State and Local Government Law Commons^™

Estamos Bien En El Refugio Los 33 Una Historia De Las Organizaciones Mineras Y Su Lucha Por La Seguridad En La Minería., Bram Sable-Smith

Independent Study Project (ISP) Collection

This investigation focuses on the history of security in the mining sector of Chile, and attempts to do so from the perspective of the miners’ and workers’ unions. The aim of the investigation was to explore specifically the changes coming regarding security in mining in the aftermath of the accident in the San José mine of August 5, 2010; changes in the government, changes in the country’s legislation, and what role the workers’ organizations are playing in these changes, and what changes it is that they are asking for.

At the end of the investigation it still remained to be …

Erie And Federal Criminal Courts, Wayne A. Logan

Vanderbilt Law Review

State and federal courts have long engaged in intersystemic adjudication,' interpreting and applying the constitutions, lawS, and regulations of one another's governments. Perhaps the best known instance in the civil litigation realm occurs with federal diversity jurisdiction, where, as a result of Erie Railroad Co. v. Tompkins, federal courts resolve federal civil claims on the basis of state substantive laws.

With criminal laws, however, the phenomenon has been and remains less apparent. This is in significant part due to the principle that such laws embody sovereign normative preferences, susceptible to neither enforcement nor jurisprudential control by other governments. Nevertheless, some …

Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy

Rooftops Project

The Rooftops Project's first national field study of the attitudes and approaches of not-for-profit organizations with respect to the owned, leased or hosted real estate that supports their core missions and operations.

Presumed Guilty Until Proven Innocent: The Burden Of Proof In Wrongful Conviction Claims Under State Compensation Statutes, Daniel S. Kahn

University of Michigan Journal of Law Reform

Despite significant efforts to uncover and prevent wrongful convictions, little attention has been paid to the compensation of wrongfully convicted individuals once they are released from prison. State compensation statutes offer the best path to redress because they do not require the claimant to prove that the state was at fault for the wrongful conviction and because they are not susceptible to the same political influences as other methods of compensation. However, even under compensation statutes, too many meritorious claims are dismissed, settled for far too little, or never brought in the first place. After examining the current statutory framework, …

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create …

Information Technology Review: Prepared For The Ipswich Town-School Collaboration Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This Information Technology Review addresses the scope of work in the context of Ipswich as a $36 million enterprise and in part answers the question: how would a $36 million business need to plan, invest in, manage and deploy IT if it were to survive and thrive in a competitive environment? The IT Review was conducted during June 2010.

Analysis Of The Administration Of Human Resources: Prepared For The Ipswich Town-School Coordination Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Town of Ipswich, acting for its Town-School Coordination Committee, contracted with the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to undertake a review of the Human Resources (HR) management, Recreation Department programming, and the Information Technology needs of the Town and School Department. The review was undertaken to assess how collaborative approaches might enhance the effectiveness of each of these municipal functions. The Collins Center has published a report on each of these topics. The overall Project Manager was Senior Associate Richard Kobayashi. The HR report was prepared by Collins Center Associate …

Recreation Programming Study: Prepared For The Town-School Coordination Committee, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The Town of Ipswich, acting for its Town-School Coordination Committee (the Committee) contracted with the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston to conduct a preliminary assessment of the current recreation program offerings of the Town Recreation Department, the Ipswich School Department and the Ipswich YMCA to assist the Committee in discussing options to optimize programming. Project Leader for the assessment was Center Senior Associate Richard Kobayashi. Associate Chris Howell performed the on site work and was the principal author of the report. Specific objectives of the assessment included:

1. Identifying areas of programming …

The Least Of These: A Constitutional Challenge To North Carolina's Sexual Offender Laws And N.C. Gen. Stat. Sec. 14-208.18, Brian P. Livecchi

North Carolina Central Law Review

No abstract provided.

Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee

North Carolina Central Law Review

No abstract provided.

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that both …

Rhetorical Federalism: The Value Of State-Based Dissent To Federal Health Reform, Elizabeth Weeks Leonard

Scholarly Works

This Article makes the affirmative case for the widespread trend of state resistance to the recently enacted, comprehensive federal health reform law, the Patient Protection and Affordable Care Act of 2010, or ACA. A significant number of states have engaged in various forms of objection to the new federal laws, including filing lawsuits against the federal government, enacting laws providing that ACA will not apply to residents of the state, and refusing to cooperate with implementing the new laws. This Article identifies reasons why those actions should not be disregarded simply as Tea Party antics or election-year gamesmanship but instead …

Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance, Hoseph #1D Well (Everflow Eastern Partners, L.P.)

Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-28

Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-27

Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-26

Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-25

Insterstitial Exclusivities After Association For Molecular Pathology, Mary Mitchell, Dana A. Remus

Michigan Law Review First Impressions

The high profile cases Bilski v. Kappos and Association for Molecular Pathology v. United States Patent and Trademark Office have renewed public debate about the proper scope of patentable subject matter. The subject matter inquiry has traditionally been treated as a threshold inquiry in patent law, serving a gate-keeping function by defining the types of inventions that are eligible for patent protection. The Patent Office and courts have approached the subject matter inquiry both by determining whether an invention falls into a statutory category-processes, machines, manufactures, or compositions of matter-as well as by determining whether an invention falls into a …

Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusion In The Local Political Process, Matthew J. Parlow

Michigan Journal of Race and Law

Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America's major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help address …

Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15