Law Commons^™

Federal Control Of Conflict Of Laws, Elliott E. Cheatham

Vanderbilt Law Review

Under our federal system of government two sets of laws operate within the country, the laws of the constituent states and the laws of the central government. For lawyers there is the ever present question, which of them applies to a case: the law of a state, to be interpreted finally by the courts of the state; or national law--federal law, as it is usually called--of which the Supreme Court of the United States is the final arbiter?

Interstate and international matters, with which conflict of laws deals, involve national as well as state interests. In the United States it …

Municipal Corporations-Right Of City To Charge Nonresident Consumers Discriminatory Rates For Utility Services. [Texas]

Washington and Lee Law Review

No abstract provided.

Municipal Corporations-Expenditure Of Funds Accruing From Parking Meters, William A. Bain, Jr. S.Ed.

Michigan Law Review

Panama City proposed to issue bonds to finance the reconstruction, paving, and improvement of city streets. The bonds were to be secured by and payable from the revenue of the city's parking meters. A petition for validation of the bond issue was submitted and was refused. On appeal, held, affirmed. The city may not use the revenue from the parking meters to finance the reconstruction, paving and improvement of streets since this bears no reasonable relation to the regulation of parking and is therefore an illegal exercise of the police power. Panama City v. State, (Fla. 1952) 60 …

Civil Procedure-Right Of Impleader Under Michigan Contribution Statute, W. J. Roper

Michigan Law Review

Plaintiff, a resident of Michigan, brought a negligence action against defendant, an Illinois corporation, for personal injury in the Federal District Court for the Eastern District of Michigan. The defendant moved to implead a citizen of Michigan and a Michigan corporation as third party defendants on the theory that under the Michigan Contribution Statute as concurrent tortfeasors they would be liable to him for part of the judgment in the event that plaintiff recovered in the suit. The court granted the motion and the defendant filed its third party complaint. Plaintiff then moved to dismiss the third party complaint. Held …

Constitutional Law-Due Process-Burden Of Proving Insanity As Defense To Crime, Lois H. Hambro S.Ed.

Michigan Law Review

Defendant was convicted of first degree murder after having pleaded insanity as a defense to the charge. He appealed to the Supreme Court of Oregon, alleging that the Oregon statute, which required an accused pleading insanity to prove it beyond a reasonable doubt, violated the due process clause of the Fourteenth Amendment because it placed on him the burden of proving his inability to premeditate and intend the criminal act. The defendant relied in part on the fact that Oregon is the only state requiring insanity to be proved ''beyond a reasonable doubt," while other states require at most that …

Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.

Michigan Law Review

A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …

Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.

Michigan Law Review

Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …

Municipal Corporations--Charter Amendment-Submission Of Three Propositions In The Form Of One Question, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The council of defendant city adopted a resolution whereby the city charter was to be amended to authorize a limitation of I% per annum on property taxes, an excise tax of 1% per annum on salaries, commisions and profits of both nonresidents and residents, and disposition of the monies received by the income tax. The proposed charter revision was approved by the qualified electors by a margin slightly less than two to one. The plaintiffs, electors and residents of the city, obtained an injunction against enforcement of the charter amendment. On appeal, held, affirmed. The charter revision was ineffectual …

Civil Procedure-Habeas Corpus-Exhaustion Of State Remedies In Rendition Cases, Alfred W. Blumrosen

Michigan Law Review

Respondent, a convict, was apprehended in Ohio after escaping from an Alabama prison. He attempted to prevent rendition by petitioning the Ohio courts for a writ of habeas corpus, alleging that he had suffered cruel and unusual punishment in the Alabama prison contrary to the Fourteenth Amendment and, if forced to return, would be subject to further brutal treatment. His petition was denied at all levels in the Ohio courts and the United States Supreme Court denied certiorari. A similar petition was then denied by the Federal District Court in Ohio, but the court of appeals reversed without opinion and …

Failure To Conform To The Building Code; Its Effect On The Contracting Parties, Walter Rubenstein, John D Murray

Cleveland State Law Review

The issue of the right of recovery by a building contractor who has failed to comply literally with specifications of building codes and ordinances has provoked much discussion and has brought forth opinions from courts and text writers, many of which are diametrically opposed. The authorities are generally agreed that a contract, whether it be a building contract or not, which upon execution will, by the thing which it tends to create, breach a positive law, is void and unenforceable. But, as is true of other rules of law which can not and do not have universal application, the courts …

State Aid For Kentucky Units Of Local Government: Some Constitutional Problems, Kenneth E. Vanlandingham

Kentucky Law Journal

No abstract provided.

Divorce--Does Recrimination Remain In Kentucky?, Thomas P. Lewis

Kentucky Law Journal

No abstract provided.

Interstate Recognition Of Custody Decrees: Law And Reason V. The Restatement, Albert A. Ehrenzweig

Michigan Law Review

After days of bitter contest, a weary judge dissolves the marriage bond and, lacking Solomon's sword, allots the child to his mother. Thus the stage is set for the second act of the tragedy. Craving a new life for herself and her child, the mother moves to another state, and the father, seeing his right of visitation thus put in jeopardy, pleads the mother's removal in the original court which, loyal to the more faithful citizen, now awards custody to him. Should a judge of the mother's new home state heed this change? And again, what should be done if …

Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. …

Regulation Of Business-Resale Price Maintenance-Constitutionality Of Non-Signer Provion In Michigan Fair Trade Act, Richard D. Rohr S.Ed.

Michigan Law Review

Plaintiff, a manufacturer of trade-marked products, brought a bill to restrain defendant-retailer from selling plaintiff's products at prices below the minimum prices established by plaintiff in contracts made pursuant to the Michigan Fair Trade Act. Defendant admitted such sales; but contended that because it had not signed a fair trade agreement with plaintiff, enforcement of the Michigan act against defendant would violate its rights under the due process clause of the state constitution. The trial court, treating the transactions involved as being exclusively in intrastate commerce, held the Michigan Fair Trade Act, as applied to non-signers of fair trade agreements, …

Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme

Publications

No abstract provided.

Current Decision, Right To Inspect Memoranda Used To Revive Recollection, Howard Klemme

Publications

No abstract provided.

Current Decision, Due Process--Use Of Blood Tests To Determine Intoxication Not Violative Of Due Process, Howard Klemme

Publications

No abstract provided.

Book Review. Iowa Departmental Rules, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Caleb Mills And The Indiana Free School Law, Val Nolan Jr.

Articles by Maurer Faculty

No abstract provided.

Child Custody In Kentucky Divorce Cases: 1940-1952, Charles N. Carnes

Kentucky Law Journal

No abstract provided.

Enforcement Of Alimony Decrees In Kentucky, John W. Murphy Jr.

Kentucky Law Journal

No abstract provided.

Workmen's Compensation In Kentucky, Lucian H. Carter, Kermit Patterson

Kentucky Law Journal

No abstract provided.

Issues Before The 1954 Kentucky Legislature, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Local Law In The Law School Curriculum, M. Ray Doubles

Journal of Legal Education

No abstract provided.

Municipal Corporations—Community Planning, Robert Blaney

Buffalo Law Review

People v. Miller, 304 N. Y. 105, 106 N. B. 2d 34 (1952); City of Buffalo v. Roadway Transit Co., 303 N. Y. 453, 104 N. E. 2d 96 (1952); In re Gillen Place, Borough of Brooklyn, City of New York, 304 N. Y. 215, 106 N. E. 2d 897 (1952).

Municipal Corporations—The Local Unit, Robert Blaney

Buffalo Law Review

Holmes Electric Protective Co. v. City of New York, 304 N. Y. 202, 106 N. E. 2d 607 (1952); Town of Pelham v. City of Mt. Vernon, 304 N. Y. 15, 105 N. E. 2d 604 (1952), motion for reargument denied, 304 N. Y. 594, 105 N. E. 2d 604 (1952).

Municipal Corporations—Municipal Borrowing, Robert Blaney

Buffalo Law Review

City of Buffalo v. Strong & Co., 304 N. Y. 132, 106 N. E. 2d 217 (1952).

Municipal Taxpayers And Standing To Sue, Hilary P. Bradford

Buffalo Law Review

No abstract provided.

Municipal Corporations—Municipal Tort Liability, Robert Blaney

Buffalo Law Review

Brown v. Board of Trustees of Town of Hamplonburg, School District 4, 303 N. Y. 484 104 N. E. 2d 866 (1952); Matter of McEwan v. City of New York, 304 N. Y. 628, __ N. E. 2d __ (1952); Schmid v. Werner, 303 N. Y. 754, 103 N. E. 2d 540 (1952) affirming 277 App. Div. 520, 100 N. Y. S. 2d 860 (1st Dep't 1950).