State and Local Government Law | Open Access Articles

Tort Reform 1999: A Building Without A Foundation, Robert S. Peck, Richard Marshall, Kenneth D. Kranz

Florida State University Law Review

No abstract provided.

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Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

No abstract provided.

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Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

Publications

No abstract provided.

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The Continuing Tobacco War: State And Local Tobacco Control In Washington, Alan E. Scott

Seattle University Law Review

This Article examines Washington's exemplary tobacco control efforts in the context of the larger, historical struggle to regulate tobacco. The Article begins in Part II with a brief description of the history of tobacco regulation in the United States. Part III examines the Master Settlement Agreement and its weaknesses. Part IV discusses the preference for local government regulation and the obstacles encountered. Part V examines the scope of legal authority of Washington's local governments to enact tobacco control measures, and Part VI describes Washington's tobacco control measures and the interplay between local, state, and federal laws.

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Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

No abstract provided.

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Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

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Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein

Publications

No abstract provided.

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The Maryland Survey: 1998-1999

Maryland Law Review

No abstract provided.

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Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of …

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Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler

Oklahoma Law Review

No abstract provided.

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Constitutional Law: Ethics Commission V. Keating: The Oklahoma Supreme Court Defies The Constitutional Mandate Of The People And Clips The Commission's Wings, Sean Paul Rieger

Oklahoma Law Review

No abstract provided.

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Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

No abstract provided.

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Localism And Regionalism, Richard Briffault

Faculty Scholarship

Localism and regionalism are normally seen as contrasting, indeed conflicting, conceptions of metropolitan area governance. Localism in this context refers to the view that the existing system of a large number of relatively small governments wielding power over such critical matters as local land use regulation, local taxation, and the financing of local public services ought to be preserved. The meaning of regionalism is less clearly defined and proposals for regional governance vary widely, but most advocates of regionalism would shift some authority from local governments, restrict local autonomy, or, at the very least, constrain the ability of local governments …

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Paradigm Changes In Telecommunications Regulation, Phil Weiser

Publications

No abstract provided.

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The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Publications

No abstract provided.

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Tax-Exempt Bond Financing Of Sports Stadiums: Is The Price Right, Anoop K. Bhasin

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

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The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem

Cleveland State Law Review

This panel will discuss the prospects and perils of local human rights initiatives. Specifically, I will talk about the nature of these local initiatives and their advantages and disadvantages. Time permitting, I will also talk about our successful effort last year in Toledo, Ohio to pass a human rights ordinance that includes sexual orientation as a protected category, and why it is so crucial that lawyers and law professors become involved in these local campaigns. I believe that with determination, most communities can achieve what we did in Toledo. Local human rights ordinances (HROs) take a variety of forms, and …

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Criminal Procedure: Allowing The Prosecution A "Second Bite At The Apple" In Non-Capital Sentencing: Monge V. California, Eva Maria Floyd

Oklahoma Law Review

No abstract provided.

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Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

All Faculty Scholarship

No abstract provided.

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Judges, Juries, And Reviewing Courts, William V. Dorsaneo Iii

SMU Law Review

The purposes of this paper are to evaluate the standard and scope of appellate evidentiary review of fact findings made by juries and trial judges under Texas law, and to describe and to criticize the recent treatment of the duty and causation issues in tort litigation by the Texas Supreme Court. The court has not acknowledged that the standards of evidentiary review applied to jury findings have been changed and one prominent scholar has concluded otherwise, but an examination of the court's recent jurisprudence reveals that significant changes have been made in the application of the no-evidence standard of review …

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A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

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The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

In this Article, we present the findings of our study on the improvement of public health law in Alaska. We examine and analyze the public health laws supporting the state's public health system. The fact that Alaska has attained statehood comparatively recently, and has a governing structure involving state, municipal, rural, and tribal entities presents unique opportunities for the State to improve its public health system and its supporting legal infrastructure

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Recognizing Opportunistic Bias Crimes, Lu-In Wang

Articles

The federal approach to punishing bias-motivated crimes is more limited than the state approach. Though the federal and state methods overlap in some respects, two features of the federal approach restrict its range of application. First, federal law prohibits a narrower range of conduct than do most state bias crimes laws. In order to be punishable under federal law, bias-motivated conduct must either constitute a federal crime or interfere with a federally protected right or activity-requirements that exclude racially motivated assault, property damage and many other common violent or destructive bias offenses. In most states, however, hate crimes encompass a …

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The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin

Cleveland State Law Review

This Comment examines Morales and the Court's treatment of anti-gang loitering statutes under the vagueness doctrine. Part II examines the City of Chicago's attempt to tackle the problem of gangs terrorizing its citizens and how the Illinois courts dealt with the ordinance. Part III then examines the reasons for the United States Supreme Court invalidating the ordinance, with equal emphasis placed on all the Justice's opinions. Part IV then analyzes the implications of the Court's decision, criticizing the plurality's creation of a fimdamental right to loiter and demonstrating how the ordinance survives a vagueness challenge.

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Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

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Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

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Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

The primary purpose of this article is to discuss and explain why the Texas Rules of Civil Procedure concerning the trial court's charge to the jury should be replaced by a new set of procedural rules initially developed by a Jury Charge Task Force appointed by the Texas Supreme Court in 1991. As seminared, amended, and recommended for adoption to the Texas Supreme Court by the Supreme Court Advisory Committee in 1996, these proposed rules, or comparable ones,should be promulgated by the Texas Supreme Court. Revision of the jury charge rules is desirable because the procedures for preserving complaints about …

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On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

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Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon

St. Mary's Law Journal

Internet users need protection from unsolicited commercial emails (UCEs), and this protection should come from federal legislation. Despite seventeen states having passed some sort of legislation regulating UCEs, this is insufficient to protect Internet users from UCEs. State laws are not uniformed and UCEs frequently cross state lines. Internet advertisers prefer commercial emails because of the ability to market to millions of consumers at a low cost. Consumers, however, suffer delays to their Internet access because of the amount of data UCEs accumulate, and in some cases may have to pay additional fees if they exceed the data limits of …

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Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship

When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …

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Full-Text Articles in State and Local Government Law

Tort Reform 1999: A Building Without A Foundation, Robert S. Peck, Richard Marshall, Kenneth D. Kranz

Florida State University Law Review

Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

Publications

The Continuing Tobacco War: State And Local Tobacco Control In Washington, Alan E. Scott

Seattle University Law Review

Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein

Publications

The Maryland Survey: 1998-1999

Maryland Law Review

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler

Oklahoma Law Review

Constitutional Law: Ethics Commission V. Keating: The Oklahoma Supreme Court Defies The Constitutional Mandate Of The People And Clips The Commission's Wings, Sean Paul Rieger

Oklahoma Law Review

Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

Localism And Regionalism, Richard Briffault

Faculty Scholarship

Paradigm Changes In Telecommunications Regulation, Phil Weiser

Publications

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Publications

Tax-Exempt Bond Financing Of Sports Stadiums: Is The Price Right, Anoop K. Bhasin

Jeffrey S. Moorad Sports Law Journal

The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem

Cleveland State Law Review

Criminal Procedure: Allowing The Prosecution A "Second Bite At The Apple" In Non-Capital Sentencing: Monge V. California, Eva Maria Floyd

Oklahoma Law Review

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

All Faculty Scholarship

Judges, Juries, And Reviewing Courts, William V. Dorsaneo Iii

SMU Law Review

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

Recognizing Opportunistic Bias Crimes, Lu-In Wang

Articles

The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin

Cleveland State Law Review

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Revision And Recodification Of The Texas Rules Of Civil Procedure Concerning The Jury Charge, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

Much Ado About Spam: Unsolicited Advertising, The Internet, And You., Scot M. Graydon

St. Mary's Law Journal

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship