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State Secrets & Executive Accountability, Christina E. Wells 2010 University of Missouri School of Law

State Secrets & Executive Accountability, Christina E. Wells

Faculty Publications

This essay, part of a symposium on executive power, examines use of the state secrets privilege in the Obama administration. Specifically, it views the Obama administration’s approach to the state secrets privilege through the lens of “explanatory accountability” – i.e., the notion that executive officials must explain and justify their decisions or face negative consequences.Although President Obama entered office criticizing the Bush administration’s overly broad assertions of the state secrets privilege, Obama officials nevertheless continued the Bush administration’s actions in various lawsuits. In response to sharp criticism, however, the Obama administration eventually revealed a new policy ...


Issue 2: Table Of Contents, 2010 University of Richmond

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.


The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice, Miranda Mahe 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

The National Conference Of State Legislatures’ Attempt To Reform The Initiative Process: What Nevada Needs To Do To Heed The Ncsl’S Advice, Miranda Mahe

Nevada Law Journal

This article examines the initiative process. Currently, twenty-four states utilize the initiative process in one form or another as a popular way for their citizens to directly voice their opinion on what laws they want passed. Unfortunately, the process is somewhat prone to fraud. A petition’s proponents usually pay circulators for each signature they obtain, whether or not the Secretary of State ultimately validates it.

In Part II, this Note looks at the history of the initiative process, the initiative process in Nevada, in particular, and the National Conference of State Legislature’s recommendations. Part III analyzes which recommendations ...


Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins

Nevada Law Journal

Part I of this Note provides an introduction to HOAs, the foreclosure crisis, and the resulting recession that currently threaten many associations' financial stability. Part I begins with a discussion of the rise of common interest communities in the United States, as well as basic association functions. Following this historical introduction is a discussion of the foreclosure crisis and an overview of the severity of this crisis in Nevada.

Part II introduces the problems faced by HOAs across the country because of the foreclosure crisis. These problems fall into two general categories, budget shortfalls and physical deterioration of abandoned properties ...


You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong

Nevada Law Journal

This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note ...


When The Governor Legislates: Post-Enactment Budget Changes And The Separation Of Powers In Nevada, Joanna M. Myers 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

When The Governor Legislates: Post-Enactment Budget Changes And The Separation Of Powers In Nevada, Joanna M. Myers

Nevada Law Journal

This Note addresses two key questions. First, it addresses whether Governor Gibbons's attempt to unilaterally cut the budget violates Nevada law and the Nevada Constitution. Second, it addresses whether the Governor's continued spending of federal stimulus money pursuant to allegedly delegated authority also violates Nevada law and the presentment requirements of the Nevada Constitution. Alternatively, would a Nevada statute granting the Governor power to unilaterally increase, reduce, or withhold the budget of state agencies constitute an excessive and unconstitutional delegation of legislative power to the Governor?

This Note attempts to answer this question through a multi-faceted and detailed ...


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su 2010 UNC School of Law

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Journal Articles

The current debate over Arizona's new immigration statute, S.B. 1070, has largely focused on the extent to which it “empowers” or “allows” state and local law enforcement officials to enforce federal immigration laws. Yet, in doing so, the conversation thus far overlooks the most significant part of the new statute: the extent to which Arizona mandates local immigration enforcement by attacking local control. The fact is the new Arizona law does little to adjust the federalist balance with respect to immigration enforcement. What it does, however, is threaten to radically alter the state-local relationship by eliminating local discretion ...


Federal Regulation Of State Court Procedures, Anthony J. Bellia 2010 Notre Dame Law School

Federal Regulation Of State Court Procedures, Anthony J. Bellia

Journal Articles

May Congress regulate the procedures by which state courts adjudicate claims arising under state law? Recently, Congress not only has considered several bills that would do so, but has enacted a few of them. This Article concludes that such laws exceed Congress's constitutional authority. There are serious questions as to whether a regulation of court procedures qualifies as a regulation of interstate commerce under the Commerce Clause. Even assuming, however, that it does qualify as such, the Tenth Amendment reserves the power to regulate court procedures to the states. Members of the Founding generation used conflict-of-laws language to describe ...


Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels 2010 University of Baltimore School of Law

Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels

All Faculty Scholarship

In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights ...


Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju 2010 Boston College Law School

Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju

Boston College Law School Faculty Papers

This paper, which was selected for presentation at the 2010 Yale/Stanford Junior Faculty Forum, articulates the theoretical steps by which self-government in a free community of equals leads constitutional analysis outside the boundaries of that political community. Openness to the experiences in self-government of other peoples is commonly assumed to undermine political legitimacy by loosing citizens’ control over their political fate. But is it possible that such openness might in fact render that control more effective? Could it actually enhance political and constitutional legitimacy? This paper articulates and defends the following claims: 1) The legitimacy of a political order ...


A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel 2010 Stoll Keenon Ogden PLLC

A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel

Kentucky Law Journal

No abstract provided.


Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper 2010 University of Richmond

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Journal of Law and the Public Interest

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.


The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith 2010 University of Richmond

The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith

Richmond Journal of Law and the Public Interest

Virginia is not a state saddled with a reputation of ethically challenged legislators, but our part-time citizen legislature is structurally conducive to conflicts of interest. This reality was brought to the forefront in November 2009 when Delegate Phillip Hamilton resigned from the House of Delegates following revelations that he directed state appropriations into his own pocket. There is little doubt that the majority of legislators are scrupulous in their efforts to avoid such conflicts, but they must navigate treacherous waters to do so. Significant modifications to the structure and ethical standards of the General Assembly are necessary to correct this ...


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb 2010 University of Richmond

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health ...


Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan II, Karah L. Gunther 2010 University of Richmond

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Public Interest Law Review

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of ...


Local Fragmentation As Immigration Regulation, Rick Su 2010 UNC School of Law

Local Fragmentation As Immigration Regulation, Rick Su

Journal Articles

Immigration scholars have traditionally focused on the role of national borders and the significance of nation-state citizenship. At the same time, local government scholars have called attention to the significance of local boundaries, the consequence of municipal residency, and the influence of the two on the fragmentation of American society. This paper explores the interplay between these two mechanisms of spatial and community controls. Emphasizing their doctrinal and historic commonalities, this article suggests that the legal structure responsible for local fragmentation can be understood as second-order immigration regulation. It is a mechanism that allows for finer regulatory control than the ...


New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner 2010 University at Buffalo School of Law

New York’S Inbred Judiciary: Pathologies Of Nomination And Appointment Of Court Of Appeals Judges, James A. Gardner

Journal Articles

The practice of selecting judges by popular election, commonplace among the American states, has recently come in for a good deal of criticism, much of it well-founded. But if popular election of judges is a bad method of judicial selection, what ought to replace it? Opponents of judicial election typically treat gubernatorial appointment as self-evidently better. New York’s experience with gubernatorial appointment to its highest court, the Court of Appeals, suggests that greater caution is in order. Although New York’s current method of selecting Court of Appeals judges was designed to be wide open and based entirely on ...


Immigration As Urban Policy, Rick Su 2010 UNC School of Law

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that ...


One Lantern In The Darkest Night - The Cia's Inspector General, Afsheen John Radsan 2010 Mitchell Hamline School of Law

One Lantern In The Darkest Night - The Cia's Inspector General, Afsheen John Radsan

Faculty Scholarship

Whether related to attempted assassinations, unauthorized interrogations, or other intelligence failures, the Inspector General at the Central Intelligence Agency is supposed to conduct audits and internal investigations into potential wrongdoing at an organization that operates in the shadows. From 1947 until 1990, the IG served at the discretion of the Director of the CIA. Congress, after uncovering the CIA’s improper role in Iran-contra, created a statutory IG. A new IG, appointed by the President and confirmed by the Senate, was granted the power to initiate investigations on his own and was required to make reports to the oversight committees ...


Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer 2010 John Marshall Law School

Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer

The John Marshall Law Review

No abstract provided.


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