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State and Local Government Law Commons™

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Articles 8161 - 8190 of 16719

Full-Text Articles in State and Local Government Law

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate Jan 1998

Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude Jan 1998

A Comment On The Evolution Of Direct Democracy In Western State Constitutions, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.


The Public Official Role Of The Notary, 31 J. Marshall L. Rev. 651 (1998), Michael L. Closen Jan 1998

The Public Official Role Of The Notary, 31 J. Marshall L. Rev. 651 (1998), Michael L. Closen

UIC Law Review

No abstract provided.


The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw Jan 1998

The Feminization Of The Office Of Notary Public: From Femme Covert To Notaire Covert, 31 J. Marshall L. Rev. 703 (1998), Deborah M. Thaw

UIC Law Review

No abstract provided.


Being There: The Importance Of Physical Presence To The Notary, 31 J. Marshall L. Rev. 749 (1998), Charles N. Faerber Jan 1998

Being There: The Importance Of Physical Presence To The Notary, 31 J. Marshall L. Rev. 749 (1998), Charles N. Faerber

UIC Law Review

No abstract provided.


The Notary's Duty To Meticulously Maintain A Notary Journal, 31 J. Marshall L. Rev. 777 (1998), Peter J. Van Alstyne Jan 1998

The Notary's Duty To Meticulously Maintain A Notary Journal, 31 J. Marshall L. Rev. 777 (1998), Peter J. Van Alstyne

UIC Law Review

No abstract provided.


Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo Jan 1998

Requiring A Thumbprint For Notarized Transactions: The Battle Against Document Fraud, 31 J. Marshall L. Rev. 803 (1998), Vincent J. Gnoffo

UIC Law Review

No abstract provided.


Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty Jan 1998

Notary Bonds And Insurance: Increasing The Protection For Consumers And Notaries, 31 J. Marshall L. Rev. 839 (1998), Michael J. Osty

UIC Law Review

No abstract provided.


The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr. Jan 1998

The Impact Of Technology On The Notary Process, 31 J. Marshall L. Rev. 911 (1998), Glen-Peter Ahlers Sr.

UIC Law Review

No abstract provided.


The Notarial Seal - The Last Vestige Of Notaries Past, 31 J. Marshall L. Rev. 903 (1998), Karla J. Elliot Jan 1998

The Notarial Seal - The Last Vestige Of Notaries Past, 31 J. Marshall L. Rev. 903 (1998), Karla J. Elliot

UIC Law Review

No abstract provided.


The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin Jan 1998

The Execution Under Oath Of U.S. Litigation Documents: Must Signatures Be Authenticated, 31 J. Marshall L. Rev. 927 (1998), Thomas W. Tobin

UIC Law Review

No abstract provided.


The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet Jan 1998

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.


The National Notary Association: A Historical Profile, 31 J. Marshall L. Rev. 971 (1998), Milton G. Valera Jan 1998

The National Notary Association: A Historical Profile, 31 J. Marshall L. Rev. 971 (1998), Milton G. Valera

UIC Law Review

No abstract provided.


To Notarize, Or Not To Notarize ... Is Not A Question Of Judging Competence Or Willingness Of Document Signers, 31 J. Marshall L. Rev. 1013 (1998), Klint L. Bruno Jan 1998

To Notarize, Or Not To Notarize ... Is Not A Question Of Judging Competence Or Willingness Of Document Signers, 31 J. Marshall L. Rev. 1013 (1998), Klint L. Bruno

UIC Law Review

No abstract provided.


Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke Jan 1998

Promoting The Intermediate Benefits Of Strict Notary Regulation, 31 J. Marshall L. Rev. 819 (1998), Nancy Perkins Spyke

UIC Law Review

No abstract provided.


Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry Jan 1998

Old Treaties Never Die, They Just Lose Their Teeth: Authentication Needs Of A Global Community Demand Retirement Of The Hague Public Documents Convention, 31 J. Marshall L. Rev. 1045 (1998), Keith D. Sherry

UIC Law Review

No abstract provided.


Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring Jan 1998

Extended Jurisdiction Juvenile Prosecution: A New Approach To The Problem Of Juvenile Delinquency In Illinois, 31 J. Marshall L. Rev. 1351 (1998), Mary E. Spring

UIC Law Review

No abstract provided.


The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon Jan 1998

The Sovereign Immunity Of States In Their Own Courts, Richard Henry Seamon

Articles

No abstract provided.


Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton Jan 1998

Indictments And Informations In Texas: The Conduct/Evidence Pleading Conundrum., Robert R. Barton

St. Mary's Law Journal

In the prosecution of a criminal case in Texas, the State’s primary pleading is an indictment or information. In an indictment or information, there are two basic rules for the charging of an offense. First, the defendant must be given adequate notice to prepare a defense and to plead the judgment from the trial of the case in bar to a subsequent prosecution for the same offense. Second, the State is not required to plead evidentiary matters. The simplicity of these rules exists more in their statement than in their application because circumstances exist which require the State to plead …


Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh Jan 1998

Voluntary Intoxication As A Mitigating Circumstance During The Death Penalty Sentencing Phase: A Proposal For Reform Comment., Jeffrey A. Walsh

St. Mary's Law Journal

When the State of Texas seeks the death penalty against a defendant, the trial court conducts a sentencing proceeding under Article 37.071 of the Texas Code of Criminal Procedure. This proceeding determines whether the defendant will receive the death penalty. During deliberation, the jury must consider all mitigating evidence. The defendant may claim his voluntary intoxication as a mitigating factor. Under Tex. Pen. Code § 8.04(b), the court instructs the jury to consider evidence of voluntary intoxication only if it rendered the defendant temporarily insane. Although Article 37.071 calls upon juries to consider “all” mitigating evidence, a Section 8.04 instruction …


The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy Jan 1998

The Impending Wave Of Legal Malpractice Litigation - Predictions, Analysis, And Proposals For Change., Gary N. Schumann, Scott B. Herlihy

St. Mary's Law Journal

Attorneys tend to be viewed antithetically, at once both greedy and manipulative, but also respected and admired. Given this odd mixture of respect and disdain, attorneys are fortunate to have generally avoided being targets as potential defendants. Nevertheless, circumstances in Texas have changed, creating a new legal climate wherein attorneys may soon become defendants of choice. Attorneys in Texas are at a significantly greater risk of becoming the subject of a malpractice suit than they were in the past. Yet, simply because statistics indicate an increase in the number of malpractice claims, this does not mean more malpractice is being …


The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg Jan 1998

The React Security Belt: Stunning Prisoners And Human Rights Groups Into Questioning Whether Its Use Is Permissible Under The United States And Texas Constitutions Comment., Shelley A. Nieto Dahlberg

St. Mary's Law Journal

The Remote Electronically Activated Control Technology (REACT) belt infringes upon criminal defendants’ and prisoners’ fundamental rights; therefore, it cannot withstand judicial scrutiny under the United States and Texas Constitutions. This Comment attempts to address and answer issues regarding the REACT belt. The belt constitutes cruel and unusual punishment with the potential to deprive prisoners of their due process rights. The belt disrupts attorney-client communication and destroys a criminal defendant’s presumption of innocence. Furthermore, other alternatives provide effective means to prevent unruly prisoners from destroying the integrity of the courts. Part II of this Comment discusses how the belt works, and …


Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr. Jan 1998

Modern Mail Fraud: The Restoration Of The Public/Private Distinction, John C. Coffee Jr.

Faculty Scholarship

Over their long history, the mail and wire fraud statutes have gone through repeated periods of rapid expansion and contraction. The 1970s saw the flowering of the "intangible rights doctrine," an exotic flower that quickly overgrew the legal landscape in the manner of the kudzu vine until by the mid- 1980s few ethical or fiduciary breaches seemed beyond its potential reach. That doctrine was radically pruned by the Supreme Court in 1987 in the McNally decision, which held that the federal mail and wire fraud statutes reached only those schemes that intentionally sought to deprive their victims of money or …


Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar Jan 1998

Physician-Assisted Suicide: The Problems Presented By The Compelling, Heartwrenching Case, Yale Kamisar

Articles

Now that the U.S. Supreme Court has upheld New York and Washington state laws prohibiting the aiding of another to commit suicide,2 the spotlight will shift to the state courts, the state legislatures and state referenda. And once again proponents of physician-assisted suicide (PAS) will point to a heartwrenching case, perhaps the relatively rare case where a dying person is experiencing unavoidable pain (i.e., pain that not even the most skilled palliative care experts are able to mitigate), and ask: What would you want done to you if you were in this person's shoes?


Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino Jan 1998

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …


On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar Jan 1998

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.


The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf Jan 1998

The Legal Standard Of Care For Notaries And Their Employers, 31 J. Marshall L. Rev. 735 (1998), Gerald Haberkorn, Julie Z. Wulf

UIC Law Review

No abstract provided.


Administrative Agency Oversight Of Notarial Practice, 31 J. Marshall L. Rev. 857 (1998), John T. Henderson, Peter D. Kovach Jan 1998

Administrative Agency Oversight Of Notarial Practice, 31 J. Marshall L. Rev. 857 (1998), John T. Henderson, Peter D. Kovach

UIC Law Review

No abstract provided.


Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards Jan 1998

Stop ... Go Directly To Jail, Do Not Pass Go, And Do Not Ask For A Notary, 31 J. Marshall L. Rev. 879 (1998), R. Jason Richards

UIC Law Review

No abstract provided.


Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young Jan 1998

Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young

UIC Law Review

No abstract provided.