State and Local Government Law Commons^™

The Firearm Preemption Phenomenon, Rachel Simon

Cardozo Law Review

Forty-five states have adopted express preemption statutes curtailing or entirely prohibiting local gun regulation, and several jurisdictions now threaten localities with penalties for violating such restrictions. These measures have been remarkably effective in reducing the breadth and variety of gun laws nationwide, but their consequences have only just begun to attract attention. Public debates over guns tend to center on the Second Amendment while overlooking state-level obstacles to local lawmaking, and the scholarship on state-local preemption lacks an analysis devoted exclusively to the gun-policy space.

To fill these gaps, this Article provides a comprehensive account of the firearm preemption phenomenon. …

Substituted Service And The Hague Service Convention, William S. Dodge

William & Mary Law Review

State law plays a surprisingly large role in transnational litigation, and how it defines the applicability of the Hague Service Convention is an important example. In Volkswagenwerk Aktiengesellschaft v. Schlunk, the U.S. Supreme Court held that the Convention does not apply when, under state law, service of process is made within the United States. In Schlunk, Illinois law permitted substituted service on the U.S. subsidiary of a foreign parent company, so the Convention did not apply. This Article looks at substituted service under state law today and when it permits avoidance of the Hague Convention. The Article focuses …

Abandoned And Derelict Vessels In The Commonwealth: How To Improve Virginia's Adv Program, Anthony Cusato

Virginia Coastal Policy Center

Vessels abandoned or lost by their owners can get stuck on a shoreline or in a marsh, aimlessly float adrift, or sink in a waterway. As the number of ADVs [abandoned and derelict vessels] increases, efforts to address them similarly intensify. Typically, state government agencies handle most ADVs, and their approaches to ADV control and removal vary widely across jurisdictions. Virginia faces an increasing number of ADVs and can learn from other states to improve its approach. This paper examines the current Virginia ADV program and considers how it can be amended to make it more effective. It then identifies …

Tribal Resilience And Community Plans: A Primer For Tribal Communities Looking To Create Their Own, Karly Newcomb

Virginia Coastal Policy Center

This paper serves as an overview of various Tribal resilience plans across the nation and community planning efforts in Virginia. Although each plan is particularly detailed to address one locality’s specified areas of concern, the plans are fully adaptable to meet any community’s particular needs. Additionally, the paper includes a synthesis of commonalities that these plans share with the goal of providing an overview of resilience plan options and strategies that can be used as a framework for Tribal communities looking to create their own plans.

This abstract has been taken from the author's introduction.

Tribal Communities And State And Local Governments: Existing Relationships, Mikayla Mangle

Virginia Coastal Policy Center

Tribal and state/local governments have maintained a unique and crucial relationship throughout the United States’ history. Today, state and federally recognized Tribes sometimes face obstacles when attempting to implement projects due to state or local government opposition and vice versa. Federally recognized Tribes are sovereign, self-governing entities on equal footing with state governments. State recognized tribes, on the other hand, may not be equal to state governments, depending on the state laws regarding tribal state recognition. State recognized tribes do not have the same benefits as federally recognized tribes in that the tribe’s status is recognized by the state but …

A Study Of Tribal Communication Frameworks: Some Approaches To Building Partnerships Between Tribal, State, And Local Governments In Virginia, Karly Newcomb, Abigail Sisti

Virginia Coastal Policy Center

This paper discusses options the Commonwealth could consider when evaluating decision-making processes that affect tribes in Virginia, with the goal of improving communication and collaboration between tribal, state, and local governments; and will highlight key case studies from other states and localities that provide precedents. The following options are based on a framework of free, prior, and informed consent, which emphasizes self-determination and an individual right to pursue economic, social, and cultural development. This framework can be applied to decision making and projects for any topic. Moving forward, government-to-government communication will be key to developing solutions to pressing issues such …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

The Best Of Both Worlds: Reconciling Tradition With Evolution Under The Ohio And Federal Right To A Civil Jury Trial, Jacob Hoback

University of Cincinnati Law Review

No abstract provided.

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman

Brigham Young University Journal of Public Law

No abstract provided.

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Enforcing Interstate Compacts In Federal Systems, Michael Osborn

Indiana Journal of Constitutional Design

The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …

Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder

Helm's School of Government Conference - 2021-2024

No abstract provided.

Pulling The Trigger On Hunting Regulations For Lead Ammunition, Lydia Shields

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer

Cleveland State Law Review

Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican opponents. Brnovich follows the highly divisive 2020 presidential election that Joe Biden won against former President Trump based on very narrow margins in highly contested swing states, notwithstanding a nationwide popular margin of more than 8 million votes. This blurring of the lines between …

A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai

Cleveland State Law Review

This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important …

Ending The Economic War Among States, Nathan Altstadt

Cleveland State Law Review

The United States is under siege; however, the cause is not a foreign adversary. Rather, infighting among states to attract and retain big businesses is jeopardizing the Nation’s economic prosperity.

States compete for businesses, using tax incentives, hoping to capitalize on the benefits these businesses represent. Benefits include improved job growth numbers, a future increase in tax revenue, or, simply, elevated political clout. While competition can lead to a more efficient use of resources, unregulated competition between states for businesses does not illustrate this theory. A national auction for a business, where states are blind to rival offers, may, and …

Table Of Contents

University of Richmond Law Review

No abstract provided.