October 23, 2012

Vol. 30, No. 4, Fall 1998

The Urban Lawyer,
Vol. 30, No. 4, Fall 1998

Publication Date: February 9, 1999


Robert H. Freilich, Valerie Szopa & Chari Young, A Comprehensive Review of 1997-98 U.S. Supreme Court Cases and Important Legislation Affecting State and Local Government, 30 Urb. Law. 785 (Fall 1998).
Each fall this report summarizes legal and societal developments during the previous year. It also focuses on future issues, such as developments in the environment, affirmative action, the upcoming census, and important new legislation. An underlying question it poses involves the role of Congress and the judiciary in shaping the future of the legal climate and of society. As an annual review, the report highlights Supreme Court cases that will shape the law and affect perceptions in society.


Joseph Z. Fleming, Recent Developments in Crisis Management Law: Anecdotal Anarchy and the Legal Process: The Course to Coase and the Decent from the Highest Tribunal Down to the Regulated Parties, as Expressed in the Dissent in Lago, 30 Urb. Law. 925 (Fall 1998).
This article reports on the impact of the Supreme Court's decision in Gebser and McCullough v. Lago Vista Independent School District. The article suggests that an emerging issue has been created involving a process which not only may assist in use of alternative dispute resolution mechanisms but may also allow parties to use informal procedures without any type of litigation processes. To the degree that this can be done without lawyers and allow parties to amicably resolve their disputes may be a tremendous advantage created by the Lago decision (and subsequent Supreme Court decisions).


Stephanie Pullen Brown, Jo-Christy Texas Brown, Eric Groten, Ronda L. Sandquist & Richard G. Opper, Recent Developments in Environmental Law, 30 Urb. Law. 945 (Fall 1998).
This year the Environmental Committee report overviews four areas of continuing interest related to environmental law and discusses the implications of recent decisions to the municipal practitioner. As the discussion indicates, significant developments have transpired during the past year concerning: (1) the Clean Air Act, (2) the Clean Water Act, (3) international issues, and (4) CERCLA, which will both interest and challenge the environmental practitioner.


Mary A. Marshall, Osborne Reynolds, Jr., Suzanne K. Schalig & Gregory T. Stremers, Cases of Interest to Local Government Attorneys, 30 Urb. Law. 983 (Fall 1998).
This article summarizes case law developments by the Local Government Management and Organization Subcommittee in the areas of home rule, sexually oriented businesses, municipal expenditures and the public benefits test, zoning, and police pursuits

Benjamin E. Griffith, Defense Strategies in Voting Rights Litigation After Shaw and Miller, 30 Urb. Law. 995 (Fall 1998).
This article reports on a wide range of election law issues and seemingly intractable reapportionment controversies under the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments to the U. S. Constitution addressed by the Supreme Court and lower courts in 1997-98.

Barry Abrams & Ray Viada, Asserting Official Immunity in Employment Related Cases: A Defense Perspective, 30 Urb. Law. 1023 (Fall 1998).
This article discusses substantive and procedural topics associated with asserting official immunity in employment-related cases. It is intended to serve equally as a primer for younger lawyers hoping to master this area as well as a source for seasoned practitioners looking for a new idea or two.

John H. Gibbon, R. Todd Hunt & Janet Alter, The Disentanglement of Wireless Telecommunications and Local Zoning Two Years into the Federal Telecom Act, 30 Urb. Law. 1047 (Fall 1998).
The most visually noticeable result of the Telecommunications Act of 1996 has been the proliferation of wireless telecommunications facilities or "towers." Congress enacted section 704(a) of the 1996 Act to preserve state and local government zoning authority over the placement, construction, and modification of personal wireless service facilities. It also places significant restrictions on local zoning authorities to ensure that competition among wireless service providers takes place on a nationwide level. Case law during the past two and one-half years has fleshed out the Act's major "wireless" issues, providing guidance for local government officials and wireless services providers alike. This article summarizes the major developments.


Lelia B. Helms, Recent Developments of Public Education Law, 30 Urb. Law. 1063 (Fall 1998).
This article summarizes case law developments affecting post-secondary education in 1997-98.


Sandra Tristano, First Amendment Speech Issues Related to Advertising in Public Transit Facilities, 30 Urb. Law. 1083 (Fall 1998).
This article reports recent judicial rulings in New York, Philadelphia, and Phoenix that provide timely lessons in the controversial nature and dangers of regulating advertising on transit facilities. Public transportation authorities would do well to rethink their advertising policies with a view to minimize the chances of costly litigation.

Mattie C. Condray, Public Transit-Related ADA Case Law, 30 Urb. Law. 1091 (Fall 1998).
Transit systems are, for the most part, in compliance with the Americans with Disabilities Act or making sufficient progress toward compliance that they are avoiding major litigation. This article reports on two cases that involved wrangling over enforcement of settlement agreements in previously litigated ADA suits. Another case, meanwhile, ended with the adoption of a court-approved settlement after about four years of ongoing mediation and discussions.

Dennis C. Gardner, Transportation Reauthorization: A Summary of the Transportation Equity Act for the Twenty-First Century, 30 Urb. Law. 1097 (Fall 1998).
This article highlights significant programs initiated or continued in the Transportation Equity Act for the 21st Century and describes the new approach to funding surface transportation programs adopted in the Act.


And Books of Note Reviewing

The Gatekeepers: Federal District Courts in the Political Process

Segregation in Federally Subsidized Low-Income Housing in the United States

Public Employee Privacy-A Legal and Practical Guide to Issues Affecting the Workplace

Community Service and Social Responsibility in Youth

Fifty Million Acres-Conflicts over Kansas Land Policy 1854-1890


Volume 30 Index, 30 Urb. Law 1123 (Fall 1998).