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State and Local Government Law

Series

1979

Articles 1 - 11 of 11

Full-Text Articles in Law

Agins V. City Of Tiburon, Lewis F. Powell Jr. Oct 1979

Agins V. City Of Tiburon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer Jul 1979

Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer

Faculty Scholarship

No abstract provided.

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Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr. Apr 1979

Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.

Scholarly Works

Responsibility for damage caused by the misconduct of local government officers and employees has long been a concern of the law and of legal observers. According to most accounts, Anglo-American law historically has responded with two diverse rules: immunity for the governments, and liability for the official; both, however, are only points of departure. Although both rules are well established, each carries its own qualifications and the precise relationship between the two is a matter of some controversy.

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Statutory And Judicial Responses To The Problem Of Access To Government Information, Constance Y. Singleton, Howard Hunter Mar 1979

Statutory And Judicial Responses To The Problem Of Access To Government Information, Constance Y. Singleton, Howard Hunter

Research Collection Yong Pung How School Of Law

The tremendous growth of government occasioned by greater involvement in the social and economic life of the nation has been the cause of many concerns. Two perennial concerns have been the extent to which the government can prevent public access to information on the basis of which policies and decisions are made and the possibility for misuse by the government of information private to individuals or business firms. This article focuses on federal statutory responses to these issues. The legislative intent has usually been praiseworthy but the resulting statutes, especially as they have been interpreted by the courts, have often …

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Actions And Remedies Against Government Units And Public Officers For Nonfeasance, 11 Loy. U. Chi. L.J. 101 (1979), Paul T. Wangerin Jan 1979

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, 11 Loy. U. Chi. L.J. 101 (1979), Paul T. Wangerin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Service Of Process In Virginia, William Hamilton Bryson Jan 1979

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

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Civil Rights Litigation After Monell, Eric Schnapper Jan 1979

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

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Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky Jan 1979

Note, Antitrust Law – Municipal Immunity – Application Of The State Action Doctrine To Municipalities - City Of Lafayette V. Louisiana Power & Light Co., Juliet P. Kostritsky

Faculty Publications

This noted discusses City of Lafayette v. Louisiana Power & Light Co.

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Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal Jan 1979

Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal

Faculty Publications

This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives

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Comparative Negligence In Texas, William V. Dorsaneo Iii Jan 1979

Comparative Negligence In Texas, William V. Dorsaneo Iii

Faculty Journal Articles and Book Chapters

Article 2212a of the Texas Revised Civil Statutes, the Comparative Negligence and Contribution Among Joint Tortfeasors Act, took effect on September 1, 1973. It made significant changes in the respective rights and liabilities of injured persons and tortfeasors in negligence cases. This paper is principally concerned with multiple tortfeasor cases, and with section 2 of article 2212a, which modified principles concerning joint and several liability, contribution, and settlement. Prior to the enactment of article 2212a, each tortfeasor whose negligent behavior proximately caused an indivisible injury to another was jointly and severally liable to the injured party. This principle has been …

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A Note On The Georgia Contracts Code, Julian B. Mcdonnell Jan 1979

A Note On The Georgia Contracts Code, Julian B. Mcdonnell

Scholarly Works

Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …

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