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State and Local Government Law Commons™

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Articles 7621 - 7650 of 16695

Full-Text Articles in State and Local Government Law

Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena Jan 2001

Reining In Property Owners' Associations' Power: Texas's Need For A Comprehensive Plan., Karen Ellert Pena

St. Mary's Law Journal

Abstract Forthcoming.

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Challenges Facing State Constitutions In The Twenty-First Century, 62 La. L. Rev. 17 (2001), Ann Lousin Jan 2001

Challenges Facing State Constitutions In The Twenty-First Century, 62 La. L. Rev. 17 (2001), Ann Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Board Of Pharmacy, Jenny K. Li, Charlotte Wilder Jan 2001

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.

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Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth Jan 2001

Board For Professional Engineers And Land Surveyors, Caroline J. Clark, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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Department Of Insurance, Stacy Baker, Paul T. Greco, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, Collette C. Galvez, J. D. Fellmeth Jan 2001

Department Of Insurance, Stacy Baker, Paul T. Greco, Ashley F. Hall-Hicklin, Michelle J. Hubbard, Jenny K. Li, Collette C. Galvez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth Jan 2001

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth Jan 2001

Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

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Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber Jan 2001

Ohio: A Microcosm Of Tort Reform Versus State Constitutional Mandates, Stephen J. Werber

Law Faculty Articles and Essays

Tort reform emanates, for our purposes, from two primary bodies: state judicial and legislative branches. The vast panoply of congressional and regulatory federal action that bears on the protections afforded and rights to recover for persons within their ambit is a subject for another day. Similarly, the rare areas in which the Supreme Court of the United States establishes federal common law are subjects for another day. On a national scale, the impetus for state legislative reform action can be found in a series of landmark decisions that were soon adopted, in largely similar form, by almost all state supreme …

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Medical Marijuana's Fate In The Aftermath Of The Supreme Court's New Commerce Clause Jurisprudence, Erik R. Neusch Jan 2001

Medical Marijuana's Fate In The Aftermath Of The Supreme Court's New Commerce Clause Jurisprudence, Erik R. Neusch

University of Colorado Law Review

No abstract provided.

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Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit Jan 2001

Vultures And Lambs: A Journey Through Protective Services For The Texas Elderly., Christopher J. Pettit

St. Mary's Law Journal

The Texas system leaves the elderly and disabled vulnerable to financial vultures. Despite guardianship and pre-planning processes meant to empower elderly and disabled Texans to choose who shall manage their affairs, the Texas system may give a financial vulture access to the elderly or disabled’s accounts. Texas agencies such as Adult Protective Services’ purpose is to stop the abuse of the elderly, however, the agency is sometimes used as a tool to circumvent the stated wishes of an elderly person. For example, a person seeking to exploit an elderly person may do so by simply filing charges with Adult Protective …

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Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman Jan 2001

Risk Management For Land Use Regulations: A Proposed Model , Kenneth G. Silliman

Cleveland State Law Review

This Article constructs a conservative legal framework to guide planners in conventional planning activities. It further proposes that planners should apply the model to these conventional activities, but work closely with the municipal attorney before adopting more innovative and controversial planning devices.This Article proceeds in four major sections. Section I commences, with historical reviews: major changes in land use planning within the last 50 years, the land development problems associated with those changes, and judicial responses to these same problems. Comparisons are frequently made between cases from a rustbelt Midwestern state (Ohio) and cases from a faster growing sunbelt state …

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Cal-Osha, Rebecca A. Richards, Tatiana Rodriguez, Donna Shen, Rusty Nichols Jan 2001

Cal-Osha, Rebecca A. Richards, Tatiana Rodriguez, Donna Shen, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.

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Direct Democracy Is Not Republican Government, Steven William Marlowe Jan 2001

Direct Democracy Is Not Republican Government, Steven William Marlowe

Seattle University Law Review

This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.

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International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin Jan 2001

International Governance And Domestic Convergence In Labor Law As Seen From The American Midwest, Matthew W. Finkin

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan Jan 2001

Response To Matthew W. Finkin And Catherine Barnard, Lynn Duggan

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod Jan 2001

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.

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Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler Jan 2001

Maintaining The Status Quo: Electricity Utility Deregulation Difficulties In Ohio , Todd A. Snitchler

Cleveland State Law Review

In this Article, I seek to review the state of affairs under the Ohio deregulation plan by identifying first the present circumstances in the Ohio electricity utility marketplace and second options that other states, which have not yet deregulated, should consider in developing their plans. In Part I, I examine the current state of electricity utilities in Ohio and the pressures on the legislature that led to calls for deregulation. In Part II, I briefly consider the existing regulatory framework on the state and federal levels. In Part III, I analyze the Ohio deregulation plan with a focus on whether …

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Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman Jan 2001

Trying To Make Peace With Bush V. Gore (Symposium: Bush V. Gore Issue 2001), Richard D. Friedman

Articles

The Supreme Court's decision in Bush v. Gore, shutting down the recounts of Florida's vote in the 2000 presidential election and effectively awarding the election to George W. Bush, has struck many observers, including myself, as outrageous.' Decisions of the Supreme Court should be more than mere reflections of ideological or partisan preference thinly camouflaged behind legalistic language. It would therefore be pleasant to be able to believe that they are more than that. Accordingly, Judge Richard Posner's analysis,2 in which he defends the result reached by the Court-though not the path by which it got there-is particularly welcome. Though …

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Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman Jan 2001

Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman

St. Mary's Law Journal

Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …

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State And Federal Constitutional Law Developments, Rosalie Levinson Jan 2001

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.

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The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie Jan 2001

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Journal of Law and the Public Interest

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.

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Legislative Analyst's Office, Celeste L. Toy Jan 2001

Legislative Analyst's Office, Celeste L. Toy

California Regulatory Law Reporter

No abstract provided.

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Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson Jan 2001

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

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No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii Jan 2001

No Taxation Without Realization: Srivastava V. Commissioner, The Fifth Circuit's Answer To Tax Treatment Of Attorney's Fees Under A Contingency Fee Agreement., Bernard J. Grant Iii

St. Mary's Law Journal

Abstract Forthcoming.

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Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller Jan 2001

Jury Erosion: The Effects Of Robinson, Havner, & (And) Gammill On The Role Of Texas Juries., Ricky J. Poole, Kimberly S. Keller

St. Mary's Law Journal

Abstract Forthcoming.

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Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps Jan 2001

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

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Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland Jan 2001

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

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Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman Jan 2001

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

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Those Dangerous Student Prayers., Kelly J. Coghlan Jan 2001

Those Dangerous Student Prayers., Kelly J. Coghlan

St. Mary's Law Journal

Abstract Forthcoming.

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Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter Jan 2001

Parental Rights In The Twenty-First Century: Parents As Full Partners In Education., Linda L. Schlueter

St. Mary's Law Journal

Abstract Forthcoming.

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