State and Local Government Law Commons^™

Addressing Parental Denial Of Gender Dysphoria Treatment Under Maryland's Child Abuse And Neglect Laws, Olga Petrovskikh

University of Baltimore Law Forum

No abstract provided.

To Fight The Battle, First You Need Warriors: Edward Garrison Draper, Everett Waring, And The Quest For Maryland's First Black Lawyer, John G. Browning

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Harris V. State, Kaitlyn Lyons

University of Baltimore Law Forum

No abstract provided.

Recent Developments: In Re D.D., Donald Waldron

University of Baltimore Law Forum

No abstract provided.

Constitutionality Of Baltimore City's Local Hiring Ordinance, R. Stark Merrifield Iv

University of Baltimore Law Forum

No abstract provided.

Time To Define The Objectively Reasonable Officer: How Maryland's Use Of Force Statute Supplies Measureable Standards To Protect Fourth Amendment Rights, Chelsea Roberts

University of Baltimore Law Forum

No abstract provided.

Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy

Washington Law Review

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller

Washington Law Review

American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …

Checking Out Indefinitely: Supporting Survivors Of Sex Trafficking Alongside Training And Education For Lodging Employees, Alyssa M. Grzesiak

William & Mary Journal of Race, Gender, and Social Justice

There are roughly five million victims of sex trafficking in the United States. Over the course of a decade, over 3,500 instances of human trafficking involved a hotel or motel. Traffickers are relying on unaware lodging establishment employees, as well as complicit employees and managers, to successfully carry out their crimes. Despite the vital role the lodging industry plays in human trafficking, only seven states have implemented mandatory training for hotel and motel employees. This Note posits that the implementation of mandatory training and education programs for employees of lodging establishments could increase awareness and responsiveness to human trafficking, thus …

Frontiers In Regulating Building Emissions: An Agenda For Cities, Danielle Spiegel-Feld

William & Mary Environmental Law and Policy Review

Recent developments in Congress and the Supreme Court have highlighted the folly of relying solely on the federal government to contain global climate change. If the United States is to help rein in the climate crisis, state and local governments will need to accelerate their efforts to reduce greenhouse gas emissions. In many urban areas, where most Americans now live, the most important step that local governments can take to curtail these emissions is to reduce energy use in buildings. Recognizing this, a number of American cities have adopted building performance standards (“BPSs”) in recent years, which limit the annual …

Dislocating The Separation Of Powers State ‘Thumb’ On The Biden Sustainability Initiatives & Law, Steven Ferrey

Suffolk University Law School Faculty Works

President Biden enacted his unprecedented large Infrastructure law to make what President Biden calls a “once-in-a-generation investment” to modernize U.S. infrastructure by rapidly deploying sustainable renewable power generation technology. As the primary U.S. federal law to address climate change before the world exceeds a ‘tipping point’ of uncontrolled warming, this Infrastructure law must not be impaired or frustrated by any other government actions. However, inferior levels of local government now are interceding, placing their legal ‘thumbs’ on and legally blocking implementation of Biden Administration sustainable Infrastructure. This article analyzes the legal conflicts posed by hundreds of state and local governments …

Recasting The Second Fiddle: The Need For A Clear Line Of Lieutenant Gubernatorial Succession, T. Quinn Yeargain

South Carolina Law Review

No abstract provided.

Recent Developments: Murphy V. Liberty Mut. Ins. Co., Alexandra Mitchell

University of Baltimore Law Forum

No abstract provided.

Hamptons Aesthetics Vs. Shinnecock Rights: How The Federal Government Is Failing To Protect Indigenous Sovereignty From State Judicial Infringement, Lindsay M. Brocki

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflict between the Shinnecock Nation's sovereignty and state interference, highlighting the federal government's failure to protect indigenous sovereignty. It uses the Shinnecock Nation's legal battle over billboards as a case study to argue for stronger federal protection against state encroachment.

Giving Heroes Their Shields: Providing More Immunity To The Healthcare Industry During The Covid-19 Pandemic, Gabriella Levine

Journal of Civil Rights and Economic Development

(Excerpt)

The year is 2022. We are experiencing a global pandemic and economic uncertainty. And while traffic might have improved, as many work remotely and socially distance, everything else is unknown as people are face-to-face with death. The future has never looked bleaker.

As of September 12, 2022, there were 1,044,461 Coronavirus (“COVID-19”) related deaths and 94,973,074 reported COVID-19 cases in the United States (“U.S.”). The effects of COVID-19 impacted people who contracted the disease, family members who lost someone, and people at risk who have been in isolation for over one year.

Another group that has been heavily affected …

The Deep South’S Constitutional Con, Lynn Uzzell

St. Mary's Law Journal

No abstract provided.

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.

Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma

St. Mary's Law Journal

No abstract provided.

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.

The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder

St. Mary's Law Journal

No abstract provided.