State and Local Government Law Commons^™

Interstate Dialogue In State Constitutional Law, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur

UIC Law Review

No abstract provided.

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.

The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov

UIC Law Review

No abstract provided.

An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges

UIC Law Review

No abstract provided.

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.

Fetal Tissue Research: State Regulation Of The Donation Of Aborted Fetuses Without The Consent Of The Mother, 31 J. Marshall L. Rev. 277 (1997), Christie A. Seifert

UIC Law Review

No abstract provided.

Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper

Richmond Journal of Law and the Public Interest

In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …

Romer V. Evans And The Permissibility Of Morality Legislation, S. I. Strong

Faculty Publications

In the late 1950s and early 1960s, two of England's most respected jurists engaged in an on-going debate that would take the legal world by storm. The debate concerned whether and to what extent morality should be reflected in the law and was instigated by the publication of the Wolfenden Report, a study presented to Parliament as it considered whether to repeal certain antisodomy laws in Great Britain. On the one hand was Lord Patrick Devlin, a Lord of Appeal in Ordinary later elevated to the House of Lords, Britain's highest court. Devlin opposed the conclusions contained in the Wolfenden …

Race, Cops, And Traffic Stops, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article discusses the Supreme Court's failure to provide a clear and effective remedy for discriminatory pretextual traffic stops. The first part explores the discretionary nature of pretextual stops and their discriminatory effect on African-Americans and Latinos. Then, the article examines Whren v. United States, a Supreme Court case in which the petitioners claimed that these “pretextual stops” violate the Fourth Amendment to the Constitution and are racially discriminatory. The Supreme Court rejected the claim, upholding the constitutionality of pretextual stops based on probable cause and noting that claims of racial discrimination must be challenged under the Equal Protection Clause. …

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker

UIC Law Review

No abstract provided.

Gacy V. Dahmer: An Informed Response, 30 J. Marshall L. Rev. 331 (1997), William J. Kunkle Jr.

UIC Law Review

No abstract provided.

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

Journal Articles

We are all familiar with the cliche "if it ain't broke, don't fix it." The sentiment is as applicable to law as it is to the rest of life. When a law does what it is intended to do, legislators and courts should leave it alone. However, when a law no longer serves its intended purpose, it is "broke," and should be revised. The question is whether West Virginia's corporate law is "broke." In 1974, the West Virginia Legislature adopted the West Virginia Corporation Act (the "Act").' The Act brought then modem standards of corporate law to West Virginia. Since …

Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee

Scholarly Works

Lost in the discussions of the federalization of crime is the one clause in the Constitution that actually links Congress, the states, and the problem of local crime: the Domestic Violence Clause.

Long ignored by courts, the Domestic Violence Clause recognizes the primacy of the states in addressing domestic violence within their borders. It imposes on the federal government a duty to protect states against domestic violence, but only when states request assistance. The Domestic Violence Clause plays the role of a Tenth Amendment for crime. It is a reaffirmation of the enumerated powers doctrine and a promise of federal …

The Interaction Of The Division Order And The Lease Royalty Clause., Laura H. Burney

St. Mary's Law Journal

Because lease royalty clauses, which establish the obligation of the lessee to pay royalties to the lessor, generally fail to include the details necessary to calculate a lessor’s royalty, lessee or third party purchasers historically have implemented a division order. An additional document in the payment process, the division order protects against a lessee or third party purchaser’s liability for conversion or failure to account properly. Recent court of appeals and Supreme Court of Texas opinions provide an analysis of the interaction of the lease royalty clause and the division order under Texas statutory and case law. The awkward wording …

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

Immigration Reform: Seeking The Right Reasons., Lamar Smith, Edward R. Grant

St. Mary's Law Journal

The legacy of immigration to the United States permeates the debate over current immigration policy. Because our self-definition as a nation is at stake in this debate, the issue of immigration arouses our deepest sentiments regarding the communities in which we live. We do not need to search far back in our history to find examples of imprudent law-making. Both the 1924 and 1925 immigration laws were motivated in large part by purposes which eventually undermined the principles on which they rested. These acts serve as prime examples of how employing erroneous reasons to enact even well-intentioned laws can be …

Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp

St. Mary's Law Journal

From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …

Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas

St. Mary's Law Journal

In vitro fertilization (“IVF”) has become almost commonplace in society. The widespread utilization of IVF and cryopreservation raises new questions with respect to ownership and disposition of embryos. This legal confusion may be addressed by either crafting specific regulations for that particular technology as its implications become apparent, or by applying current law. IVF first began in Great Britain, and the British Parliament passed a law mandating destruction of abandoned frozen embryos five years after cryopreservation. Destruction of the embryos potentially caused the loss of reproduction capability for those persons whose embryos were destroyed. While the number of abandoned frozen …

Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle

St. Mary's Law Journal

Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …

So Long Sweetheart - State Farm Fire & (And) Casualty Co. V. Gandy Swings The Pendulum Further To The Right As The Latest In A Line Of Setbacks For Texas Plaintiffs., Timothy D. Howell

St. Mary's Law Journal

Some legal commentators would analogize the description of the prisoner of The Pit and the Pendulum to modern tort law and policy. Like a pendulum, tort law is always in motion, swinging between two ideologies: those being the plaintiff-oriented rights of the 1970s-80s, and the tort-reforms which began in the mid-80s. This trend continued until the 1990s and the decision of State Farm Fire & Casualty Co. v. Gandy where Texas plaintiffs began experiencing setbacks. The Gandy decision likely curtails the use of the “sweetheart deal” a practice, in which an insured defendant first settles with the plaintiff, then assigns …

The Rise Of Sublocal Structures In Urban Governance, Richard Briffault

Faculty Scholarship

The dominant law and economics model of local government, based on the work of Charles M. Tiebout, assumes that decentralization of power to local governments promotes the efficient delivery of public goods and services. In his seminal article, A Pure Theory of Local Expenditures, Tiebout contended that the existence of a large number of local governments in any given area permits a "market solution" to the question of how to determine the level and mix of government services that people desire. The multiplicity of local governments in an area means that, as long as each locality is free to …

Form Contracts Under Revised Article 2 (Symposium: Consumer Protection And The Uniform Commercial Code), James J. White

Articles

The current draft of section 2-206 in Revised Article 2 of the Uniform Commercial Code ("UCC") entitled "Consumer Contract: Standard Form"1 presents a unique and threatening challenge to the drafters of consumer form contracts. In earlier drafts, one part of the section applied to both to commercial contracts and consumer contracts. It required that "one manifest assent" to any form contract, commercial or consumer, in order for it to be binding.2 Bowing to commercial opposition in the most recent version, the drafters have omitted all reference to commercial contracts. As the section stands, it applies only to consumer contracts.

Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver

Richmond Public Interest Law Review

This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …

Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio

Michigan Journal of Race and Law

Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich

Seattle University Law Review

The first section of this Comment will analyze the case against Deborah Zimmerman and the court's reasons for refusing to dismiss the charges against her. The second section will examine current Washington law and why similar charges could not be brought in this state. The third section will look at the policy rationales for changing Washington law to allow charges to be filed against women for attempting to intentionally endanger the life of a viable fetus. This Comment argues that Washington law should be so amended in order to achieve these policy goals.

Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.

Cleveland State Law Review

The common-law doctrine of failure to exhaust administrative remedies has generally been held to be a prerequisite to judicial review in statutorily defined administrative law appeal processes. Similarly, the United States Supreme Court in interpreting the federal administrative law appeal process, and the case law on Ohio's administrative law appeal process, have found that the doctrine of exhaustion is a jurisdictional bar to a declaratory judgment action except while challenging the constitutionality of a municipal or administrative decision. However, according to the holding in Jones v. Chagrin Falls, this may no longer be the case in Ohio. This article discusses …

Ohio Tort Reform In 1998: The War Continues, Stephen J. Werber

Law Faculty Articles and Essays

For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. Time and time again the court's philosophical approach, predicated on a need to protect injured parties and guarantee compensation for harm, has led to determinations that given legislation fails constitutional scrutiny. In a real sense, the Court has become a super …