POLS 305 Issues in Politics: Local Government Law

Syllabus

Local Government Law Syllabus

Course Readings

Reading and Briefing Court Cases

• The Judicial Branch Brief overview of the U.S. federal court system.
• How to read a court case Handout on understanding the basic elements of court cases
• Elements of a Case Brief Explanation of a case brief, with a sample brief of Roe v. Wade.
• Signaling Words Some common words courts sometimes use in certain parts of their opinions.

Course-Related Links

• Louisiana Constitution, Article VI: Local Government
• Louisiana Municipal Association
• Police Jury Association of Louisiana

Incorporation and Annexation

• LRS Title 33 selected sections on municipal incorporation
• LRS Title 33 selected sections on municipal annexation
• Roberts v. Town of Henderson (2008)

Lawrason Act and Home Rule

• Louisiana Constitution Selected sections on local government authority
• Overview of Louisiana Local Governments From the Louisiana House of Representatives
• LRS Title 33 sections comprising "Lawrason Act"
• Lawrason Act summary and explanation from the Louisiana Municipal Association
• Lawrason Act FAQ from the Louisiana Legislative Auditor
• LRS Title 33 sections authorizing home rule charters
• LRS Title 33 sections authorizing home rule charter for Lafayette
• Lafayette City-Parish Consolidated Government
• Lafayette Home Rule Charter
• Francis v. Morial (1984)
• Polk v. Edwards (1993)
• Lafourche Parish Council v. Autin (1994)
• City of New Orleans v. Board of Commissioners of the Orleans Levee District (1994)
• City of Baton Rouge v. Williams (1995)
• City of New Orleans v. Board of Directors of the Louisiana State Museum (1999)
• Morial v. Smith & Wesson (2001)
• New Orleans Campaign for Living Wage v. City of New Orleans (2002)

Special Districts and School Boards

• LRS Title 33 Louisiana statutes creating Bayou Vermilion District
• Bayou Vermilion District
• Setliff v. Rapides Parish School Board (2004)

Finance: Budgeting, Bonds, and Taxation

• Louisiana Local Budget Act
• Budget Act Summary from the Louisiana Legislative Auditor
• Budget Act Mandates from the Louisiana Legislative Auditor
• Louisiana Constitution Selected sections on local government taxation
• Louisiana Ad Valorem Laws From the Louisiana Tax Commission
• Property Tax Basics From the Lafayette Parish Assessor's Office
• LRS Title 33 selected sections on municipal sales taxes
• Local Number 1442 v. City of Crowley (2009)

Bidding, Contracts, and Procurement

• LRS Title 37 selected sections on procurement
• LRS Title 38 selected sections on bidding and contracts
• Louisiana Bid Law Summary from the Louisiana Municipal Association
• Bidding Law FAQ from the Louisiana Legislative Auditor
• Hamp's Construction v. City of New Orleans (2006)
• Enmon Enterprises v. City of New Orleans (2011)

Planning, Zoning, and Codes

• LRS Title 33 sections on municipal planning
• Lafayette Department of Planning, Zoning, and Codes
• Lafayette Zoning Ordinance
• Lafayette Preservation Ordinance
• Jenkins v. St. Tamany Parish I (1998)
• Jenkins v. St. Tamany Parish II (1999)
• Toups v. City of Shreveport (2011)

  U.S. Supreme Court Zoning cases
  

• Village of Euclid v. Ambler Realty Company General authority for zoning
• Nectow v. City of Cambridge General authority for zoning
• Village of Belle Terre v. Boraas (1974) Families
• Moore v. East Cleveland (1977) Families
• Arlington Heights v. Metropolitan Housing Corp. (1977) Income and Race
• Cleburne v. Cleburne Living Center (1985) Mentally Disabled
• Village of Renton v. Playtime Theatres (1986) Adult Clubs
• Sts. Constantine and Helen Greek Orthodox Church v. City of New Berlin (2005) Religion
• Penn Central Transportation Company v. New York City (1978) Historic Preservation

Economic Development

• LEDA (Lafayette Economic Development Authority
• LRS Title 34 Louisiana Revised Statutes creation and authorization of LEDA
• Tax Increment Financing (TIF) from the National Association of Realtors
• LRS Title 47 Louisiana Tax Increment Development Act
• Board of Directors v. All Taxpayers of the City of Gonzalez (2006)
• "Cabela Memo" Louisiana Legislative Auditor analysis of Louisiana law regarding public expenditures after Board of Directors v. All Taxpayers of the City of Gonzalez

Takings (Eminent Domain)

• Louisiana Constitution Article I, Section 4: Right to Property
• Kaiser Aetna v. U.S. (1979) public access to waterway
• Agins v. Tiburon (1980) Dwelling Type and Density Restrictions
• Loretto v. Teleprompter Manhattan CATV Corp (1982) physical occupation by utility easements
• First Lutheran Church v. Los Angeles County (1987) flood control restrictions Dolan v. Tigard (1994) flood control and traffic improvement
• Lingle v. Chevron (1995) rent control
• Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (2002) development moratorium
• Stop the Beach Renourishment v. Florida Dept. of Environmental Protection (2009) Beach Preservation
• Standard Materials v. City of Slidell (1997)

Public Employment Law

• Mandated Employer Posters under Federal and State Law from the Louisiana Workforce Commission
• Fair Labor Standards Act select provisions
• Family and Medical Leave Act selection provisions
• Title VII select provisions
• EEOC regulations on harassment select provisions
• select key employment-related provisions of the Americans with Disabilities Act
• Moore v. Ware (2003) Civil Service and Due Process
• Becker v. Jefferson Parish Dept. of Parks and Recreation (2010)
• Pickering v. Board of Education (1968) Public Employee Free Speech
• Connick v. Meyers (1976) Public Employee Free Speech
• Garcetti v. Ceballos (2006) Public Employee Free Speech

Local Government Liability

Liability under 42 U.S. Code Section 1983

• 42 U.S. Code Section Section 1983
• St. Louis v. Praprotnik (1988)
• Board of the County Commissioners of Bryan County v. Brown (1997)
• Connick v. Thompson (2010)

  Liability under Tort Law
  

• Socorro v. City of New Orleans (1991)
• Hardy v. Bowie (1999)
• Graham v. City of Shreveport (2010)

Open Meetings, Open Records, and Public Employee Ethics

Open Meetings FAQ from the Louisiana Legislative Auditor

Open Records FAQ from the Louisiana Legislative Auditor

Louisiana Code of Governmental Ethics Summary From the Louisiana Ethics Administration Program