State and Local Government Law Commons^™

Local Government Law, R. Perry Sentell

Mercer Law Review

"My city was desirous of suing the county for violating the city's zoning ordinance .... As City Attorney, I was requested to research the matter and give an opinion to the Mayor and Council .... After giving my opinion that a suit against the county would be contrary to law and might subject the city (and its lawyer) to attorney's fees, the [Mlayor and [Clouncil voted unanimously to sue the county. The local newspaper's headlines read, 'City Votes Unanimously To Sue County Against Advice of City Attorney!' One of the Council members was quoted as saying, 'regardless of the law, …

Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells

Cardozo Law Review

No abstract provided.

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, Thomas M. Winn Iii, Lindsey H. Dobbs

University of Richmond Law Review

No abstract provided.

Environmental Law, Benjamin A. Thorp Iv, William K. Taggart

University of Richmond Law Review

No abstract provided.

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles

Cardozo Law Review

No abstract provided.

The Emerging Section 1983 Private Party Defense, Sheldon Nahmod

Cardozo Law Review

No abstract provided.

Price Considerations In The Market For Corporate Law, Michal Barzuza

Cardozo Law Review

No abstract provided.

Mcdaniel V. Mcbrayer: Reform Need For Rule 68 - The Pendulum Of Protection Is Swinging Unevenly, Ladonna Williams

North Carolina Central Law Review

No abstract provided.

Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan

The Journal of Appellate Practice and Process

No abstract provided.

Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd

The Journal of Appellate Practice and Process

No abstract provided.

Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe

LLM Theses

The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …

A Comparative Analysis Of Selected North Carolina Contractual Provisions, Mary Wright

North Carolina Central Law Review

No abstract provided.

Whitt V. Harris Teeter, Inc.: Take This Doctrine And Shove It - Recognizing Constructive Discharge In North Carolina, Gemma Saluta

North Carolina Central Law Review

No abstract provided.

Public Nuisance Claims Against Gun Sellers: New Insights And Challenges, Jean Macchiaroli Eggen, John G. Culhane

University of Michigan Journal of Law Reform

Gun violence continues unabated. Regulation of these deadly instruments is woefully inadequate, and legislatures are compounding the problem by barring or restricting access to the courts for the death and injuries that guns cause. In short, Congress and state legislators have repeatedly acquiesced to the demands of the gun lobby.

During the past several years, cities have struck back by filing public nuisance claims against those gun sellers whose practices pose a risk to the public's health and safety. After a slow start, public nuisance claims have recently gained traction in state appellate courts, which are increasingly coming to realize …

The Fable Of Federal Environmental Regulation: Reconsidering The Federal Role In Environmental Protection, Jonathan H. Adler

Faculty Publications

Cleveland was the site of one of the seminal events in environmental history. On the morning of June 22, 1969, a stray spark ignited oil and debris on the surface of the Cuyahoga River. The resulting fire attracted relatively little local attention in Cleveland, but became a national event. Subsequently, Time, National Geographic, and The New York Times all wrote about the fire. It even inspired a song by Randy Newman. By many accounts, it lit the spark that led to the passage of the Federal Clean Water Act.

There are some problems with the traditional story of the Cuyahoga …

Terminating Calder: "Effects" Based Jurisdiction In The Ninth Circuit After Schwarzenegger V. Fred Martin Motor Co., A. Benjamin Spencer

Faculty Publications

In Calder v. Jones, the Supreme Court clearly and succinctly determined that personal jurisdiction is appropriate over a defendant whose only contact with the forum state is its intentional actions aimed at and having harmful "effects" in the forum state. Illustrating the extent to which the law of personal jurisdiction had been relaxed from the time of Pennoyer v. Neff and International Shoe Co. v. Washington, Calder also extended the reach of state courts by permitting jurisdiction over out-of-state defendants on the strength of the plaintiffs' connections with the forum state. Although Calder provided a welcome and much …

Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2003-15

Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-40

Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2004-43 (Mandatory Pooling Order)

Balancing Security And Access In The Nation's Capital: Managing Federal Security-Related Street Closures And Traffic Restrictions In The District Of Columbia, D.C. Appleseed Center For Law And Justice

University of the District of Columbia Law Review

This report was prepared in December 2003 in order to stimulate a dialogue on the role the District of Columbia government should play with the federal government in attempting to achieve an appropriate balance between physical security and open access to public space when deciding on traffic restrictions around or near federal buildings or federal sites in the District of Columbia. A summary of this report was presented at the UDC/DCSL Law Review November 2003 symposium "In the Aftermath of September 11: Defending Civil liberties in the Nation's Capital." Since this report was prepared there has been an ebb and …

The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen

ExpressO

This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on …

Workers' Compensation Litigation In West Virginia: Assessing The Impact Of The Rule Of Liberality And The Need For Fiscal Reform, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Finding Immunity: Manders V. Lee And The Erosion Of § 1983 Liability, Thomas B. Ward

Mercer Law Review

In Manders v. Lee, the United States Court of Appeals for the Eleventh Circuit held that a Georgia county sheriff is an arm of the state when acting in his official capacity in implementing and enforcing use-of-force guidelines and, thus, is immune from suit in federal court under the Eleventh Amendment.' This decision creates considerable uncertainty in the area of government-entity liability under 42 U.S.C. § 19833 because of the potentially broad impact of this newly established analytical approach.

Slides: Intro To Groundwater Law In Colorado, David L. Harrison

Groundwater in the West (Summer Conference, June 16-18)

Presenter: David L. Harrison.

17 slides.

Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins

Groundwater in the West (Summer Conference, June 16-18)

11 pages.