Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 6721 - 6750 of 16692

Full-Text Articles in State and Local Government Law

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak Jan 2006

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George Jan 2006

Sandbagging Closed Texas Courtrooms With Senate Bill 15: The Texas Legislature's Attempt To Control Frivolous Silicosis Claims Without Restricting The Constitutional Rights Of Silicosis Sufferers., John G. George

St. Mary's Law Journal

In the 1980s, Texas became a focal point for silicosis litigation. Statutes enacted to limit the liability of employers were not broad enough to limit the liability of silica sand suppliers. The increased number of claims are restricting the ability to receive compensation for those who truly deserve it. While the number of deaths has dropped dramatically, the number of claims has increased. Recently enacted Senate Bill 15 (S.B. 15) is the Texas Legislature’s answer to problems created by the large amount of frivolous silica-related claims. The goal of S.B. 15 is to protect the rights of those with silica …

Go to article

Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone Jan 2006

Appellate Standards Of Conduct As Adopted In Texas The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Catherine Stone

St. Mary's Law Journal

It was not until 1987 that the State Bar of Texas created an Appellate Practice & Advocacy Section. As lawyers began concentrating on appellate law as a specialty, other practitioners began to realize that appellate practice requires a unique skill set. As recognition of this skill set grew, litigators began hiring these specialized lawyers to assist in preserving error at the trial level. Over the years, the need for a more professional approach to the practice of appellate law persisted until the “Standards of Appellate Conduct” (the Standards) was jointly adopted by the Texas Supreme Court and Texas Court of …

Go to article

Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava Jan 2006

Hurricane Katrina: The Duties And Responsibilities Of An Attorney In The Wake Of A Natural Disaster The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Brenna G. Nava

St. Mary's Law Journal

Hurricane Katrina ravaged the legal system as well as the corporate world by leaving courtrooms and law firms filled with water. In the storm’s aftermath the luckiest law firms were those large enough to have offices in cities other than those directly affected by the hurricane. Many recent disasters have heavily affected the legal system, including flooded basements, office fires, hard drive crashes, terrorist attacks, tornados or earthquakes. And each new disaster brings different consequences. Those who create disaster plans are better equipped to handle and recover from each new series of setbacks. While various firms and courts made plans …

Go to article

The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley Jan 2006

The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley

Georgia Law Review

This Article reviews the state constitutional provisions regulating administrative agenciesin Georgia and analyzes the court decisions construing those provisions to find that state agencies occupy a secure place under the Georgia Constitution. The two most significant constitutional limitations on administrative agencies are the separation of powers provision and the prohibition on delegating legislative powers to nonlegislative entities, known as the nondelegation doctrine. The Georgia Supreme Court has invalidated grants of authority to state agencies on these grounds, but only rarely, and the court generally exhibits a pragmatic and deferential approach to the General Assembly's blending of quasi-legislative,quasi-judicial,and quasi-executive power in …

Go to article

Snoop Dogs: An Analysis Of Narcotics Canine Sniffs Of Storage Units Under The Fourth Amendment, Eugene D. Bryant Jan 2006

Snoop Dogs: An Analysis Of Narcotics Canine Sniffs Of Storage Units Under The Fourth Amendment, Eugene D. Bryant

Georgia Law Review

A recent development in the nation's war on drugs is the increased use of narcotics canines to indiscriminately search storage facilities. Although the Fourth Amendment protects persons from unreasonable searches and seizures, the Supreme Court of the United States in U.S. v. Place deemed a canine sniff to be sui generis and not a "search"subject to analysis under the Fourth Amendment. With its decision in Illinois v. Caballes, the Court extended this analysis to canine sniffs outside of vehicles. Various state courts, in order to better protect the rights of state citizens, have rejected the Supreme Court's sui generis analysis …

Go to article

Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson Jan 2006

Turning Jails Into Prisons—Collateral Damage From Kentucky's War On Crime, Robert G. Lawson

Law Faculty Scholarly Articles

The primary purpose of this article is to scrutinize Kentucky's ever-increasing reliance on local jails for the incarceration of state prisoners. This objective cannot be achieved without an examination of the problems that compel counties and cities to allow (and even encourage) the state to capture their jails for this use. The first half of the article (Parts I-IV) provides general information about jails (including some pertinent history), contains a detailed description of jail functions (including some that have descended upon jails by default), and concludes with a discussion of what the state has done over two decades to convert …

Go to article

Contents Jan 2006

Contents

University of Richmond Law Review

No abstract provided.

Go to article

Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams Jan 2006

Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Michigan Journal of Race and Law

This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …

Go to article

A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill Jan 2006

A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill

Michigan Journal of Race and Law

This Article combines analysis of case law at state and federal levels as well as federal educational policy in an effort to formulate a framework for addressing educational inequalities, of which the achievement gap is only one result. As individual rights concepts control the discourse of equal educational opportunity, community injury continues to be ignored. Because educational policy aimed at ending educational inequities is governed by equal protection analysis and guided by court decisions, limitations in legal opinions drive such policies. The lack of attention to community harm in law and educational policy limits the ability of education legal reforms …

Go to article

Katrina And The Rhetoric Of Federalism, Christina E. Wells Jan 2006

Katrina And The Rhetoric Of Federalism, Christina E. Wells

Faculty Publications

The public's desire to assign blame for government's inadequate response to Hurricane Katrina has largely focused on the federal government's slow and seemingly inept response to the storm. In their own defense, federal officials cast federalism--the system that divides power among federal, state, and local governments--as the main culprit underlying their inadequate response to hurricane victims. Had power and authority not been split among three different units of government, the argument goes, the federal government might have been able to act more quickly to save lives and prevent suffering. In effect, federal authorities claim to have been hamstrung by a …

Go to article

Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler Jan 2006

Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler

Michigan Journal of International Law

This Article introduces the longstanding treaty compliance debate and expands it to include the question of whether treaties influence sub-federal actors in non-ratifying countries. This Part draws on norm theory to conclude that sub-federal actors may use treaties and treaty processes as: (a) a framework to understand the underlying substantive issue, (b) a way to reduce drafting costs, (c) a focal point to measure compliance, (d) evidence of an international consensus, (e) a mechanism to express or signal a cosmopolitan identity, or (f) a springboard to criticize the current administration.

Go to article

Kelo: One Year Later, Alan C. Weinstein Jan 2006

Kelo: One Year Later, Alan C. Weinstein

Law Faculty Articles and Essays

June of 2006 marked the first anniversary of the United States Supreme Court's ruling in Kelo v. City of New London, making this a good time to analyze the past year's flurry of activity and assess what it means for local governments. As of mid-May of 2006, more than forty states were considering legislation in reaction to the Kelo ruling, and fifteen have already enacted such legislation.

Go to article

Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes Jan 2006

Final Report Of The Cuyahoga County Election Review Panel, S. Candice Hoke, Ronald B. Adrine, Tom J. Hayes

Law Faculty Reports and Comments

The Panel was charged with identifying the deficiencies in the May 2, 2006 Cuyahoga County election, ascertain the causes and contributing factors of those deficiencies and provide recommendations to remedy the deficiencies.

Go to article

Intermittent State Constitutionalism, Justin R. Long Jan 2006

Intermittent State Constitutionalism, Justin R. Long

Law Faculty Research Publications

No abstract provided.

Go to article

Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat Jan 2006

Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat

Articles

In practice, it seems, KH is not widely understood. Child protection petitions for temporary custody continue to name multiple men as the "father" of a child when there is a legal father. Some courts insist on terminating the parental rights of "John Doe" when no man has established paternity. After KH, are such actions necessary? Are they permissible?

Go to article

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis Jan 2006

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Public Interest Law Review

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.

Go to article

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.

Go to article

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith Jan 2006

Look Homeward Candidate: Evaluating And Reforming Kentucky's Residency Definition And Bona Fides Challenges In Order To Avoid A Potential Crisis In Gubernatorial Elections, S. Chad Meredith

Kentucky Law Journal

No abstract provided.

Go to article

Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber Jan 2006

Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber

Cardozo Law Review

No abstract provided.

Go to article

Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos Jan 2006

Exploring Disqualification Of Counsel In Texas: A Balancing Of Competing Interests The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Rebecca Simmons, Manuel C. Maltos

St. Mary's Law Journal

Uncertainty over conduct which results in disqualification can be costly and the laws relating to disqualification may be widely known but their application is difficult. Rigid application of irrebuttable presumptions and imputation of knowledge may result in disqualification of a client’s chosen counsel. Even if an attorney succeeds in opposing a motion to disqualify, the resulting costs and delay may damage the attorney-client relationship more than if the attorney had simply declined the representation. Motions to disqualify usually arise from conflicts of interest involving former clients. The law of disqualification, in this instance, is well developed and largely based on …

Go to article

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom Jan 2006

Take The Money Or Run: The Risky Business Of Acting As Both Your Client's Lawyer And Bail Bondsman The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., Dayla S. Pepi, Donna D. Bloom

St. Mary's Law Journal

The American Bar Association strongly discourages lawyers from being bondsmen due to the conflicts that can arise when a criminal defense attorney acts as their client's bail bondsman. These same ethical dilemmas can also be encountered in posting a bond for a client in civil matters such as probate, family law, and appeals. In Texas, lawyers are exempt from the requirements of licensure as a bondsmen, including the requirement to maintain a particular level of security to underwrite the bonds. Nonetheless, lawyers are still required to conform to the requirements regulating the practice of bondsmen. It is not enough for …

Go to article

The Law Of Mediation In Texas., L. Wayne Scott Jan 2006

The Law Of Mediation In Texas., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon Jan 2006

A Simple Prescription For Texas's Ailing Court System: Stronger Stare Decisis., Andrew T. Solomon

St. Mary's Law Journal

Several Texas Supreme Court Justices have recently criticized Texas’s appellate justice system for its failure to provide consistency and the unfairness it produces, namely how litigants are treated differently despite the identical factual circumstances. Despite the warnings of various Texas Justices, neither the Texas Supreme Court nor the Texas Legislature have done much to rectify the lack of uniform justice received by Texas litigants. Most of the proposals to reform the Texas appellate justice systems’ unfairness have focused exclusively on structural changes. While structural changes could help reduce inconsistent “justice”, these reforms fail to address the main substantive problem—Texas’s weak …

Go to article

The Unable To Agree Requirement And Texas Condemnation Law: A Critical Analysis Of Hubenak V. San Jacinto Gas Transmission Co.., B. Tyler Milton Jan 2006

The Unable To Agree Requirement And Texas Condemnation Law: A Critical Analysis Of Hubenak V. San Jacinto Gas Transmission Co.., B. Tyler Milton

St. Mary's Law Journal

In Texas, the state constitution requires adequate compensation as a predicate to a taking of private property for a public use. Though an eminent domain cause of action has both a constitutional and statutory basis, the requirement of adequate or just compensation is premised on principles of natural equity and justice. Texas statutorily mandates that a condemner of land must, prior to the institution of a condemnation proceeding, plead and prove the two parties were “unable to agree” on the corresponding compensation due to the landowner. Texas courts interpreted this requirement in the condemnation statute to compel “good faith negotiations” …

Go to article

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot Jan 2006

Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot

St. Mary's Law Journal

There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …

Go to article

Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen Jan 2006

Acquiring Separate Property On Credit: A Review And Proposed Revision Of Texas Marital Property Doctrine., James W. Paulsen

St. Mary's Law Journal

The character of property acquired on credit is one of the most vexing in Texas marital property law. The apparent black letter rule is that anything acquired by either spouse on credit during the marriage is community property, unless the creditor agrees at the outset to look only to separate property for repayment. The general rule follows naturally from a core principle of Texas law that everything owned by a married person is presumed community when the basic presumption is combined with the “inception of title” doctrine. In a credit transaction, the borrower acquires some legal right to the loan …

Go to article

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer Jan 2006

Restricting Kelo: Will Redefining Blight In Senate Bill 7 Be The Light At The End Of The Tunnel., Adrianne Archer

St. Mary's Law Journal

In Kelo v. City of New London, the United States Supreme Court extended the public use limitation to its most expansive definition yet. The Kelo decision enhanced the Fifth Amendment takings power by allowing the city of New London, Connecticut, to exercise eminent domain power in furtherance of an economic development plan. Notably, the city’s revitalization plan did not include a claim that the area subject to eminent domain was “blighted.” The Fifth Amendment provides that governments may wield the power of eminent domain and take private property for public use but only with just compensation. Generally, private property can …

Go to article

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt Jan 2006

Overcorrecting The Purported Problem Of Taking Child Brides In Polygamist Marriages: The Texas Legislature Unconstitutionally Voids All Marriages By Texans Younger Than Sixteen And Criminalizes Parental Consent., Rosanne Piatt

St. Mary's Law Journal

In the 79th Regular Legislative Session, Texas lawmakers amended and added numerous provisions to both the Texas Family Code and Texas Penal Code relating to the status of marriage. One change was the inclusion in the Family Code of a section voiding a marriage if either party is younger than sixteen years of age. Additionally, legislators included criminal penalties to other laws relating to marriage. Specifically, parents are prohibited from giving consent to the marriages of parties under sixteen, but parents also face third-degree felony charges if they give consent. The legislature voided certain underage marriages in Texas due to …

Go to article

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott Jan 2006

Conflicting Loyalties Facing In-House Counsel: Ethical Care And Feeding Of The Ravenous Multi-Headed Client The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility., William E. Matthews, Robert M. Hoffman, Daniel C. Scott

St. Mary's Law Journal

Because of corporate scandals that shook the business world, legislative, corporate, and public fingers immediately pointed at corporate attorneys for allowing such egregious conduct to occur. In 1983, the American Bar Association (ABA) passed Model Rule 1.13, which promoted the entity theory. Under the entity theory, the organization is the in-house counsel’s only client; and the in-house counsel’s primary duty is to act in the best interest of the organization. Whether the issue is deciding to make an executive compensation disclosure in a proxy statement, taking on a dual role within the organization, acting in compliance with heightened professional responsibility …

Go to article

First Prev Next Last