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1983

State and Local Government Law

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Articles 1 - 30 of 69

Full-Text Articles in Law

A Water Management Law For Arkansas, Frank J. Trelease Jul 1983

A Water Management Law For Arkansas, Frank J. Trelease

University of Arkansas at Little Rock Law Review

No abstract provided.


Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth Jul 1983

Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth

Washington Law Review

Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …


The Water Finance Authority: An Evaluation, Mark D. Rasch, Frank Butterini Apr 1983

The Water Finance Authority: An Evaluation, Mark D. Rasch, Frank Butterini

In the Public Interest

No abstract provided.


Municipal Defenses To Antitrust Liability, Patrick R. James Apr 1983

Municipal Defenses To Antitrust Liability, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.


Ostendorf V. Turner, 7 Fla. L.W. 553 (December 16, 1982), D. Michael Lins Apr 1983

Ostendorf V. Turner, 7 Fla. L.W. 553 (December 16, 1982), D. Michael Lins

Florida State University Law Review

Florida Constitutional Law-HOMESTEAD TAX EXEMPTION-ALL RESIDENT HOMEOWNERS ARE TO RECEIVE THE ENHANCED EXEMPTION


Open Government Laws And Public Employment Provisions, Robert G. Vaughn Apr 1983

Open Government Laws And Public Employment Provisions, Robert G. Vaughn

Buffalo Law Review

No abstract provided.


Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings Mar 1983

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Feticide: Murder In Kentucky?, Perry Mack Bentley Jan 1983

Feticide: Murder In Kentucky?, Perry Mack Bentley

Kentucky Law Journal

No abstract provided.


Kentucky Tort Law: Defamation And The Right Of Privacy By David A. Elder, Richard C. Ausness Jan 1983

Kentucky Tort Law: Defamation And The Right Of Privacy By David A. Elder, Richard C. Ausness

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Corporations, Willburt D. Ham Jan 1983

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.


Colorado's Answer To The Local Rules Problem, William H. Erickson Jan 1983

Colorado's Answer To The Local Rules Problem, William H. Erickson

University of Michigan Journal of Law Reform

This Article examines the checkered history of local rules in the state and federal courts. Part I sketches the development of local rule-making power. Part II focuses on the abuses that have resulted from a nonuniform procedural system. It concludes that the most serious consequence of that abuse - an increase in court costs and delay - has not been addressed adequately by the courts. Part III explores ways in which the local rules problem can be brought under control. Although a number of proposals are discussed, the purpose of this section is to present the approach recently undertaken by …


Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger Jan 1983

Appellate Caseload: Meeting The Challenge In Rhode Island, Joseph R. Weisberger

University of Michigan Journal of Law Reform

Two of the most challenging and frustrating problems facing appellate courts in America are increasingly congested dockets and the sluggish pace of litigation. In an effort to combat these problems, the Supreme Court of Rhode Island has recently initiated several procedural techniques for screening and settling criminal and civil cases on appeal. These techniques have proven highly effective and should provide other appellate courts at least a partial answer to the burgeoning appellate caseload.


Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi Jan 1983

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.


The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly Jan 1983

The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly

University of Michigan Journal of Law Reform

This Article theorizes that state and local bar associations can play a vital role in ridding their courts of excessive costs and delay. Theory can become practice, however, only if state and local bars are reorganized to broaden their oversight and lobbying functions, in order to make them more effective vehicles of reform. This Article, then, discusses the role the organized bar can and should play in achieving procedural reform that will reduce the delay and cost of litigation. Part I describes the various stages of the reform process, using the Kentucky experiment as a model, and outlines the contributions …


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Full Text Of Issue Jan 1983

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.


Virginia Criminal Procedure, Murray J. Janus Jan 1983

Virginia Criminal Procedure, Murray J. Janus

University of Richmond Law Review

Professor Ronald J. Bacigal of the T.C. Williams School of Law has made a valuable contribution to the criminal justice system with the recent publication of this book. Not only is the book well-written, but it is succinct and of a size that will easily fit into a lawyer's briefcase to accompany him to court. The manner in which the book is written is such that it can be readily understood by laymen interested in the law or used as the text for a course on criminal procedure in law school or college, and yet the book is detailed enough …


Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr. Jan 1983

Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.

University of Richmond Law Review

Annexation has been the most common method of adjusting local government boundaries in the United States since the 1850's. This widespread acceptance of annexation, however, has not created uniform procedures for initiating and completing annexation proceedings. Rather, the process of annexation varies considerably from state to state.


The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard Jan 1983

The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard

UIC Law Review

No abstract provided.


Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil Jan 1983

Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil

Seattle University Law Review

The weakness of the Broad Special Fund Doctrine becomes evident when viewed in light of its application to an enormous debt such as construction of a multi-billion dollar power plant. Furthermore, the doctrine is directly at odds with the purposes underlying constitutional and statutory debt limitations. This Article presents a brief history of debt limitation provisions. Next, it discusses the history of the Special Fund Doctrine and sets forth criticisms of the Broad Special Fund Doctrine. The Article concludes by recommending a concept for a Narrow Special Fund Doctrine and applies it to the construction of two nuclear power plants …


Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii Jan 1983

Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii

Vanderbilt Law Review

This Note begins with a discussion of the history of the regulation of state parties by state law and national party rules. The Note then traces the development of case law concerning state regulation of party delegate selection procedures. Finally, the Note explores the potential for credentials disputes and litigation on the primacy of state party rules over contrary state laws if both the party rules and the state regulations comply with the Delegate Selection Rules for the 1984 Democratic National Convention. The Note concludes that the first amendment right of freedom of association guarantees that a state party may …


Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton Jan 1983

Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton

Seattle University Law Review

This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.


The Current State Of Usury Law In Texas., Michele M. Hightower Jan 1983

The Current State Of Usury Law In Texas., Michele M. Hightower

St. Mary's Law Journal

Abstract Forthcoming.


Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio Jan 1983

Turning The Gun On Tort Law: Aiming At Courts To Take Products Liability To The Limit., Donald E. Santarelli, Nicholas E. Calio

St. Mary's Law Journal

Abstract Forthcoming.


Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel Jan 1983

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.


Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth Jan 1983

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.


Historic District Zoning: A Texas Overview., Margaret Corning Boldrick Jan 1983

Historic District Zoning: A Texas Overview., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.


An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing Jan 1983

An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.