3 Urb. St. & Loc. L. Newsl. 1 (1980)

handle is hein.journals/stlolane18 and id is 1 raw text is: 










Section of Urban, State and
  Local Government Law
  American Bar Asgociation
  Vol. 3, No. 1, Winter 1980


Highlights of Upcoming 1980 Annual Meeting in Honolulu


There is still time to secure reservations for the 1980 Section
Meeting which will be held in Honolulu's Hyatt Regency Hotel on
August 2,3 and 4. The Section's program is being purposely com-
pressed to three days in order to give members ample time to
sight-see or just relax on Honolulu's beautiful beaches. This
year's program will offer a broad range of stimulating topics of in-
terest and Importance to both private and governmental practi-
tioners, including:
  I. State and local administration of federal policies-a strain
    on American federalism.
    A. Local administration of federal educational policies-a
        plea for local control of local schools compared with the
        importance of local compliance with national school
        policies.
    B. Labor standards tied to federal grants-in-aid-the bitter
       with the sweet compared with national goals for national
       dollars.
    C. Local administration of federal transportation policies-
       the local viewpoint compared with the national view-
       point.
    D. Local administration of federal policies concerning
        public borrowing-the local viewpoint compared with
        the national viewpoint.
 II. Antitrust and local government- measures local govern-


     ment can take to avoid antitrust liability under City of
     Lafayette v. Louisiana Power & Light Co., 435 U.S. 389 (1978).
 Ill. Bankruptcy and local government-exploration of the
    default provisions in various security documents used in
    municipal financing in light of the new bankruptcy code.
 IV. Municipal leasing-exploration of the developments in
    municipal leasing, including tax consequences with respect
    to lenders, equity owners and the use of leverage leasing in
    municipal finance.
 V. Arbitration of public works contract disputes (in conjunction
    with the Section of Public Contract Law).
    A. The problem of disputes resolution in public works con-
        tracts.
    B. The Uniform Arbitration Act for commercial disputes.
    C. Construction contract arbitration.
    D. State and local government construction contract arbi-
        tration including the California experiment.
 VI. Land Use Controls-Modern Growth Management
    Systems- Vesting and Transfer of Development Rights.
  Concluding the Section's program will be Bob Freilich's always
eagerly awaited overview of the past year's major developments in
urban, state and local government law. Bob's analysis is invariably
informative, stimulating and provocative. It provides a fitting
climax to the Section's program.


         Council Establishes a New
Section Committee on Public Elections

                       by David Cardwell


Recent years have seen ever increasing judicial attention being ac-
corded to the various types of elections conducted at state and local
government levels. Both state and federal courts have been reviewing
controversies involving not only the election of public officials, but
also concerning tax and bond refunds, initiatives, annexation, and
special tax and special tax district elections. Since the famous United
States Supreme Court legislative reapportionment decisions of the
sixties, judicial scrutiny of the composition of state legislatures has
dramatically affected that level of government. Attention is presently
being focused on local government bodies, particularly from the
aspect of possible dilution of the voting strength of minorities. Nearly
every state now requires the disclosure of campaign finances and
many regulate the manner of receiving contributions and making ex-
penditures.
   Elections are the keystone of democratic government. They must
 operate in a proper manner under the law to maintain popular faith in
 the institutions goveming society. It is the responsibility, and
 perhaps the duty, of lawyers to be in the forefront of the effort to main-
Copyright  1980 American Bar Association


tan this vital credibility. Few elections, particularly major ones, are
held today without the intervention of lawyers at least in an advisory
capacity.
  With this increased participation by lawyers in the substantive and
procedural aspects of election laws, it is evident that the organized
Bar can serve a vital function of providing a forum for a discussion of
election law developments and a study of emerging issues. The
Public Elections Committee established by the Council of our Sec-
tion at the 1979 annual ABA meeting in Dallas can provide such a
forum.
  The Committee's area of concern will include the administration of
elections at the state and local levels. This specifically includes the
manner in which elections are conducted, voter eligibility, voting
systems, and ballot preparation. The role of candidates will be ex-
amined from the standpoint of qualification, ballot access, ballot
location, resign-to-run, and fair campaign practices.
  The ever-present aspect of campaign finance regulation, including
                                    (continued on next page)
                                  Produced by the ABA Press


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