Law Commons^™

Constitutional Law--State Taxation Of Federal Property In Possession Of Private Contractor, J. L. R.

West Virginia Law Review

No abstract provided.

Future Interests - Rule Against Perpetuities - Recent Statutory Amendment In New York, Paul K. Gaston S.Ed.

Michigan Law Review

After 128 years of criticism and confusion and enormous amounts of litigation, New York has amended its statutory rule against perpetuities. The old rule provided that the absolute power of alienation could not be suspended for longer, than "two lives in being" at the creation of the estate plus a minority exception in some cases. Under the new rule the absolute power of alienation can be suspended for a period measured by any number of "lives in being" at the creation of the estate so long as they are not "so designated or so numerous as to make proof of …

Criminal Procedure On The American Frontier: A Study Of The Statutes And Court Records Of Michigan Territory 1805-1825, William Wirt Blume

Michigan Law Review

The area north and east of Lake Michigan, organized in 1805 as Michigan Territory, was first organized in 1796 as Wayne County of the Northwest Territory. In 1800 the western half of the county, and in 1803 the eastern half, became parts of Indiana Territory, and so remained until July 1805. In 1818 Michigan Territory was expanded westward so as to include all of the area north of Illinois to the Mississippi River.

Indiana, 1851, Alaska, 1956: A Century Of Difference In State Constitutions, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.

Some Observations On Local Government In New York State, David Diamond

Buffalo Law Review

No abstract provided.

Labor Law—Application Of Statute To Employer And Domestic, Buffalo Law Review

Buffalo Law Review

Connors v. Boorstein, 4 N.Y.2d 172, 173 N.Y.S.2d 288 (1958).

Municipal Corporations—Constitutionality Of Community Colleges, Buffalo Law Review

Buffalo Law Review

Grimm v. County of Rensselaer, 4 N.Y.2d 416, 176 N.Y.S.2d 271 (1958).

Municipal Corporations—Statutory Limitation Of Amount Of Sales And Utility Taxes Imposed By Local Government Units, Buffalo Law Review

Buffalo Law Review

County of Erie v. City of Buffalo, 4 N.Y.2d 96, 172 N.Y.S.2d 586 (1958).

Municipal Corporations—Zoning—Constitutionality Of Ordinance Discontinuing Non-Conforming Uses, Buffalo Law Review

Buffalo Law Review

Harbison v. City of Buffalo, 4 N.Y.2d 553, 176 N.Y.S.2d 598 (1958).

Municipal Corporations—Authority Of Town To Establish Park Within Village Limits, Buffalo Law Review

Buffalo Law Review

Village of Lloyd Harbor v. Town of Huntington, 4 N.Y.2d 182, 173 N.Y.S.2d 553 (1958).

Municipal Corporations—Home Rule, Public Authorities, Buffalo Law Review

Buffalo Law Review

Whalen v. Wagner, 4 N.Y.2d 575, 176 N.Y.S.2d 616 (1958).

Municipal Corporations—Zoning—Non-Conforming Uses And Variances, Buffalo Law Review

Buffalo Law Review

Crossroads Recreation, Inc. v. Broz, 4 N.Y.2d 39, 172 N.Y.S.2d 129 (1958).

Bills And Notes--1958 Tennessee Survey, S. B. Gilreath

Vanderbilt Law Review

Express Provision Concerning Negotiability. Phelan v. Phelan is the only case which has been found on the subject of bills and notes decided during the survey period. It was a suit in equity on a note in the sum of $4,000 made on April 10, 1954, by R. E. Phelan and payable to W. 0. Phelan on September 15, 1954. The note provided that it was "non-negotiable and non-transferable."

The payee, W. 0. Phelan, filed a bill to recover a decree on this note against R. E. Phelan, the maker, who, in turn, filed an answer pleading as a set-off …

Local Government Law -- 1958 Tennessee Survey, John B. Thurman, Jr.

Vanderbilt Law Review

The tremendous expansion of the functions of local governmental agencies, particularly into provinces heretofore reserved for private enterprise, has resulted in a similar expansion of local government law. It seems safe to assert that within the confines of local government law can be found legal principles and rules from practically every other field of law. It is necessary, therefore, to limit the scope of an annual survey of local government law; no longer is it possible to include in a survey article such as this a discussion of all of these legal principles and rules. Nor is such a discussion …

Procedure And Evidence -- 1958 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. ...

Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made …

State Power To Tax Personalty On Federal Reservations

Washington and Lee Law Review

No abstract provided.

Local Government Law, Anon

Washington Law Review

Summarizes a case on declaratory judgment—municipal corporations and another on discharge of Seattle city employees—civil service—Seattle City Service Commission.

Public Utility Relocation Costs Relative To Federal-Aid Highway Act Of 1956, J. C. W. Jr.

West Virginia Law Review

No abstract provided.

Municipal Corporations - Police Power - Sundy Closing Ordinances, David A. Nelson

Michigan Law Review

The City of Chattanooga passed an ordinance making in unlawful "for any person, firm, corporation, or association operating a general merchandise store, department store, hardware, jewelry, furniture, grocery store, super market, meat market, or other similar establishments in the City of Chattanooga, Tennessee, to open such place of business on Sunday; or to sell or offer for sale, give away, or deliver any merchandise, groceries, hardware, jewelry, furniture, meat, produce, or other similar commodities or articles, on Sunday." Plaintiffs brought this action for a declaratory judgment that the ordinance was unconstitutional and for other relief. In the lower court the …

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …

Rhyne: Municipal Law, Robert E. Fryer

Michigan Law Review

A Review of Municipal Law. By Charles S. Rhyne.

A New Deal For Fiduciaries' Stock Transfers, Alfred F. Conard

Michigan Law Review

For nearly one hundred years, executors and administrators have been struggling with the excessive documentation which corporations demand as a condition of recording stock transfers. For almost as long, legislatures have been passing laws in the hope-generally vain-of alleviating the burden.

In 1957, at least three states (and possibly four) opened a door through which estate representatives can emerge from their long bondage. For the first time, identical acts were passed in different states, and interstate recognition of simplification measures began. For the first time acts were passed which get to the root of the transfer agent's problem.

Municipal Corporations - Financial Powers - Power To Expend Public Funds In Aid Of Industry, Paul K. Gaston

Michigan Law Review

Taxpayers and voters of Frostburg, Maryland, sought to restrain the holding of an election under enabling legislation to obtain authority both to issue municipal bonds and to devote the proceeds to acquiring a site and contributing to the cost of construction of a building for sale to a private manufacturing company. The chancellor issued an injunction against the holding of such election on the ground that the enabling act, in authorizing the use of public funds for private purposes, was unconstitutional. On appeal, held, reversed. The location of new industry in furnishing employment and increasing the financial well being …

Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall

Michigan Law Review

Plaintiff's infant daughter, admitted to Newark City Hospital as an emergency case, received hospitalization and medical treatment worth $1,190 during her seventy-day period of confinement. The medical director of the hospital had made an agreement with the Hospital Service Plan of New Jersey which provided that regardless of the amount or quality of the hospitalization required, payment of the flat sum of $100 for any subscriber-patient would constitute payment in full to the city. The city accepted the $100 check paid by the Plan as billed by the hospital for the care of the child. In order to facilitate settlement …

Municipal Corporations - Zoning - The Granting Of A Variance Based On Unnecessary Hardship, Frank D. Jacobs S.Ed.

Michigan Law Review

Defendant purchased a tract of vacant land located in the most highly restricted residence zone of his city. The local zoning ordinance prescribed minimum area, width, and depth measurements for building plots in that district. Defendant desired to subdivide the property into two building plots in order to build a one-family residence on each plot. Although the first plot complied with the minimum requirements of the ordinance, the other plot was deficient in area and depth measurements. Defendant was unsuccessful in his attempts both to purchase adjoining land and to sell parts of his property to adjoining owners. He then …

Municipal Law, George G. Bailey

West Virginia Law Review

No abstract provided.

The Adequacy Of State Insurance Rate Regulation: The Mccarran-Ferguson Act In Historical Perspective, Spencer L. Kimball, Ronald N. Boyce

Michigan Law Review

Any substantial inquiry into the functioning of the insurance commissioner in American society poses the question, at the threshold of the inquiry, whether state regulatory power over the insurance business is likely to continue, or whether insurance will fall increasingly under the aegis of the federal government. This article seeks to ascertain the minimum conditions for the permanent preservation of state regulatory power over the insurance business, and to determine whether they are now satisfied. These conditions may be summarily stated: the Congress of the United States has shown its willingness to apply federal antitrust and marketing legislation to the …

Foreward, William T. Muse

University of Richmond Law Review

This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Metro System Of Local Government (A Survey), Wilson G. Stapleton, Hugh E. Dunn, G. Brooks Earnest, A. B. Bonds Jr.

Cleveland State Law Review

Growth of many American cities into vast metropolitan communities of suburban cities, towns and villages clustered about the central city is creating complex problems of local government. Duplication of services and costs is matched by artificial "compartmentalization" of adjacent areas, all developing with little or no overall plan or logic.Herein, four outstanding community leaders examine the problem in terms of the situation in the Ohio area of Cuyahoga County, around the core city of Cleveland. Extracts from four speeches are set forth here, all delivered at a recent luncheon of the Cleveland-Marshall Alumni Association.