State and Local Government Law Commons^™

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

In this day, the general practice which does not typically touch upon some aspect of "local government law" is a rare one indeed. What may once have been peripheral has become truly central. These realities were duly reflected during the survey period, when the appellate courts rendered more than 80 material decisions and the General Assembly enacted more than 20 notable measures.

The court decisions are arranged by subject matter, and only the most noteworthy legislative products are included. Not surveyed are local and special enactments, population statutes, and resolutions proposing amendments to the constitution but not yet ratified.

Welcome …

Private Club's Lease From City At Token Rental Does Not Constitute State Action, Chix Miller

Mercer Law Review

In Golden v. Biscayne Bay Yacht Club, the U.S. Court of Appeals for the Fifth Circuit held that where the City of Miami's only connection with the defendant yacht club was its lease of certain bay bottom lands to the club for $1 per year, the action of the club in barring blacks and members of the Jewish religion from membership did not constitute state action under 42 U.S.C.A. §1983.

Biscayne Bay Yacht Club was organized in 1887, nine years before the City of Miami became a municipality. Except for the lease, the City of Miami never participated in …

Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark

Florida State University Law Review

No abstract provided.

Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole

St. Mary's Law Journal

Abstract Forthcoming.

The Dead Man's Statute Before And After The Florida Evidence Code -- A Step In The Right Direction, Linda Jones Wells

Florida State University Law Review

No abstract provided.

The Negligent Impairment Of Consortium - A Time For Recognition As A Cause Of Action In Texas., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.

A Remedy For Undermade And Oversold Products - The Texas Deceptive Trade Practices Act., Michael P. Lynn

St. Mary's Law Journal

Abstract Forthcoming.

Texas Surface Mining And Reclamation Act - New Hope For Protection Of Texas Resources., Kay C. Martinez

St. Mary's Law Journal

Strip mining has been an increasingly important method of mineral extraction since the 1930's. It is economically preferable to shaft mining, for operator and consumer, because it extracts coal from the surface as opposed to the more costly methods of deep mining. More than 50% of all coal gets mined through the stripping method as of 1972. Unfortunately, some of the same characteristics which have made strip mining desirable have also produced extremely undesirable results in the environment. Sulfuric and sedimentary water pollution, caused by surface mining, affects the suitability of water for human consumption, and the stripping has often …

Proffitt V. State, 315 So. 2d 461 (Fla. 1975), Elaine Kay Freemyer

Florida State University Law Review

Evidence- HUSBAND-WIFE PRIVILEGE- TESTIMONY OF THIRD PARTY EAVESDROPPER CONCERNING PRIVILEGED COMMUNICATION ADMISSIBLE WHERE PRIVILEGED PARTY KNOWS OR HAS REASON TO KNOW OF EAVESDROPPER'S PRESENCE.

Stacking Uninsured Motorist Protection, Medical Payments, And Personal Injury Protection Coverages In Texas., Edward J. York Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Proposed Reforms In North Carolina Divorce Law, Patricia H. Marschall

North Carolina Central Law Review

No abstract provided.

Can The Joint Administrative Procedures Committee Adequately Solve Administrative Conflict, C. Anthony Cleveland

Florida State University Law Review

No abstract provided.

Fears V. Lunsford, 314 So. 2d 578 (Fla. 1975), Diane Kay Kiesling

Florida State University Law Review

Civil Procedure- VOLUNTARY DISMISSAL- PLAINTIFF'S RIGHT TO TAKE VOLUNTARY DISMISSAL IS ABSOLUTE; OR PLAINTIFF GETS A SECOND CHANCE.

Martin V. Security Services, Inc., 314 So.2d 765 (Fla. 1975), Nancy Ann Daniels

Florida State University Law Review

Torts- WRONGFUL DEATH- FLORIDA'S WRONGFUL DEATH ACT IS CONSTITUTIONAL AND PERMITS PUNITIVE DAMAGES.

Restructuring The Legislature: A Proposal For Unicameralism In Washington, Randall A. Peterman, Philip Talmadge

Washington Law Review

The tenability of such a unicameral legislature in Washington will be analyzed by examining: 1) the background and history of unicameralism; 2) the effect of the reapportionment cases on the need for a bicameral legislature; 3) the "efficiency" of a unicameral as opposed to a bicameral legislature; and 4) means of implementing a change from bicameralism to unicameralism. In addition, results of the authors' poll of state legislators and a sample constitutional amendment are presented.

Civil Commitment In Texas - An Illusion Of Due Process., Willis Luttrell

St. Mary's Law Journal

Abstract Forthcoming.

Informed Consent: A New Standard For Texas., Gail Dalrymple

St. Mary's Law Journal

Abstract Forthcoming.

Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid

West Virginia Law Review

No abstract provided.

City Estopped From Asserting Failure To Comply With Charter Requirement Of Notice Due To Reasonable Reliance Upon Conduct Of Unauthorized City Officials., Richard M. Roberson

St. Mary's Law Journal

Abstract Forthcoming.

Negligence As A Standard Of Recovery In Libel Actions In Texas., Suzie Barrows

St. Mary's Law Journal

Abstract Forthcoming.

Where The Place Of Injury Is Unknown And Unascertainable, Texas Will Apply The Law Of The Place Of The Wrongful Act., Patrick J. Kennedy Jr.

St. Mary's Law Journal

Abstract Forthcoming.

The Due-On-Sale Clause As A Reasonable Restraint On Alienation - A Proposal For Texas., Connie B. Leonis

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …

Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review

Michigan Law Review

Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …

Frank Murphy: The Detroit Years, George Edwards

Michigan Law Review

A Review of Frank Murphy: The Detroit Years by Sidney Fine

Municipal Securities Rulemaking Board: A New Concept Of Self-Regulation, Roswell C. Dikeman

Vanderbilt Law Review

The municipal securities industry, an important segment of the national capital markets, directly affects both the quality of life and the pace of community development throughout the nation. Municipal securities, broadly defined to include all debt securities issued or guaranteed by the states and their political subdivisions,' are the vehicle by which states, their agencies, and local governments finance both long- and short-term debt requirements. In calendar 1975, for example, the municipal securities industry raised approximately 29.2 billion dollars in long-term issues. In 1973, 8,147 long- and short-term issues raised almost 48 billion dollars, or approximately one-quarter of all direct …

Pathways To The Top: The Political Careers Of State Supreme Court Justices, Walter A. Borowiec

North Carolina Central Law Review

No abstract provided.

Release Of Medical Records By Hospitals In North Carolina, Robert A. Brady

North Carolina Central Law Review

No abstract provided.