State and Local Government Law Commons^™

Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook

UIC Law Review

No abstract provided.

The Gang's All Here: Anti-Loitering Laws In The Face Of City Of Chicago V. Morales, Robert Delchin

Cleveland State Law Review

This Comment examines Morales and the Court's treatment of anti-gang loitering statutes under the vagueness doctrine. Part II examines the City of Chicago's attempt to tackle the problem of gangs terrorizing its citizens and how the Illinois courts dealt with the ordinance. Part III then examines the reasons for the United States Supreme Court invalidating the ordinance, with equal emphasis placed on all the Justice's opinions. Part IV then analyzes the implications of the Court's decision, criticizing the plurality's creation of a fimdamental right to loiter and demonstrating how the ordinance survives a vagueness challenge.

State Bar Of California, Charlotte Wilder, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of …

The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, 31 Loy. U. Chi. L.J. 153 (2000), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Quiet Demise Of Deference To Custom: Malpractice Law At The Millenium, Philip G. Peters Jr.

Faculty Publications

According to conventional wisdom, tort law allows physicians to set their own standard of care. While defendants in ordinary tort actions are expected to exercise reasonable care under the circumstances, physicians traditionally have needed only to conform to the customs of their peers. However, judicial deference to physician customs is eroding. Gradually, quietly and relentlessly, state courts are withdrawing this legal privilege. Already, a dozen states have expressly rejected deference to medical customs and another nine, although not directly addressing the role of custom, have rephrased their standard of care in terms of the reasonable physician, rather than compliance with …

Board Of Podiatric Medicine, Monisha Ann Coelho

California Regulatory Law Reporter

No abstract provided.

Department Of Alcoholic Beverage Control, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.

In The Best Interest Of The Child: What Have We Learned From Baby Jessica And Baby Richard, 33 J. Marshall L. Rev. 353 (2000), Gregory A. Kelson

UIC Law Review

No abstract provided.

The "Race-Neutral" Option For Local Government Contracting Programs, Alan C. Weinstein

Law Faculty Articles and Essays

Despite the dismal record cities have compiled of late in defending their race-conscious contracting programs, this article seeks "to dispel the notion that strict scrutiny is 'strict in theory but fatal in fact.'" If a local government follows the course outlined above, and combines the ability to monitor and analyze all relevant contracting data with the enactment and implementation of a multi-faceted race-neutral program, it has laid a sound foundation for the subsequent enactment of race-conscious remedies that are narrowly-tailored to address statistically valid disparities in utilization of specific categories of MBEs that remain after the race-neutral program has been …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 6, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Standards For Appellate Conduct Adopted In Texas, Kevin Dubose

The Journal of Appellate Practice and Process

Texas is the first state to adopt standards of conduct for appellate advocates. This article examines the reason for, content of, along with the limitations and benefits of Texas’s Standards for Appellate Conduct.

Texas Workers' Compensation: A Ten-Year Survey - Strengths, Weaknesses, And Recommendations., Phil Hardberger

St. Mary's Law Journal

The present Texas Workers’ Compensation system began development in January of 1989 and has been in effect since 1991. Texas is the only state in which workers’ compensation coverage is optional. Alternative benefits plans are provided in some cases; however, many injured workers receive less than they would under the Texas Workers’ Compensation system. The current system uses supplemental income benefits (SIBs), meaning injured workers can be cut off from benefits if they are less than 15% impaired, and the maximum time to appeal each case is ninety days (Rule 130.5(e)). The 71st Texas Legislature focused on decreasing attorney involvement …

Creative Sanctions For Discovery Abuse In Texas., Travis C. Headley

St. Mary's Law Journal

Creative sanctions are necessary to deter litigants from abusing the discovery process. Under both the Federal Rules of Civil Procedure and the Texas Rules of Civil Procedure, creative sanctions are allowed and within a judge’s discretion. Federal Rule of Civil Procedure 37 and Texas Rule of Civil Procedure 215 provide judges a non-exhaustive list of available sanctions to deter abusive discovery practices. Nonetheless, discovery abuse has continued to escalate, and limited precedence exists in the field despite the increased use of sanctions. An unprecedented creative sanction was imposed by Judge Brotman of the District Court for the Virgin Islands. On …

Tax-Exempt Bond Financing Of Sports Stadiums: Is The Price Right, Anoop K. Bhasin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Continuing Tobacco War: State And Local Tobacco Control In Washington, Alan E. Scott

Seattle University Law Review

This Article examines Washington's exemplary tobacco control efforts in the context of the larger, historical struggle to regulate tobacco. The Article begins in Part II with a brief description of the history of tobacco regulation in the United States. Part III examines the Master Settlement Agreement and its weaknesses. Part IV discusses the preference for local government regulation and the obstacles encountered. Part V examines the scope of legal authority of Washington's local governments to enact tobacco control measures, and Part VI describes Washington's tobacco control measures and the interplay between local, state, and federal laws.

The Preservation Of Community Green Space: Is Georgia Ready To Combat Sprawl With Smart Growth?, Janice C. Griffith

Suffolk University Law School Faculty Works

Containing the ill effects of urban sprawl has become a cause celebre for many citizens who are experiencing a decline in the quality of life in the country's cities and suburban areas. Armed with smart growth principles, the new urbanists and many environmentalists advocate the return to more compact, mixed use patterns of development with neighborhood centers that are pedestrian oriented. They urge the development of more walkways, bicycle paths, and public transit hoping to decrease dependence upon the automobile.

This Article argues that the creation and preservation of permanently protected community green space must be addressed as an integral …

Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston

Faculty Scholarship

When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …

Three Issues For The City In The 21st Century, Richard Briffault

Faculty Scholarship

The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Localism And Regionalism, Richard Briffault

Faculty Scholarship

Localism and regionalism are normally seen as contrasting, indeed conflicting, conceptions of metropolitan area governance. Localism in this context refers to the view that the existing system of a large number of relatively small governments wielding power over such critical matters as local land use regulation, local taxation, and the financing of local public services ought to be preserved. The meaning of regionalism is less clearly defined and proposals for regional governance vary widely, but most advocates of regionalism would shift some authority from local governments, restrict local autonomy, or, at the very least, constrain the ability of local governments …

The Strengths And Weaknesses Of Local Human Rights Ordinances, Robert Salem

Cleveland State Law Review

This panel will discuss the prospects and perils of local human rights initiatives. Specifically, I will talk about the nature of these local initiatives and their advantages and disadvantages. Time permitting, I will also talk about our successful effort last year in Toledo, Ohio to pass a human rights ordinance that includes sexual orientation as a protected category, and why it is so crucial that lawyers and law professors become involved in these local campaigns. I believe that with determination, most communities can achieve what we did in Toledo. Local human rights ordinances (HROs) take a variety of forms, and …

Building Community In The Twenty-First Century: A Post-Integrationist Vision For The American Metropolis, Sheryll D. Cashin

Michigan Law Review

[T]he problem of the Twentieth Century is the problem of the color-line. When W.E.B. DuBois wrote this prophetic statement at the dawn of the twentieth century, the American metropolis did not yet exist. Perhaps DuBois could not have predicted the sprawled, socioeconomically fragmented landscape that is so familiar to the majority of Americans who now live and work in metropolitan regions. But his prediction of a "color line" that would sear our consciousness and present the chief social struggle for the new century proved all too correct. As we contemplate the twenty-first century, Gerald Frug's book, City Making, makes clear …

Constitutional Law: Ethics Commission V. Keating: The Oklahoma Supreme Court Defies The Constitutional Mandate Of The People And Clips The Commission's Wings, Sean Paul Rieger

Oklahoma Law Review

No abstract provided.

Criminal Procedure: Allowing The Prosecution A "Second Bite At The Apple" In Non-Capital Sentencing: Monge V. California, Eva Maria Floyd

Oklahoma Law Review

No abstract provided.

Judges, Juries, And Reviewing Courts, William V. Dorsaneo Iii

SMU Law Review

The purposes of this paper are to evaluate the standard and scope of appellate evidentiary review of fact findings made by juries and trial judges under Texas law, and to describe and to criticize the recent treatment of the duty and causation issues in tort litigation by the Texas Supreme Court. The court has not acknowledged that the standards of evidentiary review applied to jury findings have been changed and one prominent scholar has concluded otherwise, but an examination of the court's recent jurisprudence reveals that significant changes have been made in the application of the no-evidence standard of review …