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1997

State and Local Government Law

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Articles 1 - 30 of 113

Full-Text Articles in Law

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin Dec 1997

Restating The Law: The Dilemmas Of Products Liability, Robert L. Rabin

University of Michigan Journal of Law Reform

Tracing products liability law from its origins to present day developments, Professor Rabin discusses the long-standing presence of interwoven strands of contract and tort ideology, as well as the perennial tensions between strict liability and negligence. These themes are evident both in the distinctly influential California case law and in the two Restatement efforts to systematize the doctrine that has emerged nationally. Rabin identifies the manner in which foundational ideological precepts of consumer expectations and enterprise liability have contributed to a continuously dynamic, if often unsettled, debate over the appropriate regime for resolving product injury claims.


Commerce Clause Restraints On State Tax Incentives, Walter Hellerstein Dec 1997

Commerce Clause Restraints On State Tax Incentives, Walter Hellerstein

Scholarly Works

The states' provision of tax incentives designed to encourage economic development within their borders has long been a feature of the American legislative landscape. Today every state provides tax incentives as an inducement to local industrial location and expansion. Indeed, scarcely a day goes by without some state offering yet another tax incentive to spur economic development, often in an effort to attract a particular enterprise to the state.

The debate over the efficacy and wisdom of state tax and other business incentives is intense and important, as other articles in this Symposium plainly reveal. My purpose here, however, is ...


Local Government And Constitutional Torts: In The Georgia Courts, R. Perry Sentell Jr. Dec 1997

Local Government And Constitutional Torts: In The Georgia Courts, R. Perry Sentell Jr.

Mercer Law Review

The concept of governmental immunity from civil responsibility has long troubled many. An ingredient of this country's common law heritage, the concept nevertheless yields the epitome in philosophic faceoffs. On the one hand, we inherently disavow governmental divinity: we subscribe to a rule-of-law demand that government restores what it destroys. On the other hand, we recognize that government's essential mission is unique and involuntary: we understand that a strictly private-sector accounting may well imperil government's public performance. Traditionally, neither position has completely prevailed, and legal history unfolds a striking account of accommodation.

None of the accounts is ...


Local Government Law, R. Perry Sentell Jr. Dec 1997

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The world of local government is a place of remarkable occurrences:

At the meeting of the governing authority, the chambers were overflowing, passions were palpable, and the media descended in droves. The vote was taken on the re-zoning petition. The council's vote was evenly split. The newly elected Mayor would have to break the tie. He announced to all that he did not know how he should vote. He then proceeded to toss a coin into the air, explaining that if it was "heads," he would vote "yes," and if it was "tails," he would vote "no." As if ...


The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen Nov 1997

The Practical Power Of State And Local Governments To Enforce Federal Immigration Laws, Jay T. Jorgensen

BYU Law Review

No abstract provided.


Crafting An Advocate For A Child: In Support Of Legislation Redefining The Role Of The Guardian Ad Litem In Michigan Child Abuse And Neglect Cases, Albert E. Hartmann Oct 1997

Crafting An Advocate For A Child: In Support Of Legislation Redefining The Role Of The Guardian Ad Litem In Michigan Child Abuse And Neglect Cases, Albert E. Hartmann

University of Michigan Journal of Law Reform

Michigan's current statutory system leaves the role of the child's attorney unclear. In this Note, Hartmann advocates the adoption of a legislative proposal that will redefine the role of the child's attorney. The proposal specifies that the child's primary legal representative should be a guardian ad litem who will represent the best interests of the child. Hartmann begins by describing the current system and then analyzes how the proposal will modify the role of the child's attorney. Hartmann argues that the proposed changes would be highly beneficial and identifies specific points of improvement. Hartmann concludes ...


Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry Oct 1997

Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry

University of Michigan Journal of Law Reform

The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in New Zealand and is now in place in the child welfare agencies and family courts of several states. In this model, professionals working in the child-serving agencies take a collaborative rather than adversarial role with families; enabling the extended family to devise a plan for the care of the abused or neglected child with the approval and oversight of the family court.

In this Article, Lowry presents a proposal for combining family group decisionmaking with court-approved alternative dispute resolution models that have been used successfully in other fields of law. Lowry also discusses some of the concerns attending the development of family-centered program such as ...


We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt Oct 1997

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation ...


Appeal No. 0612: Valley Petroleum Management V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Aug 1997

Appeal No. 0612: Valley Petroleum Management V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-42


Appeal No. 0614: Donald E. Wood V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Aug 1997

Appeal No. 0614: Donald E. Wood V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-49


Appeal No. 0601: Shawn D. Watson V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Aug 1997

Appeal No. 0601: Shawn D. Watson V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-247


Managing The Central Artery/Tunnel Project: An Exploration Of Potential Cost Savings, Allan K. Sloan Jul 1997

Managing The Central Artery/Tunnel Project: An Exploration Of Potential Cost Savings, Allan K. Sloan

John M. McCormack Graduate School of Policy and Global Studies Publications

The John W. McCormack Institute of Public Affairs at the University of Massachusetts Boston is an institution whose primary mission is public service. Through public policy research, educational programs, policy practice and the dissemination ofknowledge, the Institute seeks to have a constructive impact on policy formulation, problem solving and public discourse concerning urgent civic challenges facing state and local government in the New England region.

In 1996, under Chapter 205 of the 1996 Acts and Resolves, the Massachusetts legislature authorized the Institute to undertake a study *to review and explore possible cost savings within the Central Artery/Third Harbor Tunnel ...


Divestment Of Federal Water Projects, A. Jack Garner Jun 1997

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.


The Future Of Western Water Developments, John Keys Jun 1997

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.


Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver Jun 1997

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.


Western Water Development: Visions Of The Future, Bennett W. Raley Jun 1997

Western Water Development: Visions Of The Future, Bennett W. Raley

Dams: Water and Power in the New West (Summer Conference, June 2-4)

14 pages.


River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock Jun 1997

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.


Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell Jun 1997

Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell

Dams: Water and Power in the New West (Summer Conference, June 2-4)

18 pages.

Contains references.


Life Begins At 50: Ferc Relicensing Under The Federal Power Act, Thomas N. Russo Jun 1997

Life Begins At 50: Ferc Relicensing Under The Federal Power Act, Thomas N. Russo

Dams: Water and Power in the New West (Summer Conference, June 2-4)

5 pages.


Of Dams And Salmon In The Columbia/Snake Basin: Did You Ever Have To Make Up Your Mind?, Don B. Miller Jun 1997

Of Dams And Salmon In The Columbia/Snake Basin: Did You Ever Have To Make Up Your Mind?, Don B. Miller

Dams: Water and Power in the New West (Summer Conference, June 2-4)

106 pages (includes illustrations and maps).

Contains 4 pages of references.


Klamath Basin: Balancing Instream Flows With Irrigation And Power, Carl Ullman Jun 1997

Klamath Basin: Balancing Instream Flows With Irrigation And Power, Carl Ullman

Dams: Water and Power in the New West (Summer Conference, June 2-4)

15 pages (includes illustrations and maps).


Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen Jun 1997

Integrating New Values With Old Uses In The Relicensing Of Kingsley Dam And Related Facilities (Making Part Of The Problem A Part Of The Solution), Margot Zallen

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages (includes illustrations and map).


Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center Jun 1997

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical ...


Damming The West: Development Of Western Water Resources, Gilbert F. White Jun 1997

Damming The West: Development Of Western Water Resources, Gilbert F. White

Dams: Water and Power in the New West (Summer Conference, June 2-4)

8 pages.


Patterns Of Demographic And Economic Change In The Western United States, Pamela Case Jun 1997

Patterns Of Demographic And Economic Change In The Western United States, Pamela Case

Dams: Water and Power in the New West (Summer Conference, June 2-4)

17 pages.

Contains footnotes.


New Demands For Tribal Rights To Federal Water And Power, Jeanne S. Whiteing Jun 1997

New Demands For Tribal Rights To Federal Water And Power, Jeanne S. Whiteing

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.


Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson Jun 1997

Coming To Grips With Growth In The West: Traditional Communities, Free Rivers, And The New Megalopolises, Charles Wilkinson

Dams: Water and Power in the New West (Summer Conference, June 2-4)

25 pages.

Contains 2 pages of references.


Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam Jun 1997

Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains 1 page of references.


Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection: A Response, Bill Mcewan Jun 1997

Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection: A Response, Bill Mcewan

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains footnotes.


The Pacific Northwest Governors’ Comprehensive Energy Review: How Comprehensive?, Angus Duncan Jun 1997

The Pacific Northwest Governors’ Comprehensive Energy Review: How Comprehensive?, Angus Duncan

Dams: Water and Power in the New West (Summer Conference, June 2-4)

43 pages (includes illustrations).

Contains footnotes and 1 page of references.