State and Local Government Law | Open Access Articles

Bureau Of Collection And Investigative Services, D. Kaplan

California Regulatory Law Reporter

No abstract provided.

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Board Of Optometry, J. Skay

California Regulatory Law Reporter

No abstract provided.

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Board Of Landscape Architects, S. Wainer

California Regulatory Law Reporter

No abstract provided.

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Department Of Real Estate, M. Milstein

California Regulatory Law Reporter

No abstract provided.

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Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.

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Board Of Forestry, B. J. Pantone

California Regulatory Law Reporter

No abstract provided.

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A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.

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Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde

UIC Law Review

No abstract provided.

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In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

No abstract provided.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman

Articles, Book Chapters, & Popular Press

Municipal institutions are the forgotten partners in the Canadian confederation. This is true in both political and legal terms. In political terms the agencies of local government are often under-valued. With respect to the law, the municipal level of government has too often been ignored. Both municipal councils and their related boards and tribunals have an important impact on the lives of citizens at the grass roots level. In carrying out their duties, municipal authorities exercise a wide range of discretionary powers and it is becoming increasingly important that they recognize the legal limits on their powers. The first and …

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The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner

Articles

Uniform perpetuity reform is on the march, and Oregon has joined the parade. On January 1, 1990, the Uniform Statutory Rule Against Perpetuities (Uniform Act) became effective in Oregon. Although promulgated only three years ago, the Uniform Act has been enacted in over twenty percent of the states and appears to be on its way toward enactment in several others. Prior to the adoption of the Uniform Act, Oregon followed the common-law Rule Against Perpetuities (common-law Rule). Noted for its unjust consequences, the common-law Rule disregards actual events and invalidates a contingent (nonvested) future interest merely on the grounds of …

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Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel

St. Mary's Law Journal

No abstract provided.

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Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This Article surveys the most significant torts cases decided in the courts of New York State during the Survey year. Only cases which challenged existing law, modified longstanding doctrine, or announced new decisional law have been included. While 1989 was not a year of signal change for the law of torts, a number of cases deserve examination and analysis.

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Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi

Cleveland State Law Review

Recent count indicates that 10,000 Americans now remain, for whatever reason, in an incurable and persistent vegetative condition, trapped in a state of life made possible by aggressive life support systems. A dilemma exists: How do these non-cognitive individuals fit into the legal definitions of life and death? What rights do they, their guardians, or others have in decisions concerning artificial life support, including nutrition and hydration? To resolve the dilemma, a policy based on sound reasoning needs to be established in Ohio to determine if and when the termination of life support, including nutrition and hydration, can occur. Recently, …

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Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

No abstract provided.

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You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

No abstract provided.

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Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

No abstract provided.

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Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

No abstract provided.

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42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

In Patterson v. McLean Credit Union, the United States Supreme Court held 42 U.S.C. § 1981 does not provide a remedy for racial harassment during employment. In 1976, in Runyon v. McCrary, the Court expanded the scope of § 1981 to cover private discrimination in contractual settings, including racial discrimination in private schools, when previously unavailable. More than a decade after the Runyon decision, the Supreme Court in Patterson, established that there were limits to § 1981’s applicability in private racial discrimination claims. Specifically, the Court held while § 1981 prohibits discriminatory conduct while entering into or enforcing a contract, …

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Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Abstract Forthcoming.

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Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …

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Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada

St. Mary's Law Journal

Abstract Forthcoming.

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Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

As a result of the enactment of the Texas Disciplinary Rules of Professional Conduct (“Rules”), Texas lawyer no longer practice under guidelines which include aspirational goals and discretionary moral choices. The Rules are mandatory in nature and depict a minimum standard of professional conduct which, if violated, could subject the offending lawyer to disciplinary action. Although the Rules provide a disclaimer stating that they “do not undertake to define standards of civil liability of lawyers for professional conduct,” Texas lawyers fear the Rules will be utilized as an independent basis for liability, or a standard of care for malpractice. The …

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Dedication., Ernest A. Raba

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Orville C. Walker

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

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Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Abstract Forthcoming.

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Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint

St. Mary's Law Journal

Extensions of credit generally help both the debtor and creditor. However, a result of our credit-based economy is that individuals are free to make poor economic decisions, and that they should suffer the consequences of these poor decisions. Although legal rules have had a role in ensuring that debtors are protected from overzealous creditors, commercial transactions can only exist if obligations of debtors are legally enforceable. The role of government, therefore, is to set parameters for procedures to enforce these obligations, while also setting a floor of protected or exempt assets so that debtors will not become wards of the …

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The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal

A state should not require attorneys who advertise to disclose all prior disciplinary actions in their advertisements. Attorney advertising, like other forms of commercial speech, is not immune to state regulation. The American public deserves access to accurate information about legal services, and lawyers have a duty to provide such information. However, attorneys and all other citizens have a constitutional right not to speak. A state must balance the competing interests carefully when the public’s right to know clashes with an individual’s right not to speak. There are several arguments against requiring attorneys to disclose all prior disciplinary actions in …

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Full-Text Articles in State and Local Government Law

Bureau Of Collection And Investigative Services, D. Kaplan

California Regulatory Law Reporter

Board Of Optometry, J. Skay

California Regulatory Law Reporter

Board Of Landscape Architects, S. Wainer

California Regulatory Law Reporter

Department Of Real Estate, M. Milstein

California Regulatory Law Reporter

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

Board Of Forestry, B. J. Pantone

California Regulatory Law Reporter

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

Naked Before The Law: The Illinois Strip Search Statute, 23 J. Marshall L. Rev. 425 (1990), Vito Loverde

UIC Law Review

In Re E.G., A Minor: Death Over Life: A Judicial Trend Continues As The Illinois Supreme Court Grants Minors The Right To Refuse Life-Saving Medical Treatment, 23 J. Marshall L. Rev. 771 (1990), William D. Brewster

UIC Law Review

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1990, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

Municipal Issues And The Charter Of Rights: The Impact At The Grass Roots, A. Wayne Mackay, Kathryn Heckaman

Articles, Book Chapters, & Popular Press

The Uniform Statutory Rule Against Perpetuities: Oregon Joins Up, Lawrence W. Waggoner

Articles

Pitfalls Of Public Policy: The Case Of Arbitration Agreements., Jeffrey W. Stempel

St. Mary's Law Journal

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

Nutrition And Hydration Under Ohio's Dpah: Judicial Misconstruction Threatens The Right To Choose Death With Dignity, June Mary Zekan Makdisi

Cleveland State Law Review

Protecting The Fetus From Maternal Drug And Alcohol Abuse: A Proposal For Texas., Tom Rickhoff, Curtis L. Cukjati

St. Mary's Law Journal

You Should See Your Irs File: Access To Irs Information - What Are A Taxpayer's Rights., Richard J. Wood

St. Mary's Law Journal

Estate Planning For The Non-Taxable Estate., Mcken V. Carrington

St. Mary's Law Journal

Government Regulations Authorizing M.Andatory Alcohol And Drug Testing Of Private Railroad Employees On Less Than Individualized Suspicion To Enhance Safety Are Constitutional, Keith Dorsett

St. Mary's Law Journal

42 U.S.C. 1981 Does Not Provide A Remedy For Racial Harassment During Employment., Jeffrey A. Lacy

St. Mary's Law Journal

Dtpa In The Courts: Two Empirical Studies And A Proposal For Change., Nancy Friedman Atlas, Scott J. Atlas, Raymond T. Nimmer

St. Mary's Law Journal

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Personal Injury Actions Under The Dtpa., Paul N. Gold, George (Tex) Quesada

St. Mary's Law Journal

Texas Disciplinary Rules Of Professional Conduct: Additional Liability For Texas Lawyers., Xavier G. Medina, Virginia Coyle

St. Mary's Law Journal

Dedication., Ernest A. Raba

St. Mary's Law Journal

Dedication., Orville C. Walker

St. Mary's Law Journal

Dedication., Jack Pope

St. Mary's Law Journal

Dedication., Editorial Board St. Mary's School Of Law

St. Mary's Law Journal

Raborn V. Davis - Paycheck In Employee's Possession: A Limitation Of The Current Wage Exemption In Texas., Richard E. Flint

St. Mary's Law Journal

The Whole Truth Or Nothing But The Truth - Should Attorneys Who Advertise Be Required To Disclose Prior Disciplinary Actions Taken Against Them., Sara Murray

St. Mary's Law Journal