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State and Local Government Law

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Articles 1831 - 1860 of 2715

Full-Text Articles in Constitutional Law

Equal Protection: Chin V. Board Of Elections Jan 1994

Equal Protection: Chin V. Board Of Elections

Touro Law Review

No abstract provided.


Home Rule: Walker V. Town Of Hempstead Jan 1994

Home Rule: Walker V. Town Of Hempstead

Touro Law Review

No abstract provided.


Ineffective Assistance Of Counsel: People V. Morin Jan 1994

Ineffective Assistance Of Counsel: People V. Morin

Touro Law Review

No abstract provided.


Right To Counsel: People V. Rivera Jan 1994

Right To Counsel: People V. Rivera

Touro Law Review

No abstract provided.


Search And Seizure: People V. Galak Jan 1994

Search And Seizure: People V. Galak

Touro Law Review

No abstract provided.


Search And Seizure: People V. Martinez Jan 1994

Search And Seizure: People V. Martinez

Touro Law Review

No abstract provided.


Search And Seizure: People V. Mondello Jan 1994

Search And Seizure: People V. Mondello

Touro Law Review

No abstract provided.


The Consent Exception To The Warrant Requirement, H. Patrick Furman Jan 1994

The Consent Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Voice In Government: The People, Emily Calhoun Jan 1994

Voice In Government: The People, Emily Calhoun

Publications

No abstract provided.


The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar Jan 1994

The 'Right To Die': A Catchy But Confusing Slogan, Yale Kamisar

Articles

Some 30 years ago an eminent constitutional law scholar Charles L. Black, Jr., spoke of "toiling uphill against that heaviest of all argumental weights-the weight of a slogan. I am reminded of that observation when I confront the slogan the "right to die." Few rallying cries or slogans are more appealing and seductive than the "right to die." But few are more fuzzy, more misleading, and more misunderstood.


Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar Jan 1994

Assisted Suicide And Euthanasia: The Cases Are In The Pipeline, Yale Kamisar

Articles

When I first wrote about this subject 36 years ago, the chance that any state would legalize assisted suicide or active voluntary euthanasia seemed minuscule. The possibility that any court would find these activities protected by the Due Process Clause seemed so remote as to be almost inconceivable. Not anymore. Before this decade ends, at least several states probably will decriminalize assisted suicide and/or active voluntary euthanasia. [Editor's note: In November, Oregon became the first state to legalize physician-assisted suicide, allowing doctors to prescribe lethal medication for competent, terminally ill adults who request it.] A distinct possibility also exists that …


The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham Nov 1993

The Constitution, The Legislature, And Unfair Surprise: Toward A Reliance-Based Approach To The Contract Clause, Robert A. Graham

Michigan Law Review

This Note argues that the Court should return to a reliance-based approach to Contract Clause challenges, fashioned loosely along the same lines as the HRID. Although it does not advocate that the Court revivify the rules created by the early decisions, the Note proposes that the Court look to the private parties' expectations and, more specifically, to the reasonableness of those expectations in deciding the clause's applicability to a particular case. Part I provides a brief history of the Contract Clause and its development. This Part follows the clause from the Constitutional Convention through the 1980s to illustrate the Court's …


Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky Nov 1993

Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky

Articles

Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …


The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill Oct 1993

The Road Not Taken: State Constitutions As An Alternative Source Of Protection For Reproductive Rights, Kevin F. O'Neill

Law Faculty Articles and Essays

Lawyers seeking constitutional protection for reproductive rights have relied almost exclusively on a liberty/privacy theory under the Federal Constitution. In the wake of Planned Parenthood of Southeastern Pennsylvania v. Casey, this theory may be seen as providing a floor of minimum protection-preventing states from banning abortion outright. But it is not strong enough to prevent states from enacting restrictions on the availability of abortion. Thus, the battle over reproductive rights may be seen as shifting from one phase ("Can abortion be banned?") to another ("How far can states go in restricting access to abortion'?"). If proponents of reproductive freedom are …


Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus Sep 1993

Brief Of Defendant-Appellees Catholic Diocese Of Cleveland And Bishop Anthony M. Pilla , Hawley V. City Of Cleveland, 24 F3d 814 (6th Cir. 1994), David F. Forte, Douglas J. Paul, Edward J. Maher, Bernard Niehaus

Law Faculty Briefs and Court Documents

A City of Cleveland Ordinance leasing space in the airport to the Catholic Diocese of Cleveland for use as a chapel, which is available to religious groups and persons of all faiths does not violate the Establishment Clause of the First Amendment.


Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton Sep 1993

Predatory Governmental Zoning Practices And The Supreme Court's New Takings Clause Formulation: Timing, Value, And R.Lb.E., William C. Leigh, Bruce W. Burton

BYU Law Review

No abstract provided.


Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson Apr 1993

Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson

Florida State University Law Review

No abstract provided.


Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer Mar 1993

Interstate Preemption: The Right To Travel, The Right To Life, And The Right To Die, Lea Brilmayer

Michigan Law Review

State laws differ, and they differ on issues of tremendous importance to the ways that we conduct our lives. Abortion and the right to die are two issues on which state law intersects with deeply held moral convictions, and on which state laws vary. With so much hanging in the balance, it is not surprising that those who find themselves outvoted or outmaneuvered in local political processes sometimes seek a legal climate more compatible with their beliefs about human decency and dignity. The right to "vote with one's feet" - to travel or move to another state and trade a …


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


A Note To Our Readers, The Editors Jan 1993

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.


Legislative Powers Jan 1993

Legislative Powers

Touro Law Review

No abstract provided.


Public Relief Jan 1993

Public Relief

Touro Law Review

No abstract provided.


Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.


Right To Counsel Jan 1993

Right To Counsel

Touro Law Review

No abstract provided.


Search & Seizure Jan 1993

Search & Seizure

Touro Law Review

No abstract provided.