Law Commons^™

East Carroll Parish School Board V. Marshall, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Hortonville Joint School District No. 1 V. Hortonville Education Association, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Kleppe V, New Mexico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bryan V. Itasca County, Minnesota, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

"Reference Statutes"--Borrow Now And Pay Later?, R. Perry Sentell Jr.

Scholarly Works

In 1923, the General Assembly of Nod enacted the "Statute of Paul" (so designated because of the sponsoring legislator, Paul Perfect), which empowered municipalities of Nod (called "sleepy hollows") to issue licenses to individuals wishing to engage in legitimate private enterprises. One provision of the Paul Statute directed that applicants for such licenses "must make application in the mode prescribed by Code Section 23-112, dealing with county licesning [sic] of pickle processors" (popularly known as the "Peter Pickle Statute"). In 1923, Code Section 23-112 required that an applicant for a pickle processing license submit his application to county licensing authorities …

Appeal No. 0020: A. Joseph Vohlers And Margaret H. Vohlers 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 Order No. 211

Appeal No. 0021: Mansfield Drilling Company, Inc. 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 Order No. 212

Selected Oddities In Georgia Municipal Law, R. Perry Sentell Jr.

Scholarly Works

Generally speaking, practitioners, jurists, professors, legislators, and students desire certainty in the law. For those interested in the law of municipal corporations in Georgia, however, that search for certainty is frequently frustrating, if not impossible. In his Article, Professor Sentell points to a number of Georgia constitutional and statutory rules which, when read with the interpretations of these provisions by the Georgia courts, generate uncertainty and confusion for one confronted with a question in municipal corporation law. The discussion begins with a look at the definitional uncertainty of what is a municipal corporation under Georgia law, turns next to an …

Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis

Scholarly Works

The common law rule of governmental immunity made governments immune from suit and held public officials personally liable for the torts they committed in the performance of their duties. In recent years, however, the law of tort liability has moved toward the increased immunity of governmental officials and employees and the increased liability of governmental units. In this Article Professor McManis first outlines the notion of sovereign immunity, following with an analysis of the nature and the scope of the immunity afforded governmental official sunder federal and state law, with a particular emphasis on the law of Georgia. The author …

State Consumer Protection In A Federal System, Robert M. O'Neil

Articles by Maurer Faculty

Increasing interest in consumerism has brought intensified efforts at every level of government to protect the consumer. While federal regulation seems desirable for nationally marketed products and interstate activities, the states retain the duty to protect the health and safety of their citizens. Where state regulation is more restrictive than concurrent federal regulation, however, the constitutional issue of preemption arises.

This Article analyzes the factors which have influenced the courts in resolving conflicts between federal and state regulation in the consumer field. Emphasizing the need for concurrent regulation, the author formulates guidelines by which the courts can examine the purposes …

The Role Of Tax Policy In Federal Support For Higher Education, John B. Kirkwood, David Mundel

Faculty Articles

The federal government has a wide range of instruments by which it can influence the nation's higher education system to produce socially desired outcomes. The challenge facing policymakers and planners is to maximize these socially desirable outcomes by selecting a desirable mix of programs and distributing among them scarce financial resources. This paper will attempt to (a) outline the bases for a policy development process that maximizes the desired program selection, and (b) identify possible roles of tax instruments in federal higher education policy.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Book Chapters

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggests that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle

Faculty Scholarship

There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fate of individual liberty in this Nation is in the hands of a Supreme Court whose newest members, cast in the intellectual likeness of a disgraced Executive, lack sufficient sensitivity to libertarian ideals to preserve the American democracy as we know it. Particularly for those who found in the Warren Court the moral leadership necessary to move the country toward a just resolution of the perplexing social problems that plague us all, the skies seem dark. Our constitutional system has always …

Drinking Water Regulation, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.