Digital Commons Network^™

Anti-Immigrant Backlash And The Role Of The Judiciary: A Proposal For Heightened Review Of Federal Laws Affecting Immigrants Comment., Valerie L. Barth

St. Mary's Law Journal

The hostile environment in the United States toward immigrants, as indicated by the Welfare Reform Act and Proposition 187, calls for a more meaningful judicial review of laws affecting immigrants. Although subjecting the federal government’s actions regarding immigrants to heightened review might seem to be a radical step, this Comment will explain why such a move is necessary. Part II discusses historical justifications for subjecting state and federal laws affecting immigrants to different levels of scrutiny under the Equal Protection Clause. Part III presents arguments for labeling immigrants a “suspect” class. Part IV considers the constitutionality of the Welfare Reform …

Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun

St. Mary's Law Journal

The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …

Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark

Oregon Law Institute, 1996

Course Materials from the October 11, 1996 Program in Portland

The Uncertain Scope Of Sovereign Immunity In Washington After Savage V. State, Kristi Anderson Bjornerud

Washington Law Review

In a recent decision, Savage v. State, the Washington Supreme Court declined to extend a parole officer's personal qualified immunity to the State where the plaintiff alleged negligent supervision of a parolee. This Note examines the effects of the Savage decision on the scope of sovereign immunity in Washington. It argues that the court has needlessly confused the boundaries of sovereign immunity, and should act either to abolish all judicially created limits on state liability, or create a clear test to determine under what circumstances an underlying immunity will be extended to a government employer sued on a respondeat …

Newsletter - 1996-07-25, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

A Mere Youthful Indiscretion? Reexamining The Policy Of Expunging Juvenile Delinquency Records, T. Markus Funk

University of Michigan Journal of Law Reform

Recent studies by the U.S. Department of Justice have found that, while adult violent crime rates continue to drop, today's juvenile offenders are the fastest growing segment among violent criminals. The unprecedented increase in juvenile criminality is expected to result in a dramatic increase in the overall rate of violent crime as these juveniles approach majority. Funk argues that most states have not adapted to the troubling reality that the juvenile offenders of today are not the hubcap-stealing youths of days gone by, and that chronic adult criminality is predicated on violent and repeated acts of juvenile delinquency. These jurisdictions …

Waiver Of Sovereign Immunity: An Analysis Of Gilbert V. Richardson, Susan Hurt

Mercer Law Review

In Gilbert v. Richardson, the Georgia Supreme Court addressed the issue of whether a county waives its sovereign immunity by purchasing liability insurance. On September 1, 1991, Deputy Kathy Richardson responded to an emergency call and collided with Emma and Tommy Gilbert's vehicle. Both Gilberts were injured. The Gilberts brought suit against the Walker County Sheriff's Department, the sheriff, and a deputy sheriff. Plaintiffs alleged that Sheriff Millard, as the employer of the deputy sheriff, was liable for the acts of the deputy while she was acting within the course of her employment. Walker County's Georgia Interlocal Risk Management …

Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly

Marine Affairs Theses and Major Papers

Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

Municipal Law—Utility Franchise Fees—True Nature Of Levy Immaterial When City Possesses Statutory Authority. City Of Little Rock V. At&T Communications, Inc., 318 Ark. 616 (1994)., Mark N. Halbert

University of Arkansas at Little Rock Law Review

No abstract provided.

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination Comment., Donna F. Coltharp

St. Mary's Law Journal

In the summer of 1995, the en banc Texas Court of Criminal Appeals in Flores v. State upheld a lower court’s ruling to give a drunk-driving (DWI) offender a year in prison as opposed to probation. The trial judge denied the defendant probation due to his inability to speak English. The county in which the defendant was arrested and convicted did not provide a DWI rehabilitation program in Spanish, leading the judge to determine the defendant would not benefit from probation. In his appeal, Mr. Flores claimed the lower court violated his equal protection and due process rights under the …

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

Local Government And The New York State Constitution, Richard Briffault

Faculty Scholarship

On November 4, 1997, the question "Shall there be a convention to revise the [state] constitution and amend the same?" will be submitted to the New York state electorate pursuant to the provision in the state constitution requiring that every twenty years the voters be given the opportunity to call for a constitutional convention. A longstanding constitutional concern in New York is local government and the relations between local governments and the State. With an eye to the upcoming vote on whether to hold a constitutional convention, this paper examines the place of local government and state-local relations in the …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

It was the law's year for public preoccupation. Whether the criminal trial of famous figures or the investigation of terrorism's unspeakable evils, law levied an unprecedented hold upon public attention. That same intensity of exposure ran its course in local government law as well. Whether judicial or legislative, a scrutiny of dominating proportions suffused Georgia's municipalities and counties in the spotlight of public concern. This survey offers an account of that scrutiny.

1. Municipalities
2. Counties
3. Legislation

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, N. Estacio

California Regulatory Law Reporter

No abstract provided.

California Integrated Waste Management Board, P. Negley, J. Nguyen

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, L. Baker, G. Silva

California Regulatory Law Reporter

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Board Of Registration For Professional Engineers And Land Surveyors, T. Franklin

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, M. Roth

California Regulatory Law Reporter

No abstract provided.

California Integrated Waste Management And Recycling Board, J. D. Bournazian, J. Brysk

California Regulatory Law Reporter

No abstract provided.

California Coastal Commission, P. Dennehy, K. Thompson

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, T. Franklin, K. Thompson, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Fish And Game Commission, M. Brenot, C. Putnam

California Regulatory Law Reporter

No abstract provided.

The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West

Michigan Telecommunications & Technology Law Review

In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …

Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen

North Carolina Central Law Review

No abstract provided.

Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker

Cardozo Law Review

A hallmark of American property law is the acknowledgment of the government's ability to regulate the use of private parcels of land through the zoning laws. One of the chief goals of zoning law is to prevent overdevelopment and the accompanying strain on municipal resources. A landowner seeking to make significant changes to his property must obtain a permit from the local governing body. Denial of a building permit or certificate of occupancy is the chief means for enforcing zoning regulations. If a potential developer wishes to alter his property in a way that conflicts with applicable zoning laws, he …

Assembly Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.