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State and Local Government Law

2004

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Articles 1 - 30 of 162

Full-Text Articles in Law

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer Dec 2004

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2004

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2004

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs Nov 2004

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John R. Walk Nov 2004

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2004

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


Environmental Law, Benjamin A. Thorp Iv, William K. Taggart Nov 2004

Environmental Law, Benjamin A. Thorp Iv, William K. Taggart

University of Richmond Law Review

No abstract provided.


Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown Oct 2004

Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown

Boston College Law School Faculty Papers

Federal prosecutions of state and local officials for political corruption are a significant feature of the American political landscape. However, they raise serious federalism questions, especially the potential impact on state autonomy and sovereignty. Thus, these prosecutions would seem to run counter to the Supreme Court’s “New Federalism.” The Court has never explored the issue in depth. Last term it handed down a decision highly favorable to the federal role in the case of Sabri v. United States. This paper examines Sabri, and questions the rationale that the prosecution in that case was an example of justifiable protection of ...


Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-43 (Mandatory Pooling Order)


Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-40


Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Oct 2004

Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-15


Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer Oct 2004

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much needed infusion ...


Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan Oct 2004

Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan

The Journal of Appellate Practice and Process

No abstract provided.


Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd Oct 2004

Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd

The Journal of Appellate Practice and Process

No abstract provided.


Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, Jean Macchiaroli Eggen, John G. Culhane Oct 2004

Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, Jean Macchiaroli Eggen, John G. Culhane

University of Michigan Journal of Law Reform

Gun violence continues unabated. Regulation of these deadly instruments is woefully inadequate, and legislatures are compounding the problem by barring or restricting access to the courts for the death and injuries that guns cause. In short, Congress and state legislators have repeatedly acquiesced to the demands of the gun lobby.

During the past several years, cities have struck back by filing public nuisance claims against those gun sellers whose practices pose a risk to the public's health and safety. After a slow start, public nuisance claims have recently gained traction in state appellate courts, which are increasingly coming to ...


Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams Oct 2004

Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams

North Carolina Central Law Review

No abstract provided.


A Comparative Analysis Of Selected North Carolina Contractual Provisions, Mary Wright Oct 2004

A Comparative Analysis Of Selected North Carolina Contractual Provisions, Mary Wright

North Carolina Central Law Review

No abstract provided.


Whitt V. Harris Teeter, Inc.: Take This Doctrine And Shove It - Recognizing Constructive Discharge In North Carolina, Gemma Saluta Oct 2004

Whitt V. Harris Teeter, Inc.: Take This Doctrine And Shove It - Recognizing Constructive Discharge In North Carolina, Gemma Saluta

North Carolina Central Law Review

No abstract provided.


Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice Sep 2004

Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice

University of the District of Columbia Law Review

This report was prepared in December 2003 in order to stimulate a dialogue on the role the District of Columbia government should play with the federal government in attempting to achieve an appropriate balance between physical security and open access to public space when deciding on traffic restrictions around or near federal buildings or federal sites in the District of Columbia. A summary of this report was presented at the UDC/DCSL Law Review November 2003 symposium "In the Aftermath of September 11: Defending Civil liberties in the Nation's Capital." Since this report was prepared there has been an ...


The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen Sep 2004

The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen

ExpressO

This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on Fourteenth Amendment ...


Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr. Sep 2004

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad Aug 2004

Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad

Mary Alice Haddad

Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on ...


6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island Aug 2004

6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Slides: Ground Water Resources In Colorado, Matthew A. Sares Jun 2004

Slides: Ground Water Resources In Colorado, Matthew A. Sares

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Matthew Sares, Chief, Environmental Geology Section, Colorado Geological Survey.

21 slides.


Slides: Intro To Groundwater Law In Colorado, David L. Harrison Jun 2004

Slides: Intro To Groundwater Law In Colorado, David L. Harrison

Groundwater in the West (Summer Conference, June 16-18)

Presenter: David L. Harrison.

17 slides.


Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims Jun 2004

Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims

Groundwater in the West (Summer Conference, June 16-18)

25 pages.

Contains footnotes.


Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins Jun 2004

Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins

Groundwater in the West (Summer Conference, June 16-18)

11 pages.


Slides: South Metro Denver Water Supply Study, Patricia Wells Jun 2004

Slides: South Metro Denver Water Supply Study, Patricia Wells

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Patricia Wells, General Counsel, Denver Water.

23 slides.