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State and Local Government Law Commons™

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1988

Discipline
Institution
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Publication
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Articles 481 - 510 of 521

Full-Text Articles in State and Local Government Law

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts Jan 1988

The Evolving Concept Of Preemption Removal: An Expansion Of Federal Jurisdiction., Scott Roberts

St. Mary's Law Journal

Federal jurisdiction based on preemption removal should extend to federal laws which meet the requirements of Franchise Tax Board v. Construction Laborers Vacation Trust and Metropolitan Life Insurance Company v. Taylor. The well-pleaded complaint rule restricts federal removal jurisdiction. The well-pleaded complaint rule requires a federal question appear on the face of the plaintiff’s complaint for federal jurisdiction to attach. Therefore, the defendant’s right to a federal forum depends upon whether the plaintiff chooses to invoke a federal claim in its complaint. Courts routinely criticize the linking of removal jurisdiction to the well-pleaded complaint rule for giving plaintiffs incentive to …

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The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson Jan 1988

The Third Justice System: The New Juvenile-Criminal System Of Determinate Sentencing For The Youthful Violent Offender In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

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Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton Jan 1988

Criminal Law - Mail Fraud - Mail Fraud Statute Restricted To The Protection Of Property Rights And Doesn Not Extend To The Protection Of The Intangible Right To Honest And Impartial State Government Case Note., Keith S. Hampton

St. Mary's Law Journal

Abstract Forthcoming.

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Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton Jan 1988

Deadlines And Extension Motions In Civil Appellate Litigation., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.

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Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins Jan 1988

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

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The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Maryland Law Review

No abstract provided.

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Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty Jan 1988

Enforcement Of Surrogate Mother Contracts: Case Law, The Uniform Acts, And State And Federal Legislation, James T. Flaherty

Cleveland State Law Review

Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant …

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Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello Jan 1988

Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello

University of Michigan Journal of Law Reform

This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …

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Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe Jan 1988

Improving Handicappers' Civil Rights In Michigan--Preventing Discrimination Through Accommodation, Aldebaran Bouse Enloe

University of Michigan Journal of Law Reform

Part I of this Note explains the development of· the current state of handicappers' civil rights law in Michigan, beginning with legislative initiatives and progressing to administrative and judicial decisions. Part II analyzes traditional antidiscrimination theory and suggests how that theory can be adapted to handicappers. By examining hypothetical situations, Part III exposes the disparity between the current state of the law in Michigan and the proposed theoretical analysis and suggests amendments to the MHCRA to reconcile this disparity.

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The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky Jan 1988

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky

Articles

The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.

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Screen Used At Trial That Prevents Testifyingchild Sex Abuse Victim From Viewing Accused Violates Accused's Sixth Amendment Right To Face-To-Face Confrontation., Curtis L. Cukjati Jan 1988

Screen Used At Trial That Prevents Testifyingchild Sex Abuse Victim From Viewing Accused Violates Accused's Sixth Amendment Right To Face-To-Face Confrontation., Curtis L. Cukjati

St. Mary's Law Journal

Abstract Forthcoming.

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Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean Jan 1988

Rule-Making In Texas: Clarifying The Judiciary's Power To Promulgate Rules Of Civil Procedure., Bruce L. Dean

St. Mary's Law Journal

Abstract Forthcoming.

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Aesthetic Regulation: A New General Rule, Michael Pace Jan 1988

Aesthetic Regulation: A New General Rule, Michael Pace

West Virginia Law Review

No abstract provided.

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Prior Inconsistent Statements, H. Patrick Furman Jan 1988

Prior Inconsistent Statements, H. Patrick Furman

Publications

No abstract provided.

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Water Planning: Untapped Opportunity For The Western States, David H. Getches Jan 1988

Water Planning: Untapped Opportunity For The Western States, David H. Getches

Publications

No abstract provided.

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Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches Jan 1988

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Publications

No abstract provided.

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Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson Jan 1988

Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson

Publications

No abstract provided.

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Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James Jan 1988

Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James

Seattle University Law Review

This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …

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A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman Jan 1988

A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman

Seattle University Law Review

This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement …

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Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan Jan 1988

Torts - Municipal Liability - Exemplary Damages Available Against Municipality Performing Proprietary Function If Willful Or Malicious Conduct Directly Attributable To City Official(S) Symposium - Business Tort Litigation - Case Note., Jeffery V. Strahan

St. Mary's Law Journal

Abstract Forthcoming.

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Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott Jan 1988

Liability Of Parents For Conduct Of Their Child Under Section 33.01 Of The Texas Family Code: Defining The Requisite Standards Of Culpability., L. Wayne Scott

St. Mary's Law Journal

Section 33.01 of the Texas Family Code uses archaic terms and needs to be updated to eliminate confusion. This section provides an expansive statutory avenue for recovering from the parent damages previously unavailable at common law for a child's acts. However, the extent of parental liability under both of the available statutory provisions—negligence and strict liability—is disputable. While section 33.01 currently uses the terms "willful" and "malicious," these terms should be excluded in favor of "intentional" and "grossly negligent conduct." In an age when tort liability is determined more from an insurance theory than a fault theory, section 33.01 of …

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Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr. Jan 1988

Securities - Arbitration - Predispute Arbitration Agreements Enforceable Against Investors Filing Claims Under Section 10(B) Of The Securities Exchange Act Of 1934 Symposium - Business Tort Litigation - Case Note., A. Robert Lamb Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A Jan 1988

Consumer Protection - Deceptive Trade Practices - Breach Of Implied Warranty Requiring Goods Or Property To Be Modified Or Repaired In Good And Workmanlike Manner Actionable Under Deceptive Trade Practices-Consumer Protection Act Symposium - Business Tort Litigation - Case Note, N/A N/A

St. Mary's Law Journal

Abstract Forthcoming.

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The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori Jan 1988

The Conflict Between The Parental Kidnapping Prevention Act And The Extradition Act: Naming The Custodial Parent Both Legal Guardian And Fugitive Comment., Suzanne Y. Lepori

St. Mary's Law Journal

Abstract Forthcoming.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1988

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan Jan 1988

The Surrogate Responds: The Need For Reform In Adoption Proceedings, C. Raymond Radigan

Touro Law Review

No abstract provided.

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Some Reflections On State Constitutions, Joseph R. Grodin Jan 1988

Some Reflections On State Constitutions, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

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Public Interest Organizations, J. Jacobson Jan 1988

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

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