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1999

State and Local Government Law

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Articles 1 - 30 of 122

Full-Text Articles in Law

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin Dec 1999

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …


Local Government Law, R. Perry Sentell Jr. Dec 1999

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The City Attorney served (in those days) simultaneously as Judge of the Recorder's Court. On convening that court one Monday morning, he was shocked to see one of the community's most prominent citizens before him, charged with "drunk and disorderly."

I inquired as to the type of plea he wished to enter. Evidently having heard of "nolo contendere" but not remembering the exact nature or pronunciation of the plea, the citizen responded: "I would like to plead low profile."

The "law" of local government, both decisional and statutory, frequently fosters a similar sentiment.


Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson Oct 1999

Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson

Michigan Law Review

In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …


More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney Sep 1999

More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney

West Virginia Law Review

No abstract provided.


Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth Jul 1999

Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Jane K. Babin Jul 1999

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Nicole Slanker Jul 1999

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Allen R. Greenway Jul 1999

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.


Athletic Commission, Shannon L. Kelly, J. D. Fellmeth Jul 1999

Athletic Commission, Shannon L. Kelly, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth Jul 1999

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, Rusty Nichols Jul 1999

Office Of Administrative Law, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D 'Angelo Weichel Jul 1999

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Bureau Of State Audits, Elisa D 'Angelo Weichel Jul 1999

Bureau Of State Audits, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney Jul 1999

Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney

University of Michigan Journal of Law Reform

At century's end, states have assumed a very different role in the design, implementation, and operation of health service programs than they did twenty-five years ago. In the current volatile political atmosphere particularly at the federal level, states have taken up the mantle of healthcare reform in the final years of the 1990s. Yet there remain problems and difficulties with the current federal-state relationship in health reform. The critical question is whether states can successfully accomplish genuine reform given its politically charged, complex and costly nature. This question takes on particular significance for the most important reform-expanding coverage to the …


Board Of Behavioral Sciences, Matthew F. Archbold Jul 1999

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, J. D. Fellmeth Jul 1999

Board Of Dental Examiners, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth Jul 1999

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Gina Clark-Bellak Jul 1999

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth Jul 1999

Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jonathan Steer Jul 1999

Board Of Psychology, Jonathan Steer

California Regulatory Law Reporter

No abstract provided.


Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth Jul 1999

Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, J. D. Fellmeth Jul 1999

Contractors State License Board, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth Jul 1999

Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth Jul 1999

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Cal-Osha, Sarah F. Hardy Jul 1999

Cal-Osha, Sarah F. Hardy

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth Jul 1999

Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.