Law Commons^™

Common Law Tort Immunity For State Officials In West Virginia After The Parkulo V. West Virginia Board Of Probation Decision, Grant P.H. Shuman

West Virginia Law Review

No abstract provided.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The arresting officer established the case and the Defendant, sensing the inevitability of his plight, entered a plea of guilty. The City Court Judge, a compassionate man, ... began his routine of delivering a short lecture on the evils of alcohol .... "Now you see, John, this... is a perfect example of what happens when you start drinking. You go out, you get drunk, you get behind the wheel, and here you are severely injured. By the way, what's your prognosis?" It was apparent ... that [the Defendant] considered the Judge's question to be of utmost importance. However, it was …

How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz

Indiana Law Journal

No abstract provided.

The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman

Michigan Law Review

The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding …

Mapping A Labyrinth To Justice: Lessons And Insights From Innovative Legal Services Delivery Methodologies Implemented In The District Of Columbia, Jan A, May

University of the District of Columbia Law Review

No abstract provided.

Legal Needs For The Low-Income Population In Washington, Dc, Lynn E. Cunningham

University of the District of Columbia Law Review

No abstract provided.

Fostering Mutual Respect And Cooperation Between State Courts And State Legislatures: A Sound Alternative To A Tort Tug Of War, Victor E. Schwartz, Mark A. Behrens, Monica G. Parham

West Virginia Law Review

No abstract provided.

Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker

The Journal of Appellate Practice and Process

Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.

Available Post-Trial Relief After A State Criminal Conviction When Newly Discovered Evidence Establishes "Actual Innocence", Josephine Linker Hart, Guilford M. Dudley

University of Arkansas at Little Rock Law Review

No abstract provided.

Arkansas's Extended Juvenile Jurisdiction Act: The Balance Of Offender Rehabilitation And Accountability, Connie Hickman Tanner

University of Arkansas at Little Rock Law Review

No abstract provided.

The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin

University of Michigan Journal of Law Reform

Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger …

Just Hangin' Around: Gangs And Due Process Vagueness In City Of Chicago V. Morales, Jerritt Farrar

Mercer Law Review

In City of Chicago v. Morales, the Supreme Court revisited the issue of the constitutionality of municipal and state loitering laws. In this case the Court was presented with a Chicago municipal ordinance that prohibited individuals from loitering with known gang members. The Court struck down the ordinance as overly vague under the Due Process Clause of the Fourteenth Amendment. It found that the law gave too much discretion to police officers charged with its enforcement and did not define its crucial terms specifically enough. The Court was closely divided, however, and both the concurring and dissenting Justices gave …

Municipal Police Power In Washington State, Hugh D. Spitzer

Washington Law Review

Local governments in Washington State have enjoyed strong regulatory powers since the state's constitution was adopted in 1889. Those "police powers" initially focused on the protection of public health and safety, but broadened in the early twentieth century to encompass the protection of consumers and employees and the promotion of the general welfare. The Supreme Court of Washington sparingly applied "substantive due process" as a brake on the police power and promptly dropped that doctrine when the U.S. Supreme Court ceased its use in the 1930s. However, the vocabulary of substantive due process lived on in state court opinions defining …

Seay V. Cleveland: Resolution Of The Ministerial Discretionary Dichotomy, Franklin D. Guerrero Jr.

Mercer Law Review

In 1992 the Georgia State Legislature passed the Georgia State Tort Claims Act ("GTCA") which waived the state's sovereign immunity. The GTCA defines "state" as the "State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions" but the statute specifically excludes "counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities." Under the GTCA a discretionary function or duty is specifically defined by statue. However, the common law distinction between ministerial and discretionary functions still applies to all entities exempted from the GTCA.

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

A Holy Mess: School Prayer, The Religious Freedom Restoration Act Of Texas, And The First Amendment., David S. Stolle

St. Mary's Law Journal

In Employment Division, Department of Human Resources of Oregon v. Smith, the U.S. Supreme Court held the traditional compelling state interest standard for Free Exercise Clause jurisprudence should be replaced by a new test requiring a statute or government action to be facially neutral and generally applicable. In response to Smith, Congress, relying on its Enforcement Clause powers under the Fourteenth Amendment, attempted to resurrect the compelling state interest standard by passing the Religious Freedom of Restoration Act (RFRA). In June 1999, the Texas legislature passed the Texas Religious Freedom Restoration Act (TRFRA). This Comment argues the TRFRA is unnecessary …

Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

No abstract provided.

The Continuing Tobacco War: State And Local Tobacco Control In Washington, Alan E. Scott

Seattle University Law Review

This Article examines Washington's exemplary tobacco control efforts in the context of the larger, historical struggle to regulate tobacco. The Article begins in Part II with a brief description of the history of tobacco regulation in the United States. Part III examines the Master Settlement Agreement and its weaknesses. Part IV discusses the preference for local government regulation and the obstacles encountered. Part V examines the scope of legal authority of Washington's local governments to enact tobacco control measures, and Part VI describes Washington's tobacco control measures and the interplay between local, state, and federal laws.

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of …

Constitutional Law: Ethics Commission V. Keating: The Oklahoma Supreme Court Defies The Constitutional Mandate Of The People And Clips The Commission's Wings, Sean Paul Rieger

Oklahoma Law Review

No abstract provided.

Oklahoma Constitutional Law: Highway Robbery: In Re Oklahoma Capitol Improvement Authority: The Eulogy For Oklahoma Constitutional Debt Limitations, Brian Edward Wheeler

Oklahoma Law Review

No abstract provided.

Supreme Court Federalism Decisions, Leon Friedman

Touro Law Review

No abstract provided.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.

Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson

UIC Law Review

No abstract provided.

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer

UIC Law Review

No abstract provided.

In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson

UIC Law Review

No abstract provided.

Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook

UIC Law Review

No abstract provided.

Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere

UIC Law Review

No abstract provided.