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The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
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The governmental-proprietary distinction has led a stormy life. Courts have characterized it as “illusory,” a “quagmire,” a “rule of law that is inherently unsound,” and as a “talismanic formula” that results in “unenlightening characterizations of States’ activities.” Commentators have branded the distinction as “probably one of the most unsatisfactory known to the law,” have questioned its internal coherence, and have dismissed it as irrelevant in constitutional decisions. The distinction, however, clings stubbornly to life, appearing in a remarkably wide range of cases. The United States Supreme Court itself appears ambivalent about its worth. In some cases, the Court has rejected …
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
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For the last sixty years, workers' compensation has constituted a distinct subject of administration in Georgia municipal government and, consequently, a distinct subject of controversy in Georgia municipal law. Of course, many of the problems, issues, and solutions ar ethe same, whether the covered employment be municipal or private in nature. Still, municipal law possesses its own quagmires, quandaries, and conundrums; some of those peculiarities can yield unique questions regarding workers' compensation. Whether general or unique, the appellate courts have rendered a number of decisions on the subject, and those decisions make for yet another compact chapter in Georgia municipal …