2013 local state_law_drinks_v04

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This presentation was presented to the Advanced Legal Research Class at William Mitchell College of Law on October 11, 2013 and covers municipal law, the doctrine of home rule, and overview of state administrative law and a brief discussion of entertainment law including Video Games.

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2013 local state_law_drinks_v04

  1. 1. Introduction to Local Legal Research County & Municipal Ordinances and Agencies under Federalism Neal R. Axton Information Resources
  2. 2. Who is this man?
  3. 3. Biographical Sketch • Dennis Rader, Aged 59 • Married with children • Lived in Park City, Kansas (suburb of Wichita) • Deacon at a Lutheran Church • Worked as a Compliance Officer –Housing –Zoning –Animal Control
  4. 4. Compliance Officer • Compliance with state, county and municipal codes, rules and reg’s – Height of Grass – Parking Legally – Public Nuisance / Noise Ordinances – “Junk” Cars – Dog Ordinance – Heating your home/garage – Smoke Detectors – Household Hazardous Waste
  5. 5. Alter Ego • After a 31-year investigation, police arrest Dennis Rader as the BTK killer • BTK was caught through metadata on a computer disk he submitted to police to taunt them • Confessed to 10 murders in 2005 • Sentenced to 9 life sentences & “hard 40” • BTK stands for ?
  6. 6. Regulatory State Everything I do is either illegal, immoral, or fattening. - W.C. Fields  Compliance Officer was perfect post to investigate people’s homes and private lives.  Nanny State, Surveillance State, Orwellian
  7. 7. Who shall guard the guardians? - Plato
  8. 8. Ramsey County Ordinances
  9. 9. Clean Water Act
  10. 10. Municipal Ordinances
  11. 11. True or False? City inspectors (e.g. Minneapolis) can enforce: • federal law • state law • county ordinances • local ordinances
  12. 12. Governing is a Shared Responsibility • Balance of Powers • Federalism – Local is Arguably Better – Beyond Reach of Boehner!
  13. 13. Municipal Ordinances • Police Powers – Health, Welfare, Morality, Safety • Home Rule – Cf. Dillon’s Rule
  14. 14. Police Powers via Wikipedia
  15. 15. Corporate Law? • Municipal Corporations – Antecedents – Roman Law – City-States – Common Law – Corporate Charters – Quasi-Municipal Corporations • League of Minnesota Cities – http://www.lmc.org/
  16. 16. Good public policy or socialism?
  17. 17. Appeal Pending
  18. 18. Law Struck Down
  19. 19. From page 208-09 [I]t cannot be said that the Board of Health acted solely with a view toward public health considerations when it adopted exemptions to the Portion Cap Rule. Indeed, during the public comment period and hearings both the [Dept. of Health and Mental Hygeine] and the board members themselves indicated that they weighed the potential benefits against economic factors. The Commissioner went as far as to indicate that in addition to promoting health, the ban would help ameliorate obesity- related health care expenditures in New York.
  20. 20. Exceeded its Jurisdiction Accordingly, the selective restrictions enacted by the Board of Health … necessarily took into account its own non-health policy considerations. Judged by its deeds rather than by its explanations, the Board of Health's jurisdictional rationale evaporates.
  21. 21. Interstitial Rule Making [T]he City Charter's Enabling Act, granting the Board of Health explicit power to establish, amend, and repeal the Health Code, was clearly intended by the legislature to provide the agency with the discretion to engage in interstitial rule making designed to protect the public from inherently harmful and inimical matters affecting the health of the City...
  22. 22. Not a Health Hazard Per Se If soda consumption represented such a health hazard, then the Sugary Drink Portion Cap Rule would be exactly the kind of interstitial rule making intended by the legislature and engaged in by the Board of Health in the past... Rather, the hazard arises from the consumption of sugary soda in “excess quantity.” The risks of obesity and developing diabetes and other illnesses are greater in those who drink soda to excess than in those who drink it in moderation or not at all. Thus, since soda consumption cannot be classified as a health hazard per se, the Board of Health's action in curtailing its consumption was [NOT] the kind of interstitial rule making intended by the legislature.
  23. 23. 18 deaths linked to caffeine Link
  24. 24. Link
  25. 25. Link January 24, 2013
  26. 26. Link
  27. 27. City Agencies & Rule-Making • Formal Rule-Making – Hearings • Informal Rule-Making – Notice and Comment • Hybrid Rule-Making – Legislative Decreed Hoops to Jump Through
  28. 28. Home Rule • Does Sugary Portion Rule survive if adopted by Ramsey County? • Other types of bans? – Ban on Alcoholic Beverages – Ban on Plastic Water Bottles – Ban on Glass Bottles
  29. 29. Delegating Discretion The modern tendency is to be more liberal in permitting grants of discretion to administrative officers in order to facilitate the administration of laws as the complexity of economic and governmental conditions increases. Dunnell’s Digest, Administrative Law, Sec.
  30. 30. Minnesota • Minnesota never adopted Model APA • Minnesota APA, Minn. Stat. Chapter 14 circa 1945 • Proposed Rules published in State Register • Minnesota Rules (compiled since 1970) • Office of Administrative Hearings (OAH)
  31. 31. Minnesota Regulations • Chronological: Minnesota Register • Topical: Minnesota Rules
  32. 32. Chronological Rules •Order they were adopted •Most recent supersedes
  33. 33. A business in a government setting…
  34. 34. Subject Area Codes
  35. 35. Two Types of Proposals
  36. 36. Bueller? Bueller?
  37. 37. End of Preamble & Rule Text
  38. 38. Time, tyme, thyme
  39. 39. Obama Care
  40. 40. Thanks but No Thanks
  41. 41. Current Events http://www.thedailyshow.com/watch/thu-october-10-2013/medican- t
  42. 42. http://www.leg.state.mn.us/lrl/execorders/ Minnesota Executive Order Search Engine
  43. 43. Rules Browse https://www.revisor.mn.gov/rules/
  44. 44. Switch to Numerical View
  45. 45. Toggle Switch
  46. 46. Agency View https://www.revisor.leg.state.mn.us/rules/
  47. 47. External Links
  48. 48. OAH
  49. 49. “Trial Type” Hearings
  50. 50. Federalism & Local Government
  51. 51. http://www.ag.state.mn.us/
  52. 52. Attorney General Opinions
  53. 53. Older Minnesota Attorney General Opinions • Internal Filing System • Not Chronological • Records not Comprehensive • AG’s Library has ALL opinions on microfilm • Folksonomy vs. Taxonomy
  54. 54. Immigration Court http://www.justice.gov/eoir/sibpages/spm/spmmain.htm
  55. 55. Executive Office for Immigration Review
  56. 56. Entertainment Law • Growth of Entertainment • Bread and Circuses? • Transactional Law • Litigation – Torts • Intellectual Property • Violence – Can States or Cities Ban Violent Video Games?
  57. 57. Entertainment Law Treatise
  58. 58. Overview • Sports Law • Entertainment • Movies • Faith-Based Films • TV – Cable, Airwaves, Satellite • Live Theater – Broadway • Adult Films • Music Industry – Live Productions • Video Game Industry
  59. 59. Videogames – Different Realms • World of Warcraft – Magic Circle Games – MMORPG • Grand Theft Auto – Open World Games • Second Life – Virtual Worlds as Adjunct to Real Life (In Real Life… IRL)
  60. 60. Evolution
  61. 61. Acting in Video Games • Voice Talent – Samuel L. Jackson – Kyle MacLachlan – Ice-T – Ray Liotta – Ricky Gervais – Jenna Jameson • Street Dialogue Actors • Motion Capture • Transactional Work – Contracts – Royalties
  62. 62. Mainstreaming?
  63. 63. Entertainment & Local Law http://bit.ly/1hIMyqc
  64. 64. Cities and Entertainment
  65. 65. Liquor by the Drink

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