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Articles 10681 - 10710 of 11284
Full-Text Articles in Entire DC Network
Municipal Corporations-Standards Required In Licensing Ordinances
Municipal Corporations-Standards Required In Licensing Ordinances
Michigan Law Review
Defendant appealed from conviction for operating a used auto business without obtaining a license for such business under a city ordinance requiring same to be granted by the city commission if in its opinion applicant was a proper and suitable person, the place to be used was proper, having in mind the nature and character of the business and possibility of commission of crime, and the sanitary facilities thereon were proper. There was no specific legislative grant for passage of such ordinance. Defendant's application was rejected by the commission mainly because of lack of proper sanitary facilities. Held, standards …
Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs
Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Eminent Domain-Validity Of State Statute
Eminent Domain-Validity Of State Statute
Michigan Law Review
As upon certiorari, the New Mexico Supreme Court considered the question, whether it is "within legislative competence to declare a public use in the industry of coal mining, so as to permit taking private property in aid of it." Plaintiff had obtained a judgment of condemnation, and defendant attacked it as offensive to the New Mexico constitutional provision: "Private property shall not be taken or damaged for public use without just compensation." The opinion recognized the existence of an "orthodox" and a "liberal" doctrine of construing "public use." While the court found that, unlike Nevada's or Utah's, New Mexico's well-being …
Foreclosure Receiverships In Kentucky, Martin R. Glenn
Foreclosure Receiverships In Kentucky, Martin R. Glenn
Kentucky Law Journal
No abstract provided.
Constitutional Law-Martial Law-Suspension Of The Law
Constitutional Law-Martial Law-Suspension Of The Law
Michigan Law Review
Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …
Municipal Corporations-Regulation Of Gas Stations-Delegation To Property Owners Of Power To Modify Zoning Restrictions
Michigan Law Review
A city ordinance prohibited the installation of gasoline filling stations within the city except after obtaining the written consent of 51 per cent of the property owners within a radius of six hundred feet from the site. Relator, without obtaining the required consent, asked for a writ of mandamus, which was refused. The court held the regulation not arbitrary but substantially relating to the public safety and welfare, and not a delegation of legislative powers. State ex rel. Standard Oil Co. v. Combs, 129 Ohio St. 251, 194 N. E. 875 (1935).
Corporations-Amendment Of Corporate Charters-Power Of The Legislature To Authorize Changes In Intracorporate Affairs
Michigan Law Review
In 1819, in the leading Dartmouth College case, Justice Story suggested that a state might easily retain control over its corporations by the simple expedient of reserving the power to alter, amend, or repeal the charter. The states were quick to accept the suggestion, but the real extent of this reserved power has never been definitely ascertained. A minority of the state courts, led by New Jersey, have held that this reserved power extends only over the contract between the state and the corporation; whereas a great majority have adopted the view that it extends over the contract between the …
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Municipal Corporations-Constitutionality Of Municipal Debt Readjustment Act
Michigan Law Review
To avail itself of the remedial provisions of the National Bankruptcy Act as amended by section 80, the Imperial Irrigation District, a taxing district within the State of California, filed a petition for the readjustment of its debts. Pursuant to the requirements of section 80 the petition alleged that the District was unable to meet its debts and that a plan of readjustment had been accepted by 87.31 per cent of the creditors. Contestants, owners of petitioners' bonds, intervened. Held, section 80 of the National Bankruptcy Act as applied to the readjustment of the debts of an irrigation district …
Edward Livingston And His Louisiana Penal Code, Jerome Hall
Edward Livingston And His Louisiana Penal Code, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Regional Agencies For Metropolitan Areas, Ralph F. Fuchs
Regional Agencies For Metropolitan Areas, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Extraterritorial Powers Of A Municipality, William Hemingway
The Extraterritorial Powers Of A Municipality, William Hemingway
Kentucky Law Journal
No abstract provided.
Housing Legislation In Kentucky, Byron Pumphrey
Housing Legislation In Kentucky, Byron Pumphrey
Kentucky Law Journal
No abstract provided.
Special And Local Legislation, Lyman H. Cloe, Sumner Marcus
Special And Local Legislation, Lyman H. Cloe, Sumner Marcus
Kentucky Law Journal
No abstract provided.
The Public Service Commission Of Kentucky, Orba F. Traylor, Roy H. Owsley
The Public Service Commission Of Kentucky, Orba F. Traylor, Roy H. Owsley
Kentucky Law Journal
No abstract provided.
Housing Legislation In Kentucky (Cont.), Byron Pumphrey
Housing Legislation In Kentucky (Cont.), Byron Pumphrey
Kentucky Law Journal
No abstract provided.
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1933-1935], Mississippi. Secretary Of State
Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1933-1935], Mississippi. Secretary Of State
Mississippi Blue Books
No abstract provided.
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
The Unicameral Legislature In Nebraska, Lester B. Orfield
The Unicameral Legislature In Nebraska, Lester B. Orfield
Michigan Law Review
It is perhaps not exaggerating to say that no more far-reaching innovation in state government has been adopted in recent years than Nebraska's unicameral legislature. It is an axiom of political science - somewhat modified, to be sure, by the growth of administrative tribunals - that there are three branches of government: legislative, executive and judicial. Nebraska has drastically changed the first of these three by adopting a single-house legislature. This question whether the legislature shall consist of one or two houses has become the chief problem of legislative structure during recent years. The model state constitution drafted by the …
Model Law For Planning Cities, Counties And States, Jeff B. Fordham
Model Law For Planning Cities, Counties And States, Jeff B. Fordham
West Virginia Law Review
No abstract provided.
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Bills And Notes - Bad Faith On Part Of Pledgee Taking Bonds
Michigan Law Review
Defendant, a Wisconsin firm, issued certain bearer bonds secured by a mortgage held by the T corporation, as trustee. A provision in the mortgage defining the duties of the trustee in the disposition of bonds delivered to it was incorporated into the bonds by reference. The trustee being insolvent, plaintiff bank, as pledgee of some of the bonds taken to secure personal loans to the trustee, petitioned the referee in bankruptcy for permission to sell them, claiming to be a bona fide pledgee for value. Held, since federal courts are bound to follow state decisions interpreting state statutes declaratory …
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Legislative Attack On "Heart Balm", Nathan P. Feinsinger
Michigan Law Review
Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.
Criminal Law And Procedure -Automobiles - Constitutional Law-Criminal Liability Of Owner Of Automobile
Michigan Law Review
The recent decision of the Supreme Judicial Court of Massachusetts in the case of Commonwealth v. Ober has brought to the fore a serious administrative problem arising out of the enforcement of traffic regulations. The problem is particularly acute in the illegal parking cases. Here it is usually impossible for the policeman to do more than tag the car, take down its registration number, and institute proceedings against the registered owner. The difficulty also often occurs in many other situations such as driving through red lights or stop streets where the offense is observed by a patrolman standing near by …
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Michigan Law Review
A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and …
Special Assessments - Constitutionality Of Legislation Modifying Means Of Enforcement Of Special Assessment Liens
Michigan Law Review
An Arkansas statute, affecting the mortgage securing certain special assessment bonds, provided, inter alia, for the extension of the interval between default in payment and sale under foreclosure from sixty-five days to at least two and a half years, reduced the penalty for non-payment from twenty per cent to three per cent, and provided that the possession of the delinquent property owner be undisturbed for four years after sale on foreclosure, thus modifying the law existing at the time the bonds were issued. The United States Supreme Court held the statute to be invalid as violating the constitutional prohibition …
The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks
The Problem Of Financing Municipal Capital Outlays In West Virginia, Robert L. Merricks
West Virginia Law Review
No abstract provided.
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
Streets--Dedication By Record Plat--Conditions, Charles C. Wise Jr.
West Virginia Law Review
No abstract provided.
Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham
Swift V. Tyson And The Construction Of State Statutes, Jeff B. Fordham
West Virginia Law Review
So much has been written for the law reviews about the doctrine of Swift v. Tyson that it has become a part of the etiquette of the business to explain oneself before adding to the overgrown literature of the subject. It is now nearly a century since this nationalistic doctrine was written into our case law. There has been some vacillation and even more confusion in its exposition but in the large it has steadily become more deeply entrenched and more widely applied in the teeth of the persistent and highly critical opposition of legal writers. But now, in a …
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Proposed Criminal Code Changes For Kentucky As Recommended In The Report In 1934 Of The Kentucky State Bar Association's Committee On The Code Of Criminal Procedure Of The American Law Institute, John A. Geyer, George T. Skinner
Kentucky Law Journal
No abstract provided.
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl
Michigan Law Review
Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …