State and Local Government Law Commons^™

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

The Dual State - Federal Regulation Of Financial Institutions - A Policy Proposal, Tamar Frankel

Faculty Scholarship

In 1983 South Dakota passed an Act permitting its chartered banks to sell and underwrite insurance.¹ The issue that I address is whether states should have the power to pass such a law. I am not concerned here with interpretation of positive law but with public policy implications.

The issue is a matter of congressional policy. Like most financial intermediaries banks are regulated by both state and federal laws,² but it is clear that the federal government has the power to preempt state laws that regulate banks. Therefore, whether South Dakota can pass the statute is not a …

May A Federal Court Remand A Case To State Court After Federal Claims Have Been Deleted?, Joseph P. Bauer

Journal Articles

This Article provides a preview of Carnegie-Mellon University v. Honorable Maurice B. Cohill, Jr., argued before the Supreme Court of the United States on November 10, 1987. This case concerns the circumstances under which a lawsuit, properly commenced in a state court and then removed before trial to a federal court, may be sent back (remanded) to the state court.

On one level, this case seems only to involve technical interpretations of federal statutes governing procedure in the federal courts. At another level, however, it involves more general and important issues. Among these are how to allocate judicial power …

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 …

Design Defects In Equipment: When Are Government Contractors Liable For Injuries To Military Personnel?, Emily Calhoun

Publications

No abstract provided.

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Procedural Rights And Remedies Under The Texas Property Tax Code - A Guide To The Code, Recent Amendments, And Developing Case Law., Farley P. Katz, Charles J. Muller Iii

St. Mary's Law Journal

Abstract Forthcoming.

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.

Voting For Death: Lingering Doubts About The Constitutionality Of Texas' Capital Sentencing Procedure., Robert J. Clary

St. Mary's Law Journal

Abstract Forthcoming.

Civil Rights - Title Vii - Public Employer May Consider Gender To Promote Employee Without Violating Title Vii Of Civil Rights Act Of 1964 When Enforcing A Valid Affirmative Action Plan Case Note., Marianne Malouf

St. Mary's Law Journal

Abstract Forthcoming.

State-Local Relations And Constitutional Law, Richard Briffault

Faculty Scholarship

A persistent theme in the literature on state-local relations has been the plenary power of state governments and the legal powerlessness of local governments. The "black letter" rules of state-local relations are that the state governments enjoy complete hegemony over their political subdivisions, that local governments are mere "creatures" of the states, with only those powers that the states delegate to them, and there is no such thing as an "inherent right" of local self-government.

Colorado Water Law, George Vranesh

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b130018~S0

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.

Appeal No. 0194: Wood And Locker, Inc. V. Renee J. Houser, Chief Division Of Oil Ad Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 86-214

Newsletter - 1986-12-18, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Appeal No. 0211: Sandbar Investments, Inc. V. Chief, Division Of Oil And Gas,, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 86-299

Appeal No. 0179: Mrs. Edna May Mott V. Renee J. Houser, Chief Division Of Oil Ad Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 86-93

Appeal No. 0192: Superior Petroleum Services V. Renee J. Houser, Chief Division Of Oil & Gas, Ohio Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 86-215

Appeal No. 0170: Mr. Daryl Rasmussen V. Renee J. Houser, Chief Division Of Oil Ad Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 86-87

Appeal No. 0197: Ohio Pure Oil Corp. V. Renee J. Houser, Chief Division Of Oil & Gas Department Of Natural Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 86-211

Appeal No. 0188: Trident Marketing Group Corp. V. Renee J. Houser, Chief Division Of Oil & Gas, Ohio Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 86-204

Appeal No. 0190: Mr. Daryl Rasmussen V. Renee J. Houser, Chief Division Of Oil Ad Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 86-204

Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley

Vanderbilt Law Review

This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …

Appeal No. 0195: Hanley E. Hardin V. Renee J. Houser, Chief Division Of Oil & Gas Deartment Of Natural Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 86-226

Appeal No. 0180: An-Car Oil Company, Inc. V. Renee J. Houser, Chief Division Of Oil & Gas Deartment Of Natural Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 86-180

Appeal No. 0199: C.J. Warren Oil Company V. Renee J. Houser, Chief Division Of Oil & Gas Deartment Of Natural Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 86-180

A Response To The Problem Of Elder Abuse: Florida's Revised Adult Protective Services Act, Christine A. Metcalf

Florida State University Law Review

No abstract provided.

Apart From The Crowd: Florida's New Prison Release System, Mark Dykstra

Florida State University Law Review

No abstract provided.

International Paper Company V. Ouellette, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.