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State and Local Government Law Commons™

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1993

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Articles 331 - 360 of 501

Full-Text Articles in State and Local Government Law

Economic Development And Public Transit: Making The Most Of The Washington Growth Management Act, Robert H. Freilich, Elizabeth A. Garvin, S. Mark White Jan 1993

Economic Development And Public Transit: Making The Most Of The Washington Growth Management Act, Robert H. Freilich, Elizabeth A. Garvin, S. Mark White

Seattle University Law Review

Rapid and unplanned urban growth in the urbanizing and rural fringe areas of the United States has led to numerous problems for state, local, and regional governments. In particular, six crises are readily identifiable, each of which threatens to undermine quality of life and local competitive economic advantage. These crises include the following: (1) deterioration of central cities, first-ring suburbs, and closer-in neighborhoods, resulting in depopulation and abandonment of housing and the employment base; (2) spiraling suburban sprawl, creating massive infrastructure as well as energy costs; (3) loss of prime agricultural lands; (4) environmental crises and threats to open space, …


The Growth Management Revolution In Washington: Past, Present, And Future, Richard L. Settle, Charles G. Gavigan Jan 1993

The Growth Management Revolution In Washington: Past, Present, And Future, Richard L. Settle, Charles G. Gavigan

Seattle University Law Review

Since near misses nearly twenty years ago, comprehensive reform of Washington land use regulatory legislation has been simmering on the back burner. In 1989, the pot began to boil. Central Puget Sound area motorists fumed in "gridlock" traffic. They denounced dense, downtown development, fretted over soaring housing prices, and lamented the loss of forests, farms, and salmon-spawning streams. Thus, the growth management revolution was fomented not by the poor and downtrodden, nor by academic theorists, but by the middle-class suburban masses who sensed escalating degradation of community, environment, and quality of life. They demanded change. The revolutionary battles were fought …


Regulation Of Wetlands In Western Washington Under The Growth Management Act, Alison Moss, Beverlee E. Silva Jan 1993

Regulation Of Wetlands In Western Washington Under The Growth Management Act, Alison Moss, Beverlee E. Silva

Seattle University Law Review

Wetlands protection has long been an important issue in the central Puget Sound. With the passage of the Growth Management Act (GMA), all counties and cities within the state are now required to adopt regulations "protecting" critical areas, including wetlands. This requirement furthers the GMA's environmental goal to "[p]rotect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." This Article will explore these and related issues arising under the wetlands regulatory scheme in Washington following the adoption of the GMA. It will show how this complex, multi-layered regulation scheme …


Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens Jan 1993

Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens

Seattle University Law Review

In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …


Illinois' Stalking Statute: Taking Unsteady Aim At Preventing Attacks, 26 J. Marshall L. Rev. 821 (1993), Gregory W. O'Reilly Jan 1993

Illinois' Stalking Statute: Taking Unsteady Aim At Preventing Attacks, 26 J. Marshall L. Rev. 821 (1993), Gregory W. O'Reilly

UIC Law Review

No abstract provided.


New Motor Vehicle Board, T. L. Archer Jan 1993

New Motor Vehicle Board, T. L. Archer

California Regulatory Law Reporter

No abstract provided.


Auctioneer Commission, J. D'Angelo Jan 1993

Auctioneer Commission, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Survey Of Illinois Law: Tort Developments, 17 S. Ill. U. L.J. 961 (1993), Kenneth Kandaras Jan 1993

Survey Of Illinois Law: Tort Developments, 17 S. Ill. U. L.J. 961 (1993), Kenneth Kandaras

UIC Law Open Access Faculty Scholarship

No abstract provided.


Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy Jan 1993

Admissibility Of Expert Testimony On Child Sexual Abuse Accommodation Syndrome In Kentucky, Michele Meyer Mccarthy

Kentucky Law Journal

No abstract provided.


Athletic Commission, C. Mckinnon Jan 1993

Athletic Commission, C. Mckinnon

California Regulatory Law Reporter

No abstract provided.


Cemetery Board, J. Buffone Jan 1993

Cemetery Board, J. Buffone

California Regulatory Law Reporter

No abstract provided.


Fish And Game Commission, T. L. Archer, C. A. Coyle Jan 1993

Fish And Game Commission, T. L. Archer, C. A. Coyle

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow, E. D'Angelo Jan 1993

General Legislation, S. Barrow, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo Jan 1993

Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo

Seattle University Law Review

Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …


Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne Jan 1993

Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne

Seattle University Law Review

In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …


Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens Jan 1993

Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens

American University Law Review

No abstract provided.


Motions In Limine: Use And Consequences In Illinois, 26 J. Marshall L. Rev. 305 (1993), Robert G. Johnston, Thomas P. Higgins Jan 1993

Motions In Limine: Use And Consequences In Illinois, 26 J. Marshall L. Rev. 305 (1993), Robert G. Johnston, Thomas P. Higgins

UIC Law Review

No abstract provided.


The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner Jan 1993

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.


As Natural Landscaping Takes Root We Must Weed Out The Bad Laws - How Natural Landscaping And Leopold's Land Ethic Collide With Unenlightned Weed Laws And What Must Be Done About It, 26 J. Marshall L. Rev. 865 (1993), Bret Rappaport Jan 1993

As Natural Landscaping Takes Root We Must Weed Out The Bad Laws - How Natural Landscaping And Leopold's Land Ethic Collide With Unenlightned Weed Laws And What Must Be Done About It, 26 J. Marshall L. Rev. 865 (1993), Bret Rappaport

UIC Law Review

No abstract provided.


Murder Plus Mitigation: The Lesser Mitigated Offense Arrives In Illinois, 27 J. Marshall L. Rev. 61 (1993), Daniel B. Shanes Jan 1993

Murder Plus Mitigation: The Lesser Mitigated Offense Arrives In Illinois, 27 J. Marshall L. Rev. 61 (1993), Daniel B. Shanes

UIC Law Review

No abstract provided.


State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber Jan 1993

State's Rights, Tribal Sovereignty, And The "White Man's Firewater": State Prohibition Of Gambling On New Indian Lands, Leah L. Lorber

Indiana Law Journal

No abstract provided.


Child Protection Law, Suellyn Scarnecchia Jan 1993

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).


A Call For Reform Of Arkansas Municipal Law, Charles W. Goldner Jr. Jan 1993

A Call For Reform Of Arkansas Municipal Law, Charles W. Goldner Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Recent Constitutional Decisions In Indiana, Patrick L. Baude Jan 1993

Recent Constitutional Decisions In Indiana, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


California Horse Racing Board, B. Renner, V. Shalkevich Jan 1993

California Horse Racing Board, B. Renner, V. Shalkevich

California Regulatory Law Reporter

No abstract provided.


Municipal Annexation In Ohio: Putting An End To The Bitter Battle, Mary Shannon Place Jan 1993

Municipal Annexation In Ohio: Putting An End To The Bitter Battle, Mary Shannon Place

Cleveland State Law Review

Recent decades, marked by steady population growth, have seen the evolution of a distinctly urban nation. The multiplicity of local governments within metropolitan areas has raised serious questions about the efficiency and equity of fragmented government organizations. Critics argue that the existence of multiple local governments in metropolitan areas leads to an inequitable allocation of public goods and services, inefficient patterns of area land use and development, and counterproductive competition for new fiscal resources and territorial autonomy. Moreover, the urbanized landscape poses problems of community leadership. And sadly, municipal annexation in Ohio has fallen far short of its potential to …


Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke Jan 1993

Fencing Out Politically Unpopular Groups From The Normal Political Processes: The Equal Protection Concerns Of Colorado Amendment Two, Craig Cassin Burke

Indiana Law Journal

No abstract provided.


Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi Jan 1993

Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi

Seattle University Law Review

Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …


Public Interest Organizations Jan 1993

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, D. Levinson Jan 1993

Office Of Administrative Law, D. Levinson

California Regulatory Law Reporter

No abstract provided.