Law Commons^™

The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz

University of Michigan Journal of Law Reform

Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman

University of Michigan Journal of Law Reform

What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been …

Local Government Law, R. Perry Sentell

Mercer Law Review

This particular [City Commission] meeting had drawn on for quite some time, until it was getting fairly late. We heard someone knocking very rapidly on the plate glass window. As I turned around, I observed an elderly woman, the wife of the Mayor. The Mayor appeared to ignore his wife and continued to conduct the meeting. Not getting any response from her knocking, the wife then walked into the building, grabbed the Mayor by the arm, and scolded him that it was ridiculous that the City Commission was meeting so late at night. "You," she informed the Mayor, "are going …

Is There A Dormant Extraterritoriality Principle?: Commerce Clause Limits On State Antitrust Laws, Michael J. Ruttinger

Michigan Law Review

State antitrust laws ordinarily supplement federal law by providing a cause of action for anticompetitive activity that occurs in the state. Some states, however, have construed their antitrust regimes to reach conduct that occurs outside the state's boundaries. Such regulation raises significant federalism and Commerce Clause concerns by creating possible extraterritorial liability for conduct with virtually no in-state effect. This Note examines two Commerce Clause standards that may limit the degree to which state antitrust laws may exercise extraterritorial force-the "dormant" or "negative" Commerce Clause and the so-called "Extraterritorial Principle." Unfortunately, the dormant Commerce Clause test, as articulated in Pike …

Issue 2: Annual Survey 2007 Table Of Contents

University of Richmond Law Review

No abstract provided.

Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker

University of Richmond Law Review

In 2005, the Virginia Stock Corporation Act (the "Virginia Act") was extensively revised and updated for the first time since 1985. Having just undertaken such a major revision to the Virginia Act,

the General Assembly further amended the Act in a more targeted fashion in 2006 and 2007. Section II of this article addresses some of the changes that have taken place since the 2005 amendments and gives a brief overview of some conforming changes that have been incorporated in the Virginia Nonstock Corporation Act (the "Nonstock Act").

There has also been a concerted effort to conform the language and …

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Michigan Law Review

Most academics assume that suburbanites are "exiters " who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: exiters' historical, social, and economic connections with "their" center cities are frequently used to justify both growth controls and regional government. The exit story, however no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not exit from, urban life. Most suburbanites are "enterers "-people who were born in, or migrated directly to, suburbs and who have not spent time living in any …

Why Children Still Need A Lawyer, Marcia Robinson Lowry, Sara Bartosz

University of Michigan Journal of Law Reform

Every day approximately 500,000 children across the United States wake up in foster care, most in foster family homes, though many others in group homes and institutions. These children entered the state foster care system as innocent victims of abuse or neglect occurring in their birth homes. As wards of the state, they depend completely on the government to provide for their essential safety and wellbeing and to reconnect them with a permanent family, hopefully their own.

Though state child welfare agencies possess fundamental legal obligations under the United States Constitution and federal and state statutes to provide adequate care …

North Carolina V. Bryant: Paving The Way For A Comprehensive National Sex Offender Registry, Karen S. Schuller

North Carolina Central Law Review

No abstract provided.

The Multiethnic Placement Act: Threat To Foster Child Safety And Well-Being?, David J. Herring

University of Michigan Journal of Law Reform

Despite the efforts of public officials to reduce the time children spend in foster care, many children live in foster homes for a substantial portion of their childhoods. In fact, a child placed in a foster home may remain in that home for an extended period, with a significant possibility of remaining there permanently. In light of this situation, the decision to place a child in a particular foster home is extremely important.

The federal Multiethnic Placement Act ("MEPA ") significantly affects foster care placement decisions. This law expressly prohibits public child welfare agencies from delaying or denying a child's …

Noontime Dumping: Why States Have Broad Discretion To Regulate Onboard Treatments Of Ballast Water, Kyle H. Landis-Marinello

Michigan Law Review

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the …

Driving Too Fast: Spitzer's Failed Experiment At Immigration Reformation, Katherine Liebner

Buffalo Public Interest Law Journal

No abstract provided.

Native America And The Rule Of Law, Dr. Joe Shirley Jr.

University of Richmond Law Review

No abstract provided.

Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday

Washington and Lee Law Review

No abstract provided.

The Role Of Local Governments In Great Lakes Environmental Governance: A Canadian Perspective, Marcia Valiante

University of Michigan Journal of Law Reform

Restoration of environmental integrity in the Great Lakes Basin has been only a qualified success after thirty-five years of efforts pursuant to policies developed by federal, state, and provincial governments. Many unresolved problems stem from activities under local government control, yet in the past local governments were excluded from Great Lakes policy-making. By looking at recent changes in the powers, interests, experience, and influence of local governments in Ontario, this Essay concludes that local governments now have the ability to participate meaningfully in Great Lakes policy formation and implementation. To include local governments would improve the chances of successful restoration …

The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz

University of Michigan Journal of Law Reform

The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …

Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams

University of Michigan Journal of Law Reform

In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …

Transferring Water In The American West: 1987-2005, Jedidiah Brewer, Robert Glennon, Alan Ker, Gary Libecap

University of Michigan Journal of Law Reform

Rising urban and environmental demand for water has created growing pressure to re-allocate water from traditional agricultural uses. Water markets are powerful institutions for facilitating this re-allocation, yet the evolution of water markets has been more complicated than those for other resources. In this paper, we set the context for water marketing with an overview of western water law that highlights unique aspects of water law that affect how or whether a water market can develop. Second, we present new, comprehensive data on the extent, nature, and timing of water transfers across 12 western states from 1987-2005. We describe the …

Daimlerchrysler V. Cuno: The Supreme Court Hits The Brakes On Determining The Constitutionality Of Investment Incentives Given By States To Corporate America, Jonathan Edwards

Mercer Law Review

In DaimlerChrysler Corp. v. Cuno, the United States Supreme Court, under the pen of Chief Justice Roberts, unanimously held that state taxpayers did not have Article III standing to challenge local property tax abatements and investment tax credits given to DaimlerChrysler Corporation ("Daimler"). Claiming standing as municipal and state taxpayers, the plaintiffs challenged the City of Toledo and the State of Ohio's decisions to offer Daimler certain exemptions from and reductions of its local property and state franchise taxes. The Court held that the plaintiffs failed to satisfy the injury-in-fact and redressability requirements of standing because their alleged injury …

Case Index

University of Richmond Law Review

No abstract provided.

Issue 4: Symposium Table Of Contents

University of Richmond Law Review

No abstract provided.

Author Index

University of Richmond Law Review

No abstract provided.

Subject Index

University of Richmond Law Review

No abstract provided.

Title Index

University of Richmond Law Review

No abstract provided.

The Dream Of Greater Municipal Autonomy: Should The Legislature Or The Courts Modify Dillon's Rule, A Common Law Restraint On Municipal Power, Louis V. Csoka

North Carolina Central Law Review

No abstract provided.

Constitutional Challenges To Indiana's Third-Party Custody Statutes, Kristen H. Fowler

Indiana Law Journal

No abstract provided.

Simon Says: Time For A New Approach To Choice-Of-Law Questions In Indiana, Eric J. Mckeown

Indiana Law Journal

No abstract provided.

Localism And The West Virginia Constitution, Robert M. Bastress Jr.

West Virginia Law Review

No abstract provided.

Love You Madly: The Life And Times Of The Neighborhood Legal Services Program Of Washington, D.C., Brian Gilmore

University of the District of Columbia Law Review

This article is a brief historical examination of the origins of the Neighborhood Legal Services Program and an analysis of the work of the program as a federally-funded legal services program for forty years. Part I of this article examines the history of the program in the early years and the birth of the "neighborhood" concept in legal services. Part II analyzes the key precedent-setting housing cases the program litigated in the 1960's and 1970's. Part III addresses the criticisms of the program and reviews legal services in general. For instance, almost immediately from its inception, the idea of neighborhood-based …