera 2014 Pacific McGeorge School of Law

Chapter 11: Expanding Gubernatorial Access To Closed Session Agency Meetings, Megan Deherrera

McGeorge Law Review

No abstract provided.


California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers 2014 UIC School of Law

California’S Eavesdropping Law Endangers Victims Of Domestic Violence, 31 J. Marshall J. Info. Tech. & Privacy L. 57 (2014), John E.B. Myers

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin 2014 Chicago-Kent College of Law

Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin

Chicago-Kent Law Review

Contingency fee agreements between local tax assessors and contract auditors on the one hand, and property owners and private tax consultants on the other, create perverse financial incentives that undermine the integrity of state and local property tax administration. When local governments engage outside auditors to identify undervalued or escaped taxable property, the practice raises serious due process and ethical concerns. As a matter of policy, diverting a share of property tax revenue to private third parties in consideration for outsourced tax assessment services undermines public accountability and reduces net property tax revenue for local government services. And when states …


Response: Means, Ends, And Institutions, Charlton C. Copeland 2014 University of Miami School of Law

Response: Means, Ends, And Institutions, Charlton C. Copeland

Articles

No abstract provided.


Recent Development: Fuster V. State: An Indigent Petitioner Is Not Entitled To Counsel For A Post Conviction Petition As The Decision Is Within The Court's Discretion, Bradley T. Bald 2014 University of Baltimore Law

Recent Development: Fuster V. State: An Indigent Petitioner Is Not Entitled To Counsel For A Post Conviction Petition As The Decision Is Within The Court's Discretion, Bradley T. Bald

University of Baltimore Law Forum

The Court of Appeals of Maryland held that Maryland Rule 4-707(b) does not entitle an indigent petitioner to counsel for purposes of a post conviction petition for DNA testing. Fuster v. State, 437 Md. 653, 657-58, 89 A.3d 1114, 1116 (2014). In addition, the court held that the circuit court did not abuse its discretion by failing to consider whether to appoint the petitioner counsel under under section 8-201 of the Maryland Criminal Procedure Code. Id. The court further held that the circuit court used the correct legal standard in ruling on the petition. Id. Finally, the court held that …


Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom 2014 University of Baltimore Law

Recent Development: In Re Victoria C.: Children Are Third Parties For Purposes Of Child Visitation; Siblings Must Make A Prima Facie Case Of Parental Unfitness Or Exceptional Circumstances Before Applying The Best Interest Of Child Standard, Allyson Bloom

University of Baltimore Law Forum

The Court of Appeals of Maryland held that a child is considered a third party for purposes of sibling visitation rights. In re Victoria C., 437 Md. 567, 591, 88 A.3d 749, 764(2014). The court further held that the sibling seeking visitation with a minor sibling must first make a prima facie case showing parental unfitness or exceptional circumstances before the court can apply the best interest of the child standard.


Registering To Vote In Clark County, Rachel J. Anderson 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Registering To Vote In Clark County, Rachel J. Anderson

Media & Informal Publications

In this publication, distributed by the Las Vegas chapter of the National Bar Association, Professor Rachel J. Anderson provides clear direction and information for Nevada voters on the process of registering to vote and information on special circumstances surrounding registration.


Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak 2014 Deputy District Public Defender for District IV of Maryland

Charm City Televised & Dehumanized: How Cctv Bail Reviews Violate Due Process, Edie Fortuna Cimino, Zina Makar, Natalie Novak

University of Baltimore Law Forum

On May 28, 2013, Torrey Johnson5 struggles to raise both his hands, handcuffed and seated shoulder-to-shoulder between two other defendants in the first row of the closed circuit television (“CCTV” or “videoconference”) bail review hearing room within the Baltimore Central Booking and Intake Center (“Centeral Booking”). There are two more rows of defendants behind Mr. Johnson, all in yellow jumpsuits, being watched by correctional officers. Separated by a three-foot wall, Mr. Johnson’s public defender sits out of sight from the video camera’s field of view, about ten feet away from her client. The judge quickly reads through Mr. Johnson’s rights. …


Recent Development: Barnes V. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When The Execution Of A Warrant Was Delayed For Three Hours; Police May Detain A Suspect After The Warrant Execution If They Reasonably Suspect Criminal Activity, Harrison Bliss 2014 University of Baltimore Law

Recent Development: Barnes V. State: A Suspect's Detention Did Not Evolve Into De Facto Arrest When The Execution Of A Warrant Was Delayed For Three Hours; Police May Detain A Suspect After The Warrant Execution If They Reasonably Suspect Criminal Activity, Harrison Bliss

University of Baltimore Law Forum

The Court of Appeals of Maryland held that a three-hour delay in the execution of a warrant was reasonable and did not constitute de facto arrest. Barnes v. State, 437 Md. 375, 394, 86 A.3d 1246, 1257 (2014). The court of appeals also held that a short investigatory detention, following the execution of the warrant, did not suggest de facto arrest, and therefore did not require probable cause. Id. at 397, 86 A.3d at 1259. Finally, the court held that the evidence collected from the search of an individual’s storage unit was lawfully obtained because the officers had the requisite …


Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte, Nadya Cheatham 2014 University of Baltimore Law

Recent Development: Nash V. State: Jury Note Expressing Concern About Motives Behind A Juroror Ury Note Expressing Concern About Motives Behind A Jurororsumption Of Prejudice Requiring Voir Dire Sua Sponte, Nadya Cheatham

University of Baltimore Law Forum

The Court of Appeals of Maryland held that a note from a jury, containing allegations that a juror would change her original voting position if it meant she could go home earlier, did not raise a presumption of prejudice and therefore did not require the trial judge to conduct voir dire sua sponte. Nash v. State, 439 Md. 53, 94 A.3d 23 (2014). Additionally, the court held that the trial judge did not abuse her discretion when she chose to release the jurors and remind them of their duties under oath, rather than directly assuring the impartiality of the jurors. …


Recent Development: Motor Vehicle Admin. V. Deering: A Driver Whose License Is Suspended Under The "Implied Consent, Administrative Per Se Law" Is Not Entitled To Consult With An Attorney Before Deciding Whether To Take A Breath Test, Patrick Toohey 2014 University of Baltimore Law

Recent Development: Motor Vehicle Admin. V. Deering: A Driver Whose License Is Suspended Under The "Implied Consent, Administrative Per Se Law" Is Not Entitled To Consult With An Attorney Before Deciding Whether To Take A Breath Test, Patrick Toohey

University of Baltimore Law Forum

The Court of Appeals of Maryland held the implied consent, administrative per se law (“administrative per se law”) does not require that a suspected drunk driver be given the opportunity to consult an attorney before deciding whether to take a breath test. Motor Vehicle Admin. v. Deering, 438 Md. 611, 637, 92 A.3d 495, 511 (2014). The court found that the due process clause of the Fourteenth Amendment of the United States Constitution does not establish a pre-test right to counsel for a suspected drunk driver in an administrative proceeding.


Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan 2014 Maine District Court

Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan

Criminal Law Practitioner

No abstract provided.


Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear 2014 Office of the Attorney General, District of Columbia

Fighting Impaired Driving In D.C.: A Response To D.C. Disturbia, Melissa Shear

Criminal Law Practitioner

No abstract provided.


On Professionalism, Civility, & Discovery, Kathryn Todryk 2014 City of Franklin, Southampton County, and Isle of Wright County Virginia Public Defender's Office

On Professionalism, Civility, & Discovery, Kathryn Todryk

Criminal Law Practitioner

No abstract provided.


Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru 2014 Harvard Law School

Planned Parenthood V. Rounds & Informed Consent, Kate Aizpuru

The Modern American

No abstract provided.


Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong 2014 American University Washington College of Law

Bypassing Her Constitutional Rights: How The Nebraska Supreme Court Set A Damaging Precedent For Pregnant Minors Seeking Abortion Care, Carlie J. Armstrong

The Modern American

No abstract provided.


Digital Commons powered by bepress