State and Local Government Law Commons^™

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Insurance, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Professional Responsibility, Eugene R. Gaetke, Rebecca G. Casey

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Juvenile Code, Kathleen D. Patterson

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Rules, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Domestic Relations, Louise Everett Graham, Janet Jakubowicz

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Workers' Compensation, Norman E. Harned, Richard Miles Hopgood

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Torts, Jeffrey Mobley

Kentucky Law Journal

No abstract provided.

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …

Mens Rea And The Colorado Criminal Code, Marianne Wesson

Publications

No abstract provided.

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

Anywhere But Here: An Introduction To State Control Of Hazardous-Waste Facility Location, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Newsletter - 1980-12-25, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-18, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-11, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1980-12-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Had there been an American Olympics expedition during this survey period, the gold would in all probability have gone to those who litigate and legislate in Georgia local government law. Again this year, the magnitude of the activity was awesome. Only the more noteworthy developments can be treated; even those must be covered in highly summary fashion. The cases are loosely organized by topic, and the statutes are all general ones. Welcome, therefore, to a legal land of plenty.

County Contracts In Georgia: "Written And Entered", R. Perry Sentell Jr.

Mercer Law Review

The law surrounds the local government contracting process with a number of requirements. Some of those requirements go primarily to the substance of the contract, and some deal largely with matters of form. Of the latter, the two points most often projected are the tangibility of the agreement and its location in the official records.

Beginning in 1863 and continuing in 1980, Georgia statutory law has highlighted both tangibility and location for the contracts of counties. Via a single mandate, the historic statute commands that "[a]U contracts entered into by the ordinary with other persons in behalf of the county …

Hennessy V. Webb: Sovereign Immunity For The Less-Than-Sovereign - How Far Will It Go?, Susan Pyeatt

Mercer Law Review

In Hennessy v. Webb, the Georgia Supreme Court held that a public school principal was entitled to governmental immunity from tort liability for alleged negligence in allowing a hazardous condition to exist upon school premises. The court ruled that plaintiffis action was brought against the principal in his official capacity as an agent of the board of education for negligent exercise of his authorized discretion.

Informational Privacy Under The Open Records Act, Dennis P. Quarles

Mercer Law Review

An element essential to the vitality of a democracy is its citizens' ability to obtain information on the workings of their government. Georgia citizens are guaranteed access to all state, county, and municipal public records by the "Open Records Act."' In recent years, many individuals and groups, especially the news media, have resorted to this statute in order to gain access to government records. The records sought have been outside the categories of traditional courthouse records such as land titles and mortgages, and have consisted of documents such as ambulance records of a hospital authority, records of a public housing …

Recent Amendments To The Texas Child Abuse Statutes: An Analysis And Recommendation., Antoinette M. Pollock

St. Mary's Law Journal

Each year approximately one million children experience abuse by their parents and more than two thousand die as a result of injuries suffered. Drafters of child abuse legislation face the difficult task of accommodating the rights of parent and child, while ensuring the necessary exercise of state authority. In view of the delicate balancing of interests involved, child protection laws must be extensive and detailed in order to withstand constitutional challenge. The Sixty-sixth session of the Texas Legislature amended the child abuse section of the Texas Family Code. The Texas Family Code, as amended, is now capable of withstanding constitutional …

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

An Analysis Of The 1979 Texas Deceptive Trade Practices Act And Possible Ramifications Of Recent Amendments: Is The Act Still Consumer Oriented., Edmond R. Mccarthy Jr.

St. Mary's Law Journal

Abstract Forthcoming.

A Temporary Child Custody Order Issued Pursuant To Section 11.11 Of The Texas Family Code Constitutes A Non-Appealable Interlocutory Order., Anthony J. Blazi

St. Mary's Law Journal

Abstract Forthcoming.

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …

Health Maintenance Organizations: An Overview Of The History, Federal And Texas Legislation, And Current Problems., John D. Jackson

St. Mary's Law Journal

Abstract Forthcoming.

Exclusionary Zoning Of Community Facilities, Becky S. Jenkins

North Carolina Central Law Review

No abstract provided.

Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem

University of Michigan Journal of Law Reform

Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.