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Articles 211 - 240 of 344
Full-Text Articles in State and Local Government Law
Shaping Interstate Water Compacts To Meet The Realities Of The Twenty-First Century, Connor B. Egan
Shaping Interstate Water Compacts To Meet The Realities Of The Twenty-First Century, Connor B. Egan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski
Warr V. Jmgm Group: Maryland Dram Shops Escape Duty To Foreseeable Victims Of Drunk Driving, Katherine O'Konski
Maryland Law Review
No abstract provided.
Fraud In The Market, Samuel R. Wiseman
Informed Consent And The Differential Diagnosis: How The Law Overestimates Patient Autonomy And Compromises Health Care, 60 Wayne L. Rev. 349 (2014), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
The purpose of this paper is not simply to re-examine the doctrine of informed consent. The purpose, however, is to identify how the doctrine has evolved, its scope expanded, and how it has created serious consequences for physicians and patients. Specifically, this paper focuses on the differential diagnosis - the process by which a physician arrives at a diagnosis - and how some jurisdictions have manipulated informed consent to encompass this process. This paper will urge that the application of informed consent to the differential diagnosis is an unnecessary expansion of the doctrine and, potentially, compromises health care.
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
From Commonwealth To Constitutional Limitations: Thomas Cooley's Michigan, 1805-1886, Robert Allan Olender
SJD Dissertations
In response to what he perceived as the challenges associated with republican governance in the later portions of the nineteenth century, Michigan’s Thomas McIntyre Cooley penned his treatise concerning constitutional limitations on legislative power. In it, Cooley offered a vision of government where courts would check government power and would raise constitutional barriers against the impact of improper influences on legislators. As a student of history, Cooley grounded his beliefs and doctrines in experience, not philosophical reflections. Believing that “the fruits of speculative genius in government are of little value,” Cooley submitted that governing structures and law “must be the …
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Georgia Law Review
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine M. Crocker
Georgia Law Review
In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of "ripeness" requiring most Fifth Amendment regulatory- takings claimants to seek 'just compensation" in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora's box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs …
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Mr. Yassky delivered these remarks on February 18, 2013, at the symposium Process, Powers, and Lessons for the Future: 25 Years of New York City Charter Revisions, sponsored by the Center for New York City Law and the New York Law School Law Review and held at New York Law School. Mr. Yassky’s remarks were given as part of the panel titled The Balance of Powers Under the New York City Charter and are followed by a dialogue between Mr. Yassky and the other members of that panel: John Avlon, Senior Political Columnist, Newsweek; Elizabeth Fine, General Counsel, New York …
Antitrust And Consumer Protection, A. Michael Ferrill, Leslie Sara Hyman, Soledad Valenciano
Antitrust And Consumer Protection, A. Michael Ferrill, Leslie Sara Hyman, Soledad Valenciano
SMU Annual Texas Survey
No abstract provided.
Bankruptcy, Joseph J. Wielebikski, Davor Rukavina
Bankruptcy, Joseph J. Wielebikski, Davor Rukavina
SMU Annual Texas Survey
No abstract provided.
Civil Procedure: Pre-Trial & Trial, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff
Civil Procedure: Pre-Trial & Trial, Donald Colleluori, Gary D. Eisenstat, Bill E. Davidoff
SMU Annual Texas Survey
No abstract provided.
Franchise Law, Deborah S. Coldwell, William D. White, Katie Dolan Galaviz, Laura Warrick, Jamee Cotton
Franchise Law, Deborah S. Coldwell, William D. White, Katie Dolan Galaviz, Laura Warrick, Jamee Cotton
SMU Annual Texas Survey
No abstract provided.
Criminal Procedure: Confessions, Searches, And Seizures, Honorable Michael E. Keasler, Ben Gillis
Criminal Procedure: Confessions, Searches, And Seizures, Honorable Michael E. Keasler, Ben Gillis
SMU Annual Texas Survey
No abstract provided.
Insurance Law, J. Price Collins, William H. Craven, Blake H. Crawford
Insurance Law, J. Price Collins, William H. Craven, Blake H. Crawford
SMU Annual Texas Survey
No abstract provided.
Partnership Law, Jeff Dorrill, Matthew Schindel, Salman Bhojani
Partnership Law, Jeff Dorrill, Matthew Schindel, Salman Bhojani
SMU Annual Texas Survey
No abstract provided.
Real Property, J. Richard White, G. Roland Love
Real Property, J. Richard White, G. Roland Love
SMU Annual Texas Survey
No abstract provided.
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
Reflections On Reform Litigation: Strategic Intervention In Arizona's Ethnic Studies Ban, 47 J. Marshall L. Rev. 1181 (2014), Jean Stefancic
UIC Law Review
No abstract provided.
Seeking Justice In The Empire State: Court Of Appeals Broadens The Reach Of Long Arm Jurisdiction And Clarifies The Statutory Guidelines For Application Of Cplr Section 302(A)(1), Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This article will discuss developments in long-arm jurisdiction under CPLR section 302(a)(1)1 and analyze the recent New York State Court of Appeals‘s thoughtful and instructive decision in Licci ex rel. Licci v. Lebanese Canadian Bank, SAL. Licci decided the question of whether a non-domiciliary‘s maintenance of a bank account in New York constituted a “transaction of business” out of which the plaintiff‘s claims arose under the state‘s long-arm statute. The Licci plaintiffs had alleged that the defendant funded a terrorist organization responsible for the injuries and deaths of certain plaintiffs and decedents they represented. The Licci opinion did not decide …
Where Schools Close In Chicago, Randall K. Johnson
Where Schools Close In Chicago, Randall K. Johnson
Faculty Works
It is often assumed that schools close, disproportionately, in disadvantaged parts of Chicago. The assumption, however, has yet to be substantiated by research. As a result, this article tests the assumption in order to explain where schools close in Chicago. It does so by introducing a new Chicago Public School (CPS) closings dataset. The dataset sheds some light on the phenomenon by identifying 130 schools that closed, twenty-seven ZIP codes that experienced CPS closings and three demographic characteristics of these ZIP codes. In the process, this dataset helps to explain how CPS closings relate to race, income and location.
Oil, Gas, And Mineral Law, Richard F. Brown
Oil, Gas, And Mineral Law, Richard F. Brown
SMU Annual Texas Survey
No abstract provided.
Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain
Determining The Preemptive Effect Of Federal Law On State Statutes Of Repose, Adam Bain
University of Baltimore Law Review
No abstract provided.
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley
Articles
No abstract provided.
Municipal Law—Municipal Police Power & Its Adverse Effects On Small Businesses In Arkansas: A Proposal For Reform, Justin Craig
Municipal Law—Municipal Police Power & Its Adverse Effects On Small Businesses In Arkansas: A Proposal For Reform, Justin Craig
University of Arkansas at Little Rock Law Review
No abstract provided.
Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin
Tax Ferrets, Tax Consultants, Bounty Hunters, And Hired Guns: The Property Tax Netherworld Fueled By Contingency Fees And Champertous Agreements, J. Lyn Entrikin
Law Faculty Scholarship
Contingency fee agreements between local tax assessors and contract auditors on the one hand, and property owners and private tax consultants on the other, create perverse financial incentives that undermine the integrity of state and local tax administration. When local governments engage outside auditors to identify undervalued or escaped taxable property, the practice raises serious due process and ethical concerns. As a matter of policy, diverting a share of property tax revenue to private third parties in consideration for outsourced tax assessment services undermines public accountability and reduces net property tax revenue for local government services. And when states allow …
Recent Development: Hamilton V. Kirson: The Court Of Appeals Of Maryland Held That Circumstantial Evidence Offered To Satisfy The Causation Element Of A Prima Facie Claim Of Negligence In Lead Paint Cases Must Demonstrate A Reasonable Probability, Not Mere Possibility, That The Subject Property Was The Cause Of The Lead Exposure, Matthew Stegman
University of Baltimore Law Forum
The Court of Appeals of Maryland held, in two consolidated cases, that circumstantial evidence presented to prove injuries from lead paint exposure was insufficient to survive a motion for summary judgment on the issue of causation.
Two Direct Rights Of Action In Child Support Enforcement, Margaret Ryznar
Two Direct Rights Of Action In Child Support Enforcement, Margaret Ryznar
Catholic University Law Review
No abstract provided.
Alternative Dispute Resolution, Will Pryor
Alternative Dispute Resolution, Will Pryor
SMU Annual Texas Survey
No abstract provided.
Securities Regulation, George L. Flint Jr.
Securities Regulation, George L. Flint Jr.
SMU Annual Texas Survey
No abstract provided.
Wills & Trusts, Gerry W. Beyer