Constitutional Law Commons^™

Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting

Seattle University Law Review

This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.

An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer

Seattle University Law Review

This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter

Seattle University Law Review

This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.

Directions For The Future, Clyde O. Martz

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

Includes the Public Land Law Review Commission's 1970 report, A Program for the Future (7 pages).

Private Use Of The Public Lands – What Is The Appropriate “Fair Market Value”?, Richard L. Stroup

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

44 pages.

Contains a 4-page outline; one page of references (page 6); and 37 pages of appendices arranged in 11 topical areas.

Access To And Across Public Lands, Rebecca Love Kourlis

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

16 pages.

Contains list of references (page 1 of text).

Flpma, Pria, And The Western Livestock Industry, George Cameron Coggins

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

32 pages.

Contains list of research sources (pages 1-3).

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).

Flpma As It Affects The Mining Industry, William R. Marsh

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

67 pages.

11 pages of text with appendices.

Public Land Law: The Development Of Federal Policy, Charles F. Wilkinson

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

19 pages.

Contains annotated list of research sources (pages 2-4).

Federal Land Sales And Exchanges, Jon K. Mulford

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

140 pages (includes map).

Includes 27 pages of text, 1 page of references, and 17 appendices.

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Flpma From The Perspective Of The Bureau Of Land Management, H. Robert Moore

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

14 pages.

The Blm Planning Process: Chasing The Rabbit, H. Paul Friesema, Paul J. Culhane

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

11 pages.

State And Local Involvement In Bureau Of Land Management Planning Under The Federal Land Policy Act Of 1976, Tom Glass

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

8 pages.

The Doctrine Of Conditional Preemption And Other Limitations On Tenth Amendment Restrictions, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Defining The Scope Of State Sovereignty Under The Tenth Amendment: A Structural Approach, 34 Depaul L. Rev. 163 (1984), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Toward A Constitutional State Tender Offer Statute, Sam Wolff

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.

Local Hire And The State-Market-Participant Doctrine: A Trojan Horse For The Commerce Power Of Congress, Charles H. Clarke

Cleveland State Law Review

"Local hire" laws require that when units of local government hire employees a preference be given to residents of the governmental unit. These laws affect employees directly hired by the city or state, as well as employees hired by private contractors to do construction work. Naturally, this employment preference for residents discriminates against those who do not reside within the city or state. Nonresidents, however, are afforded extensive protection against discrimination by states and their political subdivisions by two clauses of the Constitution: the commerce clause and the interstate privileges and immunities, or comity, clause. This Article will analyze the …

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz

Seattle University Law Review

This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.

Pennhurst State School And Hospital V. Halderman, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.

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