Seismic Shifts:  SCOTUS, Religion & States and Local Governments In the past few years, the U.S. Supreme Court has issued several significant decisions regarding its legal doctrines involving religion. Most notably, local governments lost two cases last term for applying incorrect legal tests! Last term SCOTUS embraced a narrow view of the Establishment Clause in a tuition assistance case and a public forum case and overturned Lemon in a public employment case. Recently, SCOTUS has embraced a broad view of...

Biometrics and the Potential for Local Government Liability CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. New privacy laws about biometrics (fingerprints, retinal scan, facial recognition, voice recognition, the way a person walks, their keystrokes) require notification or protection for individuals, but do those laws affect local government? Are there liability issues for local government for use of biometric markers in regard to employment or other claims? This presentation explores those issues...

2022 Global Construction Disputes Report Current events have introduced a high degree of anxiety and uncertainty to the construction industry across the globe.  This webinar focuses on the top causes of disputes in 2021 and provides tangible actions to mitigate disputes on projects.  After attending this presentation, participants should be able to describe the current events and challenges affecting the construction market; describe the top techniques for mitigating disputes; explain potential solutions for avoiding disputes; and discuss the top causes...

Citizens’ Suits & You: A basic understanding of the Private Enforcement mechanism under The Clean Water Act This presentation will discuss how does a citizen suit work under 33 U.S.C. § 1365.  The presentation will also discuss how to defend against a citizens’ suits and a survey of federal case law. Speaker: Thomas E. Powers III

Protecting Due Process in Your Pajamas: Administering Land Use Hearings in a Virtual World CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply. The COVID-19 pandemic forced local governments to shift to virtual hearings if they wanted to continue conducting business. Questions as to what impact such hearings may or may not have on the constitutional rights afforded parties in land use cases were generally set aside for the time being as Americans...

Recent Developments in Election Law: The Independent State Legislature Theory, Voter Suppression masquerading as Election Reform, and Efforts to Curb Partisan Gerrymandering This program will focus on the most recent developments in election law, with emphasis on the Independent State Legislature theory to further restrictions on Section 2 Vote Dilution under the Voting Rights Act and pernicious efforts to suppress minority voting. Given the uncertainty in the law as reflected in the most recent grant of certiorari in the Moore...

Emergency Pandemic Hotel Shelters: Legal Challenges and Lessons Learned In the earliest days of COVID-19, jurisdictions across the country quickly stood up emergency pandemic shelters for those experiencing homelessness, often in hotels. These pandemic shelters operated far longer than expected and, in some cases, drew legal challenges.  This presentation will address tips for defending against legal challenges to these emergency, life-saving efforts, as well as lessons learned and legal pitfalls to avoid. Speaker: Devona Wells & Rebecca Holschuh

Federal Circuit Court Trends This presentation will examine trends in the federal circuit courts involving important constitutional issues for local governments. Topics covered will include social media cases and the First Amendment, homelessness case trends, Taking trends, novel Fourteenth Amendment arguments stemming from COVID-19 shutdowns, and the dormant commerce clause as it relates to short-term rentals. Speaker: Amanda Karras

Prosecuting Code Cases This presentation will discuss pros and cons for taking the civil/administrative and criminal routes in prosecuting code cases. The presentation will discuss initial intake issues and concerns and the common errors and problems that come with them.  The presentation will also discuss training and advising investigators and ethical dilemmas which may arise for Prosecutors. Speaker: Samuel Adams & Felix Ramirez

Questions to an Ethics Hotline This presentation will cover questions regularly raised by local government lawyers about the Rules of Professional Conduct and discuss how and which Rules answer such questions.  The presentation will generally cover several of the ABA Model Rules having particular applicability to local government lawyers, including the Preamble and Scope and Rules 1.0 through 1.11, 1.13, 1.16, 1.18, Rules 3.1 through 3.5 and Rules 3.8 and 3.9, Rules 5.1 through 5.4 and Rules 8.3 and 8.4...