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Full-Text Articles in Law
Overlapping, Duplication And Conflicts Among Municipal Corporations, Alvin E. Evans
Overlapping, Duplication And Conflicts Among Municipal Corporations, Alvin E. Evans
Vanderbilt Law Review
There is a well-known principle of municipal government that there cannot be two municipalities possessed of the same or similar powers, privileges and jurisdiction covering the same territory at the same time. Perhaps the earliest expression of this principle may be found in an early English dictum to that effect where the court explains why such a proposition must be true, viz., "[F]or, instead of good order, that would only be productive of anarchy." Whether in our conglomerate of municipalities we have abided by this principle or have created duplications, overlappings and conflicts due to the vast multiplicity of municipal …
Annual Survey Of Tennessee Law, John W. Wade
Annual Survey Of Tennessee Law, John W. Wade
Vanderbilt Law Review
The idea of an annual survey of the law of a particular jurisdiction is not a new one, either in this country or abroad. During a period of at least 25 years an increasing number of publications have undertaken to present such a survey. The task is a delicate one, and performances have been somewhat uneven. A mere digest of appellate opinions or a scissors-and-paste collection of expressed rules of law serves some useful purpose but scarcely justifies separate existence. On the other hand an exhaustive discussion of most of the individual decisions prevents a view of the forest for …
Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs
Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs
Vanderbilt Law Review
Various recent studies' have confirmed the suspicion that courts continue to find it necessary to approve and rely heavily on the principle of "legislative jurisdiction" residing in some one state, even though they do not often admit it in so many words. Since the discussion of the problem by courts generally assumes that the single question in conflicts is choice of law, and since one of the most influential writers on the subject in recent times has denied the validity of the jurisdictional principle at the common law as a means of solving a conflicts problem, a study giving further …