ABA Government Law News

State and Local

A 60-Second Update on What’s Happening

Vol. 1 #7, November, 2004

Gun manufacturers not liable: Last week, the Supreme Court of Illinois rejected efforts of Chicago and family members of murder victims to hold gun manufacturers liable on public nuisance theory despite allegations that manufacturers make some weapons particularly attractive to the criminal element such as the "small, easily concealed nature of the Bryco ‘59’ semiautomatic handgun," and the "fingerprint-resistant coating on the Navegar "TEC-DC9." Regulation of guns, the court said, was in the hands of the legislature. See City of Chicago v. Beretta U.S.A. and Young v. Bryco Arms (11/18/04).

http://www.state.il.us/court/Opinions/SupremeCourt/2004/November/Opinions/Html/95243.htm

http://www.state.il.us/court/Opinions/SupremeCourt/2004/November/Opinions/Html/93678.htm

Holiday Displays and the First Amendment: Tis the season for questions concerning free exercise and establishment clause issues where religious displays are allowed or prohibited on public property. For a recent decision covering these issues, see Osediacz v. City of Cranston (D.R.I. 11/15/04) http://www.rid.uscourts.gov/Opinions/Recent/Opinions%20for%20Publication/11152004_1-03CV0600S_OSEDIACZ_V_CITY_OF_CRANSTON_.pdf

Hauling Away Property of the Homeless: When engaged in clean up efforts city employees may send the property of the homeless to the dump. In doing so, what procedures must be followed in order to comply with the 14^th Amendment? See Cash v. Hamilton County (6th Cir. 11/12/04) http://caselaw.findlaw.com/data2/circs/6th/033916p.pdf  

Provides guidance for dealing with issues relating to school violence, liability and more. Special pre-publication price- save 15% if you order before November 29, 2004, $50.96 regular price $42.46 ABA State and Local Government Law section members. To order or find more information including a complete table of contents, click http://www.abanet.org/abapubs/books/5330083

Current Trends and Practical Strategies in Land Use Law and Zoning, Patricia E. Salkin Editor: A practical guide with analysis on recent developments. Special pre-publication price- save 15% if you order before November 29, 2004, $80.71 regular price $59.46 ABA State and Local Government Law section members. To order or find more information including a complete table of contents, click http://www.abanet.org/abapubs/books/5330082

Housing Policy for the 21st Century: (Sept. 2004): The National Association of Home Builders, the National Association of Realtors along with several national bankers associations recently published a study of housing finance, growth controls, tax policy and government programs. Keeping in mind the decidedly pro-development perspective of the report, one can find a good deal of data and ideas about the housing dilemmas most cities face. http://www.nahb.org/publication_details.aspx?publicationID=1548

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