State and Local Government Law Commons^™

The New Illinois Sex Crimes Act: The Constitutional Ramifications Of Redefining Rape, 19 J. Marshall L. Rev. 215 (1985), Mary K. Cronin

UIC Law Review

No abstract provided.

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Tama Kirby Knapp

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Remedies, Judith K. Jones

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Jayne Moore Waldrop

Kentucky Law Journal

No abstract provided.

Review Of Regulating Paradise: Land Use Controls In Hawaii, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.

Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock

Seattle University Law Review

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.

A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz

Seattle University Law Review

The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …

Private Property And Environmental Regulatory Takings: A Forward Look Into Rights And Remedies, As Illustrated By An Excursion Into The Wild Rivers Act Of Kentucky, Monique Duparc Winther

Kentucky Law Journal

No abstract provided.

Divisibility Of Advanced Degrees In Equitable Distribution States, 19 J. Marshall L. Rev. 1 (1985), Buddy O.H. Herring

UIC Law Review

No abstract provided.

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.

The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché

Seattle University Law Review

This Article traces the independent development in the case law interpreting the Washington Constitution and in the drafting of the document itself. It is the position of the authors that the strict approach and consequent rigorous, independent analysis by the Washington court is not a necessary or appropriate method of deciding church-state issues, at least in many contexts. When examining establishment clause issues under the state constitution, the Washington State Supreme Court should therefore modify its previous position and adopt a more common-sense approach in lieu of the doctrinaire rigidity that has characterized prior opinions.

Public Officials, Charles O. Lorenson

West Virginia Law Review

No abstract provided.

Illinois Law In Distress: The Zone Of Danger And Physical Injury Rules In Emotional Distress Litigation, 19 J. Marshall L. Rev. 17 (1985), Edward A. Mccarthy

UIC Law Review

No abstract provided.

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

About the only thing a teacher of tort law can be sure of is that each year he or she will witness new efforts, some successful and most not, to extend the reach and effect of the law of private wrongs. Last year's Survey article analyzed a wide range of tort issues and while New York courts handed down fewer tort opinions of broad implication this Survey year, there is much to study and to apply in future litigation. As always, tort law is a somewhat quixotic but nonetheless valid barometer of shifting societal and judicial values about the nature …

The State Constitutions And The Supplemental Protection Of Individual Rights, Robert Allen Sedler

Law Faculty Research Publications

The level of protection of individual rights afforded by state constitutions has been the subject of much academic and judicial debate. In this article, Professor Sedler compares the state constitution to the federal Constitution and suggests that the function of the state constitution is to supplement federal protection. He concludes that state constitutions have the potential to fill the gap in the protection of individual rights.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Seattle University Law Review

In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.

Private Banks And Public Money: An Analysis Of The Design And Implementation Of The Massachusetts Linked Deposit Program, James T. Campen

McCormack Graduate School General Publications (active until 2013)

In March 1978, in accordance with the unanimous recommendations of two special commissions, the Treasurer of Massachusetts established a "linked deposit program." Under the terms of this program, a portion of the approximately $400 million available for short-term investment from the state's General Fund was to be deposited with in-state banks and thrift institutions, selected on the basis of their performance in promoting the economic and social welfare of Massachusetts citizens and communities through their lending and related activities.

Six years after its inception, the Massachusetts linked deposit program (LDP) has grown to become a sizable and stable part of …

The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh

Fordham Urban Law Journal

In response to the realities of apartheid South Africa, many state legislatures promulgated divestment legislation, which mandates the withdrawal of public funds and/or public pension funds from corporations and financial institutions that do business in or with South Africa. This Note discusses state and local governmental such legislation. It then analyzes the constitutional difficulties posed by legislation in the areas of foreign affairs and interstate and foreign commerce. This Note concludes by considering alternatives to the state and local legislation and urges the adoption of federal measures to restrict United States investment in South Africa.

Design For Challenge: The Kentucky Statute Of Repose For Improvements To Real Property, Jayne Moore

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Civil Procedure, John R. Leathers, Matthew L. Mooney

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Law, Linda K. West

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Scott A. Bachert

Kentucky Law Journal

No abstract provided.

Yellow Pages Legal Ads In Texas: The Complexities Of Dr 2-101(B) & (And) (C)., Vincent Robert Johnson

St. Mary's Law Journal

This Article explains how attorneys can avoid private reprimands for advertisements in the Yellow Pages pursuant to subsection (B) and (C) of the Texas Code of Professional Responsibility Disciplinary Rule 2-101, given there is no scholarship or precedent. Subsection (B) requires an advertisement to include the name of a lawyer who is licensed to practice law in Texas, who will be responsible for performing the legal service, and the areas of law in which they practice. Subsection (C) requires detailed statements be included concerning whether the individuals named in compliance with subsection (B) are certified with the Texas Board of …

Reexamining Roe: Nineteenth-Century Abortion Statutes And The Fourteenth Amendment., James S. Witherspoon

St. Mary's Law Journal

Abstract Forthcoming.

Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver

Washington and Lee Law Review

No abstract provided.

Reasons For Case Reversal In Texas: A Preface., Jack Pope

St. Mary's Law Journal

Abstract Forthcoming.

Ethical, Statutory, And Regulatory Conflicts Of Interest In Real Estate Transactions., Jeb C. Sanford

St. Mary's Law Journal

Abstract Forthcoming.