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The paper considers territorial models of local self governance that had emerged in Russian regions prior to the reform and their impact on various aspects of municipal establishments' activities. The authors evaluate the regional law in the area of local self governance and interbudgetary...
Persistent link: https://www.econbiz.de/10013103709
This article reviews the decisions of the U.S. Supreme Court for the 2007-2008 Term that are of particular relevance to state and local governments including those involving voting and elections, speech, class-of-one equal protection claims, immunity, taxation, preemption, and the Fourth and...
Persistent link: https://www.econbiz.de/10012764937
This Article exposes a misapplication of federalism as the driving force behind the Supreme Court's extreme narrowing of the 42 U.S.C. § 1983 remedy for beneficiaries of federal-state cooperative spending programs. Originally, the Court applied a presumption, via § 1983's straightforward...
Persistent link: https://www.econbiz.de/10013231453
In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal rules in a market for law where people and firms often can shop for those regimes that they find most desirable. This market helps deal with a world in which increasing mobility...
Persistent link: https://www.econbiz.de/10014212298
The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae...
Persistent link: https://www.econbiz.de/10014162295
This article analyzes the differing perspectives that animate US and EU conceptions of privacy in the context of data protection. It begins by briefly reviewing the two continental approaches to data protection and then explains how the two approaches arise in a context of disparate cultural...
Persistent link: https://www.econbiz.de/10014134162
Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the...
Persistent link: https://www.econbiz.de/10014057642
There is great fragility in the maintenance of civil discourse. History tells us that it can, and will, fracture, counseling vigilance in its defense. And, that commitment requires revisiting from time to time valuable insights from great minds of the past who have pondered why civil discourse...
Persistent link: https://www.econbiz.de/10013295084
The most important aspect of American federalism embodied in the Constitution is the constitutional facilitation of a national free trade zone known as the United States wherein each independent unit is disabled from erecting barriers to trade under what is popularly termed the Interstate...
Persistent link: https://www.econbiz.de/10013295646
Present work contains municipal reform implmentation results for 2007. The authors analyzed modifications in the federal legislation regarding local selfgovernance, regional legislation which regulates issues relatyed to newly created settlements in transition period. The authors analyzed...
Persistent link: https://www.econbiz.de/10010592139