Digital Commons Network^™

The Statewide Prosecutor: A New Weapon Against Organized Crime, R. Scott Palmer, Barbara M. Linthicum

Florida State University Law Review

No abstract provided.

Managing Florida's Growth: Toward An Integrated State, Regional, And Local Comprehensive Planning Process, Thomas G. Pelham, William L. Hyde, Robert P. Banks

Florida State University Law Review

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

The Illinois Seat Belt Law: Should Those Who Ride Decide, 19 J. Marshall L. Rev. 193 (1985), Daniel Compton

UIC Law Review

No abstract provided.

Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther

Kentucky Law Journal

No abstract provided.

Sovereign Immunity -- Revisited But Still Not Refined, Susan C. Mcdonald

Florida State University Law Review

No abstract provided.

Involuntary Commitment Of The Mentally Disabled: Implementation Of The Law In Winston-Salem, North Carolina, W. Lawrence Fitch

North Carolina Central Law Review

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Boston In Transition: A Financial Analysis, Raymond L. Flynn, Financial Analysis Research Group, John W. Mccormack Institute Of Public Affairs, University Of Massachusetts Boston

McCormack Graduate School General Publications (active until 2013)

The new Mayor of Boston must earn the confidence of the taxpaying public in his financial leadership by employing credibility and candor in the management of city affairs.

To begin the process of re-enfranchising Bostonians who have come to mistrust financial decisions seemingly determined by political calculations, the new Mayor must make an accurate disclosure of the City's financial picture, rely on the commitment of the state to properly support its capital city and restore integrity and strong management controls to government operations. Recommendations for budget cuts, hiring freezes and adjustments in tax rates, when they are necessary, should only …

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Katherine A. Adams

Kentucky Law Journal

No abstract provided.

Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth

Washington Law Review

Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …

"Green River Ordinances": Where Does The Burden Belong?, Osborne M. Reynolds, Jr.

Fordham Urban Law Journal

Over the years, many communities have attempted to restrict door-to-door salespersons. Green River Ordinance is a term derived from an ordinance adopted in Green River, Wyoming, in November, 1931. The measure declared the practice of going in or upon private residences for the purpose of peddling, or soliciting orders for the sale of goods without prior consent of the owners or occupants of the residence a nuisance and subjected such activities to criminal penalties. The popularity of, and controversy over, these ordinances continue to this day.

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.

A Farewell To Arms - An Analysis Of Texas Handgun Control Law., Robert G. Newman

St. Mary's Law Journal

Abstract Forthcoming.

Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii

University of Michigan Journal of Law Reform

This Note describes and analyzes Michigan's Prison Overcrowding Emergency Powers Act. Part I reviews briefly current efforts to relieve prison overcrowding and concludes that traditional remedies are largely inadequate. Part II examines the early prisoner release statute and its implementation. Finally, Part III evaluates the statute's success in relieving prison overcrowding .

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller

University of Richmond Law Review

On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

The City of Boston's 3-year Pair Housing Plan (1981-83) identifies the following six goals for achieving greater freedom of choice in housing for its minority residents: 1) To improve the delivery of services relative to the enhancement of freedom of choice to all minorities in Boston as they relate to fair housing; 2) To increase enforcement of fair housing laws; 3) To increase public safety and security to assure equal access throughout the City of Boston; 4) To Increase the participation of all minorities and low-and moderate-income people in all City of Boston housing programs; 5) To increase low-cost housing …

Impact Fees: An Answer To Local Governments' Funding Dilemma, Julian Conrad Juergensmeyer, Robert Mason Blake

Florida State University Law Review

No abstract provided.

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

Municipal Liability For Police Misconduct, 51 Miss. L.J. 1 (1980), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Ombudsman, Or Citizens' Defender - The North Carolina Experience, William G. Haemmel

North Carolina Central Law Review

No abstract provided.

The Relationship Between Military And Civil Power In Ohio, John Kulewicz

Cleveland State Law Review

State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.

The Relationship Between Military And Civil Power In Ohio, John Kulewicz

Cleveland State Law Review

State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.