August 14, 2010 – 10:32 am
Preemption is a concept deeply rooted in the United States Constitution and in our system of federalism. When it presents itself in a state court room, however, the concept becomes more real, and hard-edged, particularly when it is used to defeat a wrongful death claim in favor of Ford Motor Company.
The South Carolina Supreme Court recently decided in Aakjer v City of Myrtle Beach that the City of Myrtle Beach’s Helmet Ordinance, drafted in response to large motorcycle rallies in Myrtle Beach, was invalid because it was preempted by existing state statutes that already require motorcycle drivers to wear helmets and [...]
The second outstanding program at the ABA Spring Meeting was a panel sponsored by the SLG Environmental Law Committee entitled: “Water Supply in a Time of Climate Change.”
The panel was moderated by Michelle Diffenderfer, with the West Palm Beach, Florida office of Lewis Longman & Walker, P.A. where her practice includes seeking consumptive use permits [...]
I have just returned from attending the American Bar Association State and Local Government Section’s spring meeting in Miami (April 28-May 2) and attended several compelling programs there that I’ll be featuring for you in the next few blog entries.
The first program on Friday morning set the tone for the rest of the day with [...]
November 30, 2009 – 11:13 am
Annual report updating the law of exactions and impact fees has been published in the latest edition of The Urban Lawyer.
August 18, 2009 – 2:06 pm
“So much has been destroyed/ I have cast my lot with those /who, age after age, perversely, with no extraordinary power, / reconstitute the world.” Adrienne Rich
Welcome to the first entry of my new blog, which I have named “Grounded.” I want to explain the title and what I expect the focus of the [...]
August 17, 2009 – 2:17 pm
In a college commencement speech delivered earlier this summer, the visionary environmental activist and entrepreneur Paul Hawken outlined for the graduates the rather bleak state of the planet, both from an environmental and a social perspective, and why that, ironically, is presents them with an extraordinary opportunity. He told them:
