State and Local Government Law Commons^™

Privileges And Immunities, Criminal Court New York County, People V. Moore

Touro Law Review

No abstract provided.

Public Welfare, Supreme Court Monroe County, Brown V. Wing

Touro Law Review

No abstract provided.

Section 1983 In The Second Circuit, Honorable George C. Pratt

Touro Law Review

No abstract provided.

The Maryland Survey: 1995-1996

Maryland Law Review

No abstract provided.

Rediscovering The State Constitutional Right To Happiness And Safety, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Winner, Best Appellate Brief In The 1997 Native American Law Student Association Moot Court Competition, Tim Reynon, Paul Echohawk

American Indian Law Review

No abstract provided.

Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao

LLM Theses and Essays

On December 23, 1913, President Woodrow Wilson signed into law the Federal Reserve Act. With this law, Congress established a central banking system which would enable the world’s most powerful industrial nation to manage its money and credit more effectively than ever before. The political and legislative struggle to create the Federal Reserve System was long and often bitter, and this final product in 1913 was the result of a carefully crafted and somewhat tenuous political compromise between national and regional powers. Since its founding, the Federal Reserve System has evolved to meet the needs of a changing financial system …

Arbitration: Shaffer V. Jeffery: The Oklahoma Supreme Court Rejects The Separability Doctrine And Takes A Step Back In The Enforcement Of Arbitration Clauses Under Oklahoma Law, John Douglas Stiner

Oklahoma Law Review

No abstract provided.

Antitrust: Harold's V. Dillard: It Takes Two To Tango--Except In Oklahoma: The Tenth Circuit Interprets Oklahoma Antitrust Law To Reach Unilateral Activity, Eric Scott Smith

Oklahoma Law Review

No abstract provided.

The Unconstitutionality Of State And Local Enactments In The United States Restricting Business Ties With Burma (Myanmar), David Schmahmann, James Finch

Vanderbilt Journal of Transnational Law

As a punitive measure against the military regime in Burma, state and municipal governments in the United States have adopted laws penalizing firms that conduct business in that nation. This Article analyzes the validity of these statutes and ordinances under various provisions of the U.S. Constitution.

After introducing the nature of this development and the constitutional issues raised, Part II of this Article proceeds to examine the character of the local enactments and the political backdrop which lead to their adoption. In Part II, the Authors analyze four federal constitutional issues surrounding the local legislation: implied preemption by federal legislation, …

Section 1983 Litigation, Martin A. Schwartz

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Helen Hershkoff

Touro Law Review

No abstract provided.

Legislative Powers, Court Of Appeals Blue Cross & Blue Shield V. Mccall

Touro Law Review

No abstract provided.

Campaign Finance Reform In Kentucky: The Race For Governor, Jennifer A. Moore

Kentucky Law Journal

No abstract provided.

"Comity" Revisited: The Continuing Struggle Over Rulemaking Authority Between The Kentucky Supreme Court And General Assembly, Amy Jo Harwood

Kentucky Law Journal

No abstract provided.

A New Direction For State Corporate Codes, Mark J. Loewenstein

Publications

No abstract provided.

Playing Defense, Robert F. Nagel

Publications

Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

What's In A Name: An Argument For A Small Business Limited Liability Entity Statute (With Three Subsets Of Default Rules), Dale A. Oesterle, Wayne M. Gazur

Publications

The recent proliferation of small business entity forms is primarily a result of their tax characterization. With the recent adoption of the IRS "check-the-box" regulations and, as a consequence, the elimination of traditional tax distinctions, many of these forms have lost their appeal. This article proposes starting over with one form, the "limited liability entity." Part I discusses the history of small business forms. Part II analyzes the current forms in light of the recent check-the- box legislation. Part III discusses the necessity of and rationale behind a unified entity statute. Finally, Part IV outlines a unified limited liability entity …

Introduction, Paul F. Campos

Publications

No abstract provided.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

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. …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

The year was one of concern and hope, in both private and public affairs. As for the latter, the concern encompassed local government's continuing need for inordinate expenditures of both judicial and legislative attention. The hope was that, at some point, local government would "get it right." This survey graphically illustrates the causes for concern; it also affords glimmers of reason for hope.

1996 Oregon Evidence: Trial Techniques, Developments, And Ethics, Oregon Law Institute, Linda K. Eyerman, Gayle L. Troutwine, Michael R. Shinn, Ancer L. Haggerty, Chris Kitchel, Jan K. Kitchel, Jeffrey S. Jones, Leslie S. Johnson, Barrie J. Herbold, John R. Faust Jr.

Oregon Law Institute, 1996

Course Materials from the November 22, 1996 Program in Portland

Appeal No. 0590: Lomak Petroleum, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-186

Appeal No. 0592: The Clinton Oil Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Notice of Violation 21965

Determining Ripeness Of Substantive Due Process Claims Brought By Landowners Against Local Governments, David S. Mendel

Michigan Law Review

Landowners who sustain economic harm from arbitrary and capricious applications of land use regulations may sue the local government entities responsible for applying those regulations under 42 U.S.C. § 1983, alleging that the local government entities deprived them of substantive due process in violation of the Fourteenth Amendment. A landowner who brings this claim - an "as-applied arbitrary and capricious substantive due process" claim - may in appropriate cases seek declaratory and injunctive relief, damages, and attorney's fees. Despite controversy among courts and commentators over both the definition of property interests protected by the Due Process Clause and the standard …

Advanced Workers' Compensation In Oregon, Oregon Law Institute, Douglas A. Swanson, Krishna Balasubramani, Jodie A. Phillips, Robert A. Davis, Honna P. Garaventa, John M. Howell, Darren L. Otto, Kathryn A. Poland, Susan Dobrof, Thomas P. Busch, Barbara A. Brainard, Lesley K. Bonney

Oregon Law Institute, 1996

Course Materials from the November 1, 1996 Program in Portland

Constitutional Law Ii: The Law And Politics Of Constitutional Cases, Oregon Law Institute, Susan P. Graber, W. Michael Gillette, Rebecca R. Davis, David Schuman, Claudia E. Burton, David Heynderickx, Kelly W.G. Clark

Oregon Law Institute, 1996

Course Materials from the October 11, 1996 Program in Portland

The Constitutionality Of North Carolina's Moment Of Silence Statute, Margaret Richardson

North Carolina Central Law Review

No abstract provided.

Arkansas Tortious Interference Law: A Proposal For Change, Elisa Masterson White

University of Arkansas at Little Rock Law Review

No abstract provided.