October 23, 2012

Vol.28, No.1, Winter1996

The Urban Lawyer,
Volume 28, Number 1, Winter 1996

Publication Date: February 29, 1996

Mark J. Saladino, Securitization of Municipal Obligations in the Secondary Market: The California Legislative Response, 28 URB. LAW. 1 (Winter 1996). Most municipal securities are exempt from registration, the threshold quality control for public offerings. In this environment of minimal oversight, a large secondary market in municipal obligations has arisen, the magnitude of which can only be estimated. This article discusses the purchase of Los Angeles County capital leases and their subsequent sale by an out-of-state firm to the public without the county's knowledge, participation, or consent. It reviews the legislation the county requested to deter unauthorized securitization.

Jayne E. Daly, A Glimpse of the Past-A Vision for the Future: Senator Henry M. Jackson and National Land Use Regulation, 28 URB. LAW. 7 (Winter 1996).
For four years, from 1970 until 1974, Senator Henry M. Jackson challenged the Congress and people of the United States to come to terms with the urgent need to better manage this nation's greatest resourceCits land. He envisioned a national land-use system where various levels of governmentCfederal, state, and localCacted in a mutually beneficial and coordinated manner to create land-use patterns that foster development, where desired, and conservation, where appropriate. To date, there have been no further significant attempts, at the federal level, to enact national land-use legislation, yet the discussion regarding the need for such a policy continues. This article discusses land-use planning as a tool to be used to effectively promote social, environmental, and economic goals and proposes a framework for decision-making, much like the one proposed by Senator Jackson, twenty-five years ago.

Charles N. Davis, Milagros Rivera-Sanchez & Bill F. Chamberlin, Sunshine Laws and Judicial Discretion: A Proposal for Reform of State Sunshine Law Enforcement Provisions, 28 URB. LAW. 41 (Winter 1996).
This article discusses the various remedies provided by state sunshine laws and how appellate courts interpret various enforcement provisions. Through this review, the article evaluates the methods for enforcing sunshine laws and the importance of judicial interpretation of statutory enforcement provisions. Finally, the article offers a state-by-state listing of state open meetings law enforcement provisions and a model enforcement statute.

Roger A. Nowadsky, A Comparative Analysis of Public Records Statutes, 28 URB. LAW. 65 (Winter 1996).
While each state's public records statute may be uniquely drafted, there is a degree of commonality in the approaches taken. This article illustrates this commonality by summarizing specific provisions of the respective statutes and citing to both relevant cases and Attorneys' General opinions. Rather than addressing each and every statutory provision, the article focuses on several key areas of similarity among the statutes. Its purpose is to provide a reference that will enable attorneys and other individuals to better understand the context of their state open records statute and to help provide a framework for statutory interpretation.

Michelle D. Bayer, Alan M. Kanter & Michael R. Shpiece, The Family Medical Leave Act: The Final Regulations, 28 URB. LAW. 93 (Winter 1996).
The Family and Medical Leave Act of 1993 (FMLA) was enacted on February 5, 1993. The final regulations implementing and interpreting FMLA were originally slated to be effective February 6, 1995; however, formal implementa-tion was postponed until April 6, 1995, due to public response. The final regulations replace the "interim-final" regulations which had been issued two years ago. This article is not intended to be a comprehensive analysis of the Family and Medical Leave Act. Rather, it is intended to highlight the new changes in the final regulations and to supplement Adrienne Dudley & Nancy E. DiSimone, The Family Medical Leave Act: An Overview and Analysis, 26 URB. LAW. 83 (1994).

G. Samuel Zucker, 12th Annual R. Marlin Smith Student Writing Competition Award Winner-Insurance for Eviction Without Cause: A Middle Path for Tenant Tenure Rights and a New Remedy for Retaliatory Eviction, 28 URB. LAW. 113 (Winter 1996).
This article details how moderate rent regulation imposes enormous transaction costs on tenant and landlord alike, making rent controlled tenancy a far more complicated and less stable arrangement than proponents of housing decommodification acknowledge. It argues that even without transaction costs, the immobility and illiquidity imposed by rent control is undesirable. However, it points out that an unregulated tenure system swerves to the opposite extreme. Accordingly, it proposes a more moderate course: insurance for tenants evicted without cause. It argues that such a system would not only remain largely unregulated and generate comparatively few transaction costs, but would also be highly target efficient.

Thomas O. McGimpsey, Comment, Secondary Market Disclosure: A Reality for Issuers of Municipal Securities, 28 URB. LAW. 155 (Winter 1996).
Traditionally, under federal securities laws, issuers of municipal securities have been under no obligation to provide investors, or the municipal securities market in general, with any ongoing information after initial purchase of such securities. Due to this lack of regulation, investors have been hard pressed to obtain secondary market information regarding the municipal securities they purchase. This all changed on July 3, 1995, when issuers across the nation became indirectly subject to new secondary market disclosure rules. The purpose of this article is to summarize each of the new rules, to present a discussion regarding their scope, and to identify a few of the subtle and distinct issues regarding their application

With Cases, Statutes, and Recent Developments considering:

Leslie Salt Co. v. United States, 55 F.3d 1388 (9th Cir. 1995).

Government Operations
McIntyre v. Ohio Elections Comm'n, 115 S. Ct. 1511 (1995).
Corrigan v. City of Newaygo, 55 F.3d 1211 (6th Cir. 1995).

International Law
Vimar Seguros y Reaseguros v. M/V Sky Reefer, 115 S. Ct. 2332 (1990).

Land Use, Planning and Zoning
State of Alaska v. Babbitt, 67 F.3d 864 (9th Cir. 1995).
City of Edmonds v. Oxford House, Inc., 115 S. Ct. 1776 (1995).
New Hampshire Motor Transp. Ass'n v. Town of Plaistow, 67 F.3d 326 (5th Cir. 1995).

Public Education
Veronia School Dist. 47J v. Acton, 115 S. Ct. 2386 (1995).
Neely v. Rutherford County Sch., No 94B5755, 1995 WL 640355 (6th Cir. Nov. 2, 1995).

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