State & Local Government Law

On-Demand CLE

Earn your CLE with these on-demand courses.

Affordable Housing

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 CLE

Cannabis

  • 2020 State & Local Annual Meeting
    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 CLE

COVID-19

  • COVID-19 & Voting Rights: Ensuring Full & Equal Participation
    Our nation prepares for a presidential election during a national pandemic. States are preparing for an election that allows for social distancing and an exponential growth in mail-in balloting.
    Earn Your CLE

  • It Takes a Village: The Role of State and Local Governments in Protecting Employee Safety in the Age of COVID-19
    Who is responsible for employee safety? The federal government? States? Local governments? While the Occupational Safety and Health Act (OSHA) does govern employee safety, there is a role to be played by local and state governments. This panel will look at the scope of OSHA, what it covers, the extent it preempts and does not preempt state and local government action, and what state and local governments can and are doing to insure the safety of the workers within their jurisdictions.
    Earn Your CLE

  • 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 CLE

  • Responding to the Global COVID-19 Pandemic: The State & Local Government Perspective
    All levels of government — federal, state, and local — are faced with responses to the COVID-19 pandemic that both address the public health and welfare and ensure the continued operation of essential government services. Hear from panelists providing legal advice to state and local governments during a time of crisis, navigating new legal territory; advising state public health agencies; testing state public health authority; and counseling public K-12 schools and institutions of higher learning.
    Earn Your 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 CLE

Education

  • 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.
    Earn Your CLE

Election

Emergency Management

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 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 CLE

Infrastructure

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 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 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 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 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 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 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.
    Earn Your CLE

  • 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.
    Earn Your CLE

  • 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.
    Earn Your CLE

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 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.
    Earn Your CLE

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 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 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 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 CLE

Refugee & Immigrant Communities

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.
    Earn Your CLE

Technology

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 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 CLE

COVID-19

  • 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 CLE
  • It Takes a Village: The Role of State and Local Governments in Protecting Employee Safety in the Age of COVID-19
    Who is responsible for employee safety? The federal government? States? Local governments? While the Occupational Safety and Health Act (OSHA) does govern employee safety, there is a role to be played by local and state governments. This panel will look at the scope of OSHA, what it covers, the extent it preempts and does not preempt state and local government action, and what state and local governments can and are doing to insure the safety of the workers within their jurisdictions.
    Earn Your CLE

  • 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 CLE

  • Responding to the Global COVID-19 Pandemic: The State & Local Government Perspective
    All levels of government — federal, state, and local — are faced with responses to the COVID-19 pandemic that both address the public health and welfare and ensure the continued operation of essential government services. Hear from panelists providing legal advice to state and local governments during a time of crisis, navigating new legal territory; advising state public health agencies; testing state public health authority; and counseling public K-12 schools and institutions of higher learning.
    Earn Your CLE

Education

  • 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.
    Earn Your CLE

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 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 CLE

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 CLE

Infrastructure

Land Use

  • 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 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 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 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 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 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.
    Earn Your CLE

  • 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.
    Earn Your CLE

  • 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.
    Earn Your CLE

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 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.
    Earn Your CLE

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 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 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 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 CLE

Refugee & Immigrant Communities

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.
    Earn Your CLE

Technology