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Articles 13381 - 13410 of 16693
Full-Text Articles in State and Local Government Law
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
University of Richmond Law Review
On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Search And Seizure Of America: The Case For Keeping The Exclusionary Rule, Yale Kamisar
Articles
Twenty years ago, concurring in Mapp v. Ohio (1961), Justice William 0. Douglas looked back on Wolf v. Colorado (1949) (which had held that the Fourth Amendment's substantive protection against "unreasonable search and seizure" was binding on the states through the due process clause, but that the Fourth Amendment exclusionary rule was not) and recalled that the Wolf case had evoked "a storm of controversy which only today finds its end." But, of course, in the twenty years since Justice Douglas made that observation the storm of controversy has only intensified, and it has engulfed the exclusionary rule in federal …
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner
Articles
Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
On Recognizing Variations In State Criminal Procedure, Jerold H. Israel
Articles
Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …
Article V And The Proposed Federal Constitutional Convention Procedures Bills, Kenneth F. Ripple
Article V And The Proposed Federal Constitutional Convention Procedures Bills, Kenneth F. Ripple
Journal Articles
Article V of the United States Constitution sets forth the respective powers of the states and Congress in the amendment process. At first blush, the amendment process outlined in article V appears uncomplicated and straightforward. Congress can propose amendments and determine whether ratification will be accomplished by state legislatures or state conventions. Three-fourths of the state legislatures or state conventions must ratify a proposed amendment before it becomes part of the Constitution. The history of the amendment process confirms the apparent simplicity of that provision of article V which empowers Congress to propose amendments. To date, all twenty-six amendments have …
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
Service Of Process And Execution Of Judgement On Indian Reservations, Robert Laurence
American Indian Law Review
No abstract provided.
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
American Indian Law Review
No abstract provided.
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Seattle University Law Review
In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …
Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 1, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 2, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 2, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
Making Decisions About Transit, David Schoenbrod
Making Decisions About Transit, David Schoenbrod
Articles & Chapters
No abstract provided.
Newsletter - 1981-12-31, E. De La Garza
Newsletter - 1981-12-31, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-12-24, E. De La Garza
Newsletter - 1981-12-24, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-12-17, E. De La Garza
Newsletter - 1981-12-17, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-12-10, E. De La Garza
Newsletter - 1981-12-10, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-12-03, E. De La Garza
Newsletter - 1981-12-03, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner
Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner
Washington Law Review
Part I of this comment reviews the judicial analysis underlying the Washington doctrine, and outlines the elements and scope of the vesting rule. Part II analyzes the Mercer decision and questions whether that decision promotes the purposes of the Washington doctrine in the PUD zoning context. This comment contends that the Mercer court's rule for vesting rights to develop land on the basis of incomplete building permit applications fails to consider important public policy interests. In conclusion, Part III proposes a modified vesting rule that addresses the problems inherent in the Mercer decision.
Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern
Variable Rate Mortgages: Texas Savings &(And) Loan Associations Authorized To Offer Flexible Financing Alternatives., Scott R. Worthern
St. Mary's Law Journal
Abstract Forthcoming.
Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston
Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston
Boston Urban Observatory Publications
The City of Boston's 3-year Pair Housing Plan (1981-83) identifies the following six goals for achieving greater freedom of choice in housing for its minority residents: 1) To improve the delivery of services relative to the enhancement of freedom of choice to all minorities in Boston as they relate to fair housing; 2) To increase enforcement of fair housing laws; 3) To increase public safety and security to assure equal access throughout the City of Boston; 4) To Increase the participation of all minorities and low-and moderate-income people in all City of Boston housing programs; 5) To increase low-cost housing …
Newsletter - 1981-11-26, E. De La Garza
Newsletter - 1981-11-26, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-11-19, E. De La Garza
Newsletter - 1981-11-19, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-11-12, E. De La Garza
Newsletter - 1981-11-12, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-11-05, E. De La Garza
Newsletter - 1981-11-05, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-10-29, E. De La Garza
Newsletter - 1981-10-29, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1981-10-15, E. De La Garza
Newsletter - 1981-10-15, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning
Impeachment: The Dilemma Of The Defendant-Witness In North Carolina, Thomas C. Manning
North Carolina Central Law Review
No abstract provided.