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State and Local Government Law

1999

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Articles 1 - 30 of 169

Full-Text Articles in Law

Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 1999

Appeal No. 0670: Kermit Harris & Pearl Hendricks V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-73


Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon Dec 1999

Preserving Open Lands: Local Zoning And Financing Authority Work Together, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

State governments vest great authority in local governments to decide how and where private development shall occur, and in the alternative, where to preserve open land. The New York state legislature recognizes the importance of protecting open lands, and as such, has created several laws to facilitate local municipal action. Several methods exist that municipal government may use to accomplish this goal and this article provides several examples. For instance, the New York Court of Appeals, in the case of Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck, held that a local zoning ordinance, which rezoned a large area for ...


Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin Dec 1999

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms ...


Local Government Law, R. Perry Sentell Jr. Dec 1999

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The City Attorney served (in those days) simultaneously as Judge of the Recorder's Court. On convening that court one Monday morning, he was shocked to see one of the community's most prominent citizens before him, charged with "drunk and disorderly."

I inquired as to the type of plea he wished to enter. Evidently having heard of "nolo contendere" but not remembering the exact nature or pronunciation of the plea, the citizen responded: "I would like to plead low profile."

The "law" of local government, both decisional and statutory, frequently fosters a similar sentiment.


Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 1999

Appeal No. 0668: Dr. James Papitran V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-69


Appeal No. 0671: Art & Carol Crann V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 1999

Appeal No. 0671: Art & Carol Crann V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-103


Appeal No. 0589: Estate Of M. Morrison V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Oct 1999

Appeal No. 0589: Estate Of M. Morrison V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-161


Appeal No. 0667: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 1999

Appeal No. 0667: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-64


Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson Oct 1999

Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson

Michigan Law Review

In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA ...


More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney Sep 1999

More Sunshine In The Mountain State: The 1999 Amendments To The West Virginia Open Governmental Proceedings Act And Open Hospital Proceedings Act, Brian J. Caveney

West Virginia Law Review

No abstract provided.


Appeal No. 0662: William C. Barteles, Et Al V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Aug 1999

Appeal No. 0662: William C. Barteles, Et Al V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-11 (Energy Resources of America)


Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon Aug 1999

Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article dedicates itself to highlighting the benefits of alternative dispute resolution. Through the use of mediation and other flexible alternative dispute resolution methods, many conflicts can be resolved without the use of expensive and timely litigation. In turn, court workloads are relieved and cooperation is fostered among neighbors, companies, and other groups or organizations that would have otherwise resorted to litigation to solve a dispute. Negotiations that involve process experts, such as mediators and facilitators, often diffuse disputes by introducing a cooperative, rather than an adversarial attitude. Government is beginning to embrace alternative dispute resolution and legislatures are passing ...


Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney Jul 1999

Clearing The Way For An Effective Federal-State Partnership In Health Reform, Eleanor D. Kinney

University of Michigan Journal of Law Reform

At century's end, states have assumed a very different role in the design, implementation, and operation of health service programs than they did twenty-five years ago. In the current volatile political atmosphere particularly at the federal level, states have taken up the mantle of healthcare reform in the final years of the 1990s. Yet there remain problems and difficulties with the current federal-state relationship in health reform. The critical question is whether states can successfully accomplish genuine reform given its politically charged, complex and costly nature. This question takes on particular significance for the most important reform-expanding coverage to ...


Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth Jul 1999

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Nicole Slanker Jul 1999

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.


Legislative Analyst's Office, Elisa D 'Angelo Weichel Jul 1999

Legislative Analyst's Office, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Gina Clark-Bellak Jul 1999

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Senate Office Of Research, J. D. Fellmeth Jul 1999

Senate Office Of Research, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Jane K. Babin Jul 1999

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth Jul 1999

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth Jul 1999

Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Jonathan Steer, Todd N. Tappe, R. C. Fellmeth Jul 1999

Public Utilities Commission, Jonathan Steer, Todd N. Tappe, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D 'Angelo Weichel Jul 1999

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth Jul 1999

Department Of Insurance, Nicole Slanker, Muchael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth Jul 1999

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, J. D. Fellmeth Jul 1999

Board Of Dental Examiners, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Matthew F. Archbold Jul 1999

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.