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State and Local Government Law Commons™
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Articles 1 - 18 of 18
Full-Text Articles in State and Local Government Law
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Growth And Development Of The Police Power Of The State, Collins Denny Jr
Michigan Law Review
The police power of the state is one of the most difficult phases of our law to understand, and it is even more difficult to define it and to place it within any bounds. In speaking of this power the court has recently said: "It extends not only to regulations which promote the public health, morals, and safety, but to those which promote the public convenience or the general prosperity. * * * It is the most essential of powers, at times the most insistent, and always one of the least limitable of the powers of government."' The term is …
The Court Of Industrial Relations In Kansas, H W. Humble
The Court Of Industrial Relations In Kansas, H W. Humble
Michigan Law Review
Most of the articles which have heretofore appeared in print in reference to the new Court of Industrial Relations in Kansas have beet taken up with such matters as the nationality of Alexander Howat; president of the 'Kansas district of the United Mine Workers, the cost and frequency of strikes among miners, the ideals of Governor Henry J. Allen and others responsible for the creation of the new Court and the like. But little has found its way -into print in the way of an exact analysis of the jurisdiction, powers and methods of procedure of this'tribunal. Such an analysis …
Trust Company In Michigan, Ralph Stone
Trust Company In Michigan, Ralph Stone
Michigan Law Review
A trust company in Michigan is a financial and business institution. It came into being, in this state -as elsewhere, in response to the need for an efficient and business-like organization to administer estates and trusts of all kinds as a relief to the individual executor, administrator and trustee. The ever -increasing complications of business and finance placed a burden upon the individual- the relative, the friend, or the business associate-which he found he could not carry without considerable sacrifice either to his own interests or to those of the trust. Those who create trusts either by will, or private …
1921 Education Funding Bill. State Of Tennessee 62nd General Assembly., Tennessee General Assembly
1921 Education Funding Bill. State Of Tennessee 62nd General Assembly., Tennessee General Assembly
Establishment of ETSU
Passed April 7, 1921 by the 62nd General Assembly of the state of Tennessee, Senate Bill no.856, overhauled education funding within the state. All state education funds were combined into one fund thereafter known as the State School fund, to be appropriated according to the provisions of this bill. After other expenses, Senate Bill no.856 established 4.5% of all remaining state funding would be distributed to each of the normal schools.
Rent Regulations Under The Police Power, Alan W. Boyd
Rent Regulations Under The Police Power, Alan W. Boyd
Michigan Law Review
Conditions resulting from the widespread housing shortage caused by the cessation of building during the war have given rise to legislation which must seem startling indeed to much of the legal talent surviving from a generation ago. The outstanding example is to be found in the New York laws which so far have succeeded admirably in eluding the constitutional pitfalls relied upon to nullify them. Three provisions have borne the brunt of the attack. The first prevents the recovery of an unreasonable rent in an action at law, and places the burden of showing reasonableness upon the landlord." Another suspends …
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
Michigan Law Review
Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.
Departure From Precedent, H W. Humble
Departure From Precedent, H W. Humble
Michigan Law Review
With the death of the reason for it, every legal doctrine dies.' * * * The fact that the reason for a given rule perished long ago is no just excuse for refusing now to declare the rule itself abrogated, but rather the greater justification for so declaring; and if no, reason ever existed, that fact furnishes additional justification. The doctrine of stare decisis does not preclude a departure from precedent established by a series of decisions clearly erroneous, unless property complications have resulted and a reversal would work a greater injury and injustice than would ensue by following the …
New Hampshire Constitutional Convention, Leonard D. White
New Hampshire Constitutional Convention, Leonard D. White
Michigan Law Review
New Hampshire's tenth constitutional convention, upon whose labors the voters will pass judgment in November, 1920, offers a striking contrast to most constitutional conventions of recent years.' It met originally in June, 1918, sat for three days, during which it organized, appointed its committees, debated andt disposed of an important constitutional question, and then adjourned awaiting the quieter days of peace. Upon reconvening in January, igo, it concluded its work within seventeen days, at an expense of less than $5oooo, and proposed only seven amendments, five of which had been submitted to the voters by previous conventions. For a body …
A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke
A Legislative Reference Bureau For West Virginia, Maurice T. Van Hecke
West Virginia Law Review
This paper suggests the benefits that might be derived from the establishment and maintenance of a legislative reference bureau in West Virginia. Similar agencies are now functioning in a majority of the states and at the national capital. It is understood that a need for such a bureau has developed in this state, and that a bill providing for the creation of a legislative reference bureau will be presented to the legislature at this session.
The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay
The West Virginia Law Permitting Corporations To Issue Stock Without Par Value, Buckner Clay
West Virginia Law Review
No abstract provided.
The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland
The Usefulness Of Intervention As A Remedy In Attachment, Edson R. Sunderland
Articles
While rules of procedure are not saved from the rude hand of the reformer by the "due process" guarantees of our constitutions, they do rest, nevertheless, under the very efficient protection of professional conservatism. Such rules are looked upon by the bench and bar as their own special concern, and innovations in this field must maintain the burden of proving their character before both the lawyer members of the legislature and the lawyers and judges who interpret them in the course of litigation. It would be natural, therefore, to expect that a proposed reform in procedure would have to meet …
Declaratory Judgments, Edson R. Sunderland
Declaratory Judgments, Edson R. Sunderland
Articles
The widespread interest in this new form of remedial instrument, which was somewhat dashed by the recent decision of the Michigan Supreme Court in Anway v. Grand Rapids Ry. Co. (1920), 211 Mich. 59, holding declaritoty relief to be non-judicial and outside the constitutional power of courts (19 MICH. LAW REV. 86), has been revived by the action of the legislature of Kansas in enacting a declaratory judgment statute almost identical with the Michigan act. This was done with full knowledge of the decision in the Anway case, and inasmuch as it is well known that some of the judges …
The State Judiciary, John D. Carroll
Judges And Advocates Of Kentucky, E. J. Mcdermott
Judges And Advocates Of Kentucky, E. J. Mcdermott
Kentucky Law Journal
This article was originally published in the American Law Review, vol. 4, no. 6.
Public Policy And Personal Opinion, John B. Waite
Public Policy And Personal Opinion, John B. Waite
Articles
THE real relation of economics to law, only recently acquiring positive recognition, is illuminated by the varying decisions in regard to attempted restrictions on the enjoyment of personal property.
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Declaratory Judgment - Declaring Rights Under The Guise Of Granting An Injunction, Edson R. Sunderland
Articles
It has often been held that a party may obtain a judicial determination of his rights in respect to legislation alleged to be invalid, by means of an application to a court of equity for an injunction restraining the enforcement of the statute. Ex parte Young (1907) 209 U. S. 123, is the leading case of this type. There, a railroad rate statute was involved, which required compliance by all railroad companies in the state, under the threat of heavy penalties. The railroad actually violated the provisions of the statute after an injunction had been obtained by a stockholder restraining …
Declaratory Judgments, Ralph W. Aigler
Declaratory Judgments, Ralph W. Aigler
Articles
The Declaratory Judgments Act of Michigan (Act No. 150, P. A. 1919) provided as follows: (Sec. 1) "No action or proceeding in any court of record shall be open to objection on the ground that a merely declaratory judgment, decree or order is sought thereby, and the court may make binding declarations of rights whether any consequential relief is or could be claimed, or not, including the determination, at the instance of anyone claiming to be interested under a deed, will or other written instrument, of any question of construction arising under the instrument and a declaration of the rights …
The Uniform Partnership Act And Its Effect Upon The West Virginia Decisions And Statutes Ii, J. R. Trotter
The Uniform Partnership Act And Its Effect Upon The West Virginia Decisions And Statutes Ii, J. R. Trotter
West Virginia Law Review
No abstract provided.