Law Commons^™

County Contracts In Georgia: "Written And Entered", R. Perry Sentell Jr.

Mercer Law Review

The law surrounds the local government contracting process with a number of requirements. Some of those requirements go primarily to the substance of the contract, and some deal largely with matters of form. Of the latter, the two points most often projected are the tangibility of the agreement and its location in the official records.

Beginning in 1863 and continuing in 1980, Georgia statutory law has highlighted both tangibility and location for the contracts of counties. Via a single mandate, the historic statute commands that "[a]U contracts entered into by the ordinary with other persons in behalf of the county …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Had there been an American Olympics expedition during this survey period, the gold would in all probability have gone to those who litigate and legislate in Georgia local government law. Again this year, the magnitude of the activity was awesome. Only the more noteworthy developments can be treated; even those must be covered in highly summary fashion. The cases are loosely organized by topic, and the statutes are all general ones. Welcome, therefore, to a legal land of plenty.

Informational Privacy Under The Open Records Act, Dennis P. Quarles

Mercer Law Review

An element essential to the vitality of a democracy is its citizens' ability to obtain information on the workings of their government. Georgia citizens are guaranteed access to all state, county, and municipal public records by the "Open Records Act."' In recent years, many individuals and groups, especially the news media, have resorted to this statute in order to gain access to government records. The records sought have been outside the categories of traditional courthouse records such as land titles and mortgages, and have consisted of documents such as ambulance records of a hospital authority, records of a public housing …

Hennessy V. Webb: Sovereign Immunity For The Less-Than-Sovereign - How Far Will It Go?, Susan Pyeatt

Mercer Law Review

In Hennessy v. Webb, the Georgia Supreme Court held that a public school principal was entitled to governmental immunity from tort liability for alleged negligence in allowing a hazardous condition to exist upon school premises. The court ruled that plaintiffis action was brought against the principal in his official capacity as an agent of the board of education for negligent exercise of his authorized discretion.

Health Maintenance Organizations: An Overview Of The History, Federal And Texas Legislation, And Current Problems., John D. Jackson

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The 1979 Texas Deceptive Trade Practices Act And Possible Ramifications Of Recent Amendments: Is The Act Still Consumer Oriented., Edmond R. Mccarthy Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock

St. Mary's Law Journal

Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …

A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem

University of Michigan Journal of Law Reform

Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.

Exclusionary Zoning Of Community Facilities, Becky S. Jenkins

North Carolina Central Law Review

No abstract provided.

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review

Michigan Law Review

This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …

Procedural Aspects Of Settlement: An Overview Of Texas Law Lawyer's Forum - Settlements - New Perspectives., J. Hadley Edgar

St. Mary's Law Journal

Abstract Forthcoming.

Contribution And Indemnity Between Negligent And Strictly Liable Tortfeasors Lawyer's Forum - Settlements - New Perspectives., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Uslta: Marketable Record Title Act - A New Title Theory And Its Effect On Texas Law., Sue Ortman

St. Mary's Law Journal

Abstract Forthcoming.

The Case Against Living Probate, Mary Louise Fellows

Michigan Law Review

This Article presents the case against living probate in hopes of preventing a reform that was appropriately discarded a century ago. Part I describes the various living probate proposals, highlighting their similarities, differences, and procedural complexities, and the benefits they seek to realize. Part II lays out four failings of living probate that call the desirability of this reform into question. Finally, in Part III, I propose an alternative reform which concentrates on the underlying problem inspiring living probate proposals - the expense and uncertainty of a mental capacity requirement for executing a valid will.

Open Space Taxation And State Constitutions, David A. Myers

Vanderbilt Law Review

this Article will first examine the theoretical function and form of state constitutions. This analysis can in turn be used to develop criteria for evaluating the content of these open space amendments. These criteria can then be used to suggest alternative methods of constitutional change that will allow state governments to respond most effectively to contemporary problems in the taxation of real property.

... This Article has been concerned with the various justifications for putting open space taxation provisions in state constitutions. It should be noted, however, that these amendments can have important negative effects on state constitutional law. Because …

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

Exemptions To The Sunshine Law And The Public Records Law: Have They Impaired Open Government In Florida?, Mary K. Kraemer

Florida State University Law Review

No abstract provided.

Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick

Washington Law Review

After briefly noting the background of relevant Washington law, Part I of this note analyzes the SAVE court's reasoning to reveal indications of an underlying interventionism in its review of the rezone. Part II assesses the problems of such judicial intervention, first in the exclusionary zoning cases relied upon by the SAVE court for its regional welfare standard, and then in the context of zoning actions with the kind of extralocal environmental impacts presented by SAVE. Finally, arguments favoring increased judicial intervention are presented. The note concludes that there are both practical and doctrinal justifications for heightened judicial scrutiny of …

Reaffirmation Of Local Initiative: North Carolina's 1979 Historic Preservation Legislation, Keith N. Morgan

North Carolina Central Law Review

No abstract provided.

The North Carolina Historic Preservation And Conservation Agreements Act: Assessment And Implications For Historic Preservation, Michelle Rippon

North Carolina Central Law Review

No abstract provided.

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

Assistance Of Counsel In Texas., Sam Houston Clinton, Brian William

St. Mary's Law Journal

Abstract Forthcoming.

Personal Injuries And The Texas Survival Statute: The Case For Recovery Of Damages For A Decedent's Lost Future Earnings., Karl L. Rubinstein

St. Mary's Law Journal

Abstract Forthcoming.

Predictions Of Dangerousness In Texas: Psychotherapists' Conflicting Duties, Their Potential Liability, And Possible Solutions., Marilyn Hammond

St. Mary's Law Journal

Abstract Forthcoming.

Public Law 94-142 And The Texas Law., Ann Macmurray

St. Mary's Law Journal

Abstract Forthcoming.

Involuntary Intoxication Is A Defense In Texas., Lewis Buttles

St. Mary's Law Journal

Abstract Forthcoming.

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.