Post-Racial Proxy Battles Over Immigration,
2014
University of Washington School of Law
Post-Racial Proxy Battles Over Immigration, Mary D. Fan
Chapters in Books
Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of “illegals”—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs.
Arizona’s Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona’s controversial Senate Bill 1070, including Alabama’s even more aggressive …
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System,
2014
University of Richmond
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Richmond Public Interest Law Review
In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective,
2014
University of Richmond
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
Richmond Journal of Law and the Public Interest
With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia,
2014
University of Richmond
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Journal of Law and the Public Interest
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013,
2014
University of Richmond
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Richmond Journal of Law and the Public Interest
d it is good to be back here Friday to talk to this Veterans Law Symposium. The initial symposium on veterans law here at the law school and what an appropriate thing to do on an appropriate weekend as we get ready to celebrate Veteran's Day and I was honored to be asked to come and offer some thoughts. I want to talk about, just sort of current issues we are really grappling with, that are legal issues, in Congress, that might affect the practice that you would hope to do, that certainly affect the lives of our veterans and …
Sex Education In California: The Disconnect Between Legislation And Implementation,
2014
Scripps College
Sex Education In California: The Disconnect Between Legislation And Implementation, Elizabeth A. Silverman
Scripps Senior Theses
This thesis explores the fundamental disconnect between California’s image as a national champion of progressive youth sex education and the failure to implement and monitor the instruction of comprehensive sex education as outlined by sections 51930-51939 of the California Education Code.
Autonomy And Isomorphism: The Unfulfilled Promise Of Structural Autonomy In American State Constitutions,
2014
University at Buffalo School of Law
Autonomy And Isomorphism: The Unfulfilled Promise Of Structural Autonomy In American State Constitutions, James A. Gardner
Journal Articles
In the American system of federalism, states have almost complete freedom to adopt institutions and practices of internal self-governance that they find best-suited to the needs and preferences of their citizens. Nevertheless, states have not availed themselves of these opportunities: the structural provisions of state constitutions tend to converge strongly with one another and with the U.S. Constitution. This paper examines two important periods of such convergence: the period from 1776 through the first few decades of the nineteenth century, when states were inventing institutions of democratic governance and representation; and the period following the Supreme Court’s one person, one …
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare,
2014
Fordham University School of Law
Breaking Up Payday: Anti-Agglomeration Zoning & Consumer Welfare, Sheila R. Foster
Faculty Scholarship
In the last decade, dozens of local governments have enacted zoning ordinances designed to limit the concentration of payday lenders and other alternative financial services providers (AFSPs), such as check-cashing businesses and auto title loan shops, in their communities. The main impetus for these ordinances is to shield economically vulnerable residents from the industry’s lending practices in the absence of sufficiently aggressive federal and state consumer protection regulation. This Essay casts considerable doubt on whether zoning is the appropriate regulatory tool to achieve the consumer protection and welfare goals animating these ordinances. The author’s analysis of the aftermath of payday …
Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings,
2014
Benjamin N. Cardozo School of Law
Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings, Michael Galen
Cardozo Journal of Conflict Resolution
The subject of this Note is of importance to ADR practitioners: the incorporation of ADR into a new state law can mitigate a heated legal struggle involving state and federal law, while balancing the competing interests of powerful parties like local governments and large unions. This subject demonstrates the efficacy of ADR as applicable to bankruptcy law, a realm with which many ADR practitioners may be unfamiliar. This Note's case study focuses solely on California law and cases because California stands alone in its approach of mandating ADR as a precondition to a municipal bankruptcy filing. Since all states have …
Merging And Dissolving Special Districts,
2014
Washington University in St. Louis School of Law
Merging And Dissolving Special Districts, Conor Clarke
Scholarship@WashULaw
Special district governments exist in every state, providing services ranging from protection against fire to protection against fire ants. These governments are easy to form, but often they are difficult to dissolve or consolidate. Nevertheless, in many states, the number of special district governments is declining. This Comment draws on statistical analyses and interviews with government officials to explain the cause of this decline. It also discusses how existing legal frameworks may be revised to facilitate the efficient consolidation and dissolution of special district governments.
An Empirical Method For Materiality: Would Conflict Of Interest Disclosures Change Patient Decisions?,
2014
Boston University School of Law
An Empirical Method For Materiality: Would Conflict Of Interest Disclosures Change Patient Decisions?, Roy Spece, David Yokum, Andrea-Gale Okoro, Christopher Robertson
Faculty Scholarship
The law has long been concerned with the agency problems that arise when advisors, such as attorneys or physicians, put themselves in financial relationships that create conflicts of interest. If the financial relationship is “material” to the transactions proposed by the advisor, then non-disclosure of that information may be pertinent to claims of malpractice, informed consent, and even fraud, as well as to professional discipline. In these sorts of cases, materiality is closely related to the question of causation, roughly turning on whether the withheld information might have changed the decision of a reasonable advisee (i.e., patient). The injured plaintiff …
Detroit's Real Challenge,
2014
University of Michigan Law School
Detroit's Real Challenge, John A. E. Pottow
Articles
When Detroit became the largest city in U.S. history to file for bankruptcy, it was a bad thing—unless you have the unique world-view of a bankruptcy lawyer, in which case it was marvelous news, worthy of celebration.
Recent Development: Blackburn Ltd. P'Ship V. Paul: If A Trespasser Is A Member Of A Specific Class Protected By An Ordinance Or Statute, Property Owners Owe A Duty Of Care Despite Common Law Rule That No Such Duty Is Owed,
2014
University of Baltimore Law
Recent Development: Blackburn Ltd. P'Ship V. Paul: If A Trespasser Is A Member Of A Specific Class Protected By An Ordinance Or Statute, Property Owners Owe A Duty Of Care Despite Common Law Rule That No Such Duty Is Owed, Ame P. Roberts
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the Statute or Ordinance Rule might apply, regardless of the common law duty to trespassers. Blackburn Ltd. P’ship v. Paul, 438 Md. 100, 112, 90 A.3d 464, 471 (2014) (citing Brooks v. Lewin Realty III, Inc., 378 Md. 70, 78, 835 A.2d 616, 620-21 (2003)). The court further concluded that Christopher Paul was a member of the class intended to be protected by statute, and suffered those injuries that the statute sought to prevent. Id. at 126, 90 A.3d at 479. Finally, the court held that a genuine issue of material fact …
Maryland Personal Jurisdiction Law In The Cyberspace Content,
2014
Saul Ewing LLP
Maryland Personal Jurisdiction Law In The Cyberspace Content, Saad Gul
University of Baltimore Law Forum
A century ago, personal jurisdiction largely hinged on a simple litmus test: the defendant’s presence in the forum state. The issue of personal jurisdiction gained prevalence as the nation evolved from its earlier days of detached, semi-sovereign entities, whose citizens rarely interacted, to a nation where interstate commerce had increased, with interstate litigation growing correspondingly. In Pennoyer v. Neff, the Supreme Court of the United States effectively limited a state’s jurisdiction to persons physically present within its territorial borders. However, in today’s increasingly interconnected world, physical presence appears to represent an anachronism set in the post-Civil War, horse-and-buggy America of …
Agency Enforcement Of Spending Clause Statutes: A Defense Of The Funding Cut-Off,
2014
Georgetown University Law Center
Agency Enforcement Of Spending Clause Statutes: A Defense Of The Funding Cut-Off, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
This article contends that federal agencies ought more frequently to use the threat of cutting off funds to state and local grantees that are not adequately complying with the terms of a grant statute. Scholars tend to offer four arguments to explain—and often to justify—agencies’ longstanding reluctance to engage in funding cut-offs: first, that funding cut-offs will hurt the grant program’s beneficiaries and so will undermine the agency’s ultimate goals; second, that federalism concerns counsel against federal agencies’ taking funds away from state and local grantees; third, that agencies are neither designed nor motivated to pursue funding cut-offs; and fourth, …
Municipal Manifest Destiny: Constitutionality Of Unilateral Municipal Annexations,
2014
Brigham Young University Law School
Municipal Manifest Destiny: Constitutionality Of Unilateral Municipal Annexations, Dustin Cammack
BYU Law Review
No abstract provided.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County,
2014
University of California, Davis, School of Law
The Geography Of Racial Stereotyping: Evidence And Implications For Vra ‘Preclearance’ After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer
Publications
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This Article proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and who vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that …
Uelma - Another First For Colorado,
2014
University of Colorado Law School
Uelma - Another First For Colorado, Susan Nevelow Mart
Publications
No abstract provided.
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education,
2014
Unviersity of Michigan Law School
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education, Joshua Arocho
Michigan Law Review
What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families,
2014
University of Michigan Law School
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon
Other Publications
This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.
