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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1968, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Native Courts Of Northern Nigeria: Techniques For Institutional Development, David Nathan Smith

Research Collection Yong Pung How School Of Law

One of the first acts of Nigeria's new military Government followingthe coup d'etat that disposed of the previous Government on January 15,1966, was to announce that its ultimate goal with regard to judicial reformis to integrate the locally administered native courts into theRegional Governmental court structure. As a first step, the more than750 native courts of Northern Nigeria,' previously supervised by theMinistry of Justice, were placed under the supervision of the politicallyindependent Judicial Department. More recently, the native courts havebeen made independent of the native authorities, the local governmentunits, and the judicial powers of the Emirs' courts have been withdrawn.

Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.

Georgia Law Review

The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …

An Alternative To The Georgia Claims Advisory Board: State Tort Liability, R. P. R.

Georgia Law Review

"[O]ne of the mysteries of legal evolution"' has been the persistence of many states to retain immunity from tort liability. Only a few states, moti- vated by criticism coupled with a growing awareness of public responsibility, have enacted legislation to assume responsibility in this realm. Unfortunately, however, a majority of the states have refused to follow this enlightened trend, and the result has been that the general welfare of the citizens of these states has not been adequately protected.

This majority includes the State of Georgia. The Georgia courts have consistently maintained that the state cannot be sued without its …

The Appellate Judiciary Of Georgia And Contempt Out Of Court, D. Greir Stephenson, Jr.

Georgia Law Review

TO state the obvious, contempt of court is a broad topic, and this article is not the place for an exhaustive treatment of the various types of contempt-civil and criminal, direct and indirect. Instead, the focus is on one variety of indirect or constructive contempt: that arising from criticism of a judge, spoken or written outside the courtroom. To limit the subject in such a way precludes discussion of other inter- estng aspects of contempt law, but perhaps the advantages gained from sharp perspective and clear concentration more than offset the disadvantages incurred from a narrowed concern.The law of constructive …

Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr.

Georgia Law Review

DURING its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: To describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; to …

The Georgia Eavesdropping Statute: A Critical Examination In Light Of Berger V. New York, R. W. S., Jr.

Georgia Law Review

Mr. Justice Brandeis, dissenting in Olmstead v. United States,2 observed that: Ways may some day be developed by which the Government, without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a jury the most intimate occurrences of the home. With the advent of miniaturized circuits and the corresponding subtlety of eavesdropping devices Brandeis' prediction has become a substantial reality. Tubular and parabolic microphones, for example, can intercept conversations held hundreds of yards away and, reportedly, a microwave beam has been developed which can penetrate virtually any obstacle. Wireless …

Corporate Finance Under The Georgia Business Corporation Code Of 1968, Pasco M. Bowman, Ii

Georgia Law Review

T HIS Article will review the financial provisions of the new Georgia Business Corporation Code (B.C.C.), which will become effective April 1, 1969. On that date, the Code will automatically apply to virtually all existing domestic business corporations, other than banks, trust companies, railroads and the several other types of corporations which obtain their charters from the Secretary of State. Existing domestic insurance companies will be subject to the B.C.C. to the same extent as they are now subject to the present general corporation law.0 The B.C.C. is only one part of a comprehensive revision and restatement of Georgia's corporation …

Chronic Alcoholic Court Offenders: An Alternative To The Drunk Tank, Jack H. Watson, Jr

Georgia Law Review

T HE social problem of alcoholism may be divided into two categories: (1) that of the "visible" alcoholic or "chronic alcoholic court offender" whose illness is manifested hundreds of thousands of times per year either on city streets, or in countless city and county stockades acoss the country; and (2) that of the "invisible" alcoholic whose illness is just as serious, but whose social and economic position permits him to suffer through years of alcoholism without being arrested or taken before a magistrate for being drunk in public. It is estimated that over 6,500,000 persons in the United States are …

A Seat On The Sidelines: The Georgia Appellate Judiciary And The Public Forum, D. Grier Stephenson, Jr

Georgia Law Review

THE use of streets and parks for expression of one's ideas has been a part of American political history since the early years of the Republic. The town meeting in New England and the courthouse rally in the South have brought citizens together to hear their neighbors and long-winded politicians speak on the issues, hopes, and fears of the day. The campaign barbecue, the sidewalk sermon, and the Fourth of July oration have reflected in a special way some aspect of the American culture. But the accessibility and the availability of this ready-made public forum provide more than a political …

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.

Weather Modification: Law And Administration, James N. Corbridge Jr., Raphael J. Moses

Publications

No abstract provided.

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 …

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

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

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

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

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

Indiana Law Journal

No abstract provided.

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.

Washington and Lee Law Review

No abstract provided.

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 …

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 …

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

Washington Law Review

No abstract provided.

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

Indiana Law Journal

No abstract provided.

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

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

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 …