Law Commons^™

Municipal Industrial Development Bonds, Alfred E. Abbey

Vanderbilt Law Review

Several years ago a national business magazine carried an article styled "You Gotta Have A Golf Course."' The article outlined the efforts of a small town to attract new industry and the awkward realization by the city fathers that they were losing out to the competition because their community lacked such a recreational facility. After this finding, several public spirited citizens raised the necessary funds and constructed a nine-hole course. These efforts were soon rewarded when a large industrial concern located a new manufacturing plant in their city. Industrial development bonds are essentially intended to serve the same purpose as …

Home Rule In New York 1941-1965 Retrospect And Prospect, J. D. Hyman

Buffalo Law Review

No abstract provided.

Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey

Michigan Law Review

The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …

Public Records--Availability For Inspection, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl

Michigan Law Review

The real increase in the use of "compacts" is still very recent, so there has as yet been little significant litigation concerning these instruments. For this reason, relatively few lawyers have had sufficient exposure to the subject to discover what an unhappy state the law of "compacts" is in. However, if the present trend toward their increased use continues, interstate authorities and agencies founded upon "compacts" may be expected to become as familiar to the average lawyer as conventional governmental agencies are today. This article is not intended to anticipate all of the legal problems which are sure to arise …

Divergent Views As To Applicability To National Banks Of State Restrictions On Home-City Branching--Walker Bank & Trust Co. V. Saxon; Commercial Security Bank V. Saxon, Michigan Law Review

Michigan Law Review

Two recent federal court decisions have brought into question for the first time the degree to which the federal law permitting the establishment of branches by national banks' incorporates state law restrictions upon the establishment of branches within a city in which the branching bank is already located. In Walker Bank & Trust Co. v. Saxon, a national bank sought to branch within its home city of Logan, Utah. In addition to the applicant's main office, there were branches of two other banks in the city. The applicant national bank in Commercial Security Bank v. Saxon and the complaining …

The Reynolds Standard And Local Reapportionment, Josephine Y. King

Buffalo Law Review

No abstract provided.

Constitutional Law—Local Law Setting Residence Requirements For Local Police Officers Invalid As Conflicting With Valid State Statute, David M. Brown

Buffalo Law Review

Hesselgrave v. King, 45 Misc. 2d 256, 256 N.Y.S.2d 753 (Sup. Ct. 1965).

Arraignment, Pre-Trial Motions, And Pleas In Virginia

Washington and Lee Law Review

No abstract provided.

Recent Developments Concerning Constitutional Limitations On State Defamation Laws, Samuel G. Mcnamara

Vanderbilt Law Review

Two recent cases, New York Times Co. v. Sullivan A and Garrison v. Louisiana, have over-turned many aspects of state laws regarding the defamation of public officials. The importance of these two cases is due not only to the problems they have solved, but also to the potential confusion which they have created. The primary purpose of this discussion is to point out the practical effect which the decisions will have on state law, both statutory and decisional. This note is concerned primarily with those aspects of the law of defamation dealing specifically with the conditional or qualified privilege to …

Statute Prohibiting Maintenance Of Billboards Adjacent To Interstate Highway Is Valid As Applied To Existing Billboards- Ghaster Properties, Inc. V. Preston, Michigan Law Review

Michigan Law Review

In order to qualify for additional aid under the 1958 Federal-Aid Highway Program, the Ohio legislature prohibited the erection or maintenance of billboards for advertising purposes within 660 feet of an interstate highway and declared billboards in violation of the statute to be public nuisances subject to abatement. As the owner of seven signs which violated the statute, plaintiff sought an injunction against the enforcement of the statute on the ground that it bore no substantial relation to the public health, safety, morals, or general welfare. The trial court granted the injunction and the court of appeals affirmed, holding the …

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

Zoning Law In Michigan And New Jersey: A Comparative Study, Roger A. Cunningham

Michigan Law Review

It is one thesis of this article that the "lawyer's view" has generally prevailed in Michigan and that the "planner's view" has generally prevailed in New Jersey. Since the zoning law of these two states is thus fairly representative of the opposing judicial attitudes set forth in the preceding paragraph, they are especially suitable for comparative study. This study begins with a look at the constitutional bases and statutory provisions for zoning. It then proceeds to examine judicial attitudes toward zoning determinations in general and continues by focusing on specific current zoning problems. The conclusions to be drawn from these …

Federal Law Held To Govern Effect Of The Release Of A Joint Tortfeasor In Private Antitrust Suit-Winchester Drive-In Theatre, Inc. V. Twentieth Century Fox Film Co., Michigan Law Review

Michigan Law Review

Private antitrust litigation occasionally raises the question of whether state or federal law should be applied to determine the effect of the release of a joint tortfeasor. When federal law is applied, as it was in Winchester Drive-In Theatre, Inc. v. Twentieth Century-Fox Film Co., there remains the necessity of formulating a rule of federal law, since there appears to be no established federal rule governing releases in antitrust suits.

Constitutional Law--Extension Of State Credit--Inductrial Development Bond Act, Ralph Judy Bean Jr.

West Virginia Law Review

No abstract provided.

Home Rule: A Fresh Start, Carmin R. Putrino

Buffalo Law Review

No abstract provided.

The Qualitative Governmental Interest Analysis: New York's Conflict Of Laws Rules In Transition-George V. Douglas Aircraft , Co., Michigan Law Review

Michigan Law Review

The traditional choice of law rule for torts is that the law of the place of wrong is determinative of all substantive issues. This rule has been frequently criticized and has been rejected by the Restatement (Second), Conflict of Laws, and by a few courts, particularly those of New York. The successor to the traditional approach, however, has not been determined. Under the view of the Restatement (Second), the applicable substantive law is that law of the state which has the most significant relationship with the occurrence and with the parties. Although a qualitative approach would seem possible under …

The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins

Michigan Law Review

A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …

The Incidence Of The Death Penalty For Rape In Virginia, Donald H. Partington

Washington and Lee Law Review

No abstract provided.

Municipal Liability For Police Dog Bites

Washington and Lee Law Review

No abstract provided.

Punitive Damage Liabality Of Municipal Corporations

Washington and Lee Law Review

No abstract provided.

Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren

Michigan Law Review

From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …

The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman

Michigan Law Review

Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …

The Representation Of Indigent Criminal Defendants In Kentucky, Jennings T. Bird

Kentucky Law Journal

No abstract provided.

The Second Annual Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

The Juvenile Offender, Some Problems And Possible Solutions, Scotty Baesler

Kentucky Law Journal

No abstract provided.

First Class Municipality--Adequate Police Power To Enact A Penal Civil Rights Ordinance, Fred G. Karem

Kentucky Law Journal

No abstract provided.

The Crazy Quilt Of Commercial Law: A Study In Legislative Patchwork, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.

The Third Annual Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Legislature And The Process Of Constitutional Amendment, Charles W. Shull

Kentucky Law Journal

No abstract provided.