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State and Local Government Law

1967

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Full-Text Articles in Law

State Legislative Services: An Overview, Law Review Staff Dec 1967

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 …


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 Dec 1967

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 …


Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin Dec 1967

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 …


The Practice Of Law By Out-Of-State Attorneys, William E. Flowers Nov 1967

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 Nov 1967

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 Nov 1967

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 Oct 1967

The 1967 Amendments To The Indiana General Corporation Act, Richard E. Deer, Douglas F. Burns

Indiana Law Journal

No abstract provided.


The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell Jr. Sep 1967

The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell Jr.

Scholarly Works

The time has come to think seriously and in detail about municipal annexation. The effort here, then, represents a return to basics. The justification for it rests on the point that Georgia does indeed possess a rich history in annexation law. What of this history? How has it dictated the law's development? What are the methods of annexation presently available to municipalities in Georgia? Upon what authority are these methods bottomed, and what are the possible limitation upon their effectiveness? Is the point at which the law has now arrived the culmination of evolving a deliberate concept or simply the …


Annexation-Virginia's Dilemma, William L. Martin, J. E. Buchholtz Sep 1967

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. Sep 1967

The Tweed Ring, By Alexander B. Callow, Jr.

Washington and Lee Law Review

No abstract provided.


Reapportionment And Local Government, R. Perry Sentell Jr. Jul 1967

Reapportionment And Local Government, R. Perry Sentell Jr.

Scholarly Works

On June 15, 1964, the Supreme Court of the United States, in the context of its decisions in Reynolds v. Sims and companion cases, put the finishing touches upon its evolving principle that state legislatures must be apportioned on an equal population basis; i.e., the "one-man-one-vote" standard. This principle drew its commandment, held the Court, from the equal protection provision of the fourteenth amendment to the United States Constitution. On May 22, 1967, the Supreme Court of the United States rendered decisions in three cases which had confronted it for the first time with questions on the relationship of the …


Indiana Life Insurance Proceeds Exemption Statute And The Law Of Fraudulent Conveyances Apr 1967

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 Apr 1967

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 Apr 1967

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 Apr 1967

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 Apr 1967

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 Apr 1967

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 Apr 1967

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 …


Appeal No. 0004: Evelyn H. Lyons V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review Mar 1967

Appeal No. 0004: Evelyn H. Lyons V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order #8


State Legislatures In American Politics, By Alexander Heard Mar 1967

State Legislatures In American Politics, By Alexander Heard

Washington and Lee Law Review

No abstract provided.


Investigation And Discovery In State Antitrust, Bernie R. Burrus Jan 1967

Investigation And Discovery In State Antitrust, Bernie R. Burrus

Michigan Legal Studies Series

Monograph submitted in partial fulfillment of the requirements for the S.J.D. degree at the University of Michigan Law School.


The 1967-68 Kentucky Court Of Appeals Review, Kentucky Law Journal Jan 1967

The 1967-68 Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.


Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr. Jan 1967

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.


Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review Jan 1967

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 …


The Ex-Convict's Right To Vote, David H. Getches Jan 1967

The Ex-Convict's Right To Vote, David H. Getches

Publications

No abstract provided.


Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr. Jan 1967

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.


Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs Jan 1967

Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney Jan 1967

Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.


Local Government In Missouri: The Crossroads Reached, Peter W. Salsich Jan 1967

Local Government In Missouri: The Crossroads Reached, Peter W. Salsich

All Faculty Scholarship

This article addresses the perceived inadequacy of the State of Missouri’s statutory tools to modernize local government. Some of the more extreme examples of conflicting and obsolete provisions in the laws affecting local government in Missouri are discussed. In many instances these obsolete statutes severely restricted the operations of municipalities. The article also looks at laws relating to special benefit districts, problems in county government, and the issue of home rule. Many of the concerns addressed in this article have to do with the overlap that exists among political subdivisions within a given area, such as counties, cities, and special …


The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold Jan 1967

The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.