State and Local Government Law Commons^™

State Constitutionalism And The Right To Health Care, Elizabeth Weeks Leonard

Scholarly Works

This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …

Appeal No. 0820: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0821: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0819: Robert D. Armstrong V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-03, 2010-04 & 2010-06

Appeal No. 0813: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management And James & Frances Mcgee, Ruth Cooper, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-17 (English #1 Well)

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

University of Michigan Journal of Law Reform

So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership.

This Article looks at state and local government law, and particularly at financing mechanisms created by state law …

Independent Information Technology Assessment: Prepared For The Town Of Middleborough And The Middleborough School Department, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This Independent Information Technology Assessment (IT Assessment) arose from long­standing concerns among various elected and appointed officials in the Town of Middleborough about the efficiency and effectiveness of the procurement and deployment of information technology (IT) in both the Town and in the School Department. At Middleborough’s direction, the IT Assessment specifically excluded the Police and Fire Departments as well as the Middleborough Gas and Electric Department.

Recognizing the need for a completely independent analysis of these issues, Middleborough contracted with the Edward J. Collins, Jr. Center for Public Management (the Collins Center), located within the McCormack Graduate School of …

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.

Analysis Of The Delivery Of Public Services On Martha's Vineyard: Prepared For The Martha's Vineyard Commission And The County Of Dukes County, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

This report was commissioned by the Martha’s Vineyard Commission through the Edward J. Collins, Jr. Center for Public Management at the University of Massachusetts Boston and was funded by the Massachusetts Department of Housing and Community Development – District Local Technical Assistance Program. The report was prepared and presented by The Executive Suite for an analysis of the delivery of public services on Martha’s Vineyard. The purpose of the analysis is -

1. Inventory what existing services are delivered at various levels of local and regional government; prepare a list of services that are presently delivered, or could be delivered, by …

Appeal No. 0817: Seagull Development Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-59

The Nature Of Abuse Clerical V. Material Error Where Does North Carolina Stand, Brittany N. Guffey

North Carolina Central Law Review

No abstract provided.

Recent Developments In Community Foundation Law: The Quest For Endowment Building, Mark Sidel

Chicago-Kent Law Review

Using legal and judicial means to build community foundation assets are the focus of some of the more interesting recent developments in community foundation law. This article discusses a recent state supreme court case that pitted a com- munity foundation against a trustee bank for control over the management and investment of a trust for the benefit of the community foundation; state incentive programs for community foundations, including tax credits and the use of gambling revenues to build community foundation assets; the growth of community foundation self-regulation; and other new developments that converge on a key issue—building endowment—that faces the …

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …

Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman

Political Science Theses and Capstones

Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

Gubernatorial Removal And State Supreme Courts, William E. Raftery

The Journal of Appellate Practice and Process

No abstract provided.

State Supreme Court Opinions As Law Development, Victor Eugene Flango

The Journal of Appellate Practice and Process

No abstract provided.

The Variation In Third Party Politics Across The American States, Trevor Grunwald

Political Science Theses and Capstones

It seems that third party candidates and third parties themselves are usually just a flash in the pan, who once in a while seem to get their fifteen minutes of fame. Ross Perot a native Texan created lots of havoc on the 92 and 96 presidential elections. Also in the great state of Minnesota in 1998 Jesse Ventura became Governor while being a third party candidate. One can’t help but wonder who the next big third party candidate will be, and from which state they will come. Will this person come from a conservative state a liberal state, or will …

A Double Blessing, Our State And Federal Constitutions, Judith S. Kaye

Pace Law Review

No abstract provided.

Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago

Pace Law Review

No abstract provided.