Law Commons^™

Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman

West Virginia Law Review

No abstract provided.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The arresting officer established the case and the Defendant, sensing the inevitability of his plight, entered a plea of guilty. The City Court Judge, a compassionate man, ... began his routine of delivering a short lecture on the evils of alcohol .... "Now you see, John, this... is a perfect example of what happens when you start drinking. You go out, you get drunk, you get behind the wheel, and here you are severely injured. By the way, what's your prognosis?" It was apparent ... that [the Defendant] considered the Judge's question to be of utmost importance. However, it was …

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman

Michigan Law Review

The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …

Mapping A Labyrinth To Justice: Lessons And Insights From Innovative Legal Services Delivery Methodologies Implemented In The District Of Columbia, Jan A, May

University of the District of Columbia Law Review

No abstract provided.

Legal Needs For The Low-Income Population In Washington, Dc, Lynn E. Cunningham

University of the District of Columbia Law Review

No abstract provided.

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.

Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker

The Journal of Appellate Practice and Process

Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.

Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley

University of Arkansas at Little Rock Law Review

No abstract provided.

Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner

University of Arkansas at Little Rock Law Review

No abstract provided.

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …

The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin

University of Michigan Journal of Law Reform

Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …

Just Hangin' Around: Gangs And Due Process Vagueness In City Of Chicago V. Morales, Jerritt Farrar

Mercer Law Review

In City of Chicago v. Morales, the Supreme Court revisited the issue of the constitutionality of municipal and state loitering laws. In this case the Court was presented with a Chicago municipal ordinance that prohibited individuals from loitering with known gang members. The Court struck down the ordinance as overly vague under the Due Process Clause of the Fourteenth Amendment. It found that the law gave too much discretion to police officers charged with its enforcement and did not define its crucial terms specifically enough. The Court was closely divided, however, and both the concurring and dissenting Justices gave …

Municipal Police Power In Washington State, Hugh D. Spitzer

Washington Law Review

Local governments in Washington State have enjoyed strong regulatory powers since the state's constitution was adopted in 1889. Those "police powers" initially focused on the protection of public health and safety, but broadened in the early twentieth century to encompass the protection of consumers and employees and the promotion of the general welfare. The Supreme Court of Washington sparingly applied "substantive due process" as a brake on the police power and promptly dropped that doctrine when the U.S. Supreme Court ceased its use in the 1930s. However, the vocabulary of substantive due process lived on in state court opinions defining …

Seay V. Cleveland: Resolution Of The Ministerial Discretionary Dichotomy, Franklin D. Guerrero Jr.

Mercer Law Review

In 1992 the Georgia State Legislature passed the Georgia State Tort Claims Act ("GTCA") which waived the state's sovereign immunity. The GTCA defines "state" as the "State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions" but the statute specifically excludes "counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities." Under the GTCA a discretionary function or duty is specifically defined by statue. However, the common law distinction between ministerial and discretionary functions still applies to all entities exempted from the GTCA.

Standards For Appellate Conduct Adopted In Texas, Kevin Dubose

The Journal of Appellate Practice and Process

Texas is the first state to adopt standards of conduct for appellate advocates. This article examines the reason for, content of, along with the limitations and benefits of Texas’s Standards for Appellate Conduct.

The Legislative Jurisdiction Of States Over Transactions In International Electronic Commerce, 18 J. Marshall J. Computer & Info. L. 689 (2000), Tapio Puurunen

UIC John Marshall Journal of Information Technology & Privacy Law

With increasing growth and development of E-commerce and a rapid increase in the number of Internet Users, government assessment of current protections granted to consumers in their states is encouraged. The author's purpose is to examine national legislation on e-commerce regulation and its limits, to resolve jurisdictional conflict of laws associated with e-commerce, and to propose possible solutions to these emerging problems. This article covers market functions between business and consumer transactions. First, government should not ignore consumer e-commerce since e-commerce trade is significant on both national and international levels. Secondly, the author pushes for an extensive effort to unify …

Department Of Alcoholic Beverage Control, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

Department Of Corporations, Kelly Ann Debie

California Regulatory Law Reporter

No abstract provided.

Cal-Osha, Rebecca A. Roichards, Tatiana Rodriguez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

The Future Of Kentucky's Punitive Damages Statute And Jural Rights Jurisprudence: A Call For Separation Of Powers, M. Scott Mcintyre

Kentucky Law Journal

No abstract provided.

Respiratory Care Board, Jessica A. Neyman, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Charlotte Wilder, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Florida's Tort Reform Act: Keeping The Faith With The Promise Of Hoffman V. Jones, George N. Meros, Jr., Chanta Hundley

Florida State University Law Review

No abstract provided.

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.

Legislative Analyst's Office, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Shirley S. Prasad, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.

California Architects Board, Karla Dawn Bell, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.