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State and Local Government Law Commons™
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Articles 271 - 300 of 418
Full-Text Articles in State and Local Government Law
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
The Relevance Of Temporary Child Custody Orders To The Formation Of An Established Custodial Environment: A Model Statute For Uniform Application Under Michigan Law, Christine M. Drylie
University of Michigan Journal of Law Reform
This Note presents a Model Statute that clearly indicates when a court may find that an established custodial environment has arisen out of a temporary custody order. The Model Statute thus clarifies when it is appropriate to apply the clear and convincing evidentiary standard to situations involving temporary child custody orders. Part I of this Note describes the court's use of temporary custody orders to determine whether an established custodial environment exists. Part II sets forth the Model Statute, which integrates current case law into statutory language designed specifically for temporary custody situations. Part II also analyzes each section of …
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, 11 N. Ill. U. L. Rev. 55 (1990), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
Survey Of Illinois Law - Civil Procedure, 14 S. Ill. U. L.J. 699 (1990), Diane S. Kaplan, Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
Prenatal V. Parental Rights: What A Difference An A Makes., Ali Gallagher
St. Mary's Law Journal
No abstract provided.
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
Lust - Deep In The Heart Of Texas: Federal Epa Regulations Affecting Underground Storage Tanks - The Texas Statutory And Regulatory Counterparts., Blaine D. Edwards
St. Mary's Law Journal
No abstract provided.
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
1989 Texas Dtpa Reform: Closing The Dtpa Loophole In The 1987 Tort Reform Laws And The Ongoing Quest For Fairer Dtpa Laws., John T. Montford, Will G. Barber, Robert L. Duncan
St. Mary's Law Journal
Abstract Forthcoming.
Dedication., James P. White
Dedication., Sam S. Crutchfield
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
Commanding Respect: Criminal Sanctions For Environmental Crimes., Eva M. Fromm
St. Mary's Law Journal
Abstract Forthcoming.
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
Standards Of Appellate Review In Civil Appeals., W. Wendell Hall
St. Mary's Law Journal
Abstract Forthcoming.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
Punitive Damages For Breach Of Contract - A Principled Approach., Frank J. Cavico Jr.
St. Mary's Law Journal
No abstract provided.
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
A Reasonable Belief That A Third Party Had Authority To Consent To A Search Is An Exception To The Warrant Requirement., S. Jeffrey Gately
St. Mary's Law Journal
In Illinois v. Rodriguez, the Supreme Court granted certiorari to determine whether a warrantless search is valid when police rely on consent of a third party whom they reasonably believe had common authority over an area but does not. A reasonable belief that a third party had authority to consent to a search is an exception to the warrant requirement. The Fourth Amendment to the United States Constitution protects people and their possessions by prohibiting unreasonable searches by government authorities. Although this protection extends to any place where a person may claim a reasonable expectation of privacy, it especially protects …
Under The Boren Amendment, Health Care Providers Have An Enforceable Right, Actionable Under 42 U.S.C. 1983, To Challenge A State's Reimbursement Plan Under The Medicaid Act., C. Lee Cusenbary
St. Mary's Law Journal
No abstract provided.
Allowing A Child Abuse Victim To Testify Via One-Way Closed-Circuit Television Does Not Violate A Criminal Defendant's Sixth Amendment Confrontation Clause Right If The Trial Court Specifically Finds Such A Procedure Necessary To Protect The Child's Welfare., Lisa R. Miller
St. Mary's Law Journal
In Maryland v. Craig, the Supreme Court held allowing child abuse victims to testify via one-way closed-circuit television does not violate a criminal defendant’s Sixth Amendment Confrontation Clause right if the trial court finds the procedure necessary to protect the child’s welfare. Although “confront” has generally been interpreted to mean “face-to-face,” on occasion, it may yield to public policy considerations and the compelling necessities of particular cases. The original purpose of the confrontation right was to prevent the accusers in a criminal proceeding from using ex parte affidavits or depositions against a defendant, in lieu of personal testimony. The Craig …
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
University of Richmond Law Review
The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …
Bureau Of Collection And Investigative Services, D. Kaplan
Bureau Of Collection And Investigative Services, D. Kaplan
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, J. Skay
Board Of Landscape Architects, S. Wainer
Board Of Landscape Architects, S. Wainer
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, M. Milstein
Department Of Real Estate, M. Milstein
California Regulatory Law Reporter
No abstract provided.
Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia
Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia
California Regulatory Law Reporter
No abstract provided.
Board Of Forestry, B. J. Pantone
Board Of Forestry, B. J. Pantone
California Regulatory Law Reporter
No abstract provided.
A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl
UIC Law Review
No abstract provided.
Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde
Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde
UIC Law Review
No abstract provided.
In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster
UIC Law Review
No abstract provided.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi
Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi
Cleveland State Law Review
Recent count indicates that 10,000 Americans now remain, for whatever reason, in an incurable and persistent vegetative condition, trapped in a state of life made possible by aggressive life support systems. A dilemma exists: How do these non-cognitive individuals fit into the legal definitions of life and death? What rights do they, their guardians, or others have in decisions concerning artificial life support, including nutrition and hydration? To resolve the dilemma, a policy based on sound reasoning needs to be established in Ohio to determine if and when the termination of life support, including nutrition and hydration, can occur. Recently, …
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Assumption Of Risk In New York Under Cplr 1411: Complete Bar Or Comparative Fault?, Thomas P. Lalor
Touro Law Review
No abstract provided.
Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman
Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman
Articles, Book Chapters, & Popular Press
Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and …
Protecting The Innocent: Confrontation, Coy V. Iowa, And Televised Testimony In Child Sexual Abuse Cases, Randal C. Shaffer
Protecting The Innocent: Confrontation, Coy V. Iowa, And Televised Testimony In Child Sexual Abuse Cases, Randal C. Shaffer
Kentucky Law Journal
No abstract provided.