Law Commons^™

Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner

Washington Law Review

Part I of this comment reviews the judicial analysis underlying the Washington doctrine, and outlines the elements and scope of the vesting rule. Part II analyzes the Mercer decision and questions whether that decision promotes the purposes of the Washington doctrine in the PUD zoning context. This comment contends that the Mercer court's rule for vesting rights to develop land on the basis of incomplete building permit applications fails to consider important public policy interests. In conclusion, Part III proposes a modified vesting rule that addresses the problems inherent in the Mercer decision.

Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern

St. Mary's Law Journal

Abstract Forthcoming.

Moving Towards An Evidence Law Of General Princples: Several Suggestions Concerning An Evidence Code For North Carolina, Walker J. Blakey

North Carolina Central Law Review

No abstract provided.

Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning

North Carolina Central Law Review

No abstract provided.

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

Florida State University Law Review

No abstract provided.

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.

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 …

The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake

University of Michigan Journal of Law Reform

In recent years, Blue Cross/Blue Shield has been the subject of considerable controversy. Its critics charge the non-profit, tax-exempt corporation with being unduly secretive, arrogantly unresponsive to consumer interest and not vigorous in its cost containment efforts. These criticisms, along with a variety of other factors, led to the legislative reform I am here to talk to you about this evening.

Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley

University of Michigan Journal of Law Reform

At a 1979 workers' compensation seminar for the Michigan Legislature, University of Michigan law professor Marcus Plant closed by noting that "[m]y intent was to sketch in broad strokes the background of our workers' disability compensation law. It is my firm belief that wise decisions as to where we should go cannot be made unless we know how we got where we are. " I share Professor Plant's belief. I feel strongly that wise public policy decisions about where we should go next in the reform process depend substantially on a good understanding of how we got where we are …

Fighting Municipal Economic Woes With Planning And Land Use Tools: Land Banking To Promote Urban Shrinkage; A Proposal, Susan Hedges Patton

Buffalo Law Review

No abstract provided.

California Expansion Of First Amendment Does Not Infringe On Federally Protected Rights, Mark Emanuel

Mercer Law Review

In Prune Yard Shopping Center v. Robins, the United States Supreme Court held that the California Constitution, which protects speech and petitioning in private shopping centers, does not violate the shopping center owner's rights under the federal constitution. The shopping center owner argued unsuccessfully that the state constitution violated federally protected property rights under the fifth and fourteenth amendments and free speech rights under the first and fourteenth amendments.

City Zoning: The Once And Future Frontier, Michigan Law Review

Michigan Law Review

A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock

The Municipal Zoning Power And Section 1983 Liability After Owen V. City Of Independence, Margaret M. Fahrenbach

Loyola University Chicago Law Journal

No abstract provided.

Stansbury V. Maupin: Kentucky's Refusal To Recognize Legislative Home Rule For First Class Cities, Judith Adams Villines

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Rules, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Civil Procedure, John R. Leathers, Roxane M. Tomasi, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.

Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller

Florida State University Law Review

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction

Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew

Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness

University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process

Order …

Condominium Law: A Comparison Of The Uniform Act With The Illinois Act, 14 J. Marshall L. Rev. 387 (1981), Stephen B. Cohen, Allen Goldberg, Conrad M. Mulvaney

UIC Law Review

No abstract provided.

The Constitutionality Of Special Interrogatories Under The Illinois Civil Practice Act, 14 J. Marshall L. Rev.761 (1981), Joseph F. Vosicky Jr.

UIC Law Review

No abstract provided.

Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein

Cleveland State Law Review

It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Municipal Law, J. David Morris

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Juvenile Code, Kathleen D. Patterson

Kentucky Law Journal

No abstract provided.