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Articles 1 - 24 of 24
Full-Text Articles in Law
State Legislative Services: An Overview, Law Review Staff
State Legislative Services: An Overview, Law Review Staff
Vanderbilt Law Review
Increasing awareness of the critical needs of the state legislatures has stimulated a number of groups to study these needs and suggest reforms. As a result of these efforts, the problems in this area are well-defined. However, all too often the states have failed to take an overview of the needs of the legislative branch; instead most efforts in this area have been directed towards the solutions of specific problems. The result has been as follows: a specific service agency will be created in response to a felt need; subsequently the agency will assume additional duties under the force of …
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Michigan Law Review
Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …
Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review
Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review
Michigan Law Review
The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …
The Practice Of Law By Out-Of-State Attorneys, William E. Flowers
The Practice Of Law By Out-Of-State Attorneys, William E. Flowers
Vanderbilt Law Review
Multi-state legal problems are commonplace for the American attorney. In meeting the legal needs of the business and personal lives of his clients, he is confronted daily with laws of the several components of our federal system. Out-of-state litigation and office work situations constantly demand his presence in jurisdictions in which he is not admitted to practice. Yet present admission rules make his appearance in such litigation difficult at best, and render such office work virtually impossible. These restrictions on the interstate practice of law have become intolerable--in a legal, if not always a practical, sense--in the context of our …
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham
Michigan Law Review
Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power …
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review
Michigan Law Review
Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …
The 1967 Amendments To The Indiana General Corporation Act, Richard E. Deer, Douglas F. Burns
The 1967 Amendments To The Indiana General Corporation Act, Richard E. Deer, Douglas F. Burns
Indiana Law Journal
No abstract provided.
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz
Washington and Lee Law Review
No abstract provided.
The Tweed Ring, By Alexander B. Callow, Jr.
The Tweed Ring, By Alexander B. Callow, Jr.
Washington and Lee Law Review
No abstract provided.
Indiana Life Insurance Proceeds Exemption Statute And The Law Of Fraudulent Conveyances
Indiana Life Insurance Proceeds Exemption Statute And The Law Of Fraudulent Conveyances
Indiana Law Journal
No abstract provided.
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Recent Trends In State Planning Legislation: A Selective Survey, Max E. Schlopy
Recent Trends In State Planning Legislation: A Selective Survey, Max E. Schlopy
Buffalo Law Review
No abstract provided.
The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens
Michigan Law Review
The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …
Security Aspects Of The Abc Transaction, John T. Schmidt
Security Aspects Of The Abc Transaction, John T. Schmidt
Michigan Law Review
In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …
Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review
Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review
Michigan Law Review
For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …
State Legislatures In American Politics, By Alexander Heard
State Legislatures In American Politics, By Alexander Heard
Washington and Lee Law Review
No abstract provided.
The 1967-68 Kentucky Court Of Appeals Review, Kentucky Law Journal
The 1967-68 Kentucky Court Of Appeals Review, Kentucky Law Journal
Kentucky Law Journal
No abstract provided.
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.
Municipal Immunity In Police Torts, Carol F. Dakin
Municipal Immunity In Police Torts, Carol F. Dakin
Cleveland State Law Review
This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …
Open Housing Meets My Old Kentucky Home: A Study Of Open Housing With Special Attention To Implications For Kentucky, Steven L. Beshear, Thomas L. Hindes, M. W. Schryver, Richard O. Stevenson
Open Housing Meets My Old Kentucky Home: A Study Of Open Housing With Special Attention To Implications For Kentucky, Steven L. Beshear, Thomas L. Hindes, M. W. Schryver, Richard O. Stevenson
Kentucky Law Journal
No abstract provided.
Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch
Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch
Kentucky Law Journal
No abstract provided.
The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass G. Boshkoff
The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass G. Boshkoff
Michigan Law Review
The draftsmen of Article Seven were well aware of the problems caused by irregular issuance of warehouse receipts and there will be fewer problems of irregularity under the Code for two reasons. First, the Code's formal requirements for issuance of warehouse receipts are less stringent than are those imposed by the UWRA, thereby lessening the chances of any irregularity occurring. Second, the Code contains two sections which aim to minimize the consequences of any irregularities which may occur. In this article I will discuss the types of defects that have been troublesome over the years, focussing on the ways in …
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Michigan Law Review
From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …