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Articles 1 - 30 of 35
Full-Text Articles in Law
Municipal Corporations—Fellow Servant Rule Not A Valid Defense To Liability Of City For Negligence Of Its Employee In Operating A Municipal Vehicle, Michael Swart
Buffalo Law Review
Poniatowski v. City of New York, 14 N.Y.2d 76, 198 N.E.2d 237, 248 N.Y.S.2d 849 (1964).
Municipal Corporations--Absolute Liability For Disrepair Of Streets, Charles Ellsworth Heilmann
Municipal Corporations--Absolute Liability For Disrepair Of Streets, Charles Ellsworth Heilmann
West Virginia Law Review
No abstract provided.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.
Michigan Law Review
Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …
Some Comments On The Reapportionment Cases, Paul G. Kauper
Some Comments On The Reapportionment Cases, Paul G. Kauper
Michigan Law Review
Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review
Michigan Law Review
The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …
The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton
The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton
Michigan Law Review
The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.
State And Local Contracts And Subcontracts, J. Edward Conway
State And Local Contracts And Subcontracts, J. Edward Conway
Buffalo Law Review
No abstract provided.
Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones
Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones
Buffalo Law Review
No abstract provided.
Supplementary Activities For State Governments Seeking To Eliminate Discrimination, Frederick B. Routh
Supplementary Activities For State Governments Seeking To Eliminate Discrimination, Frederick B. Routh
Buffalo Law Review
No abstract provided.
Procedure -- 1963 Tennessee Survey, William I. Harbison
Procedure -- 1963 Tennessee Survey, William I. Harbison
Vanderbilt Law Review
In two important decisions rendered during the survey period the Tennessee Supreme Court considered some of the aspects of joinder of actions under present circuit court practice. In the first of these, Necessary v. Gibson,' plaintiff joined a count for personal injuries resulting from defendants' alleged negligence with a count seeking recovery in contract based upon alleged promises of defendants to pay plaintiff for her injuries and expenses arising out of the same accident.
Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.
Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.
Vanderbilt Law Review
Obviously, the biggest event in the Tennessee law of commercial transactions this year was the enactment of the Uniform Commercial Code [hereinafter referred to as the U.C.C.]. That statute became effective in this state on July 1, 1964. Its effect on the prior Tennessee law is discussed in great detail elsewhere in this issue,' and need not be re-examined here. It should also be pointed out that the enactment of the U.C.C.required some modifications in the criminal statutes relating to security agreements. In particular, executing a second security agreement covering personalty, without disclosing a prior security agreement covering the same …
Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham
Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham
Vanderbilt Law Review
Although much of the interest engendered by the Uniform Commercial Code has centered around Article 9--Secured Transactions,and although Article 9 has been described as the heart of the Code, Article 2--Sales--is half again as long, is in many ways more iconoclastic,' and has precipitated perhaps more criticism than any of the other articles of the Code. Article 2 contains some innovations which are, at least upon initial impression, startling departures from traditional concepts of sales law, and it is therefore not surprising that there has been a spate of legal literature published on various aspects of this article. Since limitations …
Annual Survey Of Tennessee Law, John S. Beasley, Ii
Annual Survey Of Tennessee Law, John S. Beasley, Ii
Vanderbilt Law Review
The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was …
Business Associations--1963 Tennessee Survey, Robert N. Covington
Business Associations--1963 Tennessee Survey, Robert N. Covington
Vanderbilt Law Review
Section two of the act creating Tennessee's new Law Revision Commission charges that body with the duty to study and report to the next legislature on "the laws governing the organization and operation of corporations, partnerships and other forms of business and social endeavor." The study is now roughly a year old and is reportedly making good headway. Since much of our law of business organizations may therefore be changed in the near future, this Survey has been abbreviated as much as possible.
Conflict Of Laws--1963 Tennessee Survey, Elliott E. Cheatham
Conflict Of Laws--1963 Tennessee Survey, Elliott E. Cheatham
Vanderbilt Law Review
The most important development in conflict of laws for many years is the enactment of the conflict of laws provisions of the Uniform Commercial Code.' In adopting these provisions the General Assembly did much more than to fix the law for the specific matters covered, important though these are. The General Assembly rejected one widely urged method of choice of law, and it prescribed a wholly different one. It rejected the old vested rights theory which calls for the use of the law of the place of the last element of a transaction to govern the case, as, the place …
Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith
Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith
Michigan Law Review
The practice of law is impressed with a public interest. Whether by representation in a judicial proceeding or by advice on a legal problem, the lawyer renders professional service to the public. Preserving client confidences, assuring unquestioned loyalty, and rendering expert counsel are typical obligations of the legal profession. Another responsibility of lawyers is that of protecting the public from legal practice by unqualified laymen. Three areas of activity are involved in preventing unauthorized practice of law. Lawyers and public officials must define the practice of law/ investigate and prosecute unlicensed practitioners, and by judicial remedy prohibit further unauthorized practice. …
Tentative #1 Zoning Resolution County Commissioner's District No. 1, Volusia County, Florida, George W. Simons Jr
Tentative #1 Zoning Resolution County Commissioner's District No. 1, Volusia County, Florida, George W. Simons Jr
City and Regional Planning -- Florida
This contains a tentative Zoning Resolution for County Commissioner's District No. 1 for Volusia County, Florida. Dated 4/2/1964. (Missing pages 18-19)
Marshaling Claims--The Effect Of State Exemption Laws On Collection Of Government Liens, Boyd Lee Warner Ii
Marshaling Claims--The Effect Of State Exemption Laws On Collection Of Government Liens, Boyd Lee Warner Ii
West Virginia Law Review
No abstract provided.
Child Custody In A Federal System, Leonard G. Ratner
Child Custody In A Federal System, Leonard G. Ratner
Michigan Law Review
Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle
Michigan Law Review
Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …
Reservation Of Highway And Street Rights-Of-Way By Official Maps, Londo H. Brown
Reservation Of Highway And Street Rights-Of-Way By Official Maps, Londo H. Brown
West Virginia Law Review
No abstract provided.
British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown
British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown
Books
When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …
A Fresh Look At Kentucky's Stale Annexation Statutes, William G. Kohlhepp
A Fresh Look At Kentucky's Stale Annexation Statutes, William G. Kohlhepp
Kentucky Law Journal
No abstract provided.
Compensation For Loss Of Earning Capacity, Robert R. Wright
Compensation For Loss Of Earning Capacity, Robert R. Wright
Faculty Scholarship
No abstract provided.
Contracts And Sales, Douglass Boshkoff
Contracts And Sales, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Arkansas' Judiciary: Its History And Structure, Edwin H. Greenebaum
Arkansas' Judiciary: Its History And Structure, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Cleveland State Law Review
In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …
Governmental Immunity Of County Hospitals, Alice K. Henry
Governmental Immunity Of County Hospitals, Alice K. Henry
Cleveland State Law Review
The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.
Suggestions For Modernizing The Kentucky General Corporation Law To Meet The Needs Of Close Corporations, Willburt D. Ham
Suggestions For Modernizing The Kentucky General Corporation Law To Meet The Needs Of Close Corporations, Willburt D. Ham
Kentucky Law Journal
No abstract provided.