October 23, 2012

Vol.33, No.4, Summer2001

The Urban Lawyer,
Vol. 33, No. 4, Summer 2001

Publication Date:December 26, 2001

Robert H. Freilich, Alexander R. Fisher & Jeremiah Kidwell, The Freilich Report: A Divided Court Speaks for a Divided Nation, 33 URB. LAW. 821 (Fall 2001).
The 2000 Term of the Supreme Court brought with it a continuation of some recent trends, but was most notable for the development of some surprising, sometimes baffling, opinions that promise to shape the law for some time to come. Starting with the Florida Presidential election cases that culminated in Bush v. Gore, the Court demonstrated its ability to be both predictable and unpredictable at the same time. Fourth Amendment law was the most prominent issue in the 2000 Term; the Supreme Court handed down eight opinions concerning search and seizure. This article summarizes important cases decided during the 2000 Term of U.S. Supreme Court.

David L. Callies & Calvert G. Chipchase, Palazzolo v. Rhode Island: Ripeness and "Notice" Rule Clarified and Statutory "Background Principles" Narrowed, 33 URB. LAW. 907 (Fall 2001).
Many times in the past dozen years, the U.S. Supreme Court has reiterated its understanding that state and local governments may regulate the use of land under the police power for the health, safety, and welfare of the people, without violating constitutional proscriptions against the taking of property without compensation. The Court has also laid down guidelines for when a regulation takes property. These fall into two categories: total or per se takings and partial takings. In Palazzolo v. Rhode Island, the Supreme Court addressed the effect that "notice" of an existing regulation has on both classes of regulatory takings. Equally important are the issues that Palazzolo foreshadowed but left undecided. Specifically, the Court indicated a willingness to revisit the denominator issue and the concurring opinions revealed an ideological split regarding the meaning of "investment-backed expectations," the resolution of which will have a profound impact on partial takings jurisprudence.

Bruce M. Kramer Current Decisions on State and Federal Law in Planning and Zoning, Part II, 33 URB. LAW. 923 (Fall 2001).
This is part II of an article that first appeared in the Summer 2001 issue.

Leila B. Helms, Recent Developments in Public Education Law: Postsecondary Education 2000-2001, 33 URB. LAW. 1025 (Fall 2001).
This annual review discusses litigation involving higher education. It includes all cases reported in West's Education Law Reporter between May 1, 2000, through April 30, 2001. During this reporting year there were substantially fewer reported cases involving the postsecondary sector. The reasons for this comparatively sharp decrease await further comment and explanation.

Robert F. Brown, Recent Developments in Government Operations, Liability, Transportation and Public Employment, 33 URB. LAW. 1043 (Fall 2001).
The U.S. Supreme Court addressed several key issues during the 2000-01 term that impact local governments and of which the Government Operations, Liability, Transportation and Public Employment Committee took note. Although the impact of some of these decisions may not be known for some time, attorneys who represent state and local governments, and their employees and officials, should be aware of these decisions in their attempts to find firm legal footing on an ever-shifting playing field that appears to become softer and more unsure with each Supreme Court opinion.

Joseph Z. Fleming, Emerging Issues: After 9/11/2001, Is a "City on a Hill" on a Slippery Slope When It Legislates Inconsistently with Important Nation-State Interests? An Analysis of Missouri Hotel Motel Ass'n v. City of St. Louis, Mo., 33 URB. LAW. 1059 (Fall 2001).
What will continue to occur in our society in terms of conflicts of laws, as people literally-and figuratively-act on the slogan "Think globally, act locally?" Even though the Internet revolution promises even more ability to communicate across local, regional, state, national, and even international lines, it is human nature for interest groups to seek policy determinations and to enact laws that support their interests at whatever level they can find support. Using the decision in Missouri Hotel & Motel Ass'n v. City of St. Louis as its starting point, this article discusses the potential for a major shift from local and state governmental controls to controls by nation-states, and international entities, to impose restrictions designed for defense and security in the wake of the September 11 attacks.

David C. Caylor, Recent Developments in Ethics, 33 URB. LAW. 1081 (Fall 2001).
In recent years the legal profession has concentrated intensely on legal ethics. Among the most evident results are the American Law Institute's Restatement of the Law: The Law Governing Lawyers, published in late 2000, and the American Bar Association's Report of the Commission on Evaluation of the Rules of Professional Conduct, issued in November 2000. That report, commonly referred to as the Ethics 2000 Commission's Report, will eventually lead to the adoption by the American Bar Association of a revised set of Model Rules of Professional Conduct. While the ABA House of Delegates did take a preliminary vote on several issues that are of general interest to all lawyers, it did not reach the specific rule that has most preoccupied leaders of the Section of State and Local Government Law during the past several months-namely, rule 1.11. regarding successive government and private practice. This article discusses Rule 1.11.

Stephanie P. Brown, Richard G. Opper, Ronda L. Sandquist, Leo P. Dombrowski, Richard J. Brickwedde & Carol L. Dorge, Recent Developments in Environmental Law, 33 URB. LAW. 1089 (Fall 2001).
This report discusses important judicial and administrative pronouncements over the past year concerning the Comprehensive Environmental Response, Compensation and Liability Act, the Brownfields Revitalization and Environmental Restoration Act of 2001, the Clean Water Act, whether the Federal Clean Air Act should preempt state and local bans on MTBE, solid waste issues, and ozone and particulate standards.

With a Book Review on

Sexual Harassment in the Public Workplace
Reviewed by Lynn Weddle Judkins

And Cases, Statutes, and Recent Developments on
First Amendment-Forced Commercial Speech
Regulation of Political Party Expenditures
State Authority vs. Tribal Authority on Reservations
Indian Rights to Submerged Land

Volume 33 Index