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State & Local Government Law

On-Demand CLE

Find On-Demand sessions relating to state & local government law

Find On-Demand sessions relating to state & local government law

Earn your CLE with these On-Demand courses:

Watch our past free or low-cost CLE webinars on your own time! Earn CLE credit designed to advance your knowledge of developments and issues in Government and Local law.

Details on how to access On-Demand sessions

If you previously purchased an individual session or meeting package, links to those on-demand recordings can be found in the confirmation emails sent by the ABA service center, or by accessing your Order History in your My ABA Dashboard.  

Step-By-Step Instructions - How to access your On-Demand sessions

Florida Rule Change

UPDATE: On April 5, 2022 the Board of Governors voted to modify its CLE Diversity and Inclusion policy. While affirming the ABA’s strong commitment to diversity and inclusion and specifying that the ABA’s CLE programs and those the ABA co-sponsors continue to advance the aspirations of Goal III of the ABA’s Mission and Goals – to eliminate bias and enhance diversity – the policy removed the numerical component from the previous version, and is aspirational, as it does not prohibit providing credit for programs which do not meet the policy. The Florida Bar has confirmed that the updated policy complies with the Florida Supreme Court’s ruling and credit will again be available for ABA programs for attorneys licensed in Florida.

Learn more

Earn your CLE with these On-Demand courses:

2022 Midyear Meeting

2022 Midyear Meeting
Restoring Taken Native American Land, Reclamation or Reparations
Register Now

When European explorers began to arrive in the Americas circa 1492, the estimated number of indigenous inhabitants of North, Central and South America was 60 million. Tribes that survived the European settlement of the eastern seaboard of the United States eventually became an obstacle to the settlers’ goal of cultivating the New World. Starting in 1778 the Federal government initiated the "removal period" during which over 350 treaties were ratified by Congress. By 1880, 113 reservations had been established west of the Mississippi River, including existing Pueblos in the southwest portion of the U.S. Territory. Through the use of treaties, promising monetary or other restitution for the loss of ancestral lands, as well as ongoing protection of and benefits to the tribes, the Federal government moved tribes west of the Mississippi River to designated geographical areas entitled “reservations.”

From 1887 to 1934, 60 million acres of ‘surplus’ Indian lands were sold or transferred to non-Indians.” Numerous federal acts facilitated the transfer of approximately 27 million additional acres of Indian land to non-Indians. The parcels of land allotted to tribal members under these Federal policies have been repeatedly divided via intestate succession. Tribal members unable to afford legal assistance in setting up estate plans passed away without any method of bequeathing their allotment to identified individuals; so the allottees' heirs and their successors are all partial owners of the original allotment. This fractionalization of the allotted land makes the property difficult to convey or develop by the original allottee’s heirs.

The panel will discuss the progress experienced under the Federal Land Buy-Back Program for Tribal Nations, non-profit efforts to educate tribes and facilitate reclaiming the land that was taken from them, as well as an example of a tribe which has successfully implemented a strategic plan to reclaim its rightful property with the assistance of both the federal program and non-profit property rights organizations.

Moderator
Katharine Kinsman, Editor, State and Local Law News, Santa Ynez, CA

Panelists
Carolyn Drouin, Land Buy-Back Program for Tribal Nations, Washington, DC
Cris Stainbrook, Indian Land Tenure Foundation, St. Paul, MN
Koko Hufford (or William Tovey), Confederated Tribes of the Umatilla Indian Reservation, Department of Economic and Community Development, Pendleton

2022 Midyear Meeting
Restoring Taken African American Land, Reclamation or Reparations
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40 acres and mule - the promise made to formerly enslaved Africans by General Sherman in 1865, was quickly broken. It is estimated that the land distributed and then clawed back from 40,000 freed slaves would be worth $640 billion today. By 1910, despite many extreme obstacles, 925,000 African Americans managed to acquire over 1 million farms, comprising 16-19 million acres of land, about 14% of all farms in 1910. As of 2017 there were approximately 45,500 framers owning .52% of the American farmland. The loss was due to not only discriminatory practices by the US Department of Agriculture, industrialization and the Great migration, but the problem of no inheritance structures in place for black landowners, leading to massive fractionalization and loss of property.

Nationally, median African American household wealth decreased 75% to $1700 while white household wealth increased 14% to $116,800 between 1983 and 2013. A 2017 report found the median net worth for non-immigrant African American households in the Boston region was $8 US but for whites it was $247,500. Numerous studies link this gap in economic growth to land ownership. Ownership of property is, and has historically been, a recognized financial building block for families. In 2017 racial homeownership gap was 79.1% of white Americans owned a home versus 41.8% of African Americans. General housing and lending discrimination through restrictive covenants, redlining and other lending practices facilitated this gap.

Our three esteemed panelists discuss local, state and federal legislative efforts to address the loss of property and the attendant loss of financial security and progress, suffered by African American citizens. 

Moderator
Katharine Kinsman, Editor, State and Local Law News, Santa Ynez, CA

Panelists
Steven Bradford, California State Senator, District 35; member, California’s Task Force to Study and Develop Reparations Proposals for African Americans; authored SB 796, which authorizes the County of Los Angeles to return the beachfront property known as Bruce’s Beach to the Bruce family, Gardena, CA
Rep. Henry C “Hank” Johnson, Jr., (D-GA-4), Congressman, U.S. House of Representatives, Georgia’s Fourth Congressional District, introduced the "Tulsa Greenwood Massacre Claims Accountability Act," Decatur, GA
Hildy Stern, Mayor, Manhattan Beach, and Co-Chair of the Bruce's Beach Task Force, Manhattan Beach, CA

2022 Midyear Meeting
Reconciling the Past and Planning for the Future: The Use of Racial Impact Assessments in Land Use Planning and Zoning
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Communities across the country are starting to adopt a new form of impact assessment for land use planning and regulation. This new tool, Racial impact assessment, supplements environmental impact assessment and health impact assessment. This panel will explore this developing area of land use planning and decision making.

Moderator
Patricia E. Salkin, Senior Vice President, Academic Affairs Touro College; University System Provost, Graduate and Professional Divisions, Touro College, New York, NY

Panelists
Casey Anderson, Chair, Montgomery County, MD, Planning Board, Silver Spring, MD
Anamaria Hazard’s practice focuses on Municipal Law, Commercial Real Estate, and Zoning, Planning, and Land Use matters. Anamaria previously served as an Assistant City Attorney for the City of Atlanta.
William West, Student Associate, Land Use Law Center; Junior Associate, Pace Environmental Law Review

2022 Midyear Meeting
Ethics Jeopardy! Where Knowing the Questions is Half the Gameg

There are ethical landmines in everyday municipal practice for attorneys and their clients. This program highlights routine dilemmas in the land use space so that attorneys can spot the issues and consider whether the issues present legal, ethical, or other regulatory challenges, and how to best advise clients. The game format allows viewers to consider their response before the panel discusses the answers/approaches.

Moderator
W. Andrew Gowder, Jr., CRE, Austen & Gowder, LLC, Charleston, South Carolina
Patricia E. Salkin, Senior Vice President, Academic Affairs Touro College; University System Provost, Graduate and Professional DivisionsTouro College, New York, NY

Contestants
Elizabeth M. Yang, President, WStrong LLC
Donna Y. Frazier, Caddo Parish Attorney
Robert H. Thomas, Partner, Damon Key Leong Kupchak Hastert

2021 Virtual Annual Meeting: Tribal Lending Law

Now On-Demand
Tribal Lending Law: Defending the TribesLThis panel will discuss trends, developments, and types of claims that tribal lending entities should anticipate going forward. Tribes may qualify for sovereign immunity but need to be prepared for different angles of attacks – against business partners, tribal businesses, and tribal leaders in their individual capacities. The panel will provide insights into how tribes can best position themselves and identify the lessons to be learned from recent decisions. Earn your On-Demand CLE

2021 Resiliency Virtual Conference

Day 1 - Now On-Demand
Resilience and Equity in Our Neighborhoods: How Do We Build Sustainable and Environmentally Just Communities?Learn more about the intertwined challenges of social and environmental justice. Which historical and present-day practices lead to inequity in disadvantaged communities, and what can be done legally to improve lives in the face of climate change, sea level rise, disparate public health outcomes, and the wealth gap? The panel will look at how to improve communications, accountability and structural legal frameworks to bring real-world solutions. To be truly resilient, communities must not only survive, but be allowed to thrive. Earn your On-Demand CLE

How to Finance a Fair and Resilient FuturePanelists will provide an engaging primer on the many legal ways that governments, communities, property owners and developers can obtain funding to reduce the vulnerability of residences and businesses to damage from disasters. While disaster risk reduction is accomplished best by assuring that new construction meets resilient codes and standards, there are many programs in place to help fund the more difficult but critical work of making existing structures less vulnerable to the disaster events most significant to their location – be it wind, water, fire, or earthquake.Earn your On-Demand CLE

Day 2 - Now On-Demand

Making Transportation & Infrastructure More ResilientThis session will address the legal measures municipalities, counties, states, and other public entities should undertake to enhance resiliency to climate change. Speakers will address the challenges presented by the intergovernmental nature of transportation and infrastructure sustainability. They will also explore legal issues raised by financing mass transit expansion and infrastructure development through such measures as tax increment financing and transit improvement and development districts (TIFs and TDDs). The program will highlight the interconnectedness of mobility with land use controls, green infrastructure, and economic development. Earn your On-Demand CLE

Now On-Demand:
Who Pays for Disaster Risk? Landowners, Governments, Lenders, Insurance Companies…Laws effectively allocate the financial burdens of natural disasters: landowners, government agencies, financial institutions and insurance companies all have roles under the legal system, all have some degree of knowledge, and all bear part of the risks. This panel examines the different legal aspects of risk allocation, ranging from privately-enforced requirements such as financial institutions requiring flood or fire insurance as a condition of lending, to the public legal requirements in building and zoning codes. Even setback and brush clearance requirements imposed by insurance companies can function to allocate risk and determine who bears the burden of risk avoidance. It is important for all stakeholders to consider the interrelatedness of the laws that attempt to address risk allocation, as well as the impact of private operational requirements.  Without the political will to make difficult decisions and allocate the risks efficiently, the burden of planning for avoiding resiliency failures ultimately falls on the taxpayers. | Earn your On-Demand CLE

Tribal Lending Law: Defending the Tribes

This panel will discuss trends, developments, and types of claims that tribal lending entities should anticipate going forward. Tribes may qualify for sovereign immunity but need to be prepared for different angles of attacks – against business partners, tribal businesses, and tribal leaders in their individual capacities. The panel will provide insights into how tribes can best position themselves and identify the lessons to be learned from recent decisions.
Earn your On-Demand CLE

 

2021 Spring Virtual Conference

Now On-Demand:
Student Debt: Is it a consumer protection issue?

We’ve heard many descriptors for the student loan debt mess many of our young lawyers know too well, but is it really a consumer protection issue at its heart? Spoiler alert: Yes! Hear from leading state and local experts on consumer protection about the consumer protection overlay—from encouragement to max-out the available loans, to repayment issues, and even dischargeability (or lack thereof). Our speakers will also discuss potential solutions for combatting these issues and the ongoing crisis—the number one issue facing young lawyers today.
Earn your On-Demand CLE

Now On-Demand:
Women of Criminal Justice: Why Do They Leave?

This diverse panel of leaders from the Criminal Justice Section's Women's Task Force will report briefly on the Task Force findings on why women leave the practice of criminal law. They will also openly discuss the successes and failures of their own career paths--prosecutor, defender, judge, and professor.

The panel will offer perspective to attorneys on issues of accessibility, diversity, and inclusion. Employment law and policy concerns will be discussed generally and specifically as they relate to impact on women practitioners of various biases including the so-called motherhood penalties
Earn your On-Demand CLE

Now On-Demand:
People of Color as Attorneys General

There are 56 Attorneys General who serve as the chief legal officer in their respective states and territories. These attorneys counsel their government agencies and legislatures, and serve as a representative of the public interest. This CLE will discuss how the addition of people of color is changing the conversation of justice in the United States and its territories.
Earn your On-Demand CLE

Now On-Demand:
Alternative Paths: People of Color in Less Common Legal Practice Areas

Much of innovation comes from adding new perspectives to old ideas. As organizations battle to remain relevant, many are adopting new diversity hiring practices to promote both social and financial advancement. This CLE will explore how people of color have entered lesser known legal arenas like academia, tax law, environmental law, and marijuana law to encourage equitable and remedial practices.
Earn your On-Demand CLE

Now On-Demand:
Voting Rights in Indian Country

How do elections work in a nation inside another nation? Unfortunately, as with many other vital systems, United States elections and voting rights of indigenous peoples on tribal lands often lack the resources of other political subdivisions in the country. Learn more about developments and the people fighting for these rights.
Earn your On-Demand CLE

Now On-Demand:
Energy and the Climate Crisis: Are We Entering a New Energy Paradigm?

Learn from legal experts about new trends in energy generation and equitable access to clean power. The panelists will discuss critical developments in energy law and regulation, focusing on the necessary federal action to move the United States towards compliance with the Paris Agreement targets, and what legislation is likely to be enacted during the current congressional term. 

You will also learn about regulatory barriers for siting land-based solar, and what mechanisms are effective in providing equitable access to clean energy in low-income neighborhoods, including positive trends in shutting down heavily-polluting peaker plants.  Additionally, state laws and agency regulatory interpretations are instrumental in moving successful renewable energy projects to completion on tribal lands - what has been successful, and what can your state do to improve access to renewable generation in indigenous communities?
Earn your On-Demand CLE

2021 Affordable Housing Series

Webinar 4
Who's Going to Buid Affordable Housing? 

Part 1: Faith-Based Efforts & Charitable Tools
Examples include how churches in Fort Lauderdale came together collectively to address homelessness, another from Atlanta on how mission-minded businessmen are providing mezzanine funding and a computer/ cellphone application developed to facilitate rapid rehousing and support of tenants in interactions with landlords.

Part 2: Small Builders
The array of policy issues and tools have been covered in this series of presentations, and now through a number of case studies of small builders in South Carolina who have navigated the regulatory and financial challenges.

Part 3: Larger Builders
Large projects mean larger impact fees to a community, and large projects provide the opportunity for flexibility in the unit mix to better be able to include affordable units — by incentives or by mandatory requirements.
Earn your on-demand CLE
 

Webinar 3
How Do We Get More Affordable Housing?

Part 1: What History Teaches Us
While millions of Americans today can trace a large percent of their family wealth to real estate equity made possible by these government programs, this wealth has not been evenly distributed.

Part 2: Regulatory Tools
Once local housing stakeholders have evaluated their housing market and understand the relationship between costs and rents and how federal, state and local policies and programs operate, it is time to examine what tools can be effectively used to increase the supply of affordable housing.

Part 3: Financial Tools
The development cost of affordable housing includes site acquisition, construction or rehabilitation, soft costs, development fees and financing fees. There are operational costs that include not only operation of the units, but also rental assistance.
Earn your on-demand CLE

Webinar 2
Implementing Affodable Housing Efforts

Part 1: Fostering Education & Understanding
This $200 million public/ private partnership redevelopment of the Housing Authority’s more than 50-year-old housing stock has resulted in a 660-unit redevelopment that is now affordable housing for more than 1,500 people.

Part 2: Addressing Short- & Long-Term Issues
Even before the COVID-19 pandemic, millions of Americans lacked stable, affordable housing. Now, the crisis has highlighted the social and economic costs of this crucial gap in the safety net.

Part 3: The Array of Available Options
Defining the local level problem is the first step to being able to generate viable solutions, and analyze, evaluate and select the best alternatives.Defining the local level problem is the first step to being able to generate viable solutions, and analyze, evaluate and select the best alternatives.
Earn your on-demand CLE

Webinar 1
Affordable Housing Update & COVID-19

Part 1: Racial Segregation: The Roots of the Housing Deficit
Many believe that racially discriminatory landlords and bankers were the prime cause of residential segregation, however, there is a long history of federal, state and local policies that generated not only the residential segregation found across the country, but also the shortage of quality affordable housing.

Part 2: The Rise of the Homevoter
The inability to insure their homes’ newfound value converted homeowners into “homevoters,” whose local political behavior focused on preventing development that might hinder the rise in their home values.

Part 3: Impact of COVID-19 on Affordable Housing
Through a discussion of specific examples, the crisis of affordability even before COVID-19 will be reviewed, and the impact of closing down the economy to prevent the spread of the disease on low-income homeowners and renters will be analyzed.
Earn your on-demand CLE

2020 Fall Conference

Webinar 1
Affordable Housing Series - Update & COVID-19

Part 1: Racial Segregation: The Roots of the Housing Deficit
Many believe that racially discriminatory landlords and bankers were the prime cause of residential segregation, however, there is a long history of federal, state and local policies that generated not only the residential segregation found across the country, but also the shortage of quality affordable housing.

Part 2: The Rise of the Homevoter
The inability to insure their homes’ newfound value converted homeowners into “homevoters,” whose local political behavior focused on preventing development that might hinder the rise in their home values.

Part 3: Impact of COVID-19 on Affordable Housing
Through a discussion of specific examples, the crisis of affordability even before COVID-19 will be reviewed, and the impact of closing down the economy to prevent the spread of the disease on low-income homeowners and renters will be analyzed.
Earn your on-demand CLE

Webinar 3
Part 1  - Moratoria on Evictions

Part 1: Moratoria on Evictions
On an average day, more than 20 million people, representing 50% of rental households are vulnerable to eviction, resulting in a destabilizing effect on communities and community institutions, including schools and community organizations.

Part 2: Homelessness & the Eighth Amendment: What’s Next for our Cities?
Martin v. Boise and Blake v. Grants Pass cases limit when a municipality can criminally punish, issue civil citations and levy fines against unhoused individuals in communities where those people do not have practical access to housing or shelter.
Earn your on-demand CLE

Bias

  • Implicit Bias: Governmental Complicity
    Do governmental policies perpetuate implicit bias? Our expert panelists will examine some long-standing and new governmental policies, laws and regulations and their impact upon communities of color and economically disadvantaged communities in housing, transportation, education and the criminal justice system.
    Earn your on-demand CLE

Cannabis

  • 2020 State & Local Annual Meeting: Part 1
    Cannabis & Regulating Social Equity
    Illinois legalized recreational cannabis in 2019, and has authorized licensee to be issued in 2020. Illinois’ legislation is unique in that social equity was central to its creation. The legislation’s goal is to encourage the participation of those who were disproportionately and negatively impacted by cannabis prohibition. Throughout the law there are requirements to give social equity businesses and employees priority over others.
    Earn your on-demand CLE

2020 Fall Conference

Webinar 1
Affordable Housing Series - Update & COVID-19

Part 1: Racial Segregation: The Roots of the Housing Deficit
Many believe that racially discriminatory landlords and bankers were the prime cause of residential segregation, however, there is a long history of federal, state and local policies that generated not only the residential segregation found across the country, but also the shortage of quality affordable housing.

Part 2: The Rise of the Homevoter
The inability to insure their homes’ newfound value converted homeowners into “homevoters,” whose local political behavior focused on preventing development that might hinder the rise in their home values.

Part 3: Impact of COVID-19 on Affordable Housing
Through a discussion of specific examples, the crisis of affordability even before COVID-19 will be reviewed, and the impact of closing down the economy to prevent the spread of the disease on low-income homeowners and renters will be analyzed.
Earn your on-demand CLE

Webinar 3
Part 1  - Moratoria on Evictions

Part 1: Moratoria on Evictions
On an average day, more than 20 million people, representing 50% of rental households are vulnerable to eviction, resulting in a destabilizing effect on communities and community institutions, including schools and community organizations.

Part 2: Homelessness & the Eighth Amendment: What’s Next for our Cities?
Martin v. Boise and Blake v. Grants Pass cases limit when a municipality can criminally punish, issue civil citations and levy fines against unhoused individuals in communities where those people do not have practical access to housing or shelter.
Earn your on-demand CLE

Disability

  • Disability Law for Local Planning and Zoning
    Discussion focuses on how best to navigate the intersection of disability law with land development, planning, and zoning regulation. Coverage includes the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RHA). The program makes clear that disability law is not just about designing doorways, bathrooms, and office space.
    Earn your on-demand CLE

Education

 

  • 2020 Fall Meeting
    E-Rate, Equity, Education … OH MY!
    Meaningful access to technology is one of many factors that separate the haves and the have nots in achieving a high-quality public education. When dealing with existing inequities due to inadequate funding of public education, an international health crisis that limits a school district's capacity to engage in traditional learning exacerbates the already widening digital divide.
    Earn your on-demand CLE
  • Disparities in K-12 Discipline
    Explore how the administration of disciplinary processes in education, without discriminating on the basis of race, color, or national origin, could reduce implicit bias and eliminate the school to prison pipeline.

 

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Election

  • Election Webinar Series: Part 3/ 2020 State & Local Annual Meeting: Part 1
    Vote by Mail: Early Voting and Digitized Election Administration
    Among the casualties of the COVID-19 pandemic are presidential primary elections, with renewed debate over whether Vote-by-Mail should be an available option in every state before the 2020 presidential election in order to help protect the health and well-being of voters and election workers.
    Earn your on-demand CLE

  • Election Webinar Series: Part 2
    Voter Fraud Claims, Voter ID Restrictions & Voter Purges to Post-Shelby County Electoral Barriers
    Seasoned litigators and national experts will share the most up-to-date information on voter fraud, purges, and voter identification.
    Earn your on-demand CLE

  • Election Webinar Series: Part 1
    Voter Qualifications - Citizenship, Lanuage Minority Voters & Strict Construction of Voter Registration Laws
    National experts and seasoned litigators will share the most up-to-date information and litigation updates on voter qualifications including minority voter access, citizenship data & the 2020 census.
    Earn your on-demand CLE

  • Campaign Finance Enforcement Trends: The Use of Public Resources & Other Hot Topics
    Efforts to shed light on "dark money," address "pay to play" by government contractors, the use of public resources in campaigns, and the growth of independent expenditures are addressed.

  • Litigate the Vote: What it Means for Texas and America
    States across the country face challenges to voter laws and redistricting. Texas' strict voter ID law has been subject to challenge in Veasey v. Abbott, and its legislative redistricting battle, Abbott v. Perez, is now before the United States Supreme Court.

Emergency Management

  • 2020 Fall Virtual Meeting: Webinar 2
    Part 1: Disaster Planning Amid a Pandemic
    Resiliency measures municipalities, counties, states, and tribal governments should undertake before natural disasters and pandemics strike are addressed.
    Part 2: Congregate Living Facilities
    The COVID epidemic raises difficult health and safety issues for people who live in congregate facilities, whether as students, prisoners, or the elderly. 
    Earn your on-demand CLE 
  • Recovering after a Disaster: Helping Communities Recover
    Discover strategies for assisting local communities recover from disasters, including the government and non-government programs available to provide such assistance and recommendations for accessing such assistance.

Environment

  • Land Use Institute 2020: Webinar 2
    Climate Change, Land Use Practice and COVID-19
    This year's Annual Richard F. Babcock Faculty Address is a virtual one on the timely legal topic of climate change and sea level rise and the best practices for addressing these. Join us for this yearly event, given by the Chief Resiliency Officer (CRO) for Miami Dade County and then stay for some great "nuts and bolts" about the future of zoning in light of COVID-19 and variance/ rezoning requests by our eminent land use practice panelists.
    Earn your on-demand CLE

  • Strategic Litigation of Public Participation: Guide to Supporting or Opposing Projects
    2019 proved to be a challenging year for Florida citizen engagement. A string of emails by renowned environmental activist, Maggy Hurchalla, who questioned a lime rock mining plan ultimately resulted in a staggering $4.4 million dollar verdict against Hurchalla. The judgment was later affirmed by a state appellate court and is now pending Florida Supreme Court review. In the meantime, a rushed amendment to House Bill 7103 in the waning days of the 2019 legislative session provided for prevailing party attorney fees in any challenge to a development order under Fla. Stat. 163.3215 — the state's land use "consistency" statute that requires development orders to be consistent with the local government's Comprehensive Plan. The constitutionality of HB 7103 is currently being challenged in Circuit Court by 1000 Friends of Florida.
    Earn your on-demand CLE

Infrastructure

  • Who Should Pay for Major Road Projects, in Light of Harstad v City of Woodbury, Minnesota Supreme Court Decision
    Review the pending controversy surrounding bills introduced to authorize municipalities to charge major roadway impacts fees.
    Earn your on-demand CLE

Land Use

  • Disability Law for Local Planning and Zoning
    Discussion focuses on how best to navigate the intersection of disability law with land development, planning, and zoning regulation. Coverage includes the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Rehabilitation Act (RHA). The program makes clear that disability law is not just about designing doorways, bathrooms, and office space.
    Earn your on-demand CLE

  • 2020 State & Local Annual Meeting: Part 1
    Obama Presidential Center in Public Parks: Does the Public Trust Doctrine Prevent It?
    Identification and permitted uses on land impressed with the Public Trust Doctrine as defined by the USSCT in its famous 19th century Illinois Central decision is the focus of the program. PTD designation has become a background principle of a state’s law of property providing a safe haven for government preventing all economically beneficial use of PTD land without liability for a regulatory taking under Lucas v. South Carolina Coastal Commission.
    Earn your on-demand CLE

  • Land Use Institute 2020 Series : LUI 1
    Updates & Current Issues Explored
    Part 1
    Update on Planning, Land Use & Eminent Domain Decisions
    Part 2
    Federal Laws, Regulations & Programs Affecting Local Land Use Decision Making
    Earn your on-demand CLE

  • Land Use Institute 2020 Series: LUI 2
    Climate Change and Nuts & Bolts
    Part 1
    Annual Richard F. Babcock Faculty Address: Overview of National & International Best Practices to Address Climate Change & Sea Level Rise
    Part 2
    Nuts & Bolts of Land Use Practice
    Part 3
    Seeking and Dealing with Variance & Rezoning Requests
    Earn your on-demand CLE

  • Land Use Institute 2020 Series: LUI 3
    Hot Topics in Land Use
    Part 1
    Regulating Personal Transportation
    Redevelopment/ Opportunity Zones

    Part 2
    Affordable Housing
    Sustainability/ Resilience
    Eminent Domain & Takings

    Earn your on-demand CLE

  • Legally Stolen Lands: Impacts and Remedies for Historically Disadvantaged People
    The Uniform Partition of Heirs Property Act — adopted in 15 states and the US Virgin Islands and currently introduced in 6 states and DC — is a very important — even historic — remedy for the inherent instability of ownership where title to land is held over generations. It is particularly prevalent among socially and economically disadvantaged property owners who are disproportionately African American and other people of color.
    Earn your on-demand CLE

  • Creative Legal Strategies to Deal with Problem Properties
    Municipalities across the country are dealing the economic and social issues arising from vacant and distressed properties. Strategies implemented in the Twin Cities are shared.

  • Land Use and Resiliency: Creating Resilient Communities Through Land Use Law — Before the Next Disaster
    Flooding and other weather-related disasters threaten many communities. The opportunity to proactively create more resilient communities, specific ways in which local, county and state governments can facilitate resilient patterns of development are addressed.

  • Knick Overrules Williamson County: What Does It Mean for Eminent Domain?
    Since 1985, the Supreme Court’s Williamson County state-litigation requirement doctrine has been interpreted so as to make it almost impossible for local land use determinations to be challenged as regulatory takings in federal court. But, on June 21, 2019, in the case of Knick v. Township of Scott (17-647), the Supreme Court overturned (5-4) the Williamson state-litigation requirement, and held that property owners can now bypass state proceedings and immediately contest local zoning and similar constraints in U.S. district court.

Native American

  • Legally Stolen Lands: Impacts and Remedies for Historically Disadvantaged People
    The Uniform Partition of Heirs Property Act — adopted in 15 states and the US Virgin Islands and currently introduced in 6 states and DC — is a very important — even historic — remedy for the inherent instability of ownership where title to land is held over generations. It is particularly prevalent among socially and economically disadvantaged property owners who are disproportionately African American and other people of color.
    Earn your on-demand CLE

  • Doing Business with Tribes
    Tribes are increasingly diversifying their business interests. Insights and advice for local governments within which tribes engage in development and other business are discussed.

Police Reform

  • 2020 State & Local Annual Meeting: Part 2
    The Future of Public Protest: Regulating Mass Demonstrations, Marches & Parades
    After George Floyd was killed by Minneapolis police officers, public protests exploded across the United States. At times, those demonstrations resembled the peaceful methods of Martin Luther King Jr. & the nonviolent marches of Vietnam War protesters. At other times, the George Floyd protests resembled the obstructionist methods of the Occupy Wall Street movement, featuring the blockading of bridges and interstate highways.
    Earn your on-demand CLE

  • 2020 State & Local Annual Meeting: Part 1
    Emergency & Police Power Property Claims in Times of Crisis
    On the eve of the centennial of Pennsylvania Coal Co. v. Mahon (US 1922), this panel will revisit the question: How far can the police power be stretched to protect the public against dangers? What is the scope of state and local authority to respond to emergencies and the implications for private property rights? What rights do property owners/ landlords/ tenants have to privately respond in times of crisis?
    Earn your on-demand CLE

  • Police Civil Rights Litigation: From Ferguson to Dallas — 2020 Vision Today
    Criticism of police activity, particularly concerning police operations and police interaction with suspects and citizens, is publicized regularly in the news and on social media. Attacks against police officers also receive much publicity. The result is a growing public awareness of police operations from both the officer's perspective as well as from the perspective of police suspects and persons of interest. In both instances, police/ public interaction often results in a federal civil rights lawsuit.
    Earn your on-demand CLE

Public Participation

  • Strategic Litigation of Public Participation: Guide to Supporting or Opposing Projects
    2019 proved to be a challenging year for Florida citizen engagement. A string of emails by renowned environmental activist, Maggy Hurchalla, who questioned a lime rock mining plan ultimately resulted in a staggering $4.4 million dollar verdict against Hurchalla. The judgment was later affirmed by a state appellate court and is now pending Florida Supreme Court review. In the meantime, a rushed amendment to House Bill 7103 in the waning days of the 2019 legislative session provided for prevailing party attorney fees in any challenge to a development order under Fla. Stat. 163.3215 — the state's land use "consistency" statute that requires development orders to be consistent with the local government's Comprehensive Plan. The constitutionality of HB 7103 is currently being challenged in Circuit Court by 1000 Friends of Florida.
    Earn your on-demand CLE

Refugee & Immigrant Communities

  • 2020 State & Local Annual Meeting: Part 2
    DACA and International Human Rights: The Quest for Immigration Justice
    In a time of rising nationalism and increased reluctance to admit immigrants and refugees into traditional safe harbors, the work of human rights clinics and advocacy groups has never been more important. Following the recent Supreme Court ruling upholding the Deferred Action for Childhood Arrivals (DACA) program, this session will address the next challenges for immigration rights in the US & the forces that create refugee populations.
    Earn your on-demand CLE

  • Refugee & Immigrant Communities: The Minnesota Experience: The Legalities, Practicalities, & Lessons Learned
    Have you heard about the history of Minnesota refugee and immigrant communities? Earn CLE credit through this on-demand session as experts discuss the history of the significant communities of refugees & immigrants and the legal steps Minnesota has taken to help integration.

Sexual Harassment

  • Anatomy of a #MeToo Investigation
    What happens when claims are made against public sector employees or officials? Best practices for handling sexual harassment and discrimination investigations, public sector peculiarities, investigation pitfalls to avoid, and practical steps to minimize a #MeToo lawsuit are discussed.

Technology

  • Spring Meeting 2020: Webinar 1
    Government Transparency & the Ethics of E-Comms
    Part 1
    Government Transparency & Open Meetings: Is It a Meeting When No One's in the Same Room?
    Part 2
    Electronic Communications: Navigating the Ethical Potholes
    Earn your on-demand CLE

  • Spring Meeting 2020: Webinar 2
    Social Media Issues for Students & Government Employees
    Part 1
    Monitoring Student Social Media: Necessary for School Security or an Invasion of Privacy?
    Part 2
    Government Employees and Social Media: Are Posts Protected Speech?
    Earn your on-demand CLE

  • Spring Meeting 2020: Webinar 3
    Cybersecurity & Emerging Technologies
    Part 1
    Grift, Graffiti, and Ransoms: Cybersecurity for State & Local Government
    Part 2
    Emerging Technologies
    Earn your on-demand CLE