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Articles 6751 - 6780 of 16692

Full-Text Articles in State and Local Government Law

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado Jan 2006

A Radical Proposal For Lifetime Professionalism The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Essays., Antonio Alvarado

St. Mary's Law Journal

Undeniably, the economics of law practice motivates the profession and immerses lawyers into a new professionalism paradigm not fully addressed by existing programs and activities. Linking professionalism to economic concerns might be considered heresy by some, yet now is the time to examine why the economic realities of practicing law sometimes cut short the best aspirations for high standards. Both the American Bar Association (ABA) and the State Bar of Texas focus extensively on questions concerning professionalism in the practice of law. Lawyers face significant economic burdens from several sources, and ironically technology does not always make practice easier. Often, …

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Sentence Modification In Texas: The Plenary Power Of A Trial Court To Alter Its Sentence After Pronouncement Comment., Andrew L. Johnson Jan 2006

Sentence Modification In Texas: The Plenary Power Of A Trial Court To Alter Its Sentence After Pronouncement Comment., Andrew L. Johnson

St. Mary's Law Journal

Post-sentence plenary power of a trial court is not statutorily defined in Texas criminal law, and its boundaries are not fully delineated. The Texas Court of Criminal Appeals recently added to the definition of plenary power in State v. Aguilera. The definition gives state trial courts the power to modify sentences if the modification is made the same day as the initial sentence before the court adjourns and if it is made in the presence of the defendant, his counsel, and counsel for the State. This holding lessens the sentencing pronouncement’s importance; potentially turning sentencing into a day-long affair. Additionally, …

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Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson Jan 2006

Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson

St. Mary's Law Journal

William H. Rehnquist taught for St. Mary’s University School of Law for four summers while serving as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on The Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. St. Mary’s has conducted the Institute as an annual five-week summer program at the University of Innsbruck since 1986, with the generous administrative support of that university’s Roman Law Institute. Rehnquist felt welcome in Innsbruck and earned the St. Mary’s …

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Standards Of Review In Texas., W. Wendell Hall Jan 2006

Standards Of Review In Texas., W. Wendell Hall

St. Mary's Law Journal

Abstract Forthcoming.

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Buying White Beauty, Imani Perry Jan 2006

Buying White Beauty, Imani Perry

Cardozo Journal of Equal Rights & Social Justice

The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.

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Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass Jan 2006

Notes On The Illinois Pilot Program On Sequential Double-Blind Identification Procedures, Roy L. Malpass

Public Interest Law Reporter

No abstract provided.

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In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea Jan 2006

In Response To The Illinois Pilot Program On Simultaneous V. Sequential Lineups, Ebbe B. Ebbesen, Kristin M. Finklea

Public Interest Law Reporter

No abstract provided.

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The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D. Jan 2006

The Street, The Lab, The Courtroom, The Meeting Room, James M. Doyle, Steven Penrod Ph.D., Margaret Bull Kovera Ph.D., Jennifer Dysart Ph.D.

Public Interest Law Reporter

No abstract provided.

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Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Gerald S. Reamey Jan 2006

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Gerald S. Reamey

St. Mary's Law Journal

Abstract Forthcoming.

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Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur Jan 2006

Colorado Revisits The Rule Against Perpetuities, Wayne M. Gazur

Publications

The 2006 Colorado General Assembly passed legislation adopting a 1000-year limitation applicable to interests in trust, practically eliminating the Rule Against Perpetuities ("RAP"). This article discusses the legislation's impact on the RAP in trust and non-trust situations.

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A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser Jan 2006

A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser

Publications

This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …

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Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein Jan 2006

Merrill Lynch V. Dabit: Federal Preemption Of Holders' Class Actions, Mark J. Loewenstein

Publications

No abstract provided.

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Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer Jan 2006

Losing Control: Regulating Situational Crime Prevention In Mass Private Property, Robert E. Pfeffer

Oklahoma Law Review

No abstract provided.

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Can A Private Corporate Analysis Of Public Authority Administration Lead To Democracy?, Jonathan Rosenbloom Jan 2006

Can A Private Corporate Analysis Of Public Authority Administration Lead To Democracy?, Jonathan Rosenbloom

NYLS Law Review

No abstract provided.

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Tracinda Corp. V. Daimlerchrysler Ag, Keith Martorana Jan 2006

Tracinda Corp. V. Daimlerchrysler Ag, Keith Martorana

NYLS Law Review

No abstract provided.

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Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie Jan 2006

Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie

NYLS Law Review

No abstract provided.

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People V. Lopez, Geoffrey Goell Jan 2006

People V. Lopez, Geoffrey Goell

NYLS Law Review

No abstract provided.

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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 Journal of Law and the Public Interest

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.

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Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner Jan 2006

Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner

Journal Articles

Since the founding, all gerrymandering of election districts, at both the state and congressional levels, has been accomplished by state actors operating almost exclusively under state law. State constitutions have often served as a first line of defense against publicly disfavored practices, and the treatment of gerrymandering is no exception. The state constitutional record reveals a gradual introduction, diffusion, and evolution of a wide variety of provisions intended to control gerrymandering, including requirements of contiguity, compactness, respect for local political boundaries, and preservation of communities of interest, among others. Indeed, such provisions have been validated by the U.S. Supreme Court …

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Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres Jan 2006

Tegman V. Accident & Medical Investigations, Inc.: The Re-Modification Of Modified Joint And Several Liability By Judicial Fiat, Victor J. Torres

Seattle University Law Review

This Note explores the Tegman decision in the context of joint and several liability between negligent and intentional actors within Washington State. Part II places Washington tort law into perspective, including the doctrine of joint and several liability, both before and after the Tort Reform Act of 1986. Part III discusses the Tegman decision, methods used in other jurisdictions for dealing with similar situations, and potential solutions to the problems posed by the Tegman holding. Finally, Part IV concludes and urges both the court to reconsider its ruling in Tegman and the legislature to clarify its intent.

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State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr. Jan 2006

State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.

Journal Articles

Scholars have long debated the separation of powers question of what judicial power federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes dynamically or as faithful agents of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often …

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The Maryland Survey: 2004-2005 Jan 2006

The Maryland Survey: 2004-2005

Maryland Law Review

No abstract provided.

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A Powers-Based Approach To The Protection Of Ideas, Larissa Katz Jan 2006

A Powers-Based Approach To The Protection Of Ideas, Larissa Katz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2006

Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …

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But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran Jan 2006

But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran

Articles

Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.

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Jurisdictional Competition In Criminal Justice: How Much Does It Really Happen?, Samuel R. Gross Jan 2006

Jurisdictional Competition In Criminal Justice: How Much Does It Really Happen?, Samuel R. Gross

Articles

It's a familiar image from American fiction: the bad guy ridden out of town on a rail' or beaten up by the sheriff and dumped on the next train out. Where do they go? Banishment is an age-old form of punishment. In America, where an atomized criminal justice system has survived into the twentyfirst century, we can continue to try to dump our criminals on our near neighbors, and-as Doron Teichman points out in his interesting articlethat is not the only way that American states, counties, and cities can try to reduce their own crime rates by exporting crime elsewhere.3 …

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Crawford At Two: Testimonial Hearsay And The Confrontation Clause, H. Patrick Furman Jan 2006

Crawford At Two: Testimonial Hearsay And The Confrontation Clause, H. Patrick Furman

Publications

This article addresses the response of Colorado courts, and that of certain other jurisdictions, to the 2004 U.S. Supreme Court decision in Crawford v. Washington.

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Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong Jan 2006

Attorneys Who Interpret For Their Clients: Communication, Conflict, And Confusion - How Texas Courts Have Placed Attorneys And Their L.E.P. Clients At The Discretion Of The Trial Court The Fifth Annual Symposium On Legal Malpractice And Professional Responsibility" Recent Development., Teresa B. Morales, Nathaniel D. Wong

St. Mary's Law Journal

Abstract Forthcoming.

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Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman Jan 2006

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Publications

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.

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The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson Jan 2006

The First Half Century Of Western Water Reform: Have We Kept Faith With The Rivers Of The West?, Charles Wilkinson

Publications

No abstract provided.

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