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Articles 12541 - 12570 of 16702

Full-Text Articles in State and Local Government Law

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1987, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1987

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1987, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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The 1987 Legislative Session, Jon L. Mills Jan 1987

The 1987 Legislative Session, Jon L. Mills

UF Law Faculty Publications

The 1987 Legislative session is one that will be remembered for many years; it signifies the year Florida grew up. As Sophocles said, "One must wait until the evening to see how splendid the day has been"; this landmark session will not easily be assessed for some time. For the past several years, Florida has been working to create a vision for its future and this year took its first steps toward that future. We have only just begun and, like the beginning of any long journey, we began by taking a first step. Our commitment today must be followed …

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The Close Corporation Under Ohio Law, Forrest B. Weinberg Jan 1987

The Close Corporation Under Ohio Law, Forrest B. Weinberg

Cleveland State Law Review

Section 1701.591 of the Ohio Revised Code is Ohio's close corporation law. It provides, through the use of a "close corporation agreement," the mechanism, first, for implementing unprecedented informality in the functioning of a close corporation and, second, for establishing a legal relationship among the shareholders that is essentially the same as that provided by law for members of a partnership. The new law will have the major impact it deserves only as the result of initiative taken by Ohio attorneys engaged in the formation and ongoing representation of close corporations. It is hoped that this article will help motivate …

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The New Intoxication Defense For Ohio Employers, Terry A. Donner Jan 1987

The New Intoxication Defense For Ohio Employers, Terry A. Donner

Cleveland State Law Review

Ohio workers' compensation system has been in a state of emergency for the last two years as labor and business groups battled over a series of employee-oriented Ohio Supreme Court decisions. Labor groups hailed these decisions as the vehicle which would propel Ohio's workers' compensation law into the twentieth century. Conversely, business groups condemned the decisions asserting that they exposed Ohio employers to infinite liability and destroyed Ohio's industrial climate. S.B. 307 has changed the face of Ohio's workers' compensation law by revamping the definition of injury, establishing an intentional tort fund, and creating a new intoxication defense for Ohio …

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"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon Jan 1987

"No Pass, No Play": Equal Protection Analysis Under The Federal And State Constitutions, David J. Shannon

Indiana Law Journal

No abstract provided.

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Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey Jan 1987

Representation Of Children In Child Abuse And Neglect Cases: An Empirical Look At What Constitutes Effective Representation, Donald N. Duquette, Sarah H. Ramsey

University of Michigan Journal of Law Reform

This Article describes the purposes and design of our empirical study and analyzes the study's findings. Part I presents a case study of the representation of a child by a volunteer in a way that exhibits the role definition and training of the demonstration groups. Parts II and III discuss who should represent children and how those child advocates should be trained. Part IV discusses the design of the study. Part V presents an analysis of the study's findings. Finally, Part VI considers the policy implications of the study and concludes that the demonstration groups improved the quality of representation …

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State Management Systems: The Case For Internal Controls, Joseph A. Mchugh Jan 1987

State Management Systems: The Case For Internal Controls, Joseph A. Mchugh

New England Journal of Public Policy

This article contends that recent managerial improvements in the federal government can and should be replicated by the states. Although effective internal controls in federal agencies and programs had been mandated in 1950, little progress was made until the late seventies and early eighties, when Congress enacted several laws to strengthen federal financial management and the executive branch initiated a modernization program. This happy confluence of events brought significant improvements to federal management as a whole. Now it's time for similar progress in state operations. State and even local administrators should adopt the best features of the federal model in …

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Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan Jan 1987

Siamese Essays: (I) Cts Corp. V. Dynamics Corp. Of America And Dormant Commerce Clause Doctrine; (Ii) Extraterritorial State Legislation, Donald H. Regan

Articles

What follows is two essays, related as Siamese twins. Both essays developed from a single conception. They are distinct, but they remain connected by a shared subtopic. The first essay is about CTS Corp. v. Dynamics Corp. of America1 as a contribution to dormant commerce clause doctrine. The second essay is about the constitutional principle that states may not legislate extraterritorially, which I shall refer to as the "extraterritoriality principle." The shared subtopic is the extraterritoriality problem in CTS. (There is an extraterritoriality problem in CTS, even though the Court does not discuss it in those terms.) I could have …

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The Profound Impact Of Milliken V. Bradley, Robert A. Sedler Jan 1987

The Profound Impact Of Milliken V. Bradley, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

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The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine Jan 1987

The Twilight Of Employment At Will? An Update, Theodore J. St. Antoine

Articles

A 55-year-old white male, who has spent thirty years working his way up to a responsible middle-management position in his company, is asked for his resignation. No reason given. Even though the employee could demonstrate that he still is qualified to perform his duties, the employer's action in dismissing him would be quite unexceptionable under the conventional American common law doctrine of employment at will. The situation could be even more disturbing. If the employment-at-will principle were allowed its full scope, an employee would have no recourse even if he knew he was being discharged because he had refused to …

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First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry Jan 1987

First Party Bad Faith In Kentucky: What Remains After Federal Kemper Insurance Co. V. Hornback?, Garry A. Perry

Kentucky Law Journal

No abstract provided.

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Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech Jan 1987

Shouting Incitement In The Courtroom: An Evolving Theory Of Civil Liability Comment., Michael P. Kopech

St. Mary's Law Journal

Civil incitement is an evolving theory, intended to ascribe liability to a publisher. Civil incitement charges that the contents of a publication proximately caused the plaintiff’s physical injury, thus holding publishers civilly liable for the physical consequences of their communications. However, the validity of civil incitement as an actionable tort clashes with the principles of freedom of speech and press embodied within the First Amendment. Incitement, as a successful cause of action, demands following the standards set out in Brandenburg v. Ohio. Prior attempts to hold publishers civilly liable for the physical consequences of their communications have rarely survived motions …

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Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley Jan 1987

Criminal Procedure - Preventative Detention - Provision Of 1984 Bail Reform Act Permitting Pretrial Detention Of Arrestees Charged With Serious Felonies Who Are Found To Pose A Danger To The Community, Does Not, On Its Face, Violate Either The Fifth Amendment's Due Process Clause Or The Eighth Amendment's Prohibition Of Excessive Bail Recent Development., Gillian Anne Foley

St. Mary's Law Journal

Abstract Forthcoming.

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Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling Jan 1987

Castleberry V. Branscum: A Divided Texas Supreme Court Increases Shareholder Liability For Corporate Contractual Obligations., Michael J. Shearn, Peter M. Koelling

St. Mary's Law Journal

Abstract Forthcoming.

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Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson Jan 1987

Responding To Misrepresentations, Nondisclosures And Incorrect Assumptions About The Age Of The Accused: The Jurisdictional Boundary Between Juvenile And Criminal Courts In Texas., Robert O. Dawson

St. Mary's Law Journal

Abstract Forthcoming.

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Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr. Jan 1987

Rendering Unto Caeser: Legal Responses To Religious Nonconformity In The Armed Forces., Michael F. Noone Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts Jan 1987

A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts

St. Mary's Law Journal

The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …

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Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam Jan 1987

Fourth Amendment Does Not Prevent Police Officers From Donducting Inventory Search Of Closed Containers, Pursuant To Standard Police Procedures, Regardless Of Whether Less Intrusive Means Exist To Achieve Inventory's Purpose., Kathryn Jo Gilliam

St. Mary's Law Journal

Abstract Forthcoming.

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In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie Jan 1987

In Suit By Contract Creditor, Corporate Entity May Be Disregarded Upon Showing Of Constructive Fraud When Entity Used As Sham To Perpetrate Fraud., Paul S. Leslie

St. Mary's Law Journal

Abstract Forthcoming.

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The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter Jan 1987

The Parent-Child Privilege: A Response To Calls For Adoption., David A. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling Jan 1987

White Oil And Greenback Dollars: An Overview Of Controversies Surrounding Production Of Gas From The Panhandle Field Of Texas., Barron W. Dowling

St. Mary's Law Journal

Abstract Forthcoming.

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The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory Jan 1987

The Hague Evidence Convention: A Look At Its Provisions And Its Problems Comment., Georganne G. Gregory

St. Mary's Law Journal

Abstract Forthcoming.

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Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton Jan 1987

Civil Rights - Rehabilitation Act Of 1973 - Individual Affected With Contagious Disease Held Handicapped And Entitled To Protection Of Section 504 Recent Development., Michael E. Hilton

St. Mary's Law Journal

Abstract Forthcoming.

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Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski Jan 1987

Service Member Recovery For Military Medical Malpractice Under The Federal Tort Claims Act: A Judicial Response Comment., Keith B. Sieczkowski

St. Mary's Law Journal

Abstract Forthcoming.

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Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers Jan 1987

Ad Valorem Taxation Litigation And Recent Changes To The Property Tax Code., Robert J. Myers

St. Mary's Law Journal

Abstract Forthcoming.

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New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr. Jan 1987

New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.

St. Mary's Law Journal

Abstract Forthcoming.

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Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland Jan 1987

Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland

St. Mary's Law Journal

Abstract Forthcoming.

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Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati Jan 1987

Criminal Law - Right Of Confrontation - Admission Of Pre-Trial Videotaped Testimony Of Sexually Abused Child Pursuant To Article 38.071, Section 2, Texas Code Of Criminal Procedure Violates Right Of Confrontation And Due Process Case Note., Curtis L. Cukjati

St. Mary's Law Journal

Abstract Forthcoming.

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Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt Jan 1987

Real Property - Homestead - Covenant To Pay Assessments Enforced By Foreclosure Provision Is Superior To After-Acquired Homestead Exemption Case Note., Randy B. Warmbrodt

St. Mary's Law Journal

Abstract Forthcoming.

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An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer Jan 1987

An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer

St. Mary's Law Journal

Abstract Forthcoming.

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