Cooperation, Commandeering, Or Crowding Out?: Federal Intervention And State Choices In Health Care Policy,
2011
William & Mary Law School
Cooperation, Commandeering, Or Crowding Out?: Federal Intervention And State Choices In Health Care Policy, Jonathan H. Adler
Faculty Publications
This Article's analysis proceeds in three parts. Part II of this article outlines the policy considerations in determining the proper federal and state balance in health care policy. There are strong arguments for state primacy in health care policy, but also substantial justifications for federal intervention. Part III discusses the concept of "cooperative federalism," under which the federal government encourages state governments to implement policies in accord with federal priorities, and identifies constitutional limitations on the federal government's ability to direct or even influence state policy choices. Even if the constitutional challenges to the individual mandate fails, federalism-based challenges to …
Assessing The State Of State Constitutionalism,
2011
Vanderbilt University Law School
Assessing The State Of State Constitutionalism, Jim Rossi
Vanderbilt Law School Faculty Publications
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s welcome new book, The Law of American State Constitutions (Oxford University Press, 2009). After summarizing the content of Williams’s book, it discusses the normative significance of his work, focusing especially on his discussion of independent state constitutions and the positive theory of interpretation he advances. The essay concludes by highlighting some areas where the field of state constitutional law is in need of further advancement, including research that positions state constitutions within …
Assessing The State Of The State Constitutionalism,
2011
Florida State University College of Law
Assessing The State Of The State Constitutionalism, Jim Rossi
Michigan Law Review
Robert Williams's The Law of American State Constitutions is an impressive career accomplishment for one of the leading academic lawyers writing on state constitutions. Given the need for a comprehensive, treatise-like treatment of state constitutions that transcends individual jurisdictions, Williams's book will almost certainly become the go-to treatise for the next generation of state constitutional law practitioners and scholars. The U.S. Constitution has a grip on how the American legal mind approaches issues in American constitutionalism, but an important recurring theme in Williams's work (as well as that of others) is how state constitutions present unique interpretive challenges. More than …
Courthouses Vs. Statehouses?,
2011
Stanford Law School
Courthouses Vs. Statehouses?, William S. Koski
Michigan Law Review
Just over twenty years ago, the Kentucky Supreme Court declared the commonwealth's primary and secondary public-education finance system-indeed, the entire system of primary and secondary public education in Kentucky-unconstitutional under the "common schools" clause of the education article in Kentucky's constitution. That case has been widely cited as having ushered in the "adequacy" movement in school-finance litigation and reform, in which those challenging state school-funding schemes argue that the state has failed to ensure that students are provided an adequate education guaranteed by their state constitutions. Since the Rose decision in Kentucky, some thirty-three school-finance lawsuits have reached final decisions …
The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment,
2011
University of Nevada, Las Vegas
The Analyses Of State And Federal Medical Marijuana Laws And How They Apply To Employment, Lizaveta Sergeev
UNLV Theses, Dissertations, Professional Papers, and Capstones
The purpose of this study is to analyze and discuss the current discrepancies in the legal system as it applies to medical marijuana in the employment sector. The laws regarding the legalization of medical marijuana are relatively new and have many constraints when applied to employment. On the federal level, medical marijuana remains illegal. Many states have passed some form of legislation legalizing medical marijuana. Unfortunately, only two states have laws that protect users from being discriminated in employment. This leaves employers and employees uncertain about what actions to take when dealing with medical marijuana in the employment sector.
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?,
2011
University of the District of Columbia School of Law
Same Sex Marriage: Does The Constitution Or State Constitution Support Same-Sex Marriages?, Sonja Seehusen
University of the District of Columbia Law Review
No abstract provided.
A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts,
2011
University of the District of Columbia School of Law
A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey
University of the District of Columbia Law Review
This note explores the premise that the Council contract review process applies to all non-exempt agency contracts which meet the $1 million or multiyear thresholds. The first section explores the history of procurement law in the District of Columbia. The second section discusses procurement reform efforts. The third section provides an overview of the parks and recreation contracts controversy. Finally, the fourth section analyzes the procurement authority of exempt and non-exempt District agencies with respect to the legislative powers granted to the Council of the District of Columbia.
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice,
2011
University of the District of Columbia School of Law
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management,
2011
Case Western Reserve University School of Law
Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)
Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc.,
2011
Case Western Reserve University School of Law
Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-34 (GonzOil Inc., Kral Well #1D)
Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management,
2011
Case Western Reserve University School of Law
Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2009-19
Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach,
2011
Brigham Young University Law School
Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde
BYU Law Review
No abstract provided.
Issue 3: Table Of Contents,
2011
University of Richmond
Report Relative To The Finance Operations Of The Town Of Norwell, Massachusetts,
2011
Edward J. Collins, Jr. Center for Public Management, University of Massachusetts Boston
Report Relative To The Finance Operations Of The Town Of Norwell, Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston
Edward J. Collins Center for Public Management Publications
At the request of the Norwell Board of Selectmen, the Collins Center for Public Management has conducted a review of the finance operations of the Town. The Center’s mandate was to assess the finance operations to identify opportunities to improve efficiency and effectiveness. To fulfill its mandate, the Center took four steps: (1) Review of Town documents, (2) Interviews with staff and members of various Boards, (3) Review of related research on other communities, and (4) Conversations with additional experts in municipal finance. As with all Massachusetts municipalities, the Town of Norwell is facing a difficult fiscal environment. Norwell also …
The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest,
2011
University of Michigan Law School
The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest, Alan J. Alexander
University of Michigan Journal of Law Reform
In 2011, Texas is again at the forefront of an energy boom: the wind energy boom. In 2006, Texas surpassed California and became the US. state with the most installed capacity to produce wind energy, and Texas' level of installed capacity has continued to grow. But the law has not kept pace with this growth. Similar to the initial growth of the oil and gas industry in Texas, the wind energy industry was also born, and continues to grow, in the absence of clear legal and regulatory standards. Lack of regulation in the early development of the oil industry contributed …
How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life,
2011
University of Richmond
How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss
Richmond Journal of Law and the Public Interest
Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment,
2011
University of New Hampshire School of Law
Pledge Your Body For Your Bread: Welfare, Drug Testing, And The Inferior Fourth Amendment, Jordan C. Budd
Law Faculty Scholarship
Proposals to subject welfare recipients to periodic drug testing have emerged over the last three years as a significant legislative trend across the United States. Since 2007, over half of the states have considered bills requiring aid recipients to submit to invasive extraction procedures as an ongoing condition of public assistance. The vast majority of the legislation imposes testing without regard to suspected drug use, reflecting the implicit assumption that the poor are inherently predisposed to culpable conduct and thus may be subject to class-based intrusions that would be inarguably impermissible if inflicted on the less destitute. These proposals are …
Local Energy,
2011
Florida State University College of Law
Local Energy, Hannah J. Wiseman, Garrick B. Pursley
Scholarly Publications
At a point in the future that is no longer remote, renewable energy will be a necessity. The construction of large renewable energy farms is central to a transition away from fossil fuels, but distributed renewable energy technologies—wind turbines in backyards and solar panels on roofs—are immediately essential as well. Widespread deployment of distributed renewable technologies requires rapid innovation led by renewable energy pioneers—individuals who act as market leaders and prove to their neighbors that these new energy devices are safe and worthy of use. Existing law and the very structure of governmental authority over energy is ill-suited to this …
Trusts & Estates (Annual Survey Of Michigan Law, June 1, 2011 - May 31, 2012),
2011
Wayne State University
Trusts & Estates (Annual Survey Of Michigan Law, June 1, 2011 - May 31, 2012), Susan E. Cancelosi
Law Faculty Research Publications
The Survey period began only two months after the Michigan Trust Code took effect. Thus, attorneys handling matters subject to the new trust law were only beginning to delve into how their practices will change. At the same time, estate planners who handle larger estates spent the first part of the Survey period on edge about federal estate tax uncertainty. Although Congress in mid-December 2010 did act to extend the estate tax relief of the past decade, it did so only temporarily, leaving many questions for future planning. With the new Michigan Trust Code and the federal estate tax changes, …
The People's Trade Secrets,
2011
Elon University School of Law
The People's Trade Secrets, David S. Levine
Michigan Telecommunications & Technology Law Review
The content of administered public school exams, modifications made by a government to its voting machines, and the business strategies of government corporations should be of interest to the public. At a minimum, they are the kinds of information that a government should allow its citizens to see and examine. After all, the public might have some legitimate questions for its government: Is that public school examination fair and accurate? Is that voting machine working so that my vote gets counted? To whom or what is that government agency marketing and are kickbacks involved? One would think that the government …
