Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (213)
- Agency (186)
- Constitutional Law (81)
- Courts (73)
- Natural Resources Law (71)
-
- Health Law and Policy (63)
- Oil, Gas, and Mineral Law (51)
- Supreme Court of the United States (49)
- Environmental Law (42)
- Jurisprudence (41)
- Legal Ethics and Professional Responsibility (37)
- Criminal Procedure (32)
- Law and Society (26)
- Military, War, and Peace (26)
- Environmental Sciences (25)
- Immigration Law (25)
- Natural Resources Management and Policy (25)
- Physical Sciences and Mathematics (25)
- Water Law (25)
- Water Resource Management (25)
- Environmental Health and Protection (21)
- Legislation (21)
- Litigation (20)
- Judges (18)
- Civil and Environmental Engineering (16)
- Engineering (16)
- Hydraulic Engineering (16)
- Criminal Law (14)
- Institution
-
- University of San Diego (186)
- Touro University Jacob D. Fuchsberg Law Center (65)
- University of Texas Rio Grande Valley (40)
- University of Colorado Law School (29)
- Case Western Reserve University School of Law (26)
-
- St. Mary's University (25)
- UIC School of Law (14)
- University of Michigan Law School (9)
- University of Kentucky (8)
- Fordham Law School (5)
- West Virginia University (5)
- St. Thomas University College of Law (4)
- American University Washington College of Law (3)
- Maurer School of Law: Indiana University (3)
- Cleveland State University (2)
- Notre Dame Law School (2)
- Seattle University School of Law (2)
- University of Connecticut (2)
- University of Missouri School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- Campbell University School of Law (1)
- College of Saint Benedict and Saint John's University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Georgia State University College of Law (1)
- Mercer University School of Law (1)
- Texas A&M University School of Law (1)
- University at Buffalo School of Law (1)
- University of Montana (1)
- University of Richmond (1)
- Keyword
-
- Constitution (60)
- 1991) (55)
- SB 2044 (55)
- Supreme Court (40)
- New York (38)
-
- State (38)
- N.Y. Const. Art. I (37)
- Federal (36)
- SB 664 (32)
- Ohio (27)
- AB 2743 (26)
- Appellate Division (26)
- St. Mary’s Law Journal (21)
- St. Mary’s University School of Law (21)
- Defendant (20)
- § 6 (19)
- Court (15)
- State law; State administrative decision; (15)
- § 1 (14)
- Court of Appeals (13)
- Violated (12)
- State law; State administrative decision (11)
- AB 819 (10)
- Second Department (10)
- U.S. Const. Amend. VI (10)
- § 8 (10)
- New York County (9)
- SB 506 (9)
- Trial (9)
- AB 3469 (8)
- Publication
-
- California Regulatory Law Reporter (186)
- Touro Law Review (65)
- Kika de la Garza Congressional Papers - Newsletters (40)
- Ohio Oil & Gas Commission Decisions (26)
- St. Mary's Law Journal (25)
-
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (25)
- UIC Law Review (11)
- Faculty Scholarship (5)
- West Virginia Law Review (5)
- Articles (4)
- Journals of the General Assembly of the Commonwealth of Kentucky (4)
- Kentucky Law Journal (4)
- Publications (4)
- St. Thomas Law Review (4)
- Articles by Maurer Faculty (3)
- Faculty Publications (3)
- Journal Articles (3)
- Michigan Law Review (3)
- Scholarly Articles in Law Reviews & Journals (3)
- UIC Law Open Access Faculty Scholarship (3)
- Cleveland State Law Review (2)
- Faculty Articles and Papers (2)
- Fordham Urban Law Journal (2)
- Seattle University Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Book Chapters (1)
- Campbell Law Review (1)
- Cardozo Law Review (1)
- Faculty Law Review Articles (1)
- Faculty Publications By Year (1)
- Publication Type
Articles 331 - 360 of 448
Full-Text Articles in State and Local Government Law
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
The Definition And Determination Of Insanity In Colorado, H. Patrick Furman
Publications
No abstract provided.
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Publications
No abstract provided.
The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes
The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes
Publications
No abstract provided.
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Seattle University Law Review
This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
The Model Employment Termination Act: Fairness For Employees And Employers Alike, Theodore J. St. Antoine
Articles
The Model Employment Termination Act (META), which state legislatures are expected to consider in the near future aims to prevent the unfair firing of Amer~ ican workers. At the same time, the Act aims to prevent devastating financial blows to American business. For both employees and employers, META offers streamlined dispute resolution procedures that would be simpler, less costly, and less time-consuming than the civil courts. The essence of the proposal is compromise-not as a matter of political expediency but as a practical, balanced accommodation of the competing worthwhile interests of employers and employees. Workers are entitled to be free …
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Legislative Veto Of Administrative Rules In Missouri: A Constitutional Virus, Kenneth D. Dean
Faculty Publications
The purpose of this Article is to examine the constitutionality of the legislative veto as it exists in Missouri, specifically the powers of the JCAR. Part II of the Article traces the history of the JCAR and the various types of powers given to it. Part III of the Article examines the experiences of the United States government and other states to determine their applicability to Missouri. Part IV examines the various grants of power to determine whether they comply with the Missouri constitution.
Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.
Privitization Of The Mexican Banking System: Quetzalcoatl And The Bankers., John P. Cogan Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Federal Income Tax Issues In The Organization, Financing, And Operation Of Maquiladoras., William R. Leighton, T. Richard Sealy Iii
Federal Income Tax Issues In The Organization, Financing, And Operation Of Maquiladoras., William R. Leighton, T. Richard Sealy Iii
St. Mary's Law Journal
This Article principally considers various United States federal income tax issues in the formation, financing, and operation of maquiladoras. Mexico’s most successful means of attracting foreign investment is its Maquiladora Program. Mexico created the program to encourage U.S. and other non-Mexican enterprises to establish manufacturing facilities in Mexico. It spawned a domestic industry whose economic output is second only to that of Mexico’s national oil industry. In the 1980s, the maquiladora industry experienced explosive growth from 620 plants in 1980 to more than 2,000 currently. They employ approximately 500,000 workers earning an average wage of five dollars per day plus …
Joint Ventures In Mexico: A Current Perspective., Rona R. Mears
Joint Ventures In Mexico: A Current Perspective., Rona R. Mears
St. Mary's Law Journal
The Article is intended to go beyond legal issues, to address core practical considerations in forging successful U.S.-Mexico joint ventures. Opportunities unmatched in Mexico’s history are now available for foreign investors and traders doing business in Mexico. This Article will begin by presenting a historical perspective on joint venturing in Mexico and then contrast it with an examination of current uses of joint ventures in Mexico. It will also highlight the traditional advantages of strategic business alliances. Following is a detailed review of structuring the Mexican joint venture. Finally, this Article identifies strategies for dealing with practical issues which arise …
Foreign Investment In Mining In Mexico., Rodrigo Sanchez-Mejorada Velasco
Foreign Investment In Mining In Mexico., Rodrigo Sanchez-Mejorada Velasco
St. Mary's Law Journal
The object of this Article is to focus on the current legal provisions which regulate foreign investment in mining in Mexico. Legislation implemented in 1961 reduced foreign participation in mining to a minority position, and legislation implemented in 1975 further developed Mexican control over mining activities. The enactment of new foreign investment regulations in 1989, and new mining regulations in late 1990 allowed wider participation of foreigners in mining. Mining is one of the oldest economic activities in Mexico. Mercantilist economic ideas, in Europe in the seventeenth and eighteenth centuries, stressed accumulation of precious metals by states and saw American …
Peremptory Jury Strike In Texas After Batson And Edmondson., Alan B. Rich
Peremptory Jury Strike In Texas After Batson And Edmondson., Alan B. Rich
St. Mary's Law Journal
In Batson v. Kentucky, the United States Supreme Court overruled that portion of Swain v. Alabama, which had imposed a “crippling burden of proof” upon a person who wished to vindicate his right of equal protection under the Fourteenth Amendment in the face of a racially motivated peremptory challenge. Under Batson, a defendant can raise an inference of discrimination and prove it using only evidence adduced at his own trial. Two fundamental questions needing resolution prior to involving the Batson procedures are: (A) who has standing to bring a Batson challenge; and (B) who must be challenged before the Batson …
God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez
God Is Dead: Killed By Fifty Years Of Establishment Clause Jurisprudence., Raul M. Rodriguez
St. Mary's Law Journal
In 1980, the Supreme Court in Stone v. Graham addressed the issue of whether a statute requiring the display of the Ten Commandments in all public school classrooms was an unconstitutional establishment of religion. Applying the Lemon test the Court found the statute’s purpose to be religious and ruled it unconstitutional. Yet, had the state required the placement of the following “secular commandments” in every classroom, it is unlikely the Court would have found an Establishment Clause violation. Stone illustrates what the Supreme Court’s Establishment Clause jurisprudence has become. The Court has misconstrued the meaning of the “establishment of religion” …
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
Limiting Punitive Damages: A Placebo For America's Ailing Competitiveness., Jimmie O. Clements Jr.
St. Mary's Law Journal
This Comment will discuss Vice President Dan Quayle’s proposed legislation by reviewing the history of punitive damages and providing an overview of current state legislation. Thereafter, this Comment debunks the theory of an unruly punitive damage system and analyzes the impact of a punitive damages cap on competitiveness, quality, safety and the doctrine’s underlying goals. On August 13, 1991, Vice President Quayle, as head of the President’s Council on Competitiveness (the Council), addressed the American Bar Association’s annual meeting. He announced a fifty-point proposal designed to improve the civil justice system. Vice President Quayle proposed, inter alia, a cap on …
The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit
The Evolution Of Government Liability Under Section 1983., Christopher J.M. Pettit
St. Mary's Law Journal
The Fourteenth Amendment of the United States Constitution provides in order to enforce the law, Congress shall have the power to pass enabling legislation. In the exercise of this power, Congress enacted the Civil Rights Act of 1871, to implement the prohibition of slavery as required by the Thirteenth Amendment. Although the Thirteenth Amendment abolished the institution of slavery, discriminatory actions by private citizens remained prevalent. During the period following reconstruction, congressional legislation shifted focus from prohibiting state action to prohibiting the actions of private individuals who violated the civil liberties of others. Through the passage of the Civil Rights …
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
Heitman V. State: The Question Left Unanswered., Matthew W. Paul, Jeffrey L. Van Horn
St. Mary's Law Journal
In Heitman v. State, the Texas Court of Criminal Appeals appeared to break with the court’s prior holdings to announce it would no longer “automatically adopt and apply” to the search and seizure provisions of the Texas Constitution “the Supreme Court’s interpretations of the Fourth Amendment.” The reaction to Heitman was immediate and striking. Heitman is obviously a significant decision that could impact Texas criminal jurisprudence for decades. Yet, the decision left many questions unanswered, including whether the search and seizure provision should be construed as placing greater restrictions on law enforcement than the Fourth Amendment of the United States …
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
The Political Philosophy Of Campaign Finance Reform As Articulated In The Dissents In Austin V. Michigan Chamber Of Commerce., John S. Shockley, David A. Schultz
St. Mary's Law Journal
The 1992 presidential candidacy of Jerry Brown, who called for campaign contribution limits, has reignited the issue of campaign finance reform. Indeed, the United States Supreme Court has recognized the importance of campaign finance reform as a judicial issue. The importance of this issue is marked by the Court’s continued willingness to address the regulation of campaign finance since the 1976 landmark case of Buckley v. Valeo. The case of Austin v. Michigan Chamber of Commerce emphasized the somewhat confused nature of the Supreme Court’s campaign finance reform decisions. The Supreme Court and state legislatures will likely continue to address …
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
Wrongful Adoption: A Guide To Impending Tort Litigation In Texas., Fred S. Wilson
St. Mary's Law Journal
Texas has an opportunity to improve a necessary tool of family law by recognizing and advancing wrongful adoption. There is an underlying lack of recognition for the interests of adoptive parents in adoption law. Those who choose to adopt necessarily rely on the information provided by an adoption agency in making their decision. As such, adoptive parents are particularly vulnerable to misrepresentation about the pertinent history of the adoptee. Recent cases in other states demonstrate the progression of wrongful adoption as a tort, yet many inadequacies remain. The necessary progression of wrongful adoption calls for the imposition of a duty …
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Campbell Law Review
Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.
Civil Service Appointments And Promotions
Preemption Of Local Law By State Legislature
Law Enforcement And Other Officers
Freedom Of Speech And The Press
Ineffective Assistance Of Counsel