11,859 research outputs found

    Quick-Takes on a Few Recent Decisions in Evidence Law ... and Rule 5-407

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    Handout from the State and Local Government Law Institute covering recent (2003) Maryland evidence cases

    Quick-Takes on a Few Recent Decisions in Evidence Law ... and Rule 5-407

    Get PDF
    Handout from the State and Local Government Law Institute covering recent (2003) Maryland evidence cases

    Book Review of Section 1983: Sword and Shield

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    Robert H. Freilich and Richard G. Carlisle have collected sixteen essays from Volumes 11 through 15 of The Urban Lawyer-the journal which has most consistently followed developments in the law of section 1983-and published them as Section 1983: Sword and Shield. Prepared for the Section of Urban, State, and Local Government Law of the American Bar Association, this helpful volume provides a contemporary history of the development of the 1871 Civil Rights Act, from which section 1983 was derived

    Imagining the World Anew: The Course in State and Local Government Law and the Future of Legal Education

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    This Essay urges that faculty and students engaged in the study of state and local government seize the day as leaders who can, and should, envision the future of our field and the possible future of legal education writ large. The system of state and local government, including governing legal principles, reflect our society’s conception of how we can best function collectively to foster the public good. Those of us who teach and write in this field shape the understandings, expectations, and skills of future generations of leaders who will serve in public office, advise, or participate in this critical arena. We therefore bear a special responsibility to do so with as much vision and effectiveness as possible. We should also be sensitive to principles of constructive change and good governance, a potential source of leaders within legal education who could contribute to needed change within our academic communities

    Book Review: Unfinished Business: A Civil Rights Strategy for America\u27s Third Century. by Clint Bolick; Property and the Politics of Entitlement. by John Brigham; Regulatory Taking: The Limits of Land Use Controls. Edited by G. Richard Hill.

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    Book review: Unfinished Business: A Civil Rights Strategy for America\u27s Third Century. By Clint Bolick. San Francisco, Calif.: Pacific Research Institute for Public Policy. 1990 ; Property and the Politics of Entitlement. By John Brigham. Philadelphia, Penn.: Temple University Press. 1990. Pp. xi, 223 ; Regulatory Taking: The Limits of Land Use Controls. Edited by G. Richard Hill. Chicago, Ill.: Section of Urban, State and Local Government Law, American Bar Association. 1990. Pp. xix, 422. Reviewed by: James W. Ely, Jr

    Intergovernmental Cooperation, Metropolitan Equity, and the New Regionalism

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    The economic gap between affluent suburbia and the urban core has recently received widespread attention among state and local government law scholars. Although the underlying normative arguments rest on very different rationales, scholars with a wide range of doctrinal approaches appear to have formed a consensus that the current concentration of wealth and resources in metropolitan areas is unacceptable. Their common goal of reducing regional disparities has made the scholarly dialogue a dispute over how, rather than whether, to achieve a better distribution. For many of what can be described as the New Regionalist scholars, voluntary intergovernmental cooperative efforts may appear to offer the potential to accomplish many of their stated goals. This Article examines the common types of intergovernmental cooperative efforts and concludes that they fail to correct, and often exacerbate, the socioeconomic gap. Thus, the regionalist agenda must be reworked to take account of the negative impacts that many of the highly touted regional governance efforts actually produce in metropolitan areas

    Full State Funding of Education as a State Constitutional Imperative

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    After nearly four decades of school finance litigation, with numerous plaintiff victories based on state constitutional law doctrines of equality and adequacy, subsequent generations of lawsuits reveal that the earlier court decrees have not eliminated sustained inequality and inadequacy in public schools. This disappointing state of affairs, when coupled with the fact that a growing number of state courts are increasingly reluctant to take on the merits of school finance cases, suggests that the future trajectory of school finance and school finance litigation is not positive. In this Article, I suggest that both of these negative trends are at least partially explained by the fact that in the overwhelming majority of cases, courts have not dealt with the inherent structural inequality produced by a finance system that is based on local property taxation. I suggest that plaintiffs should rely on well-established principles of state and local government law to argue that local financing of schools is unconstitutional and that only a system of full state funding of public schools is consistent with the states\u27 affirmative constitutional duty to provide education

    Above All Else Stop Digging: Local Government Law as a (Partial) Cause of (and Solution to) the Current Housing Crisis

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    So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership. This Article looks at state and local government law, and particularly at financing mechanisms created by state law and used by local governments to subsidize new development. In essence, local governments issued bonds to build key infrastructure for new developments, and interest on those bonds were exempt from state and federal income taxes. This Article maintains that these mechanisms served as yet another subsidy to the very same kinds of value-destroying housing developments that were already being over-encouraged in other ways. Just as the current crisis has rightly led policymakers to reconsider government actions at the federal level, this crisis should also lead to a similar reevaluation of state and local government law, particularly as it intersects with the federal tax exemption for state and local bonds. However, to do this properly, we must first reconsider the central normative justification for the current local government landscape. This justification is economic and consists of the argument that competition among a multitude of local government entities is efficient. This vision of jurisdictional competition is generally known as the Tiebout model. This Article makes a series of specific contributions to this rethinking. First, despite arguments by proponents of the Tiebout model to the contrary, it is demonstrated that a full-blown Tiebout model does not release governments at various levels, nor citizens, from making political choices about a just (versus merely efficient) distribution of resources. This is primarily because the legal background rules that set the terms of the competition also select for different equally efficient sets of jurisdictions. From this result it follows that these legal background rules ought to be interrogated as making political choices. A particular type of rule is described in this Article as a bundling rule. A bundling rule operates, for instance, by making a certain method of financing schools readily available only to new subdivisions, thus bundling new schools with new development. By opting to make such a method available, state governments are in effect choosing to encourage certain patterns of development. Once this is realized, then there should be no barrier standing in the way of scrapping bundling rules that encourage sprawl
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