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Articles 91 - 120 of 131
Full-Text Articles in State and Local Government Law
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
The Commerce Clause Quartet, Martin A. Schwartz, Leon D. Lazer
Scholarly Works
No abstract provided.
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Scholarly Works
No abstract provided.
Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin
Regional Planning In New York State: A State Rich In National Models, Yet Weak In Overall Statewide Planning Coordination, Patricia E. Salkin
Scholarly Works
No abstract provided.
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman
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No abstract provided.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
Binding Contracts In Georgia Local Government Law: Configurations Of Codification, R. Perry Sentell Jr.
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The potential for creating uncertainty looms as a primary and ever-present problem in the codification process. A dominant concern is the fear the unintended statutory changes--or, worse still, the quandary of whether what appears to be such a change was truly intended--may result. The perplexing issues emanating from that quandary can considerably dissipate the benefits of progressive statutory codification. For purely illustrative purposes, attention might be called to the present plight of an historic precept in Georgia local government law. That precept unflinchingly condemns a local governing authority's efforts to commit its successors to a given course of governmental action. …
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
To Defer Or Not To Defer: A Study Of Federal Circuit Court Deference To District Court Rulings On State Law, Dan T. Coenen
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Federal courts of appeals often grant special deference to district court rulings on matters of state law. This practice is important. It is also ill-conceived. This Article explores this "rule of deference." Section I considers the roots and reach of the rule. Together with the Appendices to this Article, it seeks to detail for practitioners, commentators, and judges the way the rule operates in the courts. The remaining sections of this Article consider the wisdom of the rule of deference. Section II argues that the rule lacks a sound rationale and Section III urges that the rule has bad effects …
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
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Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
First Things Last: Amendomania And State Bills Of Rights, Donald E. Wilkes Jr.
First Things Last: Amendomania And State Bills Of Rights, Donald E. Wilkes Jr.
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State bills of rights preceded the federal Bill of Rights. From June 1776, when the Virginia Declaration of Rights (the first state bill of rights) was adopted, until December 1791, when the federal Bill of Rights was ratified, eight states each adopted a bill of rights as a separate part of their state constitution. State constitutional rights existed even before there as a United States Constitution. Furthermore, the federal Bill of Rights contains provisions derived from earlier state bills of rights. Indeed, virtually every guarantee in the federal Bill of Rights can be traced to a similar guarantee in one …
Defamation In Georgia Local Government Law: A Brief History, R. Perry Sentell Jr.
Defamation In Georgia Local Government Law: A Brief History, R. Perry Sentell Jr.
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Whether it be contact between local government officers themselves, or between officer and citizen, or between officer and news media, or between media and government itself, the potential for defamatory publications is awesome. Historically, therefore, in the defamation law of any state, a considerable number of the cases typically arise out of the local government process. Indeed, no less a case than New York Times v. Sullivan itself is but modern confirmation of a traditional setting for defamation controversy. Georgia local government law likewise contains its share of defamation disagreements. At an early date, many of the state's common law …
The County Spending Power: An Abbreviated Audit Of The Account, R. Perry Sentell Jr.
The County Spending Power: An Abbreviated Audit Of The Account, R. Perry Sentell Jr.
Scholarly Works
In Georgia the spending power of the county enjoys a distinctive history. The subject can by no means be relegated to history alone, however, for it currently stands as one of the most perplexing issues in local government law. That further developments in dealing with the issue may occur, indeed unquestionably will occur, does not detract from the account itself.
Local Government Law And Liquor Licensing: A Sobering Vignette, R. Perry Sentell Jr.
Local Government Law And Liquor Licensing: A Sobering Vignette, R. Perry Sentell Jr.
Scholarly Works
An earlier effort in this Review [8 Ga. L. Rev. 614 (1974)] sought to probe the general topic of local government power and its exercise in Georgia. Although perhaps not the most exciting of subjects, the exercise of power assumes pivotal practical prominence for both the local government and the citizen. It was somewhat surprising, therefore, to find few settled legal guidelines for approaching the issue and to discover that power problems frequently must be litigated in a jusicial vacuum. Although a great deal of the earlier effort remains fairly accurate, subsequent developments quickly dated the treatment of local government …
The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
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The governmental-proprietary distinction has led a stormy life. Courts have characterized it as “illusory,” a “quagmire,” a “rule of law that is inherently unsound,” and as a “talismanic formula” that results in “unenlightening characterizations of States’ activities.” Commentators have branded the distinction as “probably one of the most unsatisfactory known to the law,” have questioned its internal coherence, and have dismissed it as irrelevant in constitutional decisions. The distinction, however, clings stubbornly to life, appearing in a remarkably wide range of cases. The United States Supreme Court itself appears ambivalent about its worth. In some cases, the Court has rejected …
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
Workers' Compensation In Georgia Municipal Law, R. Perry Sentell Jr.
Scholarly Works
For the last sixty years, workers' compensation has constituted a distinct subject of administration in Georgia municipal government and, consequently, a distinct subject of controversy in Georgia municipal law. Of course, many of the problems, issues, and solutions ar ethe same, whether the covered employment be municipal or private in nature. Still, municipal law possesses its own quagmires, quandaries, and conundrums; some of those peculiarities can yield unique questions regarding workers' compensation. Whether general or unique, the appellate courts have rendered a number of decisions on the subject, and those decisions make for yet another compact chapter in Georgia municipal …
Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.
Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.
Scholarly Works
Responsibility for damage caused by the misconduct of local government officers and employees has long been a concern of the law and of legal observers. According to most accounts, Anglo-American law historically has responded with two diverse rules: immunity for the governments, and liability for the official; both, however, are only points of departure. Although both rules are well established, each carries its own qualifications and the precise relationship between the two is a matter of some controversy.
A Note On The Georgia Contracts Code, Julian B. Mcdonnell
A Note On The Georgia Contracts Code, Julian B. Mcdonnell
Scholarly Works
Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …
The Omen Of "Openness" In Local Government Law, R. Perry Sentell Jr.
The Omen Of "Openness" In Local Government Law, R. Perry Sentell Jr.
Scholarly Works
In the realm of government, the goal of publicity translates into "openness," and its proponents have long cited James Madison: "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." In recent times, openness in government--and the quest for it--have experienced a resounding revival of interest. The result is yet another of those intriguing domains where basic traditional sentiments merge with intense modern reforms. Governments at all levels have felt the impact of that revival, an impact produced by diverse developments in various contexts. Three …
A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh
A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh
Scholarly Works
This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …
Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.
Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.
Scholarly Works
In November 1977, the Supreme Court of Georgia rendered a decision in City of Atlanta v. Myers which invalidated a municipal ordinance requiring that police officers and firefighters be residents of the municipality. The public media, in its discussion of the decision, primariily pointed out the residency requirement, the policy behind it, and its advantages and disadvantages to the cause of good government--all important matters. As frequently happens, however, even more crucial considerations in the case may have gone unheralded. From the legal perspective, that is, the importance of the decision and its implications may considerably transcend the factual context …
Through A Glass Darkly: Equal Protection For Home Rule Units In Illinois – Urbana V. Houser, Daniel H. Derby
Through A Glass Darkly: Equal Protection For Home Rule Units In Illinois – Urbana V. Houser, Daniel H. Derby
Scholarly Works
No abstract provided.
Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr.
Extraterritorial Power In Georgia Municipal Law, R. Perry Sentell Jr.
Scholarly Works
The image of municipal power carries with it the accompanying concept of limitations on that power. One of the seemingly most natural of such limitations is that pertaining to territory. If a municipality is an incorporated entity, composed of precisely described physical boundaries, then its operational existence would normally be presumed to take place within those boundaries. The municipality's power to function outside its limits would thus appear not only unnecessary but foreign to the corporate conception. The problem with such neatness, of course, is its unworldliness. The truism is that neither man nor municipality is an island and that …
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington
Scholarly Works
This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.
Scholarly Works
This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.
Remembering Recall In Local Government Law, R. Perry Sentell Jr.
Remembering Recall In Local Government Law, R. Perry Sentell Jr.
Scholarly Works
Inherent in a system of representative government is the thesis that if those who "represent" do not fulfill the promise or expectation, those who are "represented" must possess the leverage of a remedy. The most obvious of such remedies, of course, is resort to the ballot box at the conclusion of the representative's term of office. The extent to which more drastic remedies are desirable is a provokinig point of perplexity, for few have yet satisfactorily resolved the conundrum of how much pure democracy stability in government can accommodate. The procedure of recall is undeniably one of the more drastic …
"Reference Statutes"--Borrow Now And Pay Later?, R. Perry Sentell Jr.
"Reference Statutes"--Borrow Now And Pay Later?, R. Perry Sentell Jr.
Scholarly Works
In 1923, the General Assembly of Nod enacted the "Statute of Paul" (so designated because of the sponsoring legislator, Paul Perfect), which empowered municipalities of Nod (called "sleepy hollows") to issue licenses to individuals wishing to engage in legitimate private enterprises. One provision of the Paul Statute directed that applicants for such licenses "must make application in the mode prescribed by Code Section 23-112, dealing with county licesning [sic] of pickle processors" (popularly known as the "Peter Pickle Statute"). In 1923, Code Section 23-112 required that an applicant for a pickle processing license submit his application to county licensing authorities …
Selected Oddities In Georgia Municipal Law, R. Perry Sentell Jr.
Selected Oddities In Georgia Municipal Law, R. Perry Sentell Jr.
Scholarly Works
Generally speaking, practitioners, jurists, professors, legislators, and students desire certainty in the law. For those interested in the law of municipal corporations in Georgia, however, that search for certainty is frequently frustrating, if not impossible. In his Article, Professor Sentell points to a number of Georgia constitutional and statutory rules which, when read with the interpretations of these provisions by the Georgia courts, generate uncertainty and confusion for one confronted with a question in municipal corporation law. The discussion begins with a look at the definitional uncertainty of what is a municipal corporation under Georgia law, turns next to an …
Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis
Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis
Scholarly Works
The common law rule of governmental immunity made governments immune from suit and held public officials personally liable for the torts they committed in the performance of their duties. In recent years, however, the law of tort liability has moved toward the increased immunity of governmental officials and employees and the increased liability of governmental units. In this Article Professor McManis first outlines the notion of sovereign immunity, following with an analysis of the nature and the scope of the immunity afforded governmental official sunder federal and state law, with a particular emphasis on the law of Georgia. The author …
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.
Scholarly Works
One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …
Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.
Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.
Scholarly Works
The Georgia law of municipal annexation possesses a rich history both statutory and decisional. Strangely subdued in this history, however, is the concept of contiguity. Although this term has been stated and defined by the legislature, the concept has historically provoked little controversy, and the courts have stayed away from it with fervor. Recently, this has changed. The purpose here, therefore, is to mark what may well be the origin of a new chapter in the Georgia law of municipal annexation.
Discretion In Georgia Local Government Law, R. Perry Sentell Jr.
Discretion In Georgia Local Government Law, R. Perry Sentell Jr.
Scholarly Works
The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor …
Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.
Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.
Scholarly Works
Professor Sentell's Article examines the apparently well-established principle in Georgia that an unconstitutional statute is an absolute nullity. Against the backdrop of City of Atlanta v. Gower, Professor Sentell first focuses on the developmen of-the-void-from-inception doctrine and then reviews its application in Georgia. Finally, he concludes that this principle has had a substantial impact upon constitutional and legislative law in this state.