State and Local Government Law Commons^™

Utility Rates Pending Judicial Review: A Riddle Wrapped In A Mystery In Illinois, 17 J. Marshall L. Rev. 743 (1984), E. King Poor

UIC Law Review

No abstract provided.

Local Governmental Exposure To Antitrust Liability And Treble Damages Awards In The Wake Of City Of Lafayette And City Of Boulder, Thomas S. Malciauskas, Sandra Taliani Rasnak

Loyola University Chicago Law Journal

No abstract provided.

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.

Toward A Constitutional State Tender Offer Statute, Sam Wolff

University of Arkansas at Little Rock Law Review

No abstract provided.

New York City's Locally Based Enterprise Set-Aside: Legitimate Exercise Of Mayoral Power Or Unconstitutional Quota In Disguise? , Stephen L. Weinstein

Fordham Urban Law Journal

Within the realm of affirmative action, there is disagreement on the means selected to reach the ultimate goal. For example, some programs have involved preferential treatment for members of disadvantaged groups at the expense of those individuals who are not in the minority. Such programs have been challenged on equal protection grounds as "reverse discrimination." In New York City, mayors have implemented executive orders prescribing minority hiring goals and other preferential treatment. Order No. 71, for example, conditioned the awarding of city construction contracts upon submission by the bidder of an affirmative action program. Executive Order No. 53 attempted to …

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …

Legislative History In Washington, Arthur C. Wang

Seattle University Law Review

This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Boston In Transition: A Financial Analysis, Raymond L. Flynn, Financial Analysis Research Group, John W. Mccormack Institute Of Public Affairs, University Of Massachusetts Boston

McCormack Graduate School General Publications (active until 2013)

The new Mayor of Boston must earn the confidence of the taxpaying public in his financial leadership by employing credibility and candor in the management of city affairs.

To begin the process of re-enfranchising Bostonians who have come to mistrust financial decisions seemingly determined by political calculations, the new Mayor must make an accurate disclosure of the City's financial picture, rely on the commitment of the state to properly support its capital city and restore integrity and strong management controls to government operations. Recommendations for budget cuts, hiring freezes and adjustments in tax rates, when they are necessary, should only …

Selected Tax Considerations In Bank Holding Company Formations: Charting A Course Through The Section 304/351 Labyrinth, Stewart E. Conner, Kevin J. Hable

Kentucky Law Journal

No abstract provided.

On Unpublished Opinions, Edwin R. Render

Kentucky Law Journal

No abstract provided.

The Separation Of Governmental Powers Under The Constitution Of Kentucky: A Legal And Historical Analysis Of L.R.C. V. Brown, Sheryl G. Snyder, Robert M. Ireland

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Evidence, Newton B. Fowler Iii

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Paul C. Van Booven

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Katherine A. Adams

Kentucky Law Journal

No abstract provided.

The Supreme Court Of Canada And "The Bowater's Law", 1950, Peter Neary

Dalhousie Law Journal

Many accounts have been written of the events leading to Newfoundland's union with Canada in 1949. None, however, details the diplomatic and legal controversy which developed in the months before union over the future status of Bowater's Newfoundland Pulp and Paper Mills Ltd. Settled by the Supreme Court of Canada in 1950, this tangled issue, arising from legislation dating back to 1915, produced important judicial insights into the constitutional position Newfoundland had assumed on becoming a Canadian province.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1984, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Local Hire And The State-Market-Participant Doctrine: A Trojan Horse For The Commerce Power Of Congress, Charles H. Clarke

Cleveland State Law Review

"Local hire" laws require that when units of local government hire employees a preference be given to residents of the governmental unit. These laws affect employees directly hired by the city or state, as well as employees hired by private contractors to do construction work. Naturally, this employment preference for residents discriminates against those who do not reside within the city or state. Nonresidents, however, are afforded extensive protection against discrimination by states and their political subdivisions by two clauses of the Constitution: the commerce clause and the interstate privileges and immunities, or comity, clause. This Article will analyze the …

Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton

University of Richmond Law Review

There is a growing trend in Virginia, as well as in many other states, for injured citizens to hold local governments liable for personal injuries and loss of property resulting from the negligent inspection by building officials of privately owned buildings and structures. The recent abrogation of the doctrine of sovereign immunity in the majority of jurisdictions has served to encourage such litigation, but abrogation alone has proven to be no guarantee of recovery for negligent inspection. Rather, the majority of jurisdictions have continued to enjoy immunity by asserting that building inspectors perform a discretionary governmental function for which no …

Courtroom Closure During Suppression Hearings And More, Randolph N. Jonakait

Other Publications

No abstract provided.

Take Subway Scofflaws Out Of The Criminal Courts, Ross Sandler, Steve Reiss, David Schoenbrod

Other Publications

No abstract provided.

Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz

Seattle University Law Review

This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.

Workers' Compensation In Michigan: Costs, Benefits And Fairness: A Report To Governor James J. Blanchard's Cabinet Council On Jobs And Economic Development From Theodore J. St. Antoine, Special Counselor On Workers' Compensation, Theodore St. Antoine

Other Publications

On September 14, 1983, Governor James J. Blanchard issued the following statement and charge in appointing Theodore J. St. Antoine as Special Counselor on Workers' Compensation:

In the past two decades, workers' compensation has been the subject of much discussion and debate among all segments of the industrial community and the several branches of state government in Michigan. During this period, three separate commissions have engaged in extensive analysis of the Michigan Workers' Compensation Law. In 1980, and again in 1981, substantial amendments were added to the statute. Nonetheless, the controversy over this system continues.

Important and deserving interests are …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1984, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Displacement And Urban Reinvestment: A Mount Laurel Perspective, Peter W. Salsich

All Faculty Scholarship

This article discusses the continuing national debate concerning the responsibility that local governments should accept when residents are forced to leave their homes as a result of reinvestment activities encouraged by the cities and funded in part with public funds. The author explains the many different forms that reinvestment displacement may take and traces the legislative and judicial response to this issue. Despite what the author refers to as a considerable amount of buck passing, the article points out resources that are being made available to combat displacement. The article highlights the Supreme Court of New Jersey opinion in the …

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford

Articles by Maurer Faculty

With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …