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Articles 12961 - 12990 of 16693

Full-Text Articles in State and Local Government Law

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry Jan 1985

Surface Damages In Texas: A Proposal For Legislative Intervention., Steven John Berry

St. Mary's Law Journal

Abstract Forthcoming.

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A New Twist For Texas Lemon Owners., Ayala Alexopoulos Jan 1985

A New Twist For Texas Lemon Owners., Ayala Alexopoulos

St. Mary's Law Journal

Twenty-five percent of the consumers with car warranty problems are dissatisfied with the complaint-handling process in the automobile industry and the result of their grievances. In response to the frustrations of defective car owners, Texas, along with many other states, passed a “lemon law” providing more definitive relief for consumer. Lemon laws provide a clearly defined cause of action against the manufacturer and provide the consumer with a low-cost, readily available mechanism for resolving their disputes. Most states’ lemon laws require the consumer to resort to arbitration provisions before initiating a court action if a manufacturer sets up a dispute …

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Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott Jan 1985

Determining Mineral Ownership In Texas After Moser V. United States Steel Corp. - The Surface Destruction Nightmare Continues., David A. Scott

St. Mary's Law Journal

Total abandonment of the surface destruction test is essential for achieving mineral title certainty in Texas. Many instruments which grant or reserve mineral rights in Texas contain the words “other minerals.” When the instrument does not specifically list which substances the contracting parties include as minerals, a dispute often arises as to ownership of the unspecified substances. To resolve ownership disputes, Texas courts adopted the surface destruction test. This test focuses on the destructive effects removal of a particular substance would have on the surface of the land. Unfortunately, the surface destruction test yielded unpredictable results, causing uncertainty in mineral …

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Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting Jan 1985

Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting

Seattle University Law Review

This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.

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Reasons For Case Reversal In Texas: An Analysis., Susan L. Gellis Jan 1985

Reasons For Case Reversal In Texas: An Analysis., Susan L. Gellis

St. Mary's Law Journal

Abstract Forthcoming.

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Western Water Law In Transition, Charles F. Wilkinson Jan 1985

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.

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Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.

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Competing Demands For The Colorado River, David H. Getches Jan 1985

Competing Demands For The Colorado River, David H. Getches

Publications

No abstract provided.

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Waste To Energy: Environmental And Local Government Concerns, Kelly Outten Jan 1985

Waste To Energy: Environmental And Local Government Concerns, Kelly Outten

University of Richmond Law Review

"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …

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Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold Jan 1985

Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

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Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole Jan 1985

Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

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An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer Jan 1985

An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer

Seattle University Law Review

This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.

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Indian Allotment Water Rights, Richard B. Collins Jan 1985

Indian Allotment Water Rights, Richard B. Collins

Publications

Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.

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Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Publications

No abstract provided.

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Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.

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Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.

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Tender Offer Litigation And State Law, Mark J. Loewenstein Jan 1985

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …

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Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson Jan 1985

Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson

Publications

No abstract provided.

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The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter Jan 1985

The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter

Seattle University Law Review

This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …

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An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer Jan 1985

An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer

Articles

Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …

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Authentication And Identification Under Article Ix Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii Jan 1985

Authentication And Identification Under Article Ix Of The Texas Rules Of Evidence., Olin Guy Wellborn Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr Jan 1985

Eighth Amendment Challenges To The Length Of A Criminal Sentence: Following The Supreme Court “From Precedent To Precedent”, Thomas E. Baker, Fletcher N. Baldwin Jr

Faculty Publications

Defendant A was convicted twice previously of felonies and sentenced to prison for fraudulent use of a credit card ($80.00) and for passing a forged check ($28.36). Upon his third felony conviction for obtaining money by false pretenses ($120.75), he received a mandatory life sentence under a state recidivist statute.

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The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams Jan 1985

The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

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New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price Dec 1984

New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price

St. Mary's Law Journal

Abstract Forthcoming.

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The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini Dec 1984

The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini

St. Mary's Law Journal

Abstract Forthcoming.

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1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson Dec 1984

1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson

St. Mary's Law Journal

Abstract Forthcoming.

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Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez Dec 1984

Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez

St. Mary's Law Journal

Abstract Forthcoming.

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Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson Dec 1984

Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson

St. Mary's Law Journal

Abstract Forthcoming.

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Newsletter - 1984-11-15, E. De La Garza Nov 1984

Newsletter - 1984-11-15, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

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Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review Nov 1984

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …

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