State and Local Government Law Commons^™

Prioritizing Oklahoma Mothers: Recommending Rehabilitation And Recovery Rather Than Punishment For Pregnancy, Alex B. Cox

Oklahoma Law Review

No abstract provided.

“Facet” Or “Facets” Of Executive Privilege In Oklahoma? Vandelay’S Unclear Outcome, Nick Candido

Oklahoma Law Review

No abstract provided.

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty and Staff Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.

Death, Bankruptcy, And The Public Hospital, Michael A. Francus

Journal Articles

From the Article

This Article expands the purview of bankruptcy scholarship to those government businesses, assessing how Chapter 9 operates for them. It does so by taking public hospitals as a case study, offering a comprehensive look at every public-hospital bankruptcy between 1988 and 2021.

A Restatement Of Democracy, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Debates about democracy are everywhere. Extremists, whether on the streets of Washington or Brasilia, perpetrate violence under the banner of democracy. But what do we mean when we talk about democracy? The debates, in the streets, popular media, or pages of academic journals, leave one wanting for depth and precision. This Article thus aims to provide an analytically useful model of Western democracy by surveying the vast and complex literature and distilling from that literature a series of core elements. From this exercise, this Article identifies the following four elements of democracy: majoritarianism, individual contestation, reason-giving, and deliberation. Although the …

Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara, Riskayati Subandi

Jurnal Konstitusi & Demokrasi

The establishment of the Government of the Special Territory of the Capital of Nusantara (Special Regional Government of IKN) as the location of the new capital of Indonesia has raised controversy, especially as regards its position as the special regional government held by the Nusantara Capital Authority Institution (IKN Authority), as well as the differences in the process for selecting government heads. The research was conducted using a normative jurisprudence method that focuses on the analysis of secondary data to determine the constitutionality of regulations relating to the position and process of election of the head of government in the …

State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures, Zachary J. Johnigan

Undergraduate Research Symposium Posters

Governing agencies can be classified as either federal, state, or local. The Nevada Legislature is a state level governing body that provides governance for the state of Nevada. A large part of the process of governing the state takes place during a regular legislative session, where new laws are heard then passed or denied and old laws are revised or abolished. One regular legislative session consists of 120 calendar days. In the event that not all business was able to be conducted within a regular session, the governor of the state can call for a special session to be opened. …

Tribal Sovereignty Preempted, Michael Doran

Brooklyn Law Review

In June of 2022, the US Supreme Court held in Oklahoma v. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester v. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom about Castro-Huerta sees the case as a radical departure from first principles of federal Indian law, this article argues that Castro-Huerta is the natural—although deeply deplorable—next step in a long line of Supreme Court cases expanding state governmental authority …

Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper

Brooklyn Law Review

This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …

Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron

Brooklyn Law Review

The Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel …

The Anti-Constitutionality Of The Deeply Rooted Test In Dobbs V. Jackson, Reginald Oh

Cleveland State Law Review

The deeply rooted in history test used by Justice Alito in Dobbs v. Jackson to overturn Roe v. Wade is anti-constitutional. In Dobbs, Alito concluded that, because a majority of states in 1868 criminalized abortion, abortion is not deeply rooted in history, and is therefore not a fundamental liberty under the Fourteenth Amendment Due Process Clause. However, relying on state laws in 1868 to interpret constitutional text not only has no basis in the Constitution, it goes against the fundamental nature of the Constitution as an integrated whole. What I call the Integrated Constitution is based on Chief Justice John …

R.E.S.P.E.C.T.: The Court's Forgotten Virtue, Camille Pollutro

Cleveland State Law Review

This Article recommends a shift in constitutional interpretation that requires the existence of respect for the class at issue when a fundamental right is being considered under the narrow, historical deeply rooted test of the Fourteenth Amendment. By focusing on Dobbs v. Jackson Women’s Health Organization, this Article highlights that the class at issue—women—are having their fundamental rights decided for them by the legal sources of 1868. In applying this strict and narrow historical deeply rooted test, the Court fails to consider the lack of respect and autonomy that women had in 1868. To the Court, if twenty-eight out …

Zoning And Land Use Law, Newton M. Galloway, Steven J. Jones, Joshua Williams

Mercer Law Review

Each annual survey of Georgia zoning and land use law since 2017 has chronicled judicial decisions ostensibly intended to transform legislative zoning decisions into quasi-judicial actions. These include City of Cumming v. Flowers, in which the Supreme Court of Georgia held a local government variance decision, and any other zoning or entitlement decision tightly controlled by the local ordinance, is quasi-judicial and may only be appealed by writ of certiorari, regardless of the mechanism for appeal set out in the local government’s ordinance; York v. Athens College of Ministry, Inc., in which the Court of Appeals of Georgia …

Confederate Standoff: The Georgia Supreme Court Clarifies Standing Requirements In Sons Of Confederate Veterans V. Henry County Board Of Commissioners, Clay Wright

Mercer Law Review

The Supreme Court of Georgia’s ruling in Sons of Confederate Veterans v. Henry County Board of Commissioners marks a transformative moment in the evolution of Georgia’s standing doctrine. The case delves into the dimensions of standing in Georgia courts, specifically addressing whether community stakeholders, such as citizens, residents, taxpayers,and voters, must prove an individualized injury to establish standing when raising a general grievance against their local government.

Local Government, Jacob Stalvey O'Neal

Mercer Law Review

This Article surveys a selection of noteworthy cases involving local government that Georgia courts decided between June 1, 2022 and May 31, 2023.

Commissioners Shoot For The Moon, Citizens Land Among The Stars: The Supreme Court Of Georgia Affirms Citizen Referendum Power In Camden County V. Sweatt, J. Bailey Hotard

Mercer Law Review

Georgia citizens possess few direct democratic mechanisms to check the power of their local governments. One available tool is the referendum power proscribed by the Home Rule Provision of the Constitution of the State of Georgia. Under this provision, county and municipal citizens may petition their local governing authorities for referendum when a legislative decision is largely unpopular. Relying on originalism and textualism, the Supreme Court of Georgia interpreted the Home Rule Provision broadly in Camden County v. Sweatt, a decision than ran counter to a twenty-five-year precedent. This court’s recent interpretation of the Home Rule Provision allows citizens …

Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May

Washington Law Review

Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …

Preface, Alexandra M. Voehringer

University of Richmond Law Review

The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth.

Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …

Table Of Contents

University of Richmond Law Review

No abstract provided.