State and Local Government Law Commons^™

Does History Repeat Itself? Analyzing Montana's 2023 Draft Wolf Management Plan In Light Of Historical Misconceptions Of Wolves, Katelyn Jones

William & Mary Environmental Law and Policy Review

This Note intends to argue that Montana’s Draft Wolf Management Plan, when compared to other states’ plans, particularly Wisconsin’s, is inadequate because it contains many indicators of the antiquated societal bias that has plagued the wolf’s reputation for centuries. Part I begins with a historical overview of wolf hysteria and controversy beginning in Europe and extending to colonial America. Included in Part I is a specific focus on the treatment of wolves in Yellowstone and Montana during the early 1900s. Part I ends with an overview of the reintroduction of wolves into the [Greater Yellowstone Ecosystem] GYE and the success …

Law School News: From Ideas To Political Action 10-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Legal Malpractice In Florida: A Statistical Profile, Robert M. Jarvis, Debra Moss Vollweiler

St. Mary's Journal on Legal Malpractice & Ethics

Little empirical research exists about the incidence of legal malpractice. To help fill the gap, the authors spent 1,000 hours mining the Florida Office of Insurance Regulation’s legal malpractice database, a rich but underutilized resource. As their results make clear, every lawyer—no matter their gender, education, location, experience, or type of practice—is at risk of being sued for legal malpractice.

Want To Solve Labor Shortages? Relaxing The Child Labor Law Is Not The Answer, Yi Wu

Dickinson Law Review (2017-Present)

Recently, the United States has been engaged in a nationwide debate over loosening regulations regarding children’s employment. The Fair Labor Standards Act (FLSA) sets restrictions on the working hours of children under 16 and prohibits their employment in certain hazardous positions. However, some states, such as Iowa, Ohio, Arkansas, and Wisconsin, have either passed or are considering legislation allowing children to work longer hours or in potentially dangerous conditions in response to labor shortages. These new state laws conflict with existing federal regulations. This Comment discusses why states should refrain from relaxing their child labor laws to permit children to …

Back To The Future: Revisiting State Constitutions To Protect Against New Technological Intrusions, Matthew Radford

Washington and Lee Law Review

The Fourth Amendment is crucial for protecting Americans from government intrusion. However, new technologies such as pole cameras, reverse keyword searches, and geofence searches provide new ways for governments to gather information about individuals. As these new technologies develop, the Fourth Amendment has struggled to advance alongside this new technology.

Thankfully, the Fourth Amendment is not the only protection Americans have from government intrusion. Every single state has its own state constitution and analog to the Federal Fourth Amendment. In fact, some states had their own analog amendments even before the adoption of the Federal Fourth Amendment. While oftentimes the …

Country Roads, Take Me To Home Rule, Jesse J. Richardson Jr.

Law Faculty Scholarship

No abstract provided.

Recent Developments: Gonzalez V. State, Iman Aziz

University of Baltimore Law Forum

No abstract provided.

Access To Justice As Access To Data, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

This Keynote Address, delivered in celebration of the launch of SCALES, discusses the importance of making local and state court data available for research on the functioning of the American civil justice system. It describes the regulatory and administrative challenges of obtaining good-quality data from courts. It calls for a concerted effort among researchers and policymakers to develop open-source technologies for the development of case management systems and data infrastructure. And it urges researchers to foster a collaborative research ecosystem based on broadly sharing court data.

Masthead

California Regulatory Law Reporter

No abstract provided.

California State Athletic Commission, Celeste Franco, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

The State Statutes Project, Neel Guha, Diego A. Zambrano

Faculty Scholarship

State statutes are having a moment in national debates. Partly fueled by polarization, state legislatures have pushed the boundaries on almost every important national question, from abortion and regulation of social media, all the way to police lawsuits and drug use. Take, for instance, the by now well-known example of Texas Senate Bill 8. To avoid Roe v. Wade, the Texas Legislature enacted a statute that allowed private parties (really, anyone) to sue abortion providers. The kicker was that the statute prohibited government enforcement in order to prevent Ex parte Young style challenges in federal court. Or take Montana’s attempt …

Robbing Peter To Pay Paul: In The Absence Of School Finance Equity, Texas School Districts Forced To Choose Between Funding Academics Or Safety Reform, Emily Mann

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment addresses the intersection between two discussions frequenting the Texas legislative floor – school safety and school finance. Following the deadliest school shooting in Texas history, Texas public schools are under political pressure to “harden” campuses rapidly and at great expense. Unsurprising, however, the high costs accompanying safety investment, coupled with the lack of financial backing from the state, puts districts in a challenging position. Any discussion of investment in Texas public schools also triggers questions of equity.

Debate over lack of equity across Texas public schools is no stranger to the Texas Supreme Court. Nonetheless, inequity persists in …

Felony Disenfranchisement And Voter Turnout: Randomized Trials In Iowa And Washington, Alexander Billy, J.J. Naddeo, Neel U. Sukhatme

Northwestern University Law Review

Prior to the 2022 midterm elections, we conducted large-scale randomized controlled trials in Iowa and Washington aimed at increasing voter turnout among newly enfranchised individuals with past felony convictions. Alongside national and grassroots partners, we designed and implemented experiments to ascertain the effectiveness of alternative outreach mechanisms, including targeted mailers and digital ads. We did not detect statistically significant or economically meaningful effects on voter registration or turnout; most observed effects were precise nulls. The absence of measured impact is likely attributed to low digital engagement with our online ads as well as extensive voter outreach already conducted by our …

From Columbus To Lansing: Exploring The Prosecution Of Environmental Crimes Within Epa Region 5, Joshua Ozymy, Melissa Jarrell Ozymy

Michigan Journal of Environmental & Administrative Law

Transgressions of federal environmental law involving significant harm or culpable conduct can result in criminal prosecution. However, we know very little about how such prosecutions have taken place within EPA Region 5, which includes Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. We undertake a content analysis of 2,807 criminal prosecutions that resulted from U.S. EPA criminal investigations from 1983-2022, selecting all 392 prosecutions occurring within Region 5 for analysis. Results show that over $3.4 billion in monetary penalties, 1,039 years of probation, and over 492 years of incarceration were assessed at sentencing. 33 % of prosecutions centered on water pollution, …

The Takings Blunderbuss: From Pennsylvania Coal To Dobbs, Michael Allan Wolf

UF Law Faculty Publications

This Article explores three problems with the excess use of the Takings Clause (the "takings blunderbuss") that should cause concern not to left-wing judges and scholars who endorse seemingly unfettered activism from the bench and champion an organic view of the Constitution, but instead, and somewhat surprisingly, to conservatives who claim to eschew those practices. The first problem is that the text and original understanding, as far as we can discern, indicate that the Takings Clause was designed to ensure that owners receive payment when they are forced to sacrifice ownership of their tangible property for public use, most commonly …

Felony Disenfranchisement And Voter Turnout: Randomized Trials In Iowa And Washington, Alexander Billy, J.J. Naddeo, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Prior to the 2022 midterm elections, we conducted large-scale randomized controlled trials in Iowa and Washington aimed at increasing voter turnout among newly enfranchised individuals with past felony convictions. Alongside national and grassroots partners, we designed and implemented experiments to ascertain the effectiveness of alternative outreach mechanisms, including targeted mailers and digital ads. We did not detect statistically significant or economically meaningful effects on voter registration or turnout; most observed effects were precise nulls. The absence of measured impact is likely attributed to low digital engagement with our online ads as well as extensive voter outreach already conducted by our …

Evaluating The Elimination Of Peremptory Challenges In Arizona, Hailey Badger Gordon

University of Michigan Journal of Law Reform

The Supreme Court confronted racial discrimination in jury selection in Batson v. Kentucky by prohibiting the use of race as a factor in exercising peremptory challenges. But Batson challenges rarely succeed in overcoming a challenged peremptory strike and have long been criticized as insufficient to eliminate racial discrimination in jury selection. Justice Marshall correctly predicted in his concurring opinion in Batson that racial discrimination in jury selection would continue as long as peremptory challenges were permissible.

Recognizing Batson’s shortfalls, states have experimented with reforms ranging from lowering the required showing for a successful Batson challenge to enumerating presumptively impermissible …

Securitisation, National Action Plan, And Law On Terrorism In The Philippines And Indonesia: Questioning Comprehensive Approach, Chaula Rininta Rininta Anindya

Global: Jurnal Politik Internasional

The fundamental aim of the National Action Plan (NAP) on Preventing and Countering Violent Extremism (P/CVE) is to employ a comprehensive approach to addressing the root causes of violent extremism. However, does it necessarily become a real instrument to employ a comprehensive approach in P/CVE? The case of Indonesia and the Philippines will show the important factors of the people behind the policy-making process and the timing of the issuance of NAP. The NAP will only become a mere jargon of a “comprehensive approach” when there is limited access for other actors outside of the governmental agencies to be involved …

Strengthening State Constitutions, Jared C. Huber

Notre Dame Law Review

This Note argues that state constitutions should have more difficult amendment procedures than most states currently do. Part I highlights the ease of amending most state constitutions by evaluating state constitutional amendment procedures. Next, Part II argues that because constitutions are fundamental, organizing laws, their amendment procedures should reflect such status. Finally, Part III of this Note examines state constitutional amendments that resulted from national political turmoil and argues amendment procedures should be stringent enough to temper such reactionism. If a constitution is to be a constitution, it must be resilient enough to function as one. State constitutions largely fail …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.