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Series

1998

State and Local Government Law

Institution
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Publication

Articles 61 - 88 of 88

Full-Text Articles in Law

Appeal No. 0627: Barclay Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission Feb 1998

Appeal No. 0627: Barclay Petroleum, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-117


Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1998

Appeal No. 0583: Kenneth Parrill, Dba Hoyt-Parrill Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-61 & Chief's Order 97-1


Appeal No. 0622: Alsid Oil & Gas Development Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1998

Appeal No. 0622: Alsid Oil & Gas Development Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-77


Appeal No. 0631: Calvin & Paula Adkins V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1998

Appeal No. 0631: Calvin & Paula Adkins V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-152 (Cabot Oil & Gas)


Codification—Town Of Yarmouth, Recodified January 15, 1998, Yarmouth (Me.). Municipal Officers Jan 1998

Codification—Town Of Yarmouth, Recodified January 15, 1998, Yarmouth (Me.). Municipal Officers

Maine Town Documents

An ordinance for revising, codifying, and compiling the general ordinances of the Town of Yarmouth.

Part I

Ch. 201 Administrative Code
Ch. 202 Planning Board Ordinance
Ch. 203 General Board of Appeals Ordinance
Ch. 301 Building Code
Ch. 302 Trailer and Trailer Camps Ordinance
Ch. 303 Fire Ordinance
Ch. 304 Sewerage Ordinance
Ch. 305 Shellfish Conservation Ordinance
Ch. 306 Solid Waste Ordinance
Ch. 307 Health Ordinance
Ch. 308 Harbor Waterfront and Boat Ordinance
Ch. 309 Dog Control Ordinance
Ch. 310 Peddlers Ordinance
Ch. 311 Electrical Code
Ch. 312 Public Property Licensing Ordinance
Ch. 313 Septic Tank Septage Processing Ordinance
Ch. …


Foreword: Cities On The Cutting Edge, David Jung Jan 1998

Foreword: Cities On The Cutting Edge, David Jung

Faculty Scholarship

No abstract provided.


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 1998

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner Jan 1998

Southern Character, Confederate Nationalism, And The Interpretation Of State Constitutions: A Case Study In Constitutional Argument, James A. Gardner

Journal Articles

No abstract provided.


Secret Testimony And Public Trials In New York, Randolph N. Jonakait Jan 1998

Secret Testimony And Public Trials In New York, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris Jan 1998

Car Wars: The Fourth Amendment's Death On The Highway, David A. Harris

Articles

In just the past few terms, the Supreme Court has issued several decisions that have increased police discretion to stop and question drivers and passengers and search both these persons and their vehicles. These cases are only the latest in a line that has slowly but surely made it ever easier for police to do these things without being concerned with procedural or constitutional obstacles.

This article traces the history of those cases, and argues that, however much protection the Fourth Amendment might accord to an ordinary citizen in his or her home or even walking down the street, it …


Daubert In The States, Paul C. Giannelli Jan 1998

Daubert In The States, Paul C. Giannelli

Faculty Publications

No abstract provided.


Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr. Jan 1998

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.

Publications

No abstract provided.


A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster Jan 1998

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …


The Execution Of Search Warrants, H. Patrick Furman Jan 1998

The Execution Of Search Warrants, H. Patrick Furman

Publications

No abstract provided.


The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller Jan 1998

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

Publications

No abstract provided.


A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude Jan 1998

A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon Jan 1998

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.


Whose Federalism, S. Elizabeth Malloy Jan 1998

Whose Federalism, S. Elizabeth Malloy

Faculty Articles and Other Publications

This Article examines briefly the Seminole Tribe and City of Boerne decisions. Part II then focuses on the ADA and the reasons why Congress made it applicable to government conduct as well as private conduct. Finally, Part III examines the argument, based on the new federalism, that the ADA should not apply to state entities. It does not appear that the Court's new federalism has had a liberty-enhancing effect for some of the most vulnerable persons in our society. The Court's revitalized federalism jurisprudence has led to questions about the continuing validity of many of our civil rights statutes as …


The Corporate Director's Duty Of Oversight, Mark J. Loewenstein Jan 1998

The Corporate Director's Duty Of Oversight, Mark J. Loewenstein

Publications

No abstract provided.


Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson Jan 1998

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

Publications

No abstract provided.


Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr. Jan 1998

Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


Business Subsidies And The Dormant Commerce Clause, Dan T. Coenen Jan 1998

Business Subsidies And The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

In this Article, I seek to respond to the Court's overture with a treatment of of subsidies under the dormant Commerce Clause that moves progressively from the general to the specific. Part I examines key Supreme Court cases to show that the basic question of whether state business subsidies are constitutional remains open and important. Part II then turns to how that question should be resolved, focusing on whether subsidies are fairly distinguishable from ostensibly equivalent, and concededly unlawful, discriminatory tax relief. The thrust of Part II is that both precedent and policy support the traditional, pre-West Lynn Creamer" view …


The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard Jan 1998

The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard

Articles

It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of securities fraud class actions …


Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr. Jan 1998

Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.

Faculty Scholarship

Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew the legal landscape in the manner of the kudzu vine until by the mid- 1980s few ethical or fiduciary breaches seemed beyond its potential reach. That doctrine was radically pruned by the Supreme Court in 1987 in the McNally decision, which held that the federal mail and wire fraud statutes reached only those schemes that intentionally sought to deprive their victims of money or …


On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar Jan 1998

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar Jan 1998

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?


Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate Jan 1998

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine Jan 1998

The Hemp Controversy: Can Industrial Hemp Save Kentucky?, Susan David Demaine

Articles by Maurer Faculty

In the wake of litigation over the responsibility of tobacco companies for harm caused by cigarettes and in the face of increased public hostility toward smoking, Kentucky's tobacco farmers are apprehensive about the future. While not all growers depend entirely on tobacco for their income, the potential shrinking of the tobacco market will have serious ramifications throughout the state. Some farmers are turning to organic vegetable farming, or to com and soybeans as alternative crops, but the potential of industrial hemp as an option remains uncertain. Touted by many as the answer to the tobacco farmer's quandary, industrial hemp remains …