Law Commons^™

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.

In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.

Breaking The Silence: Advancing Knowledge About Adoption For Counseling Psychologists, Amanda Baden, Kathy P. Zamostny, Mary O'Leary Wiley, Karen M. O'Brien, Richard M. Lee

Department of Counseling Scholarship and Creative Works

Provides an introduction to the Major Contribution for this issue of Counseling Psychologist. The Major Contribution consists of an overview article describing the practice of adoption and two detailed reviews of recent empirical literature related to adoptive families and transracial adoptees. Given the prevalence of people affected by adoption, the lack of knowledge regarding adoption among researchers and practitioners, the inattention to adoption research by psychology, and the negative myths about and stigma faced by adoptive triad members, the Major Contribution will have the following as its purposes: (a) to increase awareness of the psychological and sociocultural issues involved in …

The Practice Of Adoption: History, Trends, And Social Context, Amanda Baden, Kathy P. Zamostny, Karen M. O'Brien, Mary O'Leary Wiley

Department of Counseling Scholarship and Creative Works

This article presents an overview of the practice of adoption to counseling psychologists to promote clinical understanding of the adoption experience and to stimulate research on adoption. The article includes definitions of adoption terminology, important historical and legal developments for adoption, a summary of adoption statistics, conceptualizations of adoption experience, themes and trends in adoption outcome research related to adoptees and birthparents, and selected theoretical models of adoption. The importance of considering social context variables in adoption practice and research is emphasized.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

Health Care Law, Kathleen M. Mccauley

University of Richmond Law Review

No abstract provided.

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Revenue And Taxation Legislative Summary 2003, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Ed Chavez, Chair
Honorable Mark Wyland, Vice Chair
Honorable Tom Harman
Honorable John Laird
Honorable Mark Leno
Honorable Joe Simitian
Democratic Vacancy

STAFF:
Kimberly Bott, Chief Consultant
Eileen Roush, Principal Consultant
Christine Hiersche, Committee Secretary

Assembly Committee On Public Safety: 2003 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS
Mark Leno, Chair
Jay La Suer, Vice Chair
Rudy Bermudez
Jackie Goldberg
Paul Koretz
John Longville
Todd Spitzer

COMMITTEE STAFF
Bruce E. Chan, Chief Counsel
Gregory Pagan, Counsel
Kathleen Ragan, Counsel
Danielle A. Lee, Counsel
Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron

Faculty Scholarship

No abstract provided.

Three Steps And You're Out: The Misuse Of The Sequential Evaluation Process In Child Ssi Disability Determinations, Frank S. Bloch

University of Michigan Journal of Law Reform

The federal Supplemental Security Income (SSI) program provides cash benefits to financially needy persons who are 65 years of age or older, blind, or disabled. It also provides cash benefits to children with disabilities under the age of 18. This Article examines three sets of regulatory efforts to implement special disability standards for children, based first on the original SSI legislation, then on a seminal Supreme Court decision, and finally on amendments to the Social Security Act overruling the Court's decision, and shows how the "sequential evaluation process," which has been useful for adjudicating adult disability claims, has been a …

Guidebook For Implementation Of Senate Bill 1610 And Senate Bill 221 Of 2001 To Assist Water Suppliers, Cities, And Counties In Integrating Water And Land Use Planning, California Department Of Water Resources

California Agencies

Senate Bills 610 (Chapter 643, Statutes of 2001) and Senate Bill 221 (Chapter 642, Statutes of 2001) amended state law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 are companion measures which seek to promote more collaborative planning between local water suppliers and cities and counties. Both statutes require detailed information regarding water availability to be provided to the city and county decision-makers prior to approval of specified large development projects. Both statutes also require this detailed information be …

F03rs Sgb No. 2 (Amend Bylaws), Chasse, Hebert

Student Senate Enrolled Legislation

A BILL

To remove the Housing Committee from the Student Senate Bylaws and replace it with a Campus Outreach Committee.

F03rs Sgb No. 6 (Pse Funds), Widener

Student Senate Enrolled Legislation

A Bill

To appropriate $2,223.00 dollars to the LSU Beta Xi Chapter of Pi Sigma Epsilon (PSE) to help defray the cost of hosting and sending 60 student delegates to the 2003 Pi Sigma Epsilon Southern Regional Fall Conference October 17^th -19^th in New Orleans, Louisiana.

F03rs Sgb No. 9 (Model Un), Bowlin

Student Senate Enrolled Legislation

A BILL

TO APPROPRIATE ONE THOUSAND THREE HUNDRED TWENTY-EIGHT DOLLARS EIGHTY-EIGHT CENTS ( $1,328.88) TO THE MODEL UNITED NATIONS ORGANIZATION AT LSU TO HELP DEFRAY THE TRAVEL, LODGING, AND REGISTRATION COSTS TO ATTEND THE SOUTHERN REGIONAL MODEL UNITED NATIONS (SRMUN) XIV CONFERENCE IN ATLANTA, GA FROM NOVEMBER 20-23, 2003.

F03rs Sgb No. 15 (Election Code), Hattaway, Hebert

Student Senate Enrolled Legislation

A BILL

To amend the Election Code so that the Newly Passed constitutional Amendment and the Election Code Coincide for the Spring 2004 Elections

F03rs Sgb No. 17 (Election Code), Hattaway, Hebert

Student Senate Enrolled Legislation

A Bill

To amend the SG Election code to allow absentee voting at a location to be determined by the Commissioner of Elections

F03rs Sgb No. 8 (Amend Constitution), Hattaway, Watson

Student Senate Enrolled Legislation

A BILL

to amend Article VI, Section Four, Sub-Section Two of the LSU A&M Student Government Constitution to meet a changing election board and the method for which they are chosen.