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Articles 181 - 210 of 362
Full-Text Articles in State and Local Government Law
The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson
The Power Of Contempt And Child Support Issues For Family Lawyers, Oregon Law Institute, Bette G. Yada, Diane Pietrzak, Deborah Wilson, John A. Ellis, Elizabeth Welch, Gregory B. Soriano, Mark A. Johnson
Oregon Law Institute, 1995
Course Materials from the June 2, 1995 Program in Portland
The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West
Michigan Telecommunications & Technology Law Review
In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
Direct Democracy And Bioethical Choices: Voting Life And Death At The Ballot Box, Judith F. Daar
University of Michigan Journal of Law Reform
Direct democracy, the political process that enables citizens to draft, circulate, and enact laws, has become the refuge for grassroots organizations seeking statutory validation in a legislative arena perceived to be unresponsive or unfriendly to their concerns. One group of citizens, advocates for physician-aid-in-dying, has recently emerged on the national scene, sponsoring state ballot initiatives in three states and pledging to continue their quest for legalization of physician-assisted death throughout the country. In this Article, Professor Daar examines the interplay between direct democracy and regulation of end-of-life decision making. This examination reveals that lawmaking by initiative, as seen through the …
Electronic Mail And Michigan's Public Disclosure Laws: The Argument For Public Access To Governmental Electronic Mail, Daniel F. Hunter
Electronic Mail And Michigan's Public Disclosure Laws: The Argument For Public Access To Governmental Electronic Mail, Daniel F. Hunter
University of Michigan Journal of Law Reform
This Note explores the potential for citizens to request electronic mail (e-mail) records from government agencies using public disclosure laws, with emphasis on the Michigan Freedom of Information Act (FOIA). E-mail is a medium that has come to replace both telephone calls and paper documents for many purposes. The applicability of public disclosure laws to e-mail, however, is less than clear. Telephone conversations by public employees for most purposes are confidential, while paper records created by those same employees can be requested under the FOIA. Thus, should public e-mail remain private and confidential or should it be subject to FOIA …
Local Government Finance Issues, Oregon Law Institute, Stephen T. Janik, Adrianne Brockman, David E. Erickson, Stephen Altshin, Dan Olsen, Richard Slottee, Sanford Landress, Kenneth E. Iltz, Timothy J. Sercombe, John H. Nelson, Paul Bleeg
Local Government Finance Issues, Oregon Law Institute, Stephen T. Janik, Adrianne Brockman, David E. Erickson, Stephen Altshin, Dan Olsen, Richard Slottee, Sanford Landress, Kenneth E. Iltz, Timothy J. Sercombe, John H. Nelson, Paul Bleeg
Oregon Law Institute, 1995
Course Materials from the May 19, 1995 Program in Portland
Educational Adequacy: A Theory And Its Remedies, William H. Clune
Educational Adequacy: A Theory And Its Remedies, William H. Clune
University of Michigan Journal of Law Reform
The Articles in this volume explore a broad range of issues raised by adequacy litigation. This Introduction will summarize the Articles, discuss the theory of adequacy, and explore highlights of the Articles' examination of key aspects of judicial remedies.
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
University of Michigan Journal of Law Reform
High-poverty schools, and the students who attend them, have historically faced substantial challenges in providing and receiving, adequate education. Despite some relief from the courts, school finance remedies that require the redistribution of monetary aid to low-wealth districts have encountered strong political opposition. In this Article, Professor Clune makes a renewed claim for accelerated education as the primary focus of adequacy litigation in school reform cases. He describes the nation's educational condition, in which there exists a disturbing correlation between poverty and low educational outcomes. He then drafts a vision of a comprehensive, school reform remedy, one that emphasizes institutional …
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
Parents And The State: Joining Forces To Report Incest And Support Its Victims, Lynne Olman Lourim
University of Michigan Journal of Law Reform
As many as 60,000 to 100,000 children each year become victims of child sexual abuse in this country, according to some estimates. These children typically suffer long-lasting effects of the abuse. This Note, in focusing on (step)father-daughter incest, looks at the predominance of males as perpetrators, daughters as victims, and mothers as non-abusers. The Note examines the dynamics within incestuous families and the characteristics common to each member in these families. It particularly considers the position of mothers in these families, who often are subservient to and financially dependent on the incest perpetrator. This Note then discusses how these mothers' …
School Finance Adequacy As Vertical Equity, Julie K. Underwood
School Finance Adequacy As Vertical Equity, Julie K. Underwood
University of Michigan Journal of Law Reform
In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, …
Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff
Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff
University of Michigan Journal of Law Reform
The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing public education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (inputs) and results (outputs) that can serve as evidentiary tools for assessing and for establishing a state public education system's failure to satisfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court's constitutional analysis. It suggests an integrated approach that links input and output standards …
Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith
Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith
University of Michigan Journal of Law Reform
In this Article, Trimble and Forsaith discuss the landmark Kentucky school finance case, Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), and the school reform efforts it spawned. In Council for Better Education, the Kentucky Supreme Court held that the state had failed its duty under the state constitution to provide all students with an adequate education, which it defined in terms of seven categories of knowledge and skills students should acquire. The State General Assembly responded with the Kentucky Education Reform Act (KERA), which significantly boosted state funding as well as established an ambitious accountability system …
Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman
Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman
University of Michigan Journal of Law Reform
This Article traces the history of Oklahoma school finance litigation from the initial challenge based on funding inequity to a recent lawsuit founded on alleged constitutional inadequacies in the state system. Although the legal challenge based on funding inequity was unsuccessful in the courts, the pendency of the suit helped push the state legislature toward some reforms. The threat of a new lawsuit based on alleged inadequacies in the state school system, together with a serious funding shortfall, propelled a comprehensive education reform plan through the state legislature in 1990. The association of local school boards that led the equity …
Newsletter - 1995-04-27, E. De La Garza
Newsletter - 1995-04-27, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Appeal No. 0557: Robert L. & Sara S. Ratchford V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0557: Robert L. & Sara S. Ratchford V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 94-83
Appeal No. 0553: White Investments, Inc V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0553: White Investments, Inc V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 94-47
Appeal No. 0554: Hays And Compnay V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0554: Hays And Compnay V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 94-44
Appeal No. 0556: Luther Weaver V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0556: Luther Weaver V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 93-326
Appeal No. 0540: M& L Drilling Co., V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review
Appeal No. 0540: M& L Drilling Co., V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order No. 93-198
Appeal No. 0549: Chestnut Enterprises C/O Frank Dettore, V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review
Appeal No. 0549: Chestnut Enterprises C/O Frank Dettore, V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review
Ohio Oil & Gas Commission Decisions
Chief's Order No. 93-320
Newsletter - 1995-04-20, E. De La Garza
Newsletter - 1995-04-20, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1995-04-13, E. De La Garza
Newsletter - 1995-04-13, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1995-04-06, E. De La Garza
Newsletter - 1995-04-06, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen
Wrongful Discharge And The North Carolina Equal Employment Practices Act: The Localization Of Federal Discrimination Law, Andrew B. Cohen
North Carolina Central Law Review
No abstract provided.
Who Is A Tenant - The Correct Definition Of The Status In North Carolina, John V. Orth
Who Is A Tenant - The Correct Definition Of The Status In North Carolina, John V. Orth
North Carolina Central Law Review
No abstract provided.
The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael
The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael
Indiana Law Journal
No abstract provided.
Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen
Rethinking The West Virginia Municipal Code Of 1969, Willard D. Lorensen
West Virginia Law Review
No abstract provided.
Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Jr.
Should Local Governments Sell Local Spatial Databases Through State Monopolies?, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Sources Of Rights To Access Public Information, Henry H. Perritt Jr.
Sources Of Rights To Access Public Information, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Uncertainty In The Empire State: A Reevaluation Of New York’S Takings Jurisprudence After Dolan V. City Of Tigard, Clifford B. Olshaker
Cardozo Law Review
A hallmark of American property law is the acknowledgment of the government's ability to regulate the use of private parcels of land through the zoning laws. One of the chief goals of zoning law is to prevent overdevelopment and the accompanying strain on municipal resources. A landowner seeking to make significant changes to his property must obtain a permit from the local governing body. Denial of a building permit or certificate of occupancy is the chief means for enforcing zoning regulations. If a potential developer wishes to alter his property in a way that conflicts with applicable zoning laws, he …