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Articles 1201 - 1230 of 1294
Full-Text Articles in Entire DC Network
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
University of Michigan Journal of Law Reform
For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …
Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm
Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm
Kentucky Law Journal
No abstract provided.
Negligence--Violation Of Safety Regulation As Negligence Per Se: The Perishable Sanction, David Lemaster
Negligence--Violation Of Safety Regulation As Negligence Per Se: The Perishable Sanction, David Lemaster
Kentucky Law Journal
No abstract provided.
The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon
The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon
Villanova Law Review (1956 - )
No abstract provided.
Constiutional Law - Balancing Test Employed To Resolve Conflict Between State Statute And Resulting Burden On Free Exercise Of Religion - State Interest In Compelling Compulsory High School Attendance Outweighed By Resulting Burden On Free Exercise Of Amish Religion, Michael G. Trachtman
Villanova Law Review (1956 - )
No abstract provided.
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
University of Michigan Journal of Law Reform
While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."
The Parole Board's Duty Of Self-Regulation, John P. Quinn
The Parole Board's Duty Of Self-Regulation, John P. Quinn
University of Michigan Journal of Law Reform
This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel
Publications
No abstract provided.
Newsletter - 1971-09-09, E. De La Garza
Newsletter - 1971-09-09, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Newsletter - 1971-07-29, E. De La Garza
Newsletter - 1971-07-29, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
Municipal Liability For Riot Damage Under Eminent Domain
Municipal Liability For Riot Damage Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander
Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander
Villanova Law Review (1956 - )
No abstract provided.
Criminal Law Revision In California, Arthur H. Sherry
Criminal Law Revision In California, Arthur H. Sherry
University of Michigan Journal of Law Reform
The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review
Michigan Law Review
Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …
Decentralization Of Metropolitan Government: Reform In Indianapolis, Charles T. Richardson
Decentralization Of Metropolitan Government: Reform In Indianapolis, Charles T. Richardson
University of Michigan Journal of Law Reform
This note will deal first with the reasons for centralization of local governments and how certain cities, especially Indianapolis, have achieved that goal. The issue of involving smaller communities in the solution to urban problems will then be discussed, first in the context of certain objections to the Indianapolis consolidation, then in the context of the achievement record of community development corporations, and finally with relation to MINIGOV itself. Part IV will consider specific sections of the MINIGOV bill dealing with citizen participation in land use planning and development, and Part V will more broadly compare the Indianapolis scheme to …
Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey
Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey
Law Faculty Research Publications
Over 65 cases were decided by Michigan courts during the Survey period dealing with some aspect of property law. Most of these cases raise property questions which are only incidental to nonproperty issues and, as a result, will not be discussed in this article. Similarly, those cases which have no precedential value, restate old law, or confirm an established trend are not considered worthy of discussion. Accordingly, in our judgment, only 16 property cases decided during the Survey period merit protracted attention.
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Michigan Law Review
In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.
Newsletter - 1969-10-23, E. De La Garza
Newsletter - 1969-10-23, E. De La Garza
Kika de la Garza Congressional Papers - Newsletters
No abstract provided.
The Virginia Habitual Offender Act
The Virginia Habitual Offender Act
Washington and Lee Law Review
No abstract provided.
The Council-Of- Governments Approach To Governmental Fragmentation, Louis F. Comus, Jr.
The Council-Of- Governments Approach To Governmental Fragmentation, Louis F. Comus, Jr.
Vanderbilt Law Review
Much of the current literature in the field of metropolitan government either sets forth examples of governmental difficulties and inefficiencies which result from the urbanization of our population or merely assumes that such difficulties exist. In either case the prescription usually involves some sort of "metropolitanization" of urban governmental structure. Since such prescriptions are aimed either at metropolitan difficulties in general or at particular inefficiencies, it is useful to consider some of the more frequent complaints. One factor often cited as contributing to various urban ills is the archaic governmental structure of many county governments in metropolitan areas. Counties which …
Penal Code Reform In Indiana: Piecemeal Amendment Is Not The Answer, Richard C. Lague
Penal Code Reform In Indiana: Piecemeal Amendment Is Not The Answer, Richard C. Lague
Indiana Law Journal
No abstract provided.
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Michigan Law Review
Experience indicates that in most instances the right to strike is not an essential part of the public employment collective bargaining process.18 Thus, the crucial issue is not really whether strikes should be permitted or prohibited in the public sector, but whether the collective bargaining process itself can be made so effective absent the right to strike that the need for work stoppages will be obviated. It is my conclusion that certain proven impasse resolution procedures--mediation, fact-finding, and in some cases, even arbitration--can be substituted for the strike weapon in public employment without substantial loss in the effectiveness of collective …
Criminal Law--Stop And Frisk--The Need For Legislative Reform, Charles D. Weaver Jr.
Criminal Law--Stop And Frisk--The Need For Legislative Reform, Charles D. Weaver Jr.
Kentucky Law Journal
No abstract provided.
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Michigan Law Review
The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …
Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley
Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley
Scholarly Articles
No abstract provided.
Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.
Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.
Georgia Law Review
The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …
Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr
Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr
Georgia Law Review
T HE social problem of alcoholism may be divided into two categories: (1) that of the "visible" alcoholic or "chronic alcoholic court offender" whose illness is manifested hundreds of thousands of times per year either on city streets, or in countless city and county stockades acoss the country; and (2) that of the "invisible" alcoholic whose illness is just as serious, but whose social and economic position permits him to suffer through years of alcoholism without being arrested or taken before a magistrate for being drunk in public. It is estimated that over 6,500,000 persons in the United States are …
A Seat On The Sidelines: The Georgia Appellate Judiciary And The Public Forum, D. Grier Stephenson, Jr
A Seat On The Sidelines: The Georgia Appellate Judiciary And The Public Forum, D. Grier Stephenson, Jr
Georgia Law Review
THE use of streets and parks for expression of one's ideas has been a part of American political history since the early years of the Republic. The town meeting in New England and the courthouse rally in the South have brought citizens together to hear their neighbors and long-winded politicians speak on the issues, hopes, and fears of the day. The campaign barbecue, the sidewalk sermon, and the Fourth of July oration have reflected in a special way some aspect of the American culture. But the accessibility and the availability of this ready-made public forum provide more than a political …
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Cleveland State Law Review
The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.
The Ex-Convict's Right To Vote, David H. Getches