State and Local Government Law Commons^™

Distorted And Diminished Tort Claims For Women, Jamie R. Abrams

Cardozo Law Review

Childbirth is distinctly characterized in tort law by the literal emergence of a potential putative plaintiff. This Article seeks to position the birthing woman - distinct from the pregnant woman or the parent - squarely within the negligence framework and, in doing so, to challenge prevailing assumptions dominating obstetric medical decision-making. The existence of two patients and two putative plaintiffs is unique to childbirth, yet largely unexamined in tort. This Article examines how the dominant focus on fetal harms in modern childbirth overshadows the birthing woman in tort and distorts the normative dualities of childbirth.

While theoretically childbirth falls within …

Public Duties, Private Rights: Privacy And Unsubstantiated Allegations In Washington’S Public Records Act, Robert E. Miller

Seattle University Law Review

Open government laws allow private citizens to monitor public servants. But this vital function of access presents a clash of competing interests: the privacy of public employees versus the public’s right to know. Washington’s Public Records Act (PRA) seeks to balance these interests, and the Washington Supreme Court has fought to adhere to the PRA’s spirit of open government while creating bright-line rules for the ease of government agencies. The Bainbridge Island Police Guild court held that investigative reports of unsubstantiated allegations of sexual misconduct against public officials are highly offensive to a reasonable person and that the public has …

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington

Seattle University Law Review

In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …

Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams

Pace Intellectual Property, Sports & Entertainment Law Forum

Roger I. Abram’s article on public financing of sports stadiums is an unedited portion of Chapter 9 from Abram’s forthcoming book, Playing Tough: The World of Sports and Politics, published by University Press of New England (2013).

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.

Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder

Pepperdine Law Review

No abstract provided.

The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Cracking The Tax Codes: How State Tax Laws Influence The Number Of Manufacturing Jobs Within Their Borders, Nick Lorenson

Political Science Theses and Capstones

With the recent economic downturn, jobs have been at the forefront of people’s concerns. Policy makers in every state have promised their constituents new jobs. Of particular importance are high paying jobs. Manufacturing jobs tend to be a well-paying and highly sought after form of employment. However, in recent decades, the percentage of manufacturing jobs has been declining in the United States. Also, manufacturing facilities have shown an increased likelihood of relocating to different states. I theorize that manufacturing facilities relocating and expanding in different states is primarily due to state tax policies. This phenomenon has increased within recent years …

An Analysis On The Effects Of Voter Id Laws And Minnesota’S Decision To Vote Against It, Amy Asell

Political Science Theses and Capstones

In recent years, the topic of voter identification has been a hotly contested issue in state legislatures around the country. Since 2003, nearly 1,000 bills concerning voter ID have been introduced in a total of forty-six states. In 2012 alone, voter ID legislation was pending in thirty-three states. On November 6, 2012, the citizens of the state of Minnesota voted on whether they supported an amendment to the state Constitution that would require all voters to present a valid photo ID in order to vote. Despite poll numbers indicating that a majority of Minnesotans supported the amendment the voter ID …

An Overview Of Arkansas' Right-To-Farm-Law, L. Paul Goeringer, H. L. Goodwin

Journal of Food Law & Policy

In the 1980s, state legislatures in all fifty states enacted statutes commonly referred to as "right-to-farm" laws. Arkansas enacted its right-to-farm law ("the Act") in 1981. While there are similarities, these laws differ from state-to-state. All right-to-farm laws provide agricultural producers with statutory defenses to nuisance challenges, subject to certain conditions. As one scholar has noted, right-to-farm laws are designed "to protect existing farm investments by reducing actions under nuisance law that enjoined agricultural activities." These laws also work to preserve farmland and protect established farmland from the pressures of urbanization, allowing "farmers to continue with their husbandry pursuits rather …

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …

Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Summaries Of Pennsylvania Administrative Agencies, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.