Virginia Libraries

Solidarity Federalism
Ruth Mason
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE
The Legal Effect of a Record of Delinquency Adjudication on Firearm Access: A Typology of State Statutes and Policies
Richard J. Bonnie
Gun-related violence and suicide in the United States are serious public health problems that are concentrated among young adults, especially those... MORE
State Separation of Powers and the Federal Courts
Ann Woolhandler
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE

Does the Prohibition of State Aid Limit Tax Competition?
Ruth Mason
At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state... MORE
The City in the Future of Federalism
Richard C. Schragger
Cities have been largely absent from the theory and doctrine of federalism, especially in the US, where federalism discourse is invariably... MORE
Do Local Governments Really Have Too Much Power? Understanding the National League of Cities’ Principles of Home Rule for the 21st Century
Richard C. Schragger
This Article is an explanation and defense of the National League of Cities’ (NLC) Principles of Home Rule for the Twenty-First Century, which the... MORE

Texas is trampling parents’ rights in its investigations of trans kids
Anne M. Coughlin

Naomi R. Cahn
Gov. Greg Abbott’s order isn’t just cruel — it also runs counter to basic legal principles In recent months, politicians in many states have... MORE
Local Control of Land Use: A Partial Defense
Richard C. Schragger
The Perils of Land Use Deregulation, my intervention in the land use/housing debate, has now been published by the University of Pennsylvania Law... MORE
The Failure of Home Rule Reform in Virginia: Race, Localism, and the Constitution of 1971
Richard C. Schragger
Virginia remains one of a minority of states that does not constitutionally enshrine some form of home rule for its cities or other local governments... MORE

Small Suburbs, Large Lots: How the Scale of Land-Use Regulation Affects Housing Affordability, Equity, and the Climate
Moira O’Neill
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use... MORE
The Perils of Land Use Deregulation
Richard C. Schragger
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however, assert that local... MORE
Localism All the Way Up: Federalism, State-City Conflict, and the Urban-Rural Divide
Richard C. Schragger
One characteristic of this age of political polarization is increasing conflict between states and their cities. Pandemic-related regulation has been... MORE

'I Would, If Only I Could' How Cities Can Use California’s Housing Element Law to Overcome Neighborhood Resistance to New Housing
Moira O’Neill
This essay is written for city officials and their allies trying to figure out whether they can use California’s baroque “housing element” planning... MORE
Building to Burn? Permitting Exurban Housing Development in High Fire Hazard Zones
Moira O’Neill
California has endured devastating fire seasons over the past few years, with billions of dollars of damages, thousands of homes lost, and dozens... MORE
State Administrative Review of Local Constraints on Housing Development: Improving the California Model
Moira O’Neill
Starting in the 1970s, the West Coast states coalesced around roughly similar responses to the problem of excessive local restrictions on housing... MORE

Civil Rights and Discrimination
Richard C. Schragger
One major flashpoint in the on-going conflicts between states and cities has been in the area of civil rights, especially LGBTQ rights. Although... MORE
How Cities Can Protect Public Health When States Stand in the Way
Richard C. Schragger
Cities play a vital role in protecting the health and safety of their residents. But they have been increasingly thwarted by their own state... MORE
Public Report on the Ability of Public Universities and Political Subdivisions in Virginia To Require Contractors To Pay Employees a Living Wage
J. H. Verkerke
In 2006, the Virginia Office of the Attorney General issued an erroneous official opinion stating that a living wage “is not related to the goods or... MORE

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