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The Coca-Cola Capitation Conundrum: The Supreme Court Of Pennsylvania Leaves Philadelphians Thirsty For Soda And Certainty In Williams V. City Of Philadelphia, John T. Morgan Jr. 2019 Villanova University Charles Widger School of Law

The Coca-Cola Capitation Conundrum: The Supreme Court Of Pennsylvania Leaves Philadelphians Thirsty For Soda And Certainty In Williams V. City Of Philadelphia, John T. Morgan Jr.

Villanova Law Review

No abstract provided.


Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller 2019 Cleveland-Marshall College of Law

Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller

Cleveland State Law Review

Civil asset forfeiture is a legal method for law enforcement to deprive United States citizens of their personal property with little hope for its return. With varying degrees of legal protection at the state level, Ohio legislators must encourage national policy reform by outlawing civil asset forfeiture in Ohio. Ohio Revised Code Section 2981.05 should be amended to outlaw civil asset forfeiture by requiring a criminal conviction prior to allowing the seizure of an individual’s property. This Note proposes two plans of action that will restore Ohio resident’s property rights back to those originally afforded in the ...


Regulated Sports Betting: Ohio's Chance To Take A Bet On Itself, Robert Porter 2019 Cleveland-Marshall College of Law

Regulated Sports Betting: Ohio's Chance To Take A Bet On Itself, Robert Porter

Cleveland State Law Review

It is estimated that more than $150 billion is wagered on sporting events each year in the United States. Of this, only an estimated $4.5 billion is wagered legally. Why is that? Because of a federal statute (PASPA) prohibiting state sponsored sports betting, people had to resort to offshore sports gambling websites and illegal bookies. This all changed in May 2018, when the Supreme Court declared PASPA unconstitutional, effectively lifting the ban on sports betting nationwide. With states now capable of enacting their own sports gambling schemes and regulations, Ohio is in a prime position to capitalize. I advocate ...


Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School of Law, Olivia Thompson, Read Porter 2019 Rhode Island Sea Grant Legal Program, Roger Williams University School of Law

Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter

Sea Grant Law Fellow Publications

Sea level rise and more powerful storm surges and erosion have increased flooding in low-lying coastal areas of Rhode Island. These impacts affect coastal highways, requiring municipalities to make difficult choices about whether and how to maintain or abandon their infrastructure. This fact sheet helps cities and towns understand their legal duties, options, and potential liabilities when considering the future of threatened coastal infrastructure. By using the information in this fact sheet, municipalities can make informed decisions about the consequences of their infrastructure investments. After providing background on nuisance flooding associated with sea level rise, this fact sheet describes Rhode ...


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green 2019 Penn State Dickinson Law

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual ...


The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark 2019 Penn State Dickinson Law

The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark

Dickinson Law Review

Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are ...


The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus 2019 Penn State Dickinson Law

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales ...


Between Brady Discretion And Brady Misconduct, Bennett L. Gershman 2019 Penn State Dickinson Law

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Dickinson Law Review

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the ...


Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm McDermond 2019 Penn State Dickinson Law

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of ...


Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom 2019 Trinity College, Hartford Connecticut

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.


Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper 2019 Pepper and Nason

Is The Gate Open For West Virginia Counties And Cities To File For Chapter 9 Bankruptcy Relief, Bill Pepper

West Virginia Law Review

No abstract provided.


The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson 2019 Penn State Dickinson Law

The Policing Of Prosecutors: More Lessons From Administrative Law?, Aaron L. Nielson

Dickinson Law Review

On a daily basis, prosecutors decide whether and how to charge individuals for alleged criminal conduct. Although many prosecutors avoid abusing this authority, prosecutors’ discretionary decisions might result in biased enforcement, inappropriate leveraging of authority, and a lack of transparency. These problems also arise when agency enforcement officials decide whether to act on conduct that violates a legal prohibition.

An inherent tension between the desire to avoid overburdening the system and the need to prevent inconsistent decision-making exists in the exercises of both prosecutorial discretion and regulatory enforcement discretion. It is clear from the similarities between the two that administrative ...


States Empowering Plaintiff Cities, Eli Savit 2019 University of Michigan Law School

States Empowering Plaintiff Cities, Eli Savit

University of Michigan Journal of Law Reform

Across the country, cities are becoming major players in plaintiff’s-side litigation. With increasing frequency, cities, counties, and other municipalities are filing lawsuits to vindicate the public interest. Cities’ aggressive use of lawsuits, however, has been met with some skepticism from both scholars and states. At times, states have taken action—both legislative and via litigation—to preempt city-initiated suits.

This Article contends that states should welcome city-initiated public-interest lawsuits. Such litigation, this Article demonstrates, vindicates the principles of local control that cities exist to facilitate. What is more, a motivated plaintiff city can accomplish public-policy goals that are important ...


From Paris To Pittsburgh: U.S. State And Local Leadership In An Era Of Trump, Vicki Arroyo 2019 Georgetown University Law Center

From Paris To Pittsburgh: U.S. State And Local Leadership In An Era Of Trump, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

States and cities have long been leaders on clean energy and climate policy. Their work has informed development of federal policies including motor vehicle standards and the Clean Power Plan. With the election of President Trump and the increasingly severe impacts of climate change, subnational leadership has become even more important and urgent. In response, many states and cities have pledged to enact new policies to mitigate the effects of climate change and help communities adapt. This Article focuses on recent developments in subnational leadership on both climate mitigation and adaptation to demonstrate the breadth and depth of engagement by ...


The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca 2019 Suffolk University Law School

The New State Zoning: Land Use Preemption Amid A Housing Crisis, John Infranca

Boston College Law Review

Commentators have long decried the pernicious effects that overly restrictive land use regulations, which stifle new development, have on housing supply and affordability, regional and national economic growth, social mobility, and racial integration. The fragmented nature of zoning rules in the United States, which are set primarily at the local level, renders it seemingly impossible to address these concerns systematically. Although there have been some efforts to address local exclusionary tendencies and their suboptimal effects by means of greater state control, these efforts, which remain contentious, have been limited to just a few states. In the past few years, a ...


Partnerships That Benefit State Systems, Suzzanne Freeze, John Butterworth, Daria Domin, Allison Hall, Jean Winsor 2019 University of Massachusetts Boston

Partnerships That Benefit State Systems, Suzzanne Freeze, John Butterworth, Daria Domin, Allison Hall, Jean Winsor

Daria Domin

Our work assists states with building a comprehensive understanding of the factors that influence employment outcomes at all levels: individuals and family, service providers, and state policy. The Framework for Employment, developed through extensive experience and research conducted within the state, is used to guide the much of the system improvement strategy work. The elements represent practices and outcomes known to be effective at enabling states to develop and sustain high-preforming integrated employment system.


A New Strategy For Regulating Arbitration, Sarath Sanga 2019 Northwestern Pritzker School of Law

A New Strategy For Regulating Arbitration, Sarath Sanga

Northwestern University Law Review

Confidential arbitration is a standard precondition to employment. But confidential arbitration prevents a state from ensuring or even knowing whether employees’ economic, civil, and due process rights are respected. Further, employers regularly require employees to waive rights to class proceedings (thereby foreclosing small claims) and to arbitrate under the laws of another jurisdiction (thereby evading mandatory state law). In response, states have tried to regulate arbitration provisions, arbitral awards, and arbitral processes. But these efforts have all failed because the Supreme Court says they are preempted by the Federal Arbitration Act.

In this Article, I argue that states can and ...


The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative License Restoration Project Makes A Fresh Start Possible March 2019, Roger Williams University School of Law 2019 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative License Restoration Project Makes A Fresh Start Possible March 2019, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin 2019 Boston College Law School

The Effect Of The Internet Era And South Dakota V. Wayfair On The Unitary Business Rule, Phillip Popkin

Boston College Law Review

On June 21, 2018, the Supreme Court in South Dakota v. Wayfair eliminated the sales tax physical presence rule for the Dormant Commerce Clause’s “substantial nexus” requirement. This decision extends a State’s ability to tax interstate commerce. This Comment argues that Wayfair’s expansion of state tax jurisdiction should be applicable all forms of state taxation, as opposed to solely sales tax because it interprets the substantial nexus requirement of the Dormant Commerce Clause. Corporate taxation’s unitary business rule should utilize the changes to the substantial nexus requirement to restore its original intention and adapt to modern ...


Table Of Contents: Allen Chair Symposium 2009, 2019 University of Richmond

Table Of Contents: Allen Chair Symposium 2009

University of Richmond Law Review

No abstract provided.


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