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State and Local Government Law Commons™

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1995

Discipline
Institution
Keyword
Publication
Publication Type

Articles 301 - 330 of 362

Full-Text Articles in State and Local Government Law

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy Jan 1995

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …


Self-Defense In Colorado, H. Patrick Furman Jan 1995

Self-Defense In Colorado, H. Patrick Furman

Publications

No abstract provided.


Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle Jan 1995

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Publications

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.


Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean Jan 1995

Capital Punishment: The Humanistic And Moral Issues Address., Helen Prejean

St. Mary's Law Journal

Death row reminds us that justice is not equal. Death sentences, opposed to being reserved for only the most heinous crimes, are generally related to the profile of the victim and identity of those most outraged by the crime. The majority of people on death row killed a white person, even though one-half of homicide victims in the United States are people of color. Because of this, and the fact that the law almost always sides with people of wealth and power, the death penalty works to compound societal trauma instead of healing or solving anything. The skewed and harmful …


Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick Jan 1995

Use Of A Pen Register May Be A Search Within The Purview Of Article I, Section 9 Of The Texas Constitution., Angie Patrick

St. Mary's Law Journal

In Richardson v. State, the Texas Court of Criminal Appeals granted Richardson’s second petition for discretionary review to determine whether law enforcement’s use of a pen register constitutes a search. The use of a pen register may be a search within the purview of Article I, Section 9 of the Texas Constitution. Courts use the reasonable-expectation-of-privacy test, from Katz v. United States, to determine whether a search has occurred under the Fourth Amendment. In Richardson, the Texas Court of Criminal Appeals reviewed whether the use of a pen register equates to a search despite the U.S. Supreme Court’s determination in …


Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley Jan 1995

Foreigners On Texas's Death Row And The Right Of Access To A Consul Symposium - Human Rights In The Americas., S. Adele Shank, John Quigley

St. Mary's Law Journal

Foreign nationals arrested in the United States confront the disadvantage of mounting a criminal defense in several ways. In most cases, they are unfamiliar with U.S. customs, police policies, and criminal proceedings. Although U.S. courts strive to prevent bias against accused based on alienage, discrimination does occur. To minimize the disadvantages experienced by accused foreigners, international law guarantees the right of consular access. Under internationally accepted norms applicable in the United States, an accused foreigner is entitled to contact his home-state consult office for assistance. Furthermore, mere involvement of a consul may encourage local government to follow procedural norms and …


The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss Jan 1995

The Subjection Of Women . . . Still: Unfulfilled Promises Of Protection For Women Victims Of Domestic Violence Comment., James Martin Truss

St. Mary's Law Journal

Throughout American history, women have fought to realize a full and independent legal identity, equal to men. Nonetheless, issues such as domestic violence have often remained obscured due partly to the judicial system’s reluctance to intrude into “family matters.” Although courts have long-since renounced the common-law rule which allowed a husband to discipline his wife, the plight of the battered woman remained largely ignored by courts and legislatures. The pervasiveness and severity of domestic violence are widely documented. On June 1, 1991, the Texas Supreme Court created the Gender Bias Task Force of Texas (Task Force) to consider whether gender …


International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe Jan 1995

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …


A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss Jan 1995

A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss

St. Mary's Law Journal

Abstract Forthcoming.


Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott Jan 1995

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.


Children's Task Force Reports, Donald N. Duquette, Cd Stephens Jan 1995

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …


The Maryland Survey: 1993-1994 Jan 1995

The Maryland Survey: 1993-1994

Maryland Law Review

No abstract provided.


Public Interest Organizations Jan 1995

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, S. Cola Jan 1995

Office Of Administrative Law, S. Cola

California Regulatory Law Reporter

No abstract provided.


Bureau Of State Audits, E. D'Angelo Jan 1995

Bureau Of State Audits, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Commission On California State Government Organization And Economy (Little Hoover Commission), E. D'Angelo Jan 1995

Commission On California State Government Organization And Economy (Little Hoover Commission), E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Department Of Consumer Affairs, J. D'Angelo Jan 1995

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Office Of The Legislative Analyst, E. D'Angelo Jan 1995

Office Of The Legislative Analyst, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Assembly Office Of Research, S. Cola Jan 1995

Assembly Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.


Senate Office Of Research, S. Cola Jan 1995

Senate Office Of Research, S. Cola

California Regulatory Law Reporter

No abstract provided.


Board Of Accountancy, M. Lorenzo Jan 1995

Board Of Accountancy, M. Lorenzo

California Regulatory Law Reporter

No abstract provided.


Board Of Architectural Examiners, P. Dennehy Jan 1995

Board Of Architectural Examiners, P. Dennehy

California Regulatory Law Reporter

No abstract provided.


Athletic Commission, T. Taylor Jan 1995

Athletic Commission, T. Taylor

California Regulatory Law Reporter

No abstract provided.


Board Of Barbering And Cosmetology, E. D'Angelo Jan 1995

Board Of Barbering And Cosmetology, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Science Examiners, A. Sommers Jan 1995

Board Of Behavioral Science Examiners, A. Sommers

California Regulatory Law Reporter

No abstract provided.


Cemetery Board, J. Brysk Jan 1995

Cemetery Board, J. Brysk

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, J. D. Bournazian Jan 1995

Contractors State License Board, J. D. Bournazian

California Regulatory Law Reporter

No abstract provided.


Court Reporters Board Of California, E. Finelli Jan 1995

Court Reporters Board Of California, E. Finelli

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, H. Bryan Jan 1995

Board Of Dental Examiners, H. Bryan

California Regulatory Law Reporter

No abstract provided.