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State and Local Government Law Commons™
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Articles 211 - 240 of 321
Full-Text Articles in State and Local Government Law
Herbester V. North American Company For Life And Health Insurance: Attorney's Retaliatory Discharge Action Unjustly Dismissed, 21 J. Marshall L. Rev. 215 (1987), Dennis M. Nolan
UIC Law Review
No abstract provided.
Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan
St. Mary's Law Journal
Abstract Forthcoming.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1987, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1987, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
The 1987 Legislative Session, Jon L. Mills
The 1987 Legislative Session, Jon L. Mills
UF Law Faculty Publications
The 1987 Legislative session is one that will be remembered for many years; it signifies the year Florida grew up. As Sophocles said, "One must wait until the evening to see how splendid the day has been"; this landmark session will not easily be assessed for some time. For the past several years, Florida has been working to create a vision for its future and this year took its first steps toward that future. We have only just begun and, like the beginning of any long journey, we began by taking a first step. Our commitment today must be followed …
The Close Corporation Under Ohio Law, Forrest B. Weinberg
The Close Corporation Under Ohio Law, Forrest B. Weinberg
Cleveland State Law Review
Section 1701.591 of the Ohio Revised Code is Ohio's close corporation law. It provides, through the use of a "close corporation agreement," the mechanism, first, for implementing unprecedented informality in the functioning of a close corporation and, second, for establishing a legal relationship among the shareholders that is essentially the same as that provided by law for members of a partnership. The new law will have the major impact it deserves only as the result of initiative taken by Ohio attorneys engaged in the formation and ongoing representation of close corporations. It is hoped that this article will help motivate …
The New Intoxication Defense For Ohio Employers, Terry A. Donner
The New Intoxication Defense For Ohio Employers, Terry A. Donner
Cleveland State Law Review
Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …
Defining California Civil Code Section 47 (3): The Resurgence Of Self-Governance, Fred H. Cate
Defining California Civil Code Section 47 (3): The Resurgence Of Self-Governance, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon
"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon
Indiana Law Journal
No abstract provided.
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey
University of Michigan Journal of Law Reform
This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …
State Management Systems: The Case For Internal Controls, Joseph A. Mchugh
State Management Systems: The Case For Internal Controls, Joseph A. Mchugh
New England Journal of Public Policy
This article contends that recent managerial improvements in the federal government can and should be replicated by the states. Although effective internal controls in federal agencies and programs had been mandated in 1950, little progress was made until the late seventies and early eighties, when Congress enacted several laws to strengthen federal financial management and the executive branch initiated a modernization program. This happy confluence of events brought significant improvements to federal management as a whole. Now it's time for similar progress in state operations. State and even local administrators should adopt the best features of the federal model in …
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine
Articles
A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …
First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry
First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry
Kentucky Law Journal
No abstract provided.
State-Local Relations And Constitutional Law, Richard Briffault
State-Local Relations And Constitutional Law, Richard Briffault
Faculty Scholarship
A persistent theme in the literature on state-local relations has been the plenary power of state governments and the legal powerlessness of local governments. The "black letter" rules of state-local relations are that the state governments enjoy complete hegemony over their political subdivisions, that local governments are mere "creatures" of the states, with only those powers that the states delegate to them, and there is no such thing as an "inherent right" of local self-government.
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech
St. Mary's Law Journal
Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …
Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley
St. Mary's Law Journal
Abstract Forthcoming.
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling
St. Mary's Law Journal
Abstract Forthcoming.
Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson
St. Mary's Law Journal
Abstract Forthcoming.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …
Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam
St. Mary's Law Journal
Abstract Forthcoming.
In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie
St. Mary's Law Journal
Abstract Forthcoming.
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter
St. Mary's Law Journal
Abstract Forthcoming.
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling
St. Mary's Law Journal
Abstract Forthcoming.
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory
St. Mary's Law Journal
Abstract Forthcoming.
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton
St. Mary's Law Journal
Abstract Forthcoming.
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski
St. Mary's Law Journal
Abstract Forthcoming.
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers
St. Mary's Law Journal
Abstract Forthcoming.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland
St. Mary's Law Journal
Abstract Forthcoming.