State and Local Government Law Commons^™

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).

Newsletter - 1981-06-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …

Newsletter - 1981-05-21, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1981-05-07, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1981-04-30, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake

University of Michigan Journal of Law Reform

In recent years, Blue Cross/Blue Shield has been the subject of considerable controversy. Its critics charge the non-profit, tax-exempt corporation with being unduly secretive, arrogantly unresponsive to consumer interest and not vigorous in its cost containment efforts. These criticisms, along with a variety of other factors, led to the legislative reform I am here to talk to you about this evening.

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

Fighting Municipal Economic Woes With Planning And Land Use Tools: Land Banking To Promote Urban Shrinkage; A Proposal, Susan Hedges Patton

Buffalo Law Review

No abstract provided.

Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley

University of Michigan Journal of Law Reform

At a 1979 workers' compensation seminar for the Michigan Legislature, University of Michigan law professor Marcus Plant closed by noting that "[m]y intent was to sketch in broad strokes the background of our workers' disability compensation law. It is my firm belief that wise decisions as to where we should go cannot be made unless we know how we got where we are. " I share Professor Plant's belief. I feel strongly that wise public policy decisions about where we should go next in the reform process depend substantially on a good understanding of how we got where we are …

The Massachusetts Fiscal System: Structure And Performance, Padraig O'Malley, Raymond G. Torto

Center for Studies in Policy and the Public Interest Publications

On November 4, 1980 the citizens of Massachusetts, by a vote of 59% to 41%, resoundingly endorsed a tax reduction plan known as Proposition 2 1/2. All communities in the Commonwealth were faced with an immediate reduction in their local revenues due to the immediate cut in the excise tax that Proposition 2 1/2 called for, and up to 130 communities will have to implement a 15% reduction in their tax levies for FY 1982.

Already there are protestations from many local officials that they cannot make the required tax cuts without severely reducing the level of local services. The …

California Expansion Of First Amendment Does Not Infringe On Federally Protected Rights, Mark Emanuel

Mercer Law Review

In Prune Yard Shopping Center v. Robins, the United States Supreme Court held that the California Constitution, which protects speech and petitioning in private shopping centers, does not violate the shopping center owner's rights under the federal constitution. The shopping center owner argued unsuccessfully that the state constitution violated federally protected property rights under the fifth and fourteenth amendments and free speech rights under the first and fourteenth amendments.

City Zoning: The Once And Future Frontier, Michigan Law Review

Michigan Law Review

A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock

Estoppel And The Public Purse: A New Check On Government Taxing And Spending Powers In Florida, David K. Miller

Florida State University Law Review

No abstract provided.

The Municipal Zoning Power And Section 1983 Liability After Owen V. City Of Independence, Margaret M. Fahrenbach

Loyola University Chicago Law Journal

No abstract provided.

Commercial Transactions (1980 Annual Survey Of Michigan Law), John F. Dolan

Law Faculty Research Publications

As they do each year, Michigan courts decided a number of commercial law cases during the survey period. Several of the cases are significant opinions which either raise questions or carry significant implications for Michigan's commercial lawyers. This survey selects those significant cases, attempts to answer the questions raised, and probes the implications of the decisions.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog

Articles by Maurer Faculty

No abstract provided.

Condominium Law: A Comparison Of The Uniform Act With The Illinois Act, 14 J. Marshall L. Rev. 387 (1981), Stephen B. Cohen, Allen Goldberg, Conrad M. Mulvaney

UIC Law Review

No abstract provided.

The Constitutionality Of Special Interrogatories Under The Illinois Civil Practice Act, 14 J. Marshall L. Rev.761 (1981), Joseph F. Vosicky Jr.

UIC Law Review

No abstract provided.

Kentucky Law Survey: Municipal Law, J. David Morris

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Utility Law, Laura L. Murrell, William R. Dexter

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Civil Procedure, John R. Leathers, Roxane M. Tomasi, Jeffrey B. Hunt

Kentucky Law Journal

No abstract provided.

Conversion Condominium Development: An Issue Of Tenants' Rights, Amy R. Goldstein

Cleveland State Law Review

It is against the backdrop of burgeoning condominium conversion activity, rental housing shortages and diverse legislative controls that this Note will examine the issue of tenant protection as it has developed in Ohio. The consideration given to conversion condominium development in the 1978 amendments to the Ohio Condominium Property Act creates minimal, if any, protection for either tenants or the rental housing market. This Note will critically examine the pertinent provision of the Ohio Act, outline the municipal tenant protection laws which have subsequently been enacted in metropolitan Cleveland communities and consider the issue of whether these local conversion regulations …

The Juvenile Offender Act: Effectiveness And Impact On The New York Juvenile Justice System, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The Juvenile Offender Act of 1978 incorporates the most radical and perhaps the most controversial amendments to New York's juvenile delinquency statutes in several decades. For the first time since 1909, children accused of committing serious offenses are subject to prosecution in the criminal courts. The gradual decriminalization of delinquency, which began a century and a half ago, has been reversed. This report analyzes and evaluates the Act and its implementation. The first two sections summarize the historical development of juvenile delinquency legislation and compare present New York provisions to those in other states. Sections III and IV will evaluate …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Act of State Doctrine does not Preclude Inquiry by United States Court into Alleged Repudiation by a Foreign Government of its Obligation Arising from a Purely Commercial Transaction

Admiralty Jurisdiction Extends inland to Automobile Accident Caused by the Negligence of Ship's Crew

Outer Continental Shelf Lands Act Incorporates the Long-Shoremen's and Harbor Worker's Compensation Act, and includes Provisions Depriving Claims by Outer Continental Shelf Employees Injured on the Job against Vessel Ownerbased upon Breach of Warranty of Seaworthiness

University's Restrictive Definition of Domicile, which Precludes Nonimmigrant Aliens from Attaining "In-State" Status for Tuition Purposes, Does not Violate Due Process

Order …

Recent Developments In The Struggle For Probate Reform, Richard V. Wellman

Michigan Law Review

The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …