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State and Local Government Law Commons™

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Articles 13711 - 13740 of 16692

Full-Text Articles in State and Local Government Law

Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton Jan 1978

Blackburn V. Dorta, 348 So. 2d 287 (Fla. 1977), Alix Thornton

Florida State University Law Review

Tort Law- ASSUMPTION OF RISK- ADOPTION OF COMPARATIVE NEGLIGENCE REQUIRES THAT THE DEFENSE OF IMPLIED ASSUMPTION OF RISK BE ELIMINATED AS AN ABSOLUTE BAR TO RECOVERY.


The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman Jan 1978

The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman

Florida State University Law Review

No abstract provided.


Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr. Jan 1978

Ingram V. Pettit, 340 So. 2d 922 (Fla. 1976), Charles Law Early, Jr.

Florida State University Law Review

Tort Law- NEGLIGENT INTOXICATED DRIVER LIABLE FOR PUNITIVE DAMAGES WITHOUT PROOF OF ABNORMAL OR RECKLESS DRIVING.


City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet Jan 1978

City Of Bartow V. Public Employees Relations Commission, 341 So. 2d 1000 (Fla. 1st Dist. Ct. App. 1976), Mary Eleanor Sweet

Florida State University Law Review

Labor Law- PUBLIC RECORDS ACT- DOCUMENTS ACCUMULATED DURING PRELIMINARY UNFAIR LABOR PRACTICE PROCEEDINGS NEED NOT BE DISCLOSED, UNDER PUBLIC RECORDS ACT, UNTIL SUCH TIME AS CHARGES ARE EITHER FORMALIZED OR DISMISSED.


Occidental Chemical Co. V. Mayo, 351 So. 2d 336 (Fla. 1977), Bob Rice Jan 1978

Occidental Chemical Co. V. Mayo, 351 So. 2d 336 (Fla. 1977), Bob Rice

Florida State University Law Review

Sunshine Law- COURT WILL NOT FIND VIOLATION OF LAW WHERE "AN APPEARANCE OF PREJUDGMENT" EXISTS BUT NO EVIDENCE OF SECRET MEETINGS APPEARS IN THE RECORD; MEMBERS OF A PUBLIC BODY MAY CONSULT THEIR STAFF IN PRIVATE FOR ADVICE ON PENDING ISSUES.


Preface, 11 J. Marshall J. Prac. & Proc. 253 (1978), Samuel W. Witwer Jan 1978

Preface, 11 J. Marshall J. Prac. & Proc. 253 (1978), Samuel W. Witwer

UIC Law Review

No abstract provided.


The Unconstitutionality Of The Qualified Truth Defense To Libel Actions, 11 J. Marshall J. Prac. & Proc. 259 (1978), Michael J. Polelle Jan 1978

The Unconstitutionality Of The Qualified Truth Defense To Libel Actions, 11 J. Marshall J. Prac. & Proc. 259 (1978), Michael J. Polelle

UIC Law Review

No abstract provided.


The Constitutional Initiative And The Structure And Procedures Of The General Assembly, 11 J. Marshall J. Prac. & Proc. 387 (1978), Gordon V. Levine Jan 1978

The Constitutional Initiative And The Structure And Procedures Of The General Assembly, 11 J. Marshall J. Prac. & Proc. 387 (1978), Gordon V. Levine

UIC Law Review

No abstract provided.


Effective Date Of Laws, 11 J. Marshall J. Prac. & Proc. 363 (1978), Gerald Gherardini Jan 1978

Effective Date Of Laws, 11 J. Marshall J. Prac. & Proc. 363 (1978), Gerald Gherardini

UIC Law Review

No abstract provided.


The Illinois State Board Of Elections: A History And Evaluation Of The Formative Years, 11 J. Marshall J. Prac. & Proc. 321 (1978), Charles R. Bernardini Jan 1978

The Illinois State Board Of Elections: A History And Evaluation Of The Formative Years, 11 J. Marshall J. Prac. & Proc. 321 (1978), Charles R. Bernardini

UIC Law Review

No abstract provided.


People Ex. Rel. Scott V. Briceland: Powers Of The Attorney General Revisited, 11 J. Marshall J. Prac. & Proc. 441 (1978), Thomas E. Grace Jan 1978

People Ex. Rel. Scott V. Briceland: Powers Of The Attorney General Revisited, 11 J. Marshall J. Prac. & Proc. 441 (1978), Thomas E. Grace

UIC Law Review

No abstract provided.


The Illinois Amendatory Veto, 11 J. Marshall J. Prac. & Proc. 415 (1978), John Nelson Walters Jan 1978

The Illinois Amendatory Veto, 11 J. Marshall J. Prac. & Proc. 415 (1978), John Nelson Walters

UIC Law Review

No abstract provided.


The Demise Of Substantive Time Limitations In Illinois, 11 J. Marshall J. Of Prac. & Proc. 579 (1978), Daniel D. Maynard Jan 1978

The Demise Of Substantive Time Limitations In Illinois, 11 J. Marshall J. Of Prac. & Proc. 579 (1978), Daniel D. Maynard

UIC Law Review

No abstract provided.


Kentucky Law Survey: Workmen's Compensation, Charles S. Cassis Jan 1978

Kentucky Law Survey: Workmen's Compensation, Charles S. Cassis

Kentucky Law Journal

No abstract provided.


Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson Jan 1978

Religious Property Tax Exemptions In Kentucky, Paul J. Weber, Janet R. Olson

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Insurance, Joe C. Savage Jan 1978

Kentucky Law Survey: Insurance, Joe C. Savage

Kentucky Law Journal

No abstract provided.


Rules Pertaining To Witnesses, John W. Reed Jan 1978

Rules Pertaining To Witnesses, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


Opinions And Expert Testimony, John W. Reed Jan 1978

Opinions And Expert Testimony, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


The Ohio Bill Of Rights, Paul C. Giannelli Jan 1978

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.


Kentucky Law Survey: Criminal Procedure, Albert T. Quick Jan 1978

Kentucky Law Survey: Criminal Procedure, Albert T. Quick

Kentucky Law Journal

No abstract provided.


Younger And Its Progeny: A Variation On The Theme Of Equity, Comity And Federalism, Robert Allen Sedler Jan 1978

Younger And Its Progeny: A Variation On The Theme Of Equity, Comity And Federalism, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman Jan 1978

The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman

Cleveland State Law Review

It would appear that in Ohio today fiscally hard-pressed localities may be able to avoid state-mandated obligations by relying on a claim of impossibility. While the law in this area is not settled, it would seem that the mandatory programs most vulnerable to attack are those providing benefits to the impoverished or the young. The remainder of this Article will analyze the doctrine of impossibility and review the scope of judicial authority to compel local participation in mandated programs.


Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne Jan 1978

Ohio Rule 8(C) And Related Rules: Some Notes On The Pleading Of Affirmative Defenses, J. Patrick Browne

Cleveland State Law Review

The adoption of the Ohio Rules of Civil Procedure on July 1, 1970, ushered in the age of "Pleader's Lib" for the plaintiff's attorney. In code days, a pleader had to allege facts which showed a cause of action. Under the rules, however, a statement of claim' need only state the bare operative facts which show that the claimant has a claim for relief, and the complaint cannot be dismissed for failure to state such a claim unless it appears beyond doubt from the face of the pleading that the claimant can prove no set of facts entitling him or …


Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber Jan 1978

Strict Liability Come Of Age In Ohio: Almost, Stephen J. Werber

Law Faculty Articles and Essays

In June 1977 the Ohio Supreme Court decided Temple v. Wean United, Inc., and adopted the doctrine of strict liability for product liability litigation, thereby following a national trend. Earlier decisions had discussed a theory similar to strictly liability and had engendered considerable confusion as to the substantive theory supporting possibly recovery. Temple apparently ended the confusion.


A Perspective On The Michigan Law Of Damages, John W. Reed Jan 1978

A Perspective On The Michigan Law Of Damages, John W. Reed

Book Chapters

So also the subject of damages. There are some general principles, but damages is not a coherent body of law. It is small wonder that no one is writing books about it and that law schools do not provide courses in it. The standard, most widely cited text is McCormick on Damages, yet that book was published in 1935. There is no more recent book of consequence bearing that title. Professor Dan Dobbs's 1973 volume entitled Remedies contains, as one part of the book, an excellent analysis of recent damages developments; but McCormick continues to be the benchmark. As a …


Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck Jan 1978

Nuclear Power And Preemption: Opportunities For State Regulation, Robert S. Peck

Cleveland State Law Review

This Note proposes that federal preemption should not be deemed to bar state regulations which further federal goals by imposing more stringent demands upon the regulated subject matter. Additionally, however, valid state regulations must further a demonstrable public health and safety interest of the state, and must not be explicitly barred by a valid congressional declaration of exclusive federal authority. This view of preemption would permit a state to implement a policy reflecting the federal balance between strict safety regulation of nuclear power and encouragement of the continued development of atomic energy. Thus, stricter regulations would be within the permissible …


Nova University Professional Education For Mid-Career Managers In Government By Samuel Humes 1978, Nova University Jan 1978

Nova University Professional Education For Mid-Career Managers In Government By Samuel Humes 1978, Nova University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Publications

No abstract provided.


Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer Jan 1978

Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer

University of Michigan Journal of Law Reform

This note suggests that sunset legislation is an appropriate response to these concerns. Section I describes the deficiencies of current methods by which the legislature reviews activities of the executive branch. Section II examines the provisions of sunset legislation, emphasizing the role of evaluation criteria, and suggests that elaborate quantitative techniques are not crucial for adequate evaluation. Evaluation criteria currently incorporated in various sunset statutes can best be classified according to those which apply to entity functioning and those which evaluate an entity's purpose. These criteria are treated in sections III and IV respectively.


The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford Jan 1978

The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford

University of Richmond Law Review

The Virginia Bench and Bar are uniquely fortunate in having the early corpus juris of the Commonwealth as recorded in ColonialDecisions, Virginia Decisions and the Virginia Reports. Due to the documents of our nation's birth students of history are fully aware of Virginia's contribution to the establishment of our country. Relatively few individuals, however, recognize the significant contributions made by several of the authors of these documents toward compiling and recording for posterity the decisions of the Commonwealth's highest court.