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State and Local Government Law Commons™

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2008

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Institution
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Articles 91 - 120 of 226

Full-Text Articles in State and Local Government Law

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel Jan 2008

Richard B. Lillich Memorial Lecture: New Directions In The Struggle Against Human Trafficking, Mark Sidel

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Indices Jan 2008

Indices

Richmond Journal of Law and the Public Interest

Index of bills from the House and Senate of the Virginia General Assembly


Bills Passed By The 2008 Session Of The General Assembly Jan 2008

Bills Passed By The 2008 Session Of The General Assembly

Richmond Journal of Law and the Public Interest

A legislative summary about the bills that passed in the 2008 Virginia General Assembly


Energy Efficiency And Federalism, Ann E. Carlson Jan 2008

Energy Efficiency And Federalism, Ann E. Carlson

Michigan Law Review First Impressions

The U.S. system for regulating appliances—which account for a huge percentage of the nation’s carbon emissions—is a mess. Since the federal government began regulating appliance efficiency in the 1970s, the process has been characterized by frequent delays and foot-dragging, followed by lawsuits and legislative overhauls. Amidst the turmoil, a number of states have attempted to assert leadership in setting appliance standards but have often faced federal roadblocks in doing so.


There Ain't No Such Thing As A Free Lunch: A Look At State Gift Disclosure Laws And The Effect On Pharmaceutical Company Marketing, 41 J. Marshall L. Rev. 563 (2008), Scott Velasquez Jan 2008

There Ain't No Such Thing As A Free Lunch: A Look At State Gift Disclosure Laws And The Effect On Pharmaceutical Company Marketing, 41 J. Marshall L. Rev. 563 (2008), Scott Velasquez

UIC Law Review

No abstract provided.


Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.


The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker Jan 2008

The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker

UIC Law Review

No abstract provided.


Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth Jan 2008

Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni Jan 2008

Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni

UIC Law Review

No abstract provided.


Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni Jan 2008

Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni

UIC Law Review

No abstract provided.


The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill Jan 2008

The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill

UIC Law Review

No abstract provided.


Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin Jan 2008

Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin

UIC Law Review

No abstract provided.


Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz Jan 2008

Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz

UIC Law Review

No abstract provided.


"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld Jan 2008

The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld

UIC Law Review

No abstract provided.


Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser Jan 2008

Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser

UIC Law Review

No abstract provided.


An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco Jan 2008

An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco

UIC Law Review

No abstract provided.


Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd Jan 2008

Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd

Richmond Journal of Law and the Public Interest

In creating the test to determine whether government employees in the Commonwealth of Virginia are entitled to the benefit of sovereign tort immunity, the Supreme Court of Virginia stated, "[a] dmittedly, no single all-inclusive rule can be enunciated or applied in determining entitlement to sovereign immunity." The court, however, managed to formulate a four-part test to be consistently applied to each situation requiring a determination of whether sovereign immunity should be granted to a state employee. This article will examine the discretion prong of the four-part test created by the court in James v. Jane and the reasons why the …


New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims Jan 2008

New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims

Richmond Journal of Law and the Public Interest

Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.


The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod Jan 2008

The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod

Scholarly Articles

On May 15, 2008, the California Supreme Court in In re Marriage Cases struck down California‘s conjugal marriage and domestic partnership statutory scheme. On October 10, 2008 the high court of Connecticut struck down that state‘s conjugal marriage and civil union scheme. California and Connecticut thus joined Massachusetts and became the second and third states, respectively, to create the institution of same-sex marriage and to remove marriage between one man and one woman (conjugal marriage) from its privileged place in state law. It is instructive to examine a central premise underlying this project to redefine "marriage," namely that the issue …


Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel Jan 2008

Harnessing The Hired Guns: The Substantive Nature Of Ohio Revised Code 2743.43 Under Article Iv, Section 5(B) Of The Ohio Constitution, Patrick Vrobel

Journal of Law and Health

Under Article IV, Section 5(B), rules of procedure that impact the substantive rights of Ohio citizens are considered far too important to be encroached upon by the judiciary. Rules affecting substantive rights, therefore, have been expressly delegated to the legislature. Because rules that regulate the competency of medical experts inevitably encroach upon the ability of a tort victim to seek redress in a court of law, such rules impact substantive rights in very real and tangible ways. As a result, the medical expert statute must control. To find otherwise would permit the judiciary to encroach upon the substantive rights of …


Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton Jan 2008

Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton

Articles

No abstract provided.


The Supreme Court And Indiana's Voter Id Law, David Williams Jan 2008

The Supreme Court And Indiana's Voter Id Law, David Williams

Articles by Maurer Faculty

No abstract provided.


The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez Jan 2008

The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.


Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones Jan 2008

Mansion Or Fortress? The Legal Merits Of Temporary Immunity From Criminal Prosecution For Kentucky's Chief Executive, Nick Jones

Kentucky Law Journal

No abstract provided.


Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler Jan 2008

Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler

Faculty Publications

Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …


Introduction: The Florida Example, 32 Nova L. Rev. 515 (2008), Anthony Niedwiecki, William E. Adams Jan 2008

Introduction: The Florida Example, 32 Nova L. Rev. 515 (2008), Anthony Niedwiecki, William E. Adams

UIC Law Open Access Faculty Scholarship

No abstract provided.


Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe Jan 2008

Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.


Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan Jan 2008

Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake Jan 2008

The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake

St. Mary's Law Journal

Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …