Public Law 111–11—Mar
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Mcdowell County Comprehensive Plan
MCDOWELL COUNTY COMPREHENSIVE PLAN WVULAW Land Use and Sustainable Development Law Clinic ADOPTED _ WVULAW Land Use and Sustainable Development Law Clinic “McDowell County, West Virginia, a community on the rise, is INTRODUCTION rich in history, outdoor recreation, and friendly, hardworking, and ery few places in West Virginia have the history welcoming people. The county attracts visitors from all over the and mystique of McDowell County. The south- world to adventure, leading the way as the backbone of southern ernmost county in the Mountain State, McDow- Vell County has left an indelible mark on the region. West Virginia’s tourism industry.” With a past that often seems bigger than life, the tales of this beautiful and rugged place are now tempered by the challenges of today. Once the bustling epicenter —McDowell County’s Vision Statement of coal country, McDowell County now faces complex and longstanding issues. The vision statement serves as the foundation for Issues include high levels of substance abuse, lack future planning and decision-making in McDowell of infrastructure, a dwindling economy, lack of jobs, a County. The vision statement is forward-thinking and large number of abandoned and dilapidated structures, can help ensure that future decisions align with the and inadequate health care. While there are no easy goals and objectives set forth in the plan. Further- ways to address these issues, the community can de- more, recommendations and actions steps in the com- velop a plan that acknowledges the issues, identifies prehensive plan should be consistent with the vision methods to address the issue, and prioritizes the meth- statement. -
Calendar No. 822
Calendar No. 822 110TH CONGRESS REPORT " ! 2d Session SENATE 110–390 AMERICA’S HISTORICAL AND NATURAL LEGACY STUDY ACT JUNE 16, 2008.—Ordered to be printed Mr. BINGAMAN, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany H.R. 3998] The Committee on Energy and Natural Resources, to which was referred the Act (H.R. 3998) to authorize the Secretary of the Inte- rior to conduct special resources studies of certain lands and struc- tures to determine the appropriate means for preservation, use, and management of the resources associated with such lands and structures, having considered the same, reports favorably thereon with an amendment and recommends that the Act, as amended, do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE. This Act may be cited as ‘‘America’s Historical and Natural Legacy Study Act’’. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ‘‘Secretary’’ means the Secretary of the Interior. SEC. 3. HARRY S TRUMAN NATIONAL HISTORIC SITE SPECIAL RESOURCE STUDY. (a) IN GENERAL.—The Secretary shall conduct a special resource study of the Harry S Truman Birthplace State Historic Site (referred to in this section as the ‘‘birthplace site’’) in Lamar, Missouri, to determine— (1) the suitability and feasibility of— (A) adding the birthplace site to the Harry S Truman National Historic Site; or (B) designating the birthplace site as a separate unit of the National Park System; and (2) the methods and means for the protection and interpretation of the birth- place site by the National Park Service, other Federal, State, or local govern- ment entities, or private or nonprofit organizations. -
Alabama Legislative Black Caucus V. Alabama, ___ F.Supp.3D ___, 2013 WL 3976626 (M.D
No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- ALABAMA LEGISLATIVE BLACK CAUCUS et al., Appellants, v. THE STATE OF ALABAMA et al., Appellees. --------------------------------- --------------------------------- On Appeal From The United States District Court For The Middle District Of Alabama --------------------------------- --------------------------------- JURISDICTIONAL STATEMENT --------------------------------- --------------------------------- EDWARD STILL JAMES U. BLACKSHER 130 Wildwood Parkway Counsel of Record Suite 108 PMB 304 P.O. Box 636 Birmingham, AL 35209 Birmingham, AL 35201 E-mail: [email protected] 205-591-7238 Fax: 866-845-4395 PAMELA S. KARLAN E-mail: 559 Nathan Abbott Way [email protected] Stanford, CA 94305 E-mail: [email protected] U.W. CLEMON WHITE ARNOLD & DOWD P. C . 2025 Third Avenue North, Suite 500 Birmingham, AL 35203 E-mail: [email protected] ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Whether a state violates the requirement of one person, one vote by enacting a state legislative redis- tricting plan that results in large and unnecessary population deviations for local legislative delegations that exercise general governing authority over coun- ties. ii PARTIES The following were parties in the Court below: Plaintiffs in Civil Action No. 2:12-CV-691: Alabama Legislative Black Caucus Bobby Singleton Alabama Association of Black County Officials Fred Armstead George Bowman Rhondel Rhone Albert F. Turner, Jr. Jiles Williams, Jr. Plaintiffs in consolidated Civil Action No. 2:12-CV-1081: Demetrius Newton Alabama Democratic Conference Framon Weaver, Sr. Stacey Stallworth Rosa Toussaint Lynn Pettway Defendants in Civil Action No. 2:12-CV-691: State of Alabama Jim Bennett, Alabama Secretary of State Defendants in consolidated Civil Action No. -
International Law at Home: Enforcing Treaties in U.S. Courts
Article International Law at Home: Enforcing Treaties in U.S. Courts Oona A. Hathawayt, Sabria McElroytt & Sara Aronchick Solowtft I. IN TR O DU CTIO N ................................................................................................................................ 5 1 II. THE HISTORY OF INTERNATIONAL LAW AT HOME....................................................................56 A . Foundingto W orld War II..............................................................................................57 1. Contract ......................................... ......... 60 2. Property and Inheritance ...................................... 60 3. Detention and Habeas Corpus ................................... 61 4. Right to "Carry on Trade ...................................... 62 B . W orld W ar II to M edellin............................................................................................. 63 1. The Presumption in FavorofEnforcement Weakens....................................... 63 2. The Bricker Backlash .............................................. 68 C. After Medellin ................................................... 70 1. A PresumptionAgainst PrivateRights ofAction..............................................71 2. An End to the Carve-Outfor Private Law ........................... 73 Ill. How INTERNATIONAL LAW COMES HOME................................................................................76 A. Indirect Enforcement .............................................. 77 1. Implementing Legislation ........................... -
Of the National Security Act
The President’s Compliance with the “Timely Notification” Requirement of Section 501(b) of the National Security Act Under the Constitution, the President has plenary authority to represent the United States and to pursue its interests outside the borders of the country, subject only to limits contained in the Constitution itself and to such statutory limitations as the Constitution permits Congress to impose by exercising one of its enumerated powers. The conduct of secret negotiations and intelligence operations lies at the very heart of the President’s executive power. Statutory requirements that the President report to Congress about his activities in the realm of foreign policy must be construed consistently with his constitutional authority. A statute requiring the President to give Congress notice of covert operations “in a timely fashion” if he withholds prior notification should be construed to permit the President sufficient discretion to choose a reasonable moment for notifying Congress, including withholding notification at least until the secret diplomatic or covert undertaking has progressed to a point when disclosure will not threaten its success. December 17, 1986 M e m o r a n d u m O p in io n f o r t h e A t t o r n e y G e n e r a l This memorandum responds to your request that this Office review the legality of the President’s decision to postpone notifying Congress of a recent series of actions that he took with respect to Iran. As we understand the facts, the President has, for the past several months, been pursuing a multifaceted secret diplomatic effort aimed at bringing about better relations between the United States and Iran (partly because of the general strategic importance of that country and partly to help end the Iran-Iraq war on terms favorable to our interests in the region); at obtaining intelligence about political conditions within Iran; and at encouraging Iranian steps that might facilitate the release of American hostages being held in Lebanon. -
Wilderness Study Areas
I ___- .-ll..l .“..l..““l.--..- I. _.^.___” _^.__.._._ - ._____.-.-.. ------ FEDERAL LAND M.ANAGEMENT Status and Uses of Wilderness Study Areas I 150156 RESTRICTED--Not to be released outside the General Accounting Wice unless specifically approved by the Office of Congressional Relations. ssBO4’8 RELEASED ---- ---. - (;Ao/li:( ‘I:I)-!L~-l~~lL - United States General Accounting OfTice GAO Washington, D.C. 20548 Resources, Community, and Economic Development Division B-262989 September 23,1993 The Honorable Bruce F. Vento Chairman, Subcommittee on National Parks, Forests, and Public Lands Committee on Natural Resources House of Representatives Dear Mr. Chairman: Concerned about alleged degradation of areas being considered for possible inclusion in the National Wilderness Preservation System (wilderness study areas), you requested that we provide you with information on the types and effects of activities in these study areas. As agreed with your office, we gathered information on areas managed by two agencies: the Department of the Interior’s Bureau of Land Management (BLN) and the Department of Agriculture’s Forest Service. Specifically, this report provides information on (1) legislative guidance and the agency policies governing wilderness study area management, (2) the various activities and uses occurring in the agencies’ study areas, (3) the ways these activities and uses affect the areas, and (4) agency actions to monitor and restrict these uses and to repair damage resulting from them. Appendixes I and II provide data on the number, acreage, and locations of wilderness study areas managed by BLM and the Forest Service, as well as data on the types of uses occurring in the areas. -
19-1434 United States V. Arthrex, Inc. (06/21/2021)
(Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. ARTHREX, INC. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 19–1434. Argued March 1, 2021—Decided June 21, 2021* The question in these cases is whether the authority of Administrative Patent Judges (APJs) to issue decisions on behalf of the Executive Branch is consistent with the Appointments Clause of the Constitu- tion. APJs conduct adversarial proceedings for challenging the valid- ity of an existing patent before the Patent Trial and Appeal Board (PTAB). During such proceedings, the PTAB sits in panels of at least three of its members, who are predominantly APJs. 35 U. S. C. §§6(a), (c). The Secretary of Commerce appoints all members of the PTAB— including 200-plus APJs—except for the Director, who is nominated by the President and confirmed by the Senate. §§3(b)(1), (b)(2)(A), 6(a). After Smith & Nephew, Inc., and ArthroCare Corp. (collectively, Smith & Nephew) petitioned for inter partes review of a patent secured by Arthrex, Inc., three APJs concluded that the patent was invalid. On appeal to the Federal Circuit, Arthrex claimed that the structure of the PTAB violated the Appointments Clause, which specifies how the President may appoint officers to assist in carrying out his responsi- bilities. -
The Filibuster and Reconciliation: the Future of Majoritarian Lawmaking in the U.S
The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate Tonja Jacobi†* & Jeff VanDam** “If this precedent is pushed to its logical conclusion, I suspect there will come a day when all legislation will be done through reconciliation.” — Senator Tom Daschle, on the prospect of using budget reconciliation procedures to pass tax cuts in 19961 Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including the Bush tax cuts and much of Obamacare. This has led to minoritarian attempts to reform reconciliation, particularly through the Byrd Rule, as well as constitutional challenges to proposed filibuster reforms. We argue that the success of the various mechanisms of constraining either the filibuster or reconciliation will rest not with interpretation by † Copyright © 2013 Tonja Jacobi and Jeff VanDam. * Professor of Law, Northwestern University School of Law, t-jacobi@ law.northwestern.edu. Our thanks to John McGinnis, Nancy Harper, Adrienne Stone, and participants of the University of Melbourne School of Law’s Centre for Comparative Constitutional Studies speaker series. ** J.D., Northwestern University School of Law (2013), [email protected]. -
Badlands Wilderness Area
National Park Service 25216 Ben Reifel Road U.S. Department of the Interior Interior, South Dakota 57750 (605) 433 - 5361 Badlands National Park http://www.nps.gov/badl/ Division of Resource Education Where the Earth and Its Community of Life Are Untrammeled by Man: Badlands Wilderness Area The Wilderness Act gives a definition to special places in our National Parks, Forests, and other protected lands. Passed in 1964, this law gave a tangible description to something that seemed to be almost uniquely American: wilderness. Considered to be one of the most eloquent documents in American government, the Act requires federally designated wilderness to be of sufficient size to permit natural systems – communities of life – to thrive “untrammeled by man, where man himself is a visitor who does not remain.” Wilderness offers itself to each of us on our own terms. Some of us are content to experience wilderness of the mind – it’s enough to know wilderness exists in the world. Others are compelled to explore designated wilderness to take on its challenges. Hopefully, we do not aspire to conquer wilderness. The legal concept of wilderness has a companion inside all humans: wildness. It is this primitive quality of life that causes innovation, wonder, and exploration. Valuing the wildness in ourselves and wilderness as an American landscape brings us closer to becoming active members in the “community of life” described in the Wilderness Act. A Sense of Place The wilderness area of Badlands National Park is the largest prairie wilderness in the United States. Established on October 20, 1976 under the provisions of the Wilderness Act, the Badlands Wilderness Area consists of 64,144 acres, or over 25% of the total park. -
10 Men Killed and Others Wounded at Matewan, W. Va
THE BATTLE OF MATEWAN CENTENNIAL EDITION Original Reprint Courtesy Of Wolfe Williams & Reynolds EXTRA! Black Lung Attorneys Matewan, WV, Logan, WV and Norton, VA Mingo Messenger 304 752-2126 YOUR SOURCE FOR ALL THINGS MINGO EXTRA! VOLUME IX NO. 20 • 28 PAGES MINGO COUNTY • WEEKEND EDITION, MAY 15-17, 2020 50 CENTS 10 MEN KILLED AND OTHERS WOUNDED AT MATEWAN, W. VA. Mayor, Seven Detectives and Two Miners Die in Battle Resulting From Union Troubles Ten men were killed addition to Felts were were widely divergent, ny. Local officials, this affirmative, according to two weeks and the mines and others shot in a bat- killed, and two miners. one report last night was report said, apparently police, and was in the act have been shut down. tle fought between mem- The list of dead fol- that the Baldwin-Felts sympathized with the of reading the Organizers are in bers of the Baldwin-Felts lows: Albert Felts, Cabell men had been the victims efforts which have been warrant when Mullens there organizing a union Detective agency and Testament, L. E. Felts, E. of an ambuscade and made for the unionization shot and killed him. and had stirred up much miners of the P. M. C. A., Powell, A. J. Booker, that most of them fell in of the Norfolk & Western Detective Ferguson, bad feeling. and Stone Mountain Coal J. W. Feguson, L. their tracks with but lit- coal fields, and refused officers say, then killed Gov. Cornwell sent companies in the streets M. Brown, C. B. Cun- tle chance to make a fight to serve the eviction war- Mullens, and the killing soldiers to Matewan of Matewan, Mingo-co., ningham, James Mullen, for their lives. -
Black Hills, Badlands & Mount Rushmore
COMPLIMENTARY $3.95 2019/2020 YOUR COMPLETE GUIDE TO THE PARKS BLACK HILLS, BADLANDS & MOUNT RUSHMORE ACTIVITIES • SIGHTSEEING • PRESERVATION EVENTS • TRAILS • HISTORY • MAPS • MORE OFFICIAL PARTNERS T:5.375” S:4.75” WELCOME S:7.375” SO TASTY EVERYONE WILL WANT A BITE. T:8.375” Welcome to the Black Hills and Badlands of South Dakota! As you explore our fine state, I’m confident you’ll find some of the best scenery, most unique attractions and friendliest people in the country. Our scenic drives, such as Spearfish Canyon and the 70-mile Peter Norbeck Scenic Byway, will surprise you with amazing views around every corner. Just 50 miles east, you’ll find a moon-like landscape in Badlands National Park. If you need to stretch your legs, you’ll find more than 400 miles of nature walks and hikes. South Dakota is also home to two of the world’s largest Chad Coppess/South Dakota Dept. of Tourism mountain carvings: patriotic Mount Rushmore National Me- Governor Dennis Daugaard & First Lady Linda Daugaard morial and Crazy Horse Memorial, a tribute to Native Ameri- cans. I encourage you to visit both and learn the history and story behind each of these magnificent sculptures. I also encourage you to take a drive through Custer State Park, the country’s second largest state park, where wildlife abounds. Along Wildlife Loop Road, you’ll have a chance to see antelope, deer, prairie dogs, “beg- ging” burros and the park’s 1,300-member bison herd. In fact, Austin-Lehman Adventures named Custer State Park one of the world’s Top 10 Wildlife Destinations. -
Art Ecology and Planning: Strategic Concepts and Creativity Within the Post Industrial Public Realm
ART ECOLOGY AND PLANNING: Strategic Concepts and Creativity within the Post Industrial Public Realm Collins, T. M. A thesis submitted to the University of Plymouth in partial fulfilment for the degree of DOCTOR OF PHILOSOPHY July, 2007 i Copyright Statement This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without the author's prior consent. ii Art Ecology and Planning: Strategic Concepts and Creativity within the Post Industrial Public Realm by Timothy Martin Collins A thesis submitted to the University of Plymouth in partial fulfilment for the degree of DOCTOR OF PHILOSOPHY Art & Design, School of Art & Performance. University of Plymouth July 2007 iii Timothy Martin Collins Art Ecology and Planning: Strategic Concepts and Creativity within the Post Industrial Public Realm Abstract: The intent of this thesis and its attendant body of practical work was to examine and test ideas and practices that can inform and expand the artists’ role in the post-industrial public realm and its environmental context. The general focus was on transformative approaches to contemporary public art. The specific interest (and area of practice) is defined by artwork that takes an interdisciplinary approach to new forms of social creativity in the context of post-industrial environmental change. This dissertation begins with a broad literature review to understand public