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Newsletter - 1980-12-25, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-18, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-11, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

County Contracts In Georgia: "Written And Entered", R. Perry Sentell Jr.

Mercer Law Review

The law surrounds the local government contracting process with a number of requirements. Some of those requirements go primarily to the substance of the contract, and some deal largely with matters of form. Of the latter, the two points most often projected are the tangibility of the agreement and its location in the official records.

Beginning in 1863 and continuing in 1980, Georgia statutory law has highlighted both tangibility and location for the contracts of counties. Via a single mandate, the historic statute commands that "[a]U contracts entered into by the ordinary with other persons in behalf of the county …

Informational Privacy Under The Open Records Act, Dennis P. Quarles

Mercer Law Review

An element essential to the vitality of a democracy is its citizens' ability to obtain information on the workings of their government. Georgia citizens are guaranteed access to all state, county, and municipal public records by the "Open Records Act."' In recent years, many individuals and groups, especially the news media, have resorted to this statute in order to gain access to government records. The records sought have been outside the categories of traditional courthouse records such as land titles and mortgages, and have consisted of documents such as ambulance records of a hospital authority, records of a public housing …

Hennessy V. Webb: Sovereign Immunity For The Less-Than-Sovereign - How Far Will It Go?, Susan Pyeatt

Mercer Law Review

In Hennessy v. Webb, the Georgia Supreme Court held that a public school principal was entitled to governmental immunity from tort liability for alleged negligence in allowing a hazardous condition to exist upon school premises. The court ruled that plaintiffis action was brought against the principal in his official capacity as an agent of the board of education for negligent exercise of his authorized discretion.

Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock

St. Mary's Law Journal

Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …

A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi

St. Mary's Law Journal

Abstract Forthcoming.

Health Maintenance Organizations: An Overview Of The History, Federal And Texas Legislation, And Current Problems., John D. Jackson

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The 1979 Texas Deceptive Trade Practices Act And Possible Ramifications Of Recent Amendments: Is The Act Still Consumer Oriented., Edmond R. Mccarthy Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Had there been an American Olympics expedition during this survey period, the gold would in all probability have gone to those who litigate and legislate in Georgia local government law. Again this year, the magnitude of the activity was awesome. Only the more noteworthy developments can be treated; even those must be covered in highly summary fashion. The cases are loosely organized by topic, and the statutes are all general ones. Welcome, therefore, to a legal land of plenty.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

Providence Needs An Effective 'Land Bank' Policy, Chester Smolski

Smolski Texts

"Recent disclosures on the purchase of vacant lots in Providence by certain city officals have raised two serious questions, only one of which has been addressed."

Exclusionary Zoning Of Community Facilities, Becky S. Jenkins

North Carolina Central Law Review

No abstract provided.

Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem

University of Michigan Journal of Law Reform

Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.

The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein

Scholarly Works

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.

Scholarly Works

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 …

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review

Michigan Law Review

This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …

The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages.

Includes footnotes (pages 44 to 47).

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Clean Air Act And Mineral Development, Paul D. Phillips

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

16 pages (includes charts, maps, and illustrations).

Contains 3 pages of references.

The Resource Conservation And Recovery Act And Mineral Development, Robert E. Hamel

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

30 pages.

Water Rights For Western Mineral Development On Public Lands, A. Dan Tarlock

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

13 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

Appeal No. 0026: Atlas Energy Group, Inc. V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 234

Newsletter - 1980-07-03, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.

Contribution And Indemnity Between Negligent And Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.