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Articles 13621 - 13650 of 16692

Full-Text Articles in State and Local Government Law

Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins Jan 1979

Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins

Cleveland State Law Review

Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …

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State Court Intervention In School Finance Reform, Annette B. Johnson Jan 1979

State Court Intervention In School Finance Reform, Annette B. Johnson

Cleveland State Law Review

This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.

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The Relationship Between Military And Civil Power In Ohio, John Kulewicz Jan 1979

The Relationship Between Military And Civil Power In Ohio, John Kulewicz

Cleveland State Law Review

State law has struck an unconstitutional balance between military and civil power in Ohio. The Strict Subordination clause of the Ohio Constitution provides, "the military shall be in strict subordination to the civil power."' Nevertheless, the statutes that govern deployment of the state militia allow commanders of the state's military forces to eclipse civil power. This article examines the law enforcement role of the state militia and recommends several measures by which the General Assembly can implement the constitutionally prescribed relationship between military and civil power in Ohio.

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City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations? Jan 1979

City Of Lafayette, Louisiana V. Louisiana Power & Light Co.: Will Municipal Antitrust Liability Doom Effective State-Local Government Relations?

Washington and Lee Law Review

No abstract provided.

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University Of Richmond Law Review Table Of Contents Jan 1979

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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Interpleader In Virginia, Stephen E. Baril Jan 1979

Interpleader In Virginia, Stephen E. Baril

University of Richmond Law Review

Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.

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State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond Jan 1979

State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond

University of Richmond Law Review

FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …

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Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.

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Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker Jan 1979

Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker

University of Richmond Law Review

Although W. Hamilton Bryson modestly describes his Notes on Virginia Civil Procedure,the Michie Company, 1979, as "little more than an outline," he has in fact made a significant contribution to practical jurisprudence in his handbook on Virginia civil procedure. Mr. Bryson is a professor of law at the T. C. Williams School of Law of the University of Richmond and teaches Virginia Procedure there.

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Kentucky Law Survey: Corporations, Willburt D. Ham Jan 1979

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Civil Procedure, John H. Garvey, Bill Dorris Jan 1979

Kentucky Law Survey: Civil Procedure, John H. Garvey, Bill Dorris

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Commercial Law, Linda J. Peltier, Susan L. Coleman Jan 1979

Kentucky Law Survey: Commercial Law, Linda J. Peltier, Susan L. Coleman

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Criminal Procedure, Matthew J. Fritz Jan 1979

Kentucky Law Survey: Criminal Procedure, Matthew J. Fritz

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Remedies, Jillena Warner Jan 1979

Kentucky Law Survey: Remedies, Jillena Warner

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Torts, Gerald G. Ashdown, Paula S. Hoskins Jan 1979

Kentucky Law Survey: Torts, Gerald G. Ashdown, Paula S. Hoskins

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Kentucky Taxation, Frederick W. Whiteside Jr., John R. Harman Jan 1979

Kentucky Law Survey: Kentucky Taxation, Frederick W. Whiteside Jr., John R. Harman

Kentucky Law Journal

No abstract provided.

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Kentucky Law Survey: Professional Responsibility, Whitney Wallingford Jan 1979

Kentucky Law Survey: Professional Responsibility, Whitney Wallingford

Kentucky Law Journal

No abstract provided.

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An "Equivocal Estoppel": The Strange Career Of Promissory Estoppel In Kentucky Contract Law, Steven Connelly Jan 1979

An "Equivocal Estoppel": The Strange Career Of Promissory Estoppel In Kentucky Contract Law, Steven Connelly

Kentucky Law Journal

No abstract provided.

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Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead Jan 1979

Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead

Seattle University Law Review

In Holland v. Boeing Co., the Washington Supreme Court considered for the first time a handicap discrimination case under the unfair employment practices section of the Washington Law Against Discrimination. In construing the statute, the Holland court emphasized that the handicapped are inherently different from other classes antidiscrimination legislation traditionally protects. The court then imposed upon the defendant-employer a high duty of accommodating the disabilities of handicapped employees. Thus, the decision provides important recognition of disabled workers' civil rights.

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A Note On The Georgia Contracts Code, Julian B. Mcdonnell Jan 1979

A Note On The Georgia Contracts Code, Julian B. Mcdonnell

Scholarly Works

Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …

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Service Of Process In Virginia, William Hamilton Bryson Jan 1979

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1978-1979, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1979

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1978-1979, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Civil Rights Litigation After Monell, Eric Schnapper Jan 1979

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

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Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash Jan 1979

Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash

Vanderbilt Law Review

The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …

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Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb Dec 1978

Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb

St. Mary's Law Journal

Abstract Forthcoming.

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How To Effectively Participate In The Adjudicatory And Legislative Functions Of Texas Environmental Agencies., W. Thomas Buckle Dec 1978

How To Effectively Participate In The Adjudicatory And Legislative Functions Of Texas Environmental Agencies., W. Thomas Buckle

St. Mary's Law Journal

Abstract Forthcoming.

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The Surface Mining Control And Reclamation Act Of 1977., Lawrence B. Dale Dec 1978

The Surface Mining Control And Reclamation Act Of 1977., Lawrence B. Dale

St. Mary's Law Journal

Abstract Forthcoming.

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United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey Dec 1978

United States V. City Of Chicago: Impact Standard Applicable To State And Local Governments Under Title Vii, Lydia C. Taylor, Francis C. Bagbey

William & Mary Law Review

No abstract provided.

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State Court Injunctions And Their Enforcement In Environmental Litigation., Skip Newsom Dec 1978

State Court Injunctions And Their Enforcement In Environmental Litigation., Skip Newsom

St. Mary's Law Journal

Abstract Forthcoming.

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Living Probate: The Conservatorship Model, John H. Langbein Nov 1978

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

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