Updated: 11/10/05; 3:12:49 PM. |
Rory Perry's Weblog Law, technology, and the courts Ideas on shifting newspaper delivery by a fellow WV legal blogger
Brian Peterson has some interesting thoughts in this post about how newspapers could improve service to their readers. In my view, some of the shifting he discusses is already taking place in the adoption of XML syndication formats by big media outlets and others. Brian has been delivering a wide variety of legal news and commentary about issues affecting West Virginians on his blog for just over a year now, and I'm sure he's gaining new readers every day. Glad to see there's an RSS feed as well. 5:24:36 PM [Permanent Link]LISA Network created to provide legal reviews of information standards
David Fletcher consistently does a great job of reporting the progress of many different e-government information initiatives, both in Utah and elsewhere, including this interesting post about the need for governmental efforts to build "trust" in the digital environment. In that spirit, I'd like to pass along a link I stumbled upon this week to a new initiative founded by some of the European LEXML folks (i.e., 1, 2), called the LISA Network, whose stated goal is to "enhance legally founded trust in the use of information standards" by contributing legal reviews of information standards, and participating in ongoing debates and design activites. There's a new blog, with an RSS feed. Certainly worth following. 5:03:44 PM [Permanent Link]Economic Development Grant Opinion Released The Court today issued a highly-anticipated opinion relating to the constitutionality of West Virginia Code 26-22-18a(d)(3), which outlines a process for appointing members of a grant committee that is charged with allocating over 200 million dollars in state funds for economic development projects. The case summary follows. SER WEST VIRGINIA CITIZENS ACTION GROUP v. WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY, et al., No. 31125 (ALBRIGHT, J)(Starcher, C.J., concurring)(Maynard, J., dissenting)(McGraw, J., concurring in part and dissenting in part)(May 16, 2003). Granting mixed relief from an order of the Circuit Court of Kanawha County, in a constitutional challenge to WV Code 26-22-18a(d)(3), which outlines a process for appointing members of a grant committee charged with allocating state funds for economic development. Holding that legislative involvement in the appointment process impermissibly encroaches upon the executive power of appointment, thereby violating the separation of powers provision in article five, section one, and the appointments provision in article seven, section one of the WV Constitution. Holding further that the statute's broad statement of legislative intent, with insufficient guidance for the execution of that legislative intent, is an unconstitutional delegation of powers in violation of article six, section one of the WV Constitution. Further holding that the circuit court was correct in determining that financing mechanism established for payment of the revenue bonds at issue properly comes within the "special revenue fund" doctrine and therefore passes constitutional muster. Given the constitutional infirmities, holding that the actions previously taken by the Committee with regard to approving various grant applications are of "no force and effect." Finally, "[a]ssuming that the Legislature desires to proceed with this statutory approach of encouraging economic development, it is incumbent upon the Legislature to amend the subject legislation to provide for the executive appointment of members of the Grant Committee without use of a submitted list of nominees from the presiding officers of the two houses of the Legislature and to provide further guidance in the form of legislative standards that will enable the Committee to perform its statutory task of reviewing and selecting among the submitted project applications in accord with the announced legislative objective of economic development." 1:01:56 PM [Permanent Link]
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