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

State and Local Government Law Commons™

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

Journal

2001

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 93

Full-Text Articles in State and Local Government Law

Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr. Oct 2001

Protecting Our Mentally Ill: A Critique Of The Role Of Indiana State Courts In Protecting Involuntarily Committed Mental Patients' Right To Refuse Medication, Michael Leonard Goff Jr.

Indiana Law Journal

No abstract provided.

Go to article

The Asymmetry Of State Sovereign Immunity, Richard H. Seamon Oct 2001

The Asymmetry Of State Sovereign Immunity, Richard H. Seamon

Washington Law Review

This Article discusses whether a State has sovereign immunity from claims for just compensation. The Article concludes that the States are indeed immune from just-compensation suits brought against them in federal court; States are not necessarily immune, however, from just-compensation suits brought against them in their own courts of general jurisdiction. Thus, the States' immunity in federal court is not symmetrical to the States' immunity in their own courts. This asymmetry, the Article explains, is the result of the Due Process Clause of the Fourteenth Amendment. The Due Process Clause obligates a State to provide a means of paying just …

Go to article

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew Sep 2001

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.

Go to article

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten Sep 2001

Exporting And Importing Domestic Partnerships: Some Conflict-Of-Laws Questions And Concerns, Ralph U. Whitten

BYU Law Review

This article is about conflicts of laws questions relating to domestic partnerships. The article points out that since there will be states that recognize domestic partnerships because the American Law Institute has expressed approval of domestic partnerships, there will be conflict of laws problems if not all states recognize it. The purpose of this article is to describe some of the conflicts issues that arise when parties to domestic partnerships have, or develop, contacts with more than one state. The article does so by explaining the two broad areas in which these conflicts will arise and by showing that there …

Go to article

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian Aug 2001

How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian

Michigan Law Review

Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …

Go to article

Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley Jul 2001

Got "Hormone-Free" Milk?: Your State May Have Enough Interest To Let You Know, Jennifer R. Thornley

Indiana Law Journal

No abstract provided.

Go to article

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies May 2001

Understanding Sprawl: Lessons From Architecture For Legal Scholars, Mark S. Davies

Michigan Law Review

What is suburban "sprawl"? Why is it undesirable? Why do many Americans nevertheless choose to live in sprawl? Do local zoning laws contribute to sprawl? Can democratic institutions discourage it? Legal scholars are beginning to study these urgent and complex questions. This Essay reviews Suburban Nation: The Rise of Sprawl and the Decline of the American Dream, by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck, leading architects of the influential New Urbanism or traditional town planning movement. This review makes five points about the legal study of sprawl. First, Suburban Nation provides a definition of "sprawl" that the law can …

Go to article

California's Curious Practice Of "Pocket Review", Steven B. Katz Apr 2001

California's Curious Practice Of "Pocket Review", Steven B. Katz

The Journal of Appellate Practice and Process

The majority of any California appellate panel is permitted to certify an opinion for publication that establishes new law or modifies existing rules. The California Supreme court can reverse any publication decision without giving any reason. This practice is called "pocket review." Pocket reviews risk thwarting legislative intent and sweeping the results under the rug.

Go to article

Saying Neigh To North Carolina's Equine Activity Liability Act, Karen A. Blum Apr 2001

Saying Neigh To North Carolina's Equine Activity Liability Act, Karen A. Blum

North Carolina Central Law Review

No abstract provided.

Go to article

A Conservative Defense Of Romer V. Evans, Dale Carpenter Apr 2001

A Conservative Defense Of Romer V. Evans, Dale Carpenter

Indiana Law Journal

No abstract provided.

Go to article

Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue Apr 2001

Unopened Public Street Easements In Washington: Whose Right To Use That Land Is It, Anyway?, Alfred E. Donohue

Washington Law Review

This Comment argues that landowners whose property abuts unopened public street easements have a right to reasonable, non-interfering use of such easements until the city or county opens the street for its intended purpose. Unopened public street easements are dedicated streets that a city or county has not developed or used. Often, landowners use this land to store firewood, park boats, or garden. In 1995, the City of Seattle enacted Municipal Code section 15.02.100, which prohibits all use of unopened public street easements. Several Washington court decisions purportedly support the Seattle ordinance. These decisions suggest that abutting property owners have …

Go to article

Annual Survey Of Nevada Law - 1999, Jason Frierson, J. Wade Kelson Mar 2001

Annual Survey Of Nevada Law - 1999, Jason Frierson, J. Wade Kelson

Nevada Law Journal

No abstract provided.

Go to article

Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel Mar 2001

Katie John V. United States: Balancing Alaskan State Sovereignty With A Native Grandmother's Right To Fish, Ryan T. Peel

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.

Go to article

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth Jan 2001

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth Jan 2001

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder Jan 2001

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.

Go to article

Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols Jan 2001

Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.

Go to article

Public Utilities Commission, Monisha Ann Coelho, John C. Hemmerling, Sapna Iyer, Phil Moskal Jan 2001

Public Utilities Commission, Monisha Ann Coelho, John C. Hemmerling, Sapna Iyer, Phil Moskal

California Regulatory Law Reporter

No abstract provided.

Go to article

Little Hoover Commission, Elisa Lynn Sue Jan 2001

Little Hoover Commission, Elisa Lynn Sue

California Regulatory Law Reporter

No abstract provided.

Go to article

California Board Of Accountancy, Kasey E. Jones, Shirley S. Prasad, J. D. Fellmeth Jan 2001

California Board Of Accountancy, Kasey E. Jones, Shirley S. Prasad, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth Jan 2001

Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie Jan 2001

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Journal of Law and the Public Interest

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.

Go to article

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin Jan 2001

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

Go to article

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez Jan 2001

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.

Go to article

Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth Jan 2001

Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Dental Board Of California, Collette C. Galvez, Peter Sansom Jan 2001

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

Go to article

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2001

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth Jan 2001

Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Go to article

Next Last