Summary of last class
Download
1 / 8

SUMMARY OF LAST CLASS - PowerPoint PPT Presentation

SUMMARY OF LAST CLASS ENDING FRITO-LAY : IMPORTANCE OF CHRONOLOGY IMPORTANCE OF ANALYZING STATUTE IMPORTANCE OF APPLYING THE STATUTE EXAMPLE: WHAT IS A “HEARING”? IMPORTANCE OF CLIENT’S GOALS AND MAKING ARGUMENTS IMPORTANCE OF THINKING ON YOUR FEET SUMMARY (CONT. )

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha

Download Presentation

SUMMARY OF LAST CLASS

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


SUMMARY OF LAST CLASS

ENDING FRITO-LAY:

IMPORTANCE OF CHRONOLOGY

IMPORTANCE OF ANALYZING STATUTE

IMPORTANCE OF APPLYING THE STATUTE

EXAMPLE: WHAT IS A “HEARING”?

IMPORTANCE OF CLIENT’S GOALS AND

MAKING ARGUMENTS

IMPORTANCE OF THINKING ON YOUR FEET


SUMMARY (CONT.)

OPEN MEETINGS ACTS (KEARNS)

PURPOSE

STRUCTURE: OPEN UNLESS EXEMPT

APPLYING THE LITIGATION EXEMPTION

STANDING, RIPENESS, AND EXHAUSTION

FASANO: CONTROLLING DISCRETION THROUGH PROCESS

QUASI-ADJUCATIVE “REZONINGS”?

PROCEDURES


FASANO I: REVIEW BASED ON NATURE OF THE PROCEEDING

THE LEGISLATIVE-ADJUDCATIVE DECISION

EFFECT ON JUDICIAL REVIEW

TRADITIONAL RULE FOR ZONINGS

RATIONALE

TEST FOR DETERMINING WHETHER LEGISLATIVE OR ADJUDICATIVE

POLICY v. APPLICATION OF POLICY

EXAMPLES


FASANO REVIEW II

STANDARD OF REVIEW THE COURT APPLIES: “SLIDING”

PUBLIC NEED

WILL NEED BE SERVED

DEGREE OF CHANGE

IS THIS WORKABLE?


FASANO REVIEW III

PROCEDURES BEFORE CITY COUNCIL: HOW WILL THEY CHANGE?

1. OPPORTUNITY TO BE HEARD

2. OPPORTUNITY TO PRESENT AND REBUT EVIDENCE

3. IMPARTIAL TRIBUNAL

4. RECORD AND ADEQUATE FINDINGS

5. BURDEN (?)


ETHICAL CONSTRAINTS: IN RE CONVERY

KEY FACTS:

  • THE FEE ARRANGEMENT

  • PROMISE TO ENGELS SR. TO ASSIST SON

    VIOLATION OF HATCH ACT

  • SPOKE WITH UNION REP. RE KENNY

    ENGELS DENIS ASKING WADE FOR HELP

    4. ENGELS SR. TELLS KENNY THAT CONVERY WOULD HELP WITH JOB


REASONS FOR DISCIPLINEIN RE CONVERY

1. HATCH ACT VIOLATION

2. IMPROPER INFLUENCE OF QUASI-ADJUDICATORY BOARD

WHAT IF THIS WAS A ZONE CHANGE?

CAMPAIGN CONTRIBUTIONS

EFFECT ON ADJUDICATION?

“REAL WORLD” EFFECT?


SUBSTANTIAL EVIDENCE TEST (SUNDERLAND)

SUBTEXT: NEIGHBORS’ RIGHTS and DEVELOPERS’ RESPONSES

SUNDERLAND

1.COURT’S APPROACH TO REVIEW OF THE FINDINGS

2. HOW THE “SUB. EVIDENCE” TEST WORKS


ad
  • Login