Law Commons^™

Book Reviews, John C. Wahlke, Walter P. Armstrong, Jr.

Vanderbilt Law Review

The State Legislative Institution By Jefferson B. Fordham Philadelphia: University of Pennsylvania Press. 1959. Pp. 109.

reviewer: John C. Wahlke

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Handling Accident Cases By Albert Averbach Rochester: The Lawyers Co-operative Publishing Co. 1958. Pp. xii, 1505.

reviewer: Walter P. Armstrong, Jr.

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman

Michigan Law Review

More than any other individual, Professor Edson R. Sunderland has had a tremendous impact upon the Michigan law of procedure. The procedural reforms which he urged and molded into the Michigan law of procedure have been in use for nearly half a century, and to this day are the framework for our procedural laws.

Admission Of Extrinsic Evidence In Cases Involving The Validity Of Statutes And Ordinances In Indiana

Indiana Law Journal

No abstract provided.

The Supreme Court And The Decline Of State Power, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Injunctive Relief Against Picketing Under The Indiana Right To Work Law

Indiana Law Journal

No abstract provided.

Local Government Law--1959 Tennessee Survey, A. E. Ryman, Jr.

Vanderbilt Law Review

Local government law is primarily made up of special exceptions to and provisions concerning laws of general application, both substantive and procedural. Starting with that premise, this survey is classified into two basic subsections: exceptions resulting from relations between sovereign agents, and exceptions resulting from relations between a sovereign agent and private parties. Because of a trend believed to be of significance with regard to other areas of law, the section on financial policy is considered separately as another subdivision herein.

Satisfactory review of all of the substantive legal subjects touched upon by decisions and legislation which involved local agents …

Municipal Liability For Failure To Provide Police Protection

Washington and Lee Law Review

No abstract provided.

State And Local Government, Donald P. Lehne, John F. Colgrove, James D. Nutting

Washington Law Review

Covers cases on municipal corporations—labor unions—right of municipal employees to strike—governmental and proprietary functions (Lehne); on the incorporation of municipalities—delegation of legislative powers (Colgrove); on the legislative power of first-class cities—use of parking meters for private advertising purposes upheld (Nutting); and on eminent domain—market value—valuation of mineral deposits (Colgrove).

Constitutional Law--Sovereign Immunity Of State Agency, R. G. D.

West Virginia Law Review

No abstract provided.

Present And Possible Future Enforcement Procedures In Claims Against The State, T. E. P.

West Virginia Law Review

No abstract provided.

Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh

Michigan Law Review

Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …

Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney

Michigan Law Review

A Review of Responsibility of States for Unlawful Acts of Their Armed Forces. By Alwyn V. Freeman.

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

Municipal Corporations--Taxation--Validity Of License And Use Taxes On Public Utility, J. J. P.

West Virginia Law Review

No abstract provided.

Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed.

Michigan Law Review

Decedent Schuster supplied information to the police which led to the arrest of the notorious Willie "The Actor" Sutton. After decedent's part in the arrest was widely publicized he received threats against his life. He demanded police protection, which was denied on a belief that the threats were not seriously made. Three weeks later the decedent was shot and killed by an unknown assailant. Plaintiff, administrator of decedent's estate, sued the defendant city to recover damages for wrongful death. The supreme court dismissed the complaint, and the appellate division affirmed. On appeal, held, reversed, three judges dissenting. The complaint …

Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.

Michigan Law Review

This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.

Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse

Michigan Legal Studies Series

The method of approach and arrangement of materials are developed during the course of the monograph. Therefore, it is not necessary to repeat them here. The purpose of the study is twofold. First, it should provide background material for constitutional revision. Second, it should aid counsel and court in deciding cases arising under existing constitutional limitations and state legislatures in drafting tax measures in such a way that pitfalls in existing limitations are avoided. The greater part of this monograph was prepared during a two year period from June 1951 to 1953, while I was a Research Assistant with the …

Urban Renewal--Essentials Of The Federal Program, Robert E. Adams

Kentucky Law Journal

No abstract provided.

Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer

Kentucky Law Journal

No abstract provided.

Foreward, William T. Muse

University of Richmond Law Review

The reception accorded the first number of the University of Richmond Law Notes, published last spring, has been most gratifying. It has encouraged the Faculty to prepare this second number, which also is being distributed to all alumni of the Law School through the courtesy of the University of Richmond Law School Association. There has been a modest volume of requests for copies of the first issue from non-alumni members of the bar and from many law libraries.

Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy

University of Richmond Law Review

Whereas most Virginia lawyers know about the rule against perpetuities, many of the same lawyers do not know what it is all about. Perpetuities is a dry and dismal subject to an active practitioner, and the state of abject bewilderment with which he was indoctrinated about the rule against perpetuities while in law school lingers on to haunt his memory. for the balance of his professional career. It is not until an actual client appears with a perpetuities problem that the same practitioner is forced to face the stark realities of the rule. It is only then that the complexities …

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

Compulsory Underground Wiring - A Battle Rejoined In Public Utility Law, Neale F. Hooley

Villanova Law Review

No abstract provided.

County Home Rule: Freedom From Legislative Interference, James L. Magavern

Buffalo Law Review

No abstract provided.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Non-Domiciliary Decedents' Estates: A Problem For Title Examiners In New York, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

An Historical Analysis Of The Kentucky Workmen's Compensation Law, Herbert L. Segal

Kentucky Law Journal

No abstract provided.