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Full-Text Articles in Law
Towards An Urban Disability Agenda, Samuel R. Bagenstos
Towards An Urban Disability Agenda, Samuel R. Bagenstos
Articles
The overwhelming majority of Americans with disabilities live in metropolitan areas. Yet those areas continue to contain significant barriers that keep disabled people from fully participating in city life. Although political and social debate has periodically turned its attention to urban issues or problems — or even the so-called “urban crisis” — during the past several decades, it has too rarely attended to the issues of disability access. When political debate has focused on disability issues, it has tended to address them in a nationally uniform way, without paying attention to the particular concerns of disabled people in cities. Even …
Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias
Social Bargaining In States And Cities: Toward A More Egalitarian And Democratic Workplace Law, Kate Andrias
Articles
A well-documented problem motivates this symposium: The National Labor Relations Act (NLRA) does not effectively protect workers’ rights to organize, bargain, and strike. Though unions once represented a third of American workers, today the vast majority of workers are non-union and employed “at will.” The decline of organization among workers is a key factor contributing to the rise of economic and political inequality in American society. Yet reforming labor law at the federal level—at least in a progressive direction—is currently impossible. Meanwhile, broad preemption doctrine means that states and localities are significantly limited in their ability to address the weaknesses …
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh D. Spitzer
Articles
This Article focuses on the tension between the late-nineteenth-century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” doctrine …
Detroit's Real Challenge, John A. E. Pottow
Detroit's Real Challenge, John A. E. Pottow
Articles
When Detroit became the largest city in U.S. history to file for bankruptcy, it was a bad thing—unless you have the unique world-view of a bankruptcy lawyer, in which case it was marvelous news, worthy of celebration.
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
Articles
Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow
Articles
The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Is A Municipal Fuel Yard A 'Public Service Plant'?, Evans Holbrook
Articles
In Consumers' Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 189 N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities." The suit was brought …
The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland
The Kansas Declaratory Judgment Act In Operation, Edson R. Sunderland
Articles
Statutes of Kansas authorized cities of the first class to carry out works of internal improvement and provide for payment of the cost thereof by issuing bonds of the city running no longer than ten years and bearing interest not exceeding five per cent. When conditions following the war made the marketing of five per cent bonds impossible at a price anywhere near par, the legislature enacted a new law authorizing the issuance of internal improvement bonds at six per cent interest, but requiring every such bond to contain a privilege of prepayment after five years from date. The city …
Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard
Public Utilities—Franchise Rates As Affected By The World War, Edwin C. Goddard
Articles
The economic convulsions due to the World War are abundantly reflected in the relations between the public and their public utilities operating under franchises fixing rates for service. The enormous rise in cost of labor and materials has, in many cases, so reduced the net income of such utilities as to make it a negative quantity at existing franchise rates. The utilities are crying to be saved from bankruptcy, but the unfortunate suspicion bred by past dealings of many such companies has made the public skeptical, and perhaps in many cases entirely unreasonable. In some cases plain selfishness may explain …
Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard
Public Utility Valuation - Going-Concern Value In Rate Making, Edwin C. Goddard
Articles
What is the effect of a city ordinance which proposes to a public utility company the terms on which it may dispose of its product to the users, but which is rejected by the company? As to a company not yet doing business it is clear that the ordinance when rejected becomes a mere legal nullity. It never was more than an offer that might ripen into a binding contract by acceptance. That it is by no means a nullity as to a utility actually operating in the city after the expiration of its franchise and as a mere tenant …
Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner
Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner
Articles
There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Surface Water In Cities, John R. Rood
Surface Water In Cities, John R. Rood
Articles
It is evident that no one hard and fast rule could be applied to all cases, either in city or country, without producing injustice and impolitic results. The needs and conditions in city and country are different. They usually differ widely in different parts of the same city. These considerations have induced the Supreme Court of New Hampshire to adopt the flexible rule, that: "In determining this question all the circumstances of the case would, of course, be considered; and among them the nature and importance of the improvements sought to be made, the extent of the interference with the …
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Liability Of Water Companies For Fire Losses, Edson R. Sunderland
Articles
In two recent articles published'in this Review, the question of the liability of water companies for fire losses was somewhat exhaustively discussed. The majority of the actions wherein it has been sought to hold water companies liable for fire losses suffered by private property owners, have been brought for breach of contract. In a few cases the theory adopted was that the water company owed a duty to all property owners, by reason of the public character of its service; and the fact that it was under contract with the city to furnish an adequate water supply and pressure for …
Some Legal Aspects Of Special Assessments, Frank L. Sage
Some Legal Aspects Of Special Assessments, Frank L. Sage
Articles
Taxes have been defined as "the enforced proportional contributions from persons and property levied by the state by virtue of its sovereignty for the support of the government and all public needs." The essential elements that we will notice particularly are two; first, that the contributions are proportional, that is, levied upon all in the same class according to some impartial standard, and second, that taxes can be levied for public purposes only.
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Power To Appoint To Office--Its Location And Limits, Floyd R. Mechem
Articles
At no other time in the judicial history of this country, if the evidence of the reported cases is to be relied upon, have there been so many and so bitter contests over all of the questions growing out of the title to public offices, as during the last ten or twelve years. This is undoubtedly largely accounted for by the fact that within that period a large number of the states have put in operation radically changed methods of conducting elections, based upon or practically incorporating what is popularly known as the Australian ballot system. In making these changes, …
Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner
Local Self-Government, So Called, As It Is Found In The Constitution Of Michigan, Otto Kirchner
Articles
It is not my purpose to enter upon a detailed examination of municipal government as it now exists, but to confine myself to the consideration of some of the constitutional limitations that rest upon the legislative power to deal with the matter.
Some Remarks Upon The Government Of Municipalities Suggested By The Experience, Growth And Development Of The City Of Grand Rapids, John W. Champlin
Some Remarks Upon The Government Of Municipalities Suggested By The Experience, Growth And Development Of The City Of Grand Rapids, John W. Champlin
Articles
The municipal government of the city of Grand Rapids has not in a11 respects been entirely successful. Dissatisfaction has manifested itself in parts of the community, especially in that portion which has to bear the burthen of taxation on account of increasing bonded indebtedness and the great increase of expenditures in carrying on the affairs of the city. Lack of discrimination in the objects of expenditure, and disregard of legal limitations upon the authority of the council, have caused uneasiness and comment. Notwithstanding these, the city has grown in population and material wealth, and I can say without self-adulation, is …