Law Commons^™

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin

University of Michigan Journal of Law Reform

Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.

Local Government And Constitutional Torts: In The Georgia Courts, R. Perry Sentell Jr.

Mercer Law Review

The concept of governmental immunity from civil responsibility has long troubled many. An ingredient of this country's common law heritage, the concept nevertheless yields the epitome in philosophic faceoffs. On the one hand, we inherently disavow governmental divinity: we subscribe to a rule-of-law demand that government restores what it destroys. On the other hand, we recognize that government's essential mission is unique and involuntary: we understand that a strictly private-sector accounting may well imperil government's public performance. Traditionally, neither position has completely prevailed, and legal history unfolds a striking account of accommodation.

None of the accounts is more striking than …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The world of local government is a place of remarkable occurrences:

At the meeting of the governing authority, the chambers were overflowing, passions were palpable, and the media descended in droves. The vote was taken on the re-zoning petition. The council's vote was evenly split. The newly elected Mayor would have to break the tie. He announced to all that he did not know how he should vote. He then proceeded to toss a coin into the air, explaining that if it was "heads," he would vote "yes," and if it was "tails," he would vote "no." As if in …

The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen

BYU Law Review

No abstract provided.

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …

Crafting An Advocate For A Child: In Support Of Legislation Redefining The Role Of The Guardian Ad Litem In Michigan Child Abuse And Neglect Cases, Albert E. Hartmann

University of Michigan Journal of Law Reform

Michigan's current statutory system leaves the role of the child's attorney unclear. In this Note, Hartmann advocates the adoption of a legislative proposal that will redefine the role of the child's attorney. The proposal specifies that the child's primary legal representative should be a guardian ad litem who will represent the best interests of the child. Hartmann begins by describing the current system and then analyzes how the proposal will modify the role of the child's attorney. Hartmann argues that the proposed changes would be highly beneficial and identifies specific points of improvement. Hartmann concludes by suggesting several reforms to …

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

The New "Pick-Your-Own" Statutes: Delineating Limited Immunity From Tort Liability, Terence J. Centner

University of Michigan Journal of Law Reform

Over the past several years, state legislatures have been asked to provide immunity from liability for members of certain interest groups including providers of horses, risky sport activities, and "pick-your-own" produce. This Article reports on statutory provisions providing tort immunity for producers who allow the public to come onto their property to harvest crops. Provisions allowing profit-making businesses to qualify for tort immunity are not new, but the expansion to cover pick-your-own operators signifies a significant policy change regarding personal liability. The pick-your-own provisions may indicate a policy shift imposing greater responsibility for persons engaging in activities to use care …

Telecommunications Act Of 1996: 704 Of The Act And Protections Afforded The Telecommunications Provider In The Facilities Sitting Context, The, Peter M. Degnan, Scott A. Mclaren, Michael T. Tennant

Michigan Telecommunications & Technology Law Review

The Telecommunications Act of 1996, signed into law by President Clinton in February, addresses, among many other important subjects, some of the technical problems that have arisen from the increasing popularity of mobile communications. This article will provide an overview of the Act and will focus specifically on the protections afforded a telecommunications provider in § 704 of the Act.

Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.

A Contract-Enhancing Norm Limiting Federal Preemption Of Presumptively State Domains, Nim Razook

Brigham Young University Journal of Public Law

No abstract provided.

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.

Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper

Richmond Public Interest Law Review

In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …

Use Tax Collection On Internet Purchases: Should The Mail Order Industry Serve As A Model, 15 J. Marshall J. Computer & Info. L. 203 (1997), Steven J. Forte

UIC John Marshall Journal of Information Technology & Privacy Law

Federal intervention is necessary to grant states the authority to collect state sales and use tax from Internet vendors who sell goods within their boundaries but reside elsewhere. With such federal intervention, local retailers, who must charge state use and sales tax to their customers, can compete more fairly with Internet vendors. In addition, state governments can access a large and growing revenue source. Under the Commerce Clause of the United States Constitution, a vendor must have a physical presence on a state before a state can require the vendor to collect and remit sales and use tax. In addition, …

Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel

Richmond Journal of Law and the Public Interest

State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.

Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel

Richmond Public Interest Law Review

State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.

Loosening The Chains That Bind: The New Variance And Waiver Provision In Florida's Administrative Procedure Act, Donna E. Blanton, Robert M. Rhodes

Florida State University Law Review

No abstract provided.

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.

Public Welfare, Supreme Court Monroe County, Brown V. Wing

Touro Law Review

No abstract provided.

Torts—Wrongful Death: A Viable Fetus Is Not A "Person" Under The Arkansas Wrongful Death Statute. Chatelain V. Kelley, 322 Ark. 517, 910 S.W.2d 215 (1995)., Brenda Daugherty Snow

University of Arkansas at Little Rock Law Review

No abstract provided.

Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio

Michigan Journal of Race and Law

Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …

Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver

Richmond Public Interest Law Review

This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …

Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper

Richmond Journal of Law and the Public Interest

In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …

Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver

Richmond Journal of Law and the Public Interest

This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …

Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall

Touro Law Review

No abstract provided.

Fetal Tissue Research: State Regulation Of The Donation Of Aborted Fetuses Without The Consent Of The Mother, 31 J. Marshall L. Rev. 277 (1997), Christie A. Seifert

UIC Law Review

No abstract provided.

The 1996 Revised Florida Administrative Procedure Act: A Survey Of Major Provisions Affecting Florida Agencies, Jim Rossi

Florida State University Law Review

No abstract provided.

Legislative Checks On Rulemaking Under Florida's New Apa, F. Scott Boyd

Florida State University Law Review

No abstract provided.

The Unconstitutionality Of State And Local Enactments In The United States Restricting Business Ties With Burma (Myanmar), David Schmahmann, James Finch

Vanderbilt Journal of Transnational Law

As a punitive measure against the military regime in Burma, state and municipal governments in the United States have adopted laws penalizing firms that conduct business in that nation. This Article analyzes the validity of these statutes and ordinances under various provisions of the U.S. Constitution.

After introducing the nature of this development and the constitutional issues raised, Part II of this Article proceeds to examine the character of the local enactments and the political backdrop which lead to their adoption. In Part II, the Authors analyze four federal constitutional issues surrounding the local legislation: implied preemption by federal legislation, …

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.