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Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb

St. Mary's Law Journal

Abstract Forthcoming.

Appendix: Revised Constitution Of The State Of Florida As Proposed By The Florida Constitution Revision Commission, May 11, 1978

Florida State University Law Review

No abstract provided.

Preventive Detention And Equal Protection Of The Law In Texas., Mark Stevens

St. Mary's Law Journal

Abstract Forthcoming.

Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck

Cleveland State Law Review

This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible …

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Legislative Notes: The Economic Impact Disclosure Act, William F. Flynn

University of Michigan Journal of Law Reform

While the traditional concern with agency discretion is that agency decision-making will be biased in favor of the regulated industries, agencies are also criticized for failing to investigate the impact of their policies on the regulated client and the resulting cost to consumers. This failure prevents the agency from responding adequately to the legitimate interests of either the business community or consumers. This note examines a recently developed procedure designed to improve the agency decisionmaking process by requiring economic prediction of the effect which agency activities will have prior to agency action.

In particular, this note examines three issues. Part …

Requiring Preservation And Maintenance Of Historical District Is Within Zoning Power, Stephen Roger Kane

Mercer Law Review

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer

Fordham Urban Law Journal

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Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

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

West Virginia Law Review

No abstract provided.

Indiana City Attorneys: A Conflict Of Interests, Christina Mckee

Indiana Law Journal

No abstract provided.

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …

State V. Ecker, 311 So. 2d 104 (Fla. 1975), Deborah Miller

Florida State University Law Review

Constitutional Law- VAGRANCY- FLORIDA'S LOITERING STATUTE UPHELD AS CONSTITUTIONAL WHEN CONSTRUED TO PROHIBIT LOITERING WHICH THREATENS PUBLIC SAFETY OR A BREACH OF THE PEACE.

Energy Policy: A Test For Federalism, Jon L. Mills, R.D. Woodson

UF Law Faculty Publications

This Article will examine the bases of state and federal power, exploring areas of both potential and existing conflict within the energy field. Situations in which either the state or federal government appears to have exclusive authority also will be scrutinized. Possible answers to problems caused by the clashing of governmental interests will be suggested, with an eye toward aiding policymakers to reach agreements which may avert such conflicts. Finally, a prognosis of the future of federalism in regard to the energy issue will be offered.

The Maryland Inmate Grievance Commission Or The Federal Courts? A Problem Of Exhaustion

Maryland Law Review

No abstract provided.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

No abstract provided.

Strengthening Equal Protection Analysis In Maryland: Territorial Classification And In Re Trader

Maryland Law Review

No abstract provided.

Design Defect Cases: The Present State Of Illinois Products Liability Law, 8 J. Marshall J. Prac. & Proc. 351 (1975), Michael A. Pope

UIC Law Review

No abstract provided.

State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

Michigan's citizens, as well as its government, seem but dimly aware of the fact that Michigan-the home of America's most growth-centered industry, the automobile-lies at the very eye of the environmental storm. This article seeks to take a broad look at the shortcomings of Michigan's environmental protection in recent years. In so doing, it groups many of Michigan's recent environmental failings into broad categories which will both clarify the status of Michigan's environmental law climate and provide a basis for its reform. Parts One and Two consist of this analysis and evaluation. Part Three will examine possible solutions and offer …

Kentucky Law Survey: Torts, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Book Chapters

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggests that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

Impasse In North Carolina: The Need For A Viable Public Employees Labor Relations Act, William G. Haemmel

North Carolina Central Law Review

No abstract provided.

Code Revision In Maryland: The Courts And Judicial Proceedings Article, William H. Adkins Ii

Maryland Law Review

No abstract provided.

Reallocation Of Responsibilities And/Or Financing For Selected Municipal Services To The State: A Municipal Finance Alternative, Joseph S. Slavet, Katharine L. Bradbury, Philip I. Moss, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

This report recommends that the administration and/or financing of a selected group of public services be shifted from municipalities to the state government in Massachusetts.

Several criteria are used to identify local functions and local fiscal responsibilities which are more suitable for state than local financing. The first criterion is the efficiency of delivery of the service: for some functions, such as solid waste disposal, technology makes it more costly per capita to provide the service separately through individual municipalities than to operate regionally-based waste disposal facilities. The second criterion is the degree to which residents of the service area …

Sociocultural Impact Of Reservoirs On Local Government Institutions, Philip Drucker, Jerry Eugene Clark, Lesker Dianne Smith

KWRRI Research Reports

This study of the probable sociocultural impact of a proposed reservoir in central Kentucky on the institutions of local governments of a community adjacent to the reservoir utilizes anthropological concepts of social values and cultural and social change as well as anthropological research techniques. Data on observed impact on the same institutions in communities adjacent to two recently completed Kentucky reservoirs permit inferences as to probable directions and extent of reservoir-related change. Specific aspects of impact considered include: effects of reduction of the county tax base due to Federal acquisition of lands, including necessity for increased severity of taxes and …

Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack

Cleveland State Law Review

In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.