Law Commons^™

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …

Appeal No. 0499: Michigan Geosearch, Inc. V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 92-22

Appeal No. 0478: Energy Distributors, Inc. And James And Pauline Primmer V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-383

Appeal No. 0530: Titan Energy Corporation, V. Donald L. Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-44

Appeal No. 0507: Valley Petroleum Management, V. Donald L. Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 92-195

Appeal No. 0501: W.K. Frost, Inc., V. Donald L. Mason, Chief Division Of Oil And Gas, Ohio Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 92-127

Appeal No. 0383: Tansky Oil Production V. Donald L. Mason, Chief Division Of Oil And Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 89-66

Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff

Faculty Publications

This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.

Texas Bucks The Trend - No Cause Of Action For Lost Chance Of Survival In The Medical Malpractice Context: Kramer V. Lewisville Memorial Hospital, Wayne Barnes

Faculty Scholarship

Jennie Kramer visited her gynecologist in August 1985 complaining of unusual discharges and intermittent bleeding. At that time, her doctor informed her that she tested negative for cancer. Her irregular bleeding continued, but on two subsequent visits to another doctor in November and December, Ms. Kramer was again informed that she did not have cancer. During February of 1986, after continued bleeding, Ms. Kramer detected a hard spot in her vagina. She returned to the second doctor a third time, at which time she was diagnosed with cancer. In spite of subsequent exploratory surgery and chemotherapy, Ms. Kramer died on …

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Law Faculty Articles and Essays

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …

Putting It Together: Implications And Directions—Clashing Cultures, Clashing Economies, Clashing Values, Ed Marston

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

6 pages.

Contains references.

Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus

Law Faculty Briefs and Court Documents

A City of Cleveland Ordinance leasing space in the airport to the Catholic Diocese of Cleveland for use as a chapel, which is available to religious groups and persons of all faiths does not violate the Establishment Clause of the First Amendment.

Appeal No. 0476: Kudu Corp. V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-302

Building Community Around Water: The Shift From Icon To Substance In The Local Politics Of Water, Donald Snow

Water Organizations in a Changing West (Summer Conference, June 14-16)

11 pages.

Water And Communities: Emerging Issues For Water Organizations, A. Lee Brown, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

13 pages.

Contains 2 pages of references.

Watershed Based Initiatives For Water Resource Planning And Management In Washington State, Kenneth O. Slattery

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.

New Legislative Approaches, Larry Morandi

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger

Water Organizations in a Changing West (Summer Conference, June 14-16)

15 pages.

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

Responding To Water Quality Problems Through Improved Management Of Agricultural Water, David G. Cone, Dennis Wichelns

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Contains references.

Strategies For Acquiring New Urban Water Supplies, Patricia Mulroy

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

Strategies For Acquiring New Urban Water Supplies, Guy R. Martin

Water Organizations in a Changing West (Summer Conference, June 14-16)

9 pages.

Contains references.

Strategies For Acquiring New Urban Water Supplies, Hamlet J. "Chips" Barry

Water Organizations in a Changing West (Summer Conference, June 14-16)

5 pages.

Programs For Obtaining Future Supplies Of Water For Southern California, Duane L. Georgeson

Water Organizations in a Changing West (Summer Conference, June 14-16)

19 pages (includes map).

The Need For A Regional Drainage District In Water Quality Regulation, Chelsea H. Congdon, Terry F. Young, Brian Gray

Water Organizations in a Changing West (Summer Conference, June 14-16)

11 pages.

Contains references.

Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

From Conflict To Cooperative Water Resource Management: The Chelan Agreement And Water Resources Forum [Outline], Bill Frank, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

8 pages.

Public And Private Options For Evolving Water Organizations, Tim De Young, Duane Brown

Water Organizations in a Changing West (Summer Conference, June 14-16)

45 pages.

Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.