Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 691 - 720 of 1064

Full-Text Articles in Legal History

The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller Jan 1995

The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller

UIC Law Review

No abstract provided.


Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks May 1994

Revitalizing Our Cities Or Restoring Ties To Them? Redirecting The Debate, Donald A. Hicks

University of Michigan Journal of Law Reform

In this Article, I generally concur that certain legal reforms do hold considerable potential for ameliorating some of the desperate circumstances we find in our cities today. My view is rooted in the recognition that past reforms which dismantled legal barriers to equal opportunity were of monumental significance in broadening social and economic access to our urban arrangements. But it also is rooted in the conviction that a new wave of legal reform might well be required in order to reconsider other past reforms that, however unintentionally, have made many matters worse. Above all, any proposed legal reform should be …


The History Of Statutory Compilations In Pennsylvania, Joel Fishman Jan 1994

The History Of Statutory Compilations In Pennsylvania, Joel Fishman

Joel Fishman

This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.


Voice In Government: The People, Emily Calhoun Jan 1994

Voice In Government: The People, Emily Calhoun

Publications

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Publications

No abstract provided.


The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna Jan 1993

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.


Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman Jan 1993

Defying Precedent: Can Abenaki Aboriginal Title Be Extinguished By The "Weight Of History"?, Gene Bergman

American Indian Law Review

No abstract provided.


The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer Jan 1993

The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state supreme courts. …


Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson Jan 1992

Beyond The Second Amendment: An Individual Right To Arms Viewed Through The Ninth Amendment , Nicholas J. Johnson

Faculty Scholarship

Traditionally, the debate over the individual right to possess firearms has focused on the origins and meaning of the Second Amendment. Some constitutional scholars have dismissed the idea that the Second Amendment protects an individual right to arms. They argue that it only prevents the federal government from disarming states. Other scholars, focusing on the language of the amendment and its historical context, conclude that it does indeed establish an individual right to firearms. This article examines whether, even absent the Second Amendment, the Constitution restrains government from taking away what may be individuals' best tools of self-defense. The foothold …


Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan May 1991

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder Jan 1991

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka Jan 1991

Legal Rape: The Marital Rape Exemption, 24 J. Marshall L. Rev. 393 (1991), Sandra L. Ryder, Sheryl A. Kuzmenka

UIC Law Review

No abstract provided.


Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert Jan 1991

Preventing The Silent Epidemic From Crippling Our Children: Recommended Revisions Of The Illinois Lead Poisoning Prevention Act, 24 J. Marshall L. Rev. 843 (1991), Carolyn H. Eckert

UIC Law Review

No abstract provided.


The Kentucky Bill Of Rights: A Bicentennial Celebration, Ken Gormley, Rhonda G. Hartman Jan 1991

The Kentucky Bill Of Rights: A Bicentennial Celebration, Ken Gormley, Rhonda G. Hartman

Kentucky Law Journal

No abstract provided.


One Hundred Years Of Wyoming Water Law, Mark Squillace Jan 1991

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson Jan 1991

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.


Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick Jan 1991

Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick

UIC Law Review

No abstract provided.


Ex Proprio Vigore, James J. White Jan 1991

Ex Proprio Vigore, James J. White

Articles

The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.


Promulgating The Marriage Contract, Lynn A. Baker Jan 1990

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …


The Role Of The States In The First Century Of The Sherman Act And The Larger Picture Of Antitrust History, James May Jan 1990

The Role Of The States In The First Century Of The Sherman Act And The Larger Picture Of Antitrust History, James May

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman Jan 1990

Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman

Articles, Book Chapters, & Popular Press

Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and …


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.


Law And Disputing In Commercializing Early America, Cornelia Dayton May 1989

Law And Disputing In Commercializing Early America, Cornelia Dayton

Michigan Law Review

A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann


The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson Jan 1989

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches Jan 1989

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.


Water Marketing In Wyoming, Mark Squillace Jan 1989

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson Jan 1989

Aldo Leopold And Western Water Law: Thinking Perpendicular To The Prior Appropriation Doctrine, Charles F. Wilkinson

Publications

No abstract provided.