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Articles 7171 - 7200 of 16693
Full-Text Articles in State and Local Government Law
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 2, Kentucky. General Assembly. House Of Representatives.
Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2004, Volume 2, Kentucky. General Assembly. House Of Representatives.
Journals of the General Assembly of the Commonwealth of Kentucky
No abstract provided.
In Memoriam, W. Bernard Richland, Ross Sandler
The Honorable Jose A. Cabranes, United States Court Of Appeals For The Second Circuit, Jose A. Cabranes
The Honorable Jose A. Cabranes, United States Court Of Appeals For The Second Circuit, Jose A. Cabranes
NYLS Law Review
No abstract provided.
The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein
The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein
NYLS Law Review
No abstract provided.
The Honorable Nina Gershon, United States District Court For The Eastern District Of New York, Nina Gershon
The Honorable Nina Gershon, United States District Court For The Eastern District Of New York, Nina Gershon
NYLS Law Review
No abstract provided.
Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer
Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer
NYLS Law Review
No abstract provided.
Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland
Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland
NYLS Law Review
No abstract provided.
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
Investigating New York’S Son Of Sam Law: Problems With The Recent Extension Of Tort Liability For People Convicted Of Crimes, Jessica Yager
NYLS Law Review
No abstract provided.
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
NYLS Law Review
No abstract provided.
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
Federalism And Foreign Affairs: How To Remedy Violations Of The Vienna Convention And Obey The U.S. Constitution, Too, Joshua A. Brook
University of Michigan Journal of Law Reform
This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular notification and assistance. In later appeals, United States courts …
Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo
Vanishing Vaccinations: Why Are So Many Americans Opting Out Of Vaccinating Their Children?, Steve P. Calandrillo
University of Michigan Journal of Law Reform
Vaccinations against life-threatening diseases are one of the greatest public health achievements in history. Literally millions of premature deaths have been prevented, and countless more children have been saved from disfiguring illness. While vaccinations carry unavoidable risks, the medical, social and economic benefits they confer have led all fifty states to enact compulsory childhood vaccination laws to stop the spread of preventable diseases. Today, however, vaccines are becoming a victim of their success-many individuals have never witnessed the debilitating diseases that vaccines protect against, allowing complacency toward immunization requirements to build. Antivaccination sentiment is growing fast in the United States, …
Structuring The Political Process Under American State Constitutions, James A. Gardner
Structuring The Political Process Under American State Constitutions, James A. Gardner
Other Scholarship
No abstract provided.
Air Quality Protection Using State Implementation Plans -Thirty-Seven Years Of Increasing Complexity, Arnold W. Reitze Jr.
Air Quality Protection Using State Implementation Plans -Thirty-Seven Years Of Increasing Complexity, Arnold W. Reitze Jr.
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness
Preemption Of State Tort Law By Federal Safety Statutes: Supreme Court Preemption Jurisprudence Since Cipollone, Richard C. Ausness
Kentucky Law Journal
No abstract provided.
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law, Roger P. Alford
Journal Articles
In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Michigan Journal of Race and Law
This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …
Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard
Tender Offers By Controlling Shareholders: The Specter Of Coercion And Fair Price, Adam C. Pritchard
Articles
Taking your company private has never been so appealing. The collapse of the tech bubble has left many companies whose stock prices bordered on the stratospheric now trading at small fractions of their historical highs. The spate of accounting scandals that followed the bursting of the bubble has taken some of the shine off the aura of being a public company-the glare of the spotlight from stock analysts and the business press looks much less inviting, notwithstanding the monitoring benefits that the spotlight purports to confer. Moreover, the regulatory backlash against those accounting scandals has made the costs of being …
Chevron And Preemption, Nina A. Mendelson
Chevron And Preemption, Nina A. Mendelson
Articles
This Article takes a more functional approach to reconciling preemption doctrine with Chevron when Congress has not expressly delegated preemptive authority to an agency, an approach that considers a variety of concerns, including political accountability, institutional competence, and related concerns. The Article assumes that federalism values, such as ensuring core state regulatory authority and autonomy, are important and can be protected through political processes." It argues that although Congress's "regional structure" might hint at great sensitivity to state concerns, it actually may lead Congress to undervalue some federalism benefits that are more national in nature. Meanwhile, executive agencies generally have …
A Continuing Whimsical Search For The True Meaning Of The Term Products Liability Litigation., Charles E. Cantu
A Continuing Whimsical Search For The True Meaning Of The Term Products Liability Litigation., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.
A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke
A Rose Is A Rose Is A Rose - Or Is It - Fiduciary And Dtpa Claims Against Attorneys Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., James M. Parker Jr., Thomas H. Watkins, Rachel L. Noffke
St. Mary's Law Journal
Abstract Forthcoming.
Texas's Statutory Exclusionary Rule: Analyzing The Inadequacies Of The Current Application Of Other Person(S) Pursuant To Article 38.23(A) Of The Texas Code Of Criminal Procedure., Nathan L. Mechler
St. Mary's Law Journal
Abstract Forthcoming.
Soft Paths, Hard Choices: Environmental Lessons In The Aftermath Of California's Electric Deregulation Debacle, Steven Ferrey
Soft Paths, Hard Choices: Environmental Lessons In The Aftermath Of California's Electric Deregulation Debacle, Steven Ferrey
Suffolk University Law School Faculty Works
In 2001, California's electric sector deregulation exploded, and with it the state economy and the state political structure. The Governor of California, just recently reelected was recalled by the population, and replaced with Arnold Schwarzenegger. While the physical manifestations of this crisis received media attention, there was a major legal subtext that is still playing out in the courts and will continue for a decade. With the pivotal role that electric power plays in modern American life, and the key transitional role of the legal and regulatory system in transitioning states to a restructured and less regulated format, there are …
The Quiet Transformation Of Corporate Law, Mark J. Loewenstein
The Quiet Transformation Of Corporate Law, Mark J. Loewenstein
Publications
No abstract provided.
Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Preemption Of Common Law Claims And The Prospects For Fifra: Justice Stevens Puts The Genie Back In The Bottle, Jennifer S. Hendricks
Publications
In the upcoming Term, the Supreme Court will consider a case raising the question whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state tort law, or only state positive law. FIFRA, under which the Environmental Protection Agency regulates pesticide labels, has an express preemption clause and clearly preempts state positive law on labeling. The question presented is whether and to what extent it also preempts state tort law, particularly claims for failure to warn. The Court's precedent on preemption of state tort law is erratic, but for some reason, the pro-preemption view has been much more popular with lower …
Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey
Oklahoma's State/Tribal Water Compact: Three Cheers For Compromise, Jennifer E. Pelphrey
American Indian Law Review
No abstract provided.
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
American Indian Law Review
No abstract provided.
Family Violence Protective Orders In Texas And Appelate Review: Are They Meant For Each Other., Manuel C. Maltos
Family Violence Protective Orders In Texas And Appelate Review: Are They Meant For Each Other., Manuel C. Maltos
St. Mary's Law Journal
Historically, protective orders have been viewed as an effective civil legal recourse for those affected by family violence. Title Four of the Texas Family Code governs these protective orders and sets forth the requirements for obtaining such an order. With consistent improvements to Title Four, the legislature has responded to society's decreasing tolerance of family violence. As a result, now the Family Code mandates the issuance of a protective order as provided by Title Four, regardless of whether a divorce is pending. Further legislative efforts also lengthened the maximum duration of a protective order from one year to two years. …
Legal Malpractice In Texas: Examining Selected Cases And Forecasting Future Trrends Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Wallace B. Jefferson
Legal Malpractice In Texas: Examining Selected Cases And Forecasting Future Trrends Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Wallace B. Jefferson
St. Mary's Law Journal
Little hard data exists concerning legal malpractice in Texas. What’s more, few legal law malpractice rulings are published. To date, there are only fifty written opinions on legal malpractice from Texas intermediate appellate courts. The activity that most often gave rise to a claim of legal malpractice involved the preparation, filing, and transmittal of documents, accounting for about a quarter of all claims. In San Antonio, Chief Justice Alma Lopez of the Fourth District Court of Appeals discussed common issues she sees in her courtroom. The issues ranged from failures to follow simple court rules to more substantial failures of …
The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg
The Texas Cave Bug And The California Arroyo Toad Take On The Constitution's Commerce Clause., Daniel J. Lowenberg
St. Mary's Law Journal
Abstract Forthcoming.
Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe
Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe
Scholarly Works
This article addresses the impact that school funding litigation has had in shaping public schools across the United States. It serves as an update to a 2001 article titled Serrano and It’s Progeny: An Analysis of 30 Years of School Funding Litigation, which reviewed school funding litigation since the Serrano v. Priest decision. This article updates that research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equality, Tennessee Small School Systems v. McWhorter, Lake View v. Huckabee, DeRolph v. …