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State and Local Government Law Commons™

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1998

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Institution
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Publication
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Articles 121 - 150 of 241

Full-Text Articles in State and Local Government Law

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni Jan 1998

Justice Charles M. Leibson And The Revival Of State Constitutional Law: A Microcosm Of A Movement, Jennifer Digiovanni

Kentucky Law Journal

No abstract provided.


Introduction, Honorable Leon D. Lazer Jan 1998

Introduction, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon Jan 1998

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.


Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh Jan 1998

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh

St. Mary's Law Journal

When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …


The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy Jan 1998

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …


The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg Jan 1998

The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg

St. Mary's Law Journal

The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …


Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino Jan 1998

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …


The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf Jan 1998

The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf

UIC Law Review

No abstract provided.


Administrative Agency Oversight Of Notarial Practice, 31 J. Marshall L. Rev. 857 (1998), John T. Henderson, Peter D. Kovach Jan 1998

Administrative Agency Oversight Of Notarial Practice, 31 J. Marshall L. Rev. 857 (1998), John T. Henderson, Peter D. Kovach

UIC Law Review

No abstract provided.


Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards Jan 1998

Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards

UIC Law Review

No abstract provided.


Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young Jan 1998

Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young

UIC Law Review

No abstract provided.


The Digests Of Pennsylvania, Joel Fishman Jan 1998

The Digests Of Pennsylvania, Joel Fishman

Law Faculty Publications

Published case law in Pennsylvania dates from the colonial period and constitutes one of the largest collections of court decisions in American law. Digests have long stood as an important tool for those conducting research in this material, with the first appearing not long after the cases themselves. Mr. Fishman helps to document the history of Pennsylvania digests by reviewing their publication, beginning with the early nineteenth century to the present. A bibliography is appended.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 3, Kentucky. General Assembly. House Of Representatives. Jan 1998

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster Jan 1998

A Remedy On Paper: The Role Of Law In The Failure Of City Planning In New Haven, 1907-1913, Mark Fenster

UF Law Faculty Publications

Part I of this paper provides an overview of the dominant conservative legal doctrines and governing practices that limited planners' goals and strategies in New Haven during the period from 1907 through 1913, and that planning advocates sought to change. Part II provides a narrative of the New Haven planning movement prior to the publication of a 1910 report by Cass Gilbert, a well-known New York-based architect, and Frederick Law Olmsted, Jr., a nationally recognized city planner, on how best to improve New Haven's physical environment and infrastructure. To illustrate the difficulties facing the nascent planning movement in New Haven, …


The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim Jan 1998

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …


Daubert In The States, Paul C. Giannelli Jan 1998

Daubert In The States, Paul C. Giannelli

Faculty Publications

No abstract provided.


Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie Jan 1998

Right To Counsel, Supreme Court, Appellate Division, First Department: People V. Leslie

Touro Law Review

No abstract provided.


Kentucky Law Survey: Evidence, Robert G. Lawson Jan 1998

Kentucky Law Survey: Evidence, Robert G. Lawson

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Family Law, Louise Everett Graham Jan 1998

Kentucky Law Survey: Family Law, Louise Everett Graham

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Torts, Ronald L. Green Jan 1998

Kentucky Law Survey: Torts, Ronald L. Green

Kentucky Law Journal

No abstract provided.


Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne Jan 1998

Are Kentucky's Children "At Risk" As A Result Of J.H. V. Commonwealth?, Duane F. Osborne

Kentucky Law Journal

No abstract provided.


The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael Jan 1998

The Past And Future Of Kentucky's Fraudulent Transfer And Preference Laws, Douglas C. Michael

Kentucky Law Journal

No abstract provided.


Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser Jan 1998

Morally And Legally: A Parent's Duty To Prevent The Abuse Of A Child As Defined By Lane V. Commonwealth, Rachel S. Zahniser

Kentucky Law Journal

No abstract provided.


The Corporate Director's Duty Of Oversight, Mark J. Loewenstein Jan 1998

The Corporate Director's Duty Of Oversight, Mark J. Loewenstein

Publications

No abstract provided.


Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr. Jan 1998

Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.

Faculty Scholarship

Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew the legal landscape in the manner of the kudzu vine until by the mid- 1980s few ethical or fiduciary breaches seemed beyond its potential reach. That doctrine was radically pruned by the Supreme Court in 1987 in the McNally decision, which held that the federal mail and wire fraud statutes reached only those schemes that intentionally sought to deprive their victims of money or …


Standards Of Review In Texas., W. Wendell Hall Jan 1998

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

This Article presents a substantial and comprehensive update of the standards of review applied by Texas appellate courts. It focuses on appellate standards for reviewing trial court rulings on pretrial, trial, and posttrial proceedings. Standards of review distribute power within the judicial branch by defining the relationship between trial and appellate courts. These standards “frame the issues, define the depth of review, assign power among judicial actors, and declare the proper materials to review.” Sometimes a trial court’s errors are so egregious and harmful that reversing the trial court is relatively simple. When the trial court’s error is only marginal …


Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore Jan 1998

Texas Rule Of Civil Procedure 166a(I): A New Weapon For Texas Defendants Comment., Robert W. Clore

St. Mary's Law Journal

This Comment analyzes the Texas Rule of Civil Procedure 166a(i) for a “no evidence” motion and discusses its likely application in Texas courts. Part II reviews summary judgment practice in federal and Texas state courts in order to determine the likely construction of the new rule. Part III discusses Rule 166a(i) and explores the role of litigation reform in shaping the no-evidence motion. This part also addresses the procedural shortcomings of the new rule and compares Rule 166a(i) with federal summary judgment practice. Part IV assesses whether Rule 166a(i) violates the Texas Constitution by denying citizens the right to a …


Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker Jan 1998

Feminism And Defending Men On Death Row Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Phyllis L. Crocker

St. Mary's Law Journal

In this Essay I explore the relationship between being a feminist and representing men on death row. It is appropriate to engage in this inquiry in considering how the law has developed in the twenty-five years since Furman v. Georgia. During that time both Furman and the advent of feminist legal theory have required a restructuring in the way we think about two fundamental legal questions: for death penalty jurisprudence, how and why we sentence individuals to death; and for feminist jurisprudence, how the law views crimes of violence against women. The relationship between these two developments becomes apparent when …


The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker Jan 1998

The Constitutional Regulation Of Capital Punishment Since Furman V. Georgia Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Carol S. Steiker, Jordan M. Steiker

St. Mary's Law Journal

Abstract Forthcoming.


A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson Jan 1998

A Practitioner's Review Of Civil Appeals Under The 1997 Texas Rules Of Appellate Procedure Comment., Reagan Wm. Simpson

St. Mary's Law Journal

Abstract Forthcoming.