Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Law

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel Dec 1974

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.


Appeal No. 0013: Baldwin Producing Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review Oct 1974

Appeal No. 0013: Baldwin Producing Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Orders #130, and Amendments No.1 & 2 to Order #130


Mtm, Inc. V. Baxley, Lewis F. Powell Jr. Oct 1974

Mtm, Inc. V. Baxley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Doran V. Salem Inn, Inc., Lewis F. Powell Jr. Oct 1974

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr. Oct 1974

Gonzales V. Automatic Employees Credit Union, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Antoine V. Washington, Lewis F. Powell Jr. Oct 1974

Antoine V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bail In Missouri Revisited, Mark Berger Oct 1974

Bail In Missouri Revisited, Mark Berger

Faculty Works

During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …


Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr. Sep 1974

Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …


Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr. Sep 1974

Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.

Scholarly Works

The Georgia law of municipal annexation possesses a rich history both statutory and decisional. Strangely subdued in this history, however, is the concept of contiguity. Although this term has been stated and defined by the legislature, the concept has historically provoked little controversy, and the courts have stayed away from it with fervor. Recently, this has changed. The purpose here, therefore, is to mark what may well be the origin of a new chapter in the Georgia law of municipal annexation.


Powers Of The State Of Kentucky In Implementing An Effluent Tax As A Part Of An Interstate Ohio River Basin Water Pollution Control Program, Anita L. Morse, Edward Zeigler Sep 1974

Powers Of The State Of Kentucky In Implementing An Effluent Tax As A Part Of An Interstate Ohio River Basin Water Pollution Control Program, Anita L. Morse, Edward Zeigler

KWRRI Research Reports

This report is intended to set forth some of the problems and solutions involved in financing and regulating water quality control. The purpose is to record some of the major problems confronting those who legislate water quality, those who espouse technological answers, and those who see the problem in terms of economic solutions. The limits placed by political and institutional constraints on solutions to these problems are frequently not understandable.

Within this report are contained separate investigations: a study of federal-interstate relations and the interstate compact; a study of Kentucky's common law approach to water rights; a study of financing …


Discretion In Georgia Local Government Law, R. Perry Sentell Jr. Apr 1974

Discretion In Georgia Local Government Law, R. Perry Sentell Jr.

Scholarly Works

The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor …


Tennessee Senate Bill No. 1549 - 88th General Assembly, Tennessee General Assembly Mar 1974

Tennessee Senate Bill No. 1549 - 88th General Assembly, Tennessee General Assembly

Establishment of James H. Quillen College of Medicine

Following the passage of the Teague-Cranston Act, on February 14, 1974 Senator Nave of the Tennessee General Assembly called for consideration of state legislation to establish a medical school at East Tennessee State University. Eventually passing both the Tennessee House and Senate, the bill was vetoed by Governor Winfield Dunn of Memphis. Motions to override the veto were made in both chambers and were successful. Senate Bill no.1549 became law on March 6, 1974.


East Tennessee State University - Plan For Medical Education, East Tennessee State University Feb 1974

East Tennessee State University - Plan For Medical Education, East Tennessee State University

Establishment of James H. Quillen College of Medicine

With the passage of the Teague-Cranston Act and efforts to establish a medical school underway in the Tennessee Legislature, East Tennessee State University had already begun the planning process for the new medical school. This plan was submitted to the Tennessee Board of Regents on February 1, 1974 by the ETSU Medical Education Study Committee which clarified the specifics of what the Quillen College of Medicine would eventually become.

The physical copy of this item can be found in the Archives of Appalachia at East Tennessee State University. For access or more information please contact the Archives of Appalachia.


Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay Jan 1974

Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay

Faculty Articles and Papers

No abstract provided.


The Minnesota Tax Title: An Argument For Its Marketability -- The 1874 Forfeiture System From A 1974 Perspective, Donald H. Gjerdingen Jan 1974

The Minnesota Tax Title: An Argument For Its Marketability -- The 1874 Forfeiture System From A 1974 Perspective, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.


State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley Jan 1974

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.


Environmental Law And Construction Project Management, Michael S. Baram Jan 1974

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …