Law Commons^™

Torts--A Summary And Critique Of The Law Of Statutory Negligence In Kentucky, Robert F. Stephens

Kentucky Law Journal

No abstract provided.

Torts--Right Of Privacy In Kentucky, Dempsey Cox

Kentucky Law Journal

No abstract provided.

The Advisory Opinion Function Of The Attorney General, Dee Ashley Akers

Kentucky Law Journal

No abstract provided.

The Constitution Review Commission Of Kentucky, Elvis J. Stahr Jr.

Kentucky Law Journal

No abstract provided.

Slum Clearance And Redevelopment, Carl B. Wachs

Kentucky Law Journal

No abstract provided.

Child Welfare And Public Assistance, H. E. Wetzel, Elwood Rosenbaum

Kentucky Law Journal

No abstract provided.

Interstate Agreements, Jo M. Ferguson

Kentucky Law Journal

No abstract provided.

The Board Of Claims Act Of 1950, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

Kentucky's Legislature Under The Spotlight, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Judicial Law Making: Intent Of Legislature Vs. Literal Interpretation, James R. Richardson

Kentucky Law Journal

No abstract provided.

The Burden Of Pleading Contributory Negligence In Kentucky, Gladney Harville

Kentucky Law Journal

No abstract provided.

Mississippi Blue Book. Statistical Register Of State. [1945-1949], Mississippi. Secretary Of State

Mississippi Blue Books

No abstract provided.

Book Reviews, Henry B. Witham, George K. Gardner, Malcolm Sharp, Ivan C. Rutledge, F. Eugene Reader, Murray Seasongood

Journal of Legal Education

No abstract provided.

Moral Obligation--Who Shall Be The Keeper Of The State's Conscience?, P. J. F.

West Virginia Law Review

No abstract provided.

Municipal Tort Liability, Allan F. Smith

Michigan Law Review

Municipal government in the United States is big business. In 1946, the 397 cities having a population of 25,000 or more spent a total of nearly 3 billion dollars for general governmental expenditures. In 1947 the total increased by 17 per cent to $3,477,000,000. Of that amount, 2½ billion were actual operational expenses for such activities as public safety, public health, sanitation, hospitals, local street and highway maintenance, and schools. Since the figures do not include the amounts expended in connection with municipal water works or municipal street railways, they lend weight to the assertion that our municipal governments are …

Municipal Corporations-Zoning-Abrogation Of Private Restrictive Covenants By Zoning Regulations, Robert Dilts

Michigan Law Review

A recent New Jersey decision raises a question of current importance in view of the acute housing shortages in many metropolitan areas. Can a municipality, acting under its power to establish zoning regulations, authorize the construction of multiple-family dwellings in a particular area and simultaneously abrogate private covenants which restrict the area to single-family dwellings?

The Doctrinal Development Of The Tenth Amendment, Dayton C. Casto Jr.

West Virginia Law Review

No abstract provided.

Labor Law-Relationship Of Federal And State Authority Over Labor Relations, Ralph E. Hunt S.Ed.

Michigan Law Review

In three recent cases, the United States Supreme Court has been required to determine the impact of federal labor relations legislation on certain state enactments in this area. The importance of these decisions, concerning a problem which has caused difficulty since enactment of the National Labor Relations Act in 1935, is increased by their consideration of the significance of the amendments contained in the Labor-Management Relations Act of 1947.

(1.) The appellant La Crosse Co., which handled interstate telephone calls, had made a collective bargaining agreement with appellant A. F. of L. union, to continue from year to year. During …

Bankruptcy-Limitation Of Actions By Trustee As Affected By Section Ll(E) Of The Federal Bankruptcy Act, David H. Armstrong S.Ed.

Michigan Law Review

Trustee in bankruptcy sued to recover a preference voidable under a state statute which also provided that an action to recover such a preference must be commenced within six months after application for a trustee. The present suit was commenced one year after the bankruptcy petition was filed. Defendant moved to dismiss for failure to comply with statutory limitations. Held, motion denied. Section II(e) of the Bankruptcy Act supersedes the state statute of limitations in this case. Engstrom v. De Vos, (D.C. Wash. 1949) 81 F. Supp. 854.

Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, husband and wife, were domiciled in New York. Because of temporary unemployment, plaintiff took his wife and minor child to Connecticut. He later returned to New York and resided in the apartment the family had formerly occupied. The wife and child did not return to New York, and the court found that she had at all times intended to remain in Connecticut and establish a domicile there. Plaintiff at all times intended to make New York his permanent residence. When defendant would not return to New York, plaintiff brought action for separation in a New York court, …

Constitutional Law-Commerce Clause-Validity Of New York Milk Licensing Law, William P. Sutter

Michigan Law Review

A New York statute required the licensing of all milk dealers in the state, and authorized the refusal of such a license upon a finding by the commissioner of agriculture that its issuance would "tend to a destructive competition in a market already adequately served." Petitioner, an out-of-state corporation, sought a license for an additional plant for the processing of milk to be purchased locally and to be distributed out of state, but was denied a license on the ground stated in the statute as quoted above. Denial of the license was sustained by the New York Court of Appeals. …

Contracts - Municipal Corporations - Revocability Of Offer Submitted Under Statutory Competitive Bidding, Richard H. Conn

Michigan Law Review

In accordance with statutory provisions, the city commissioners of Atlantic City advertised for bids for certain public improvements. Plaintiff submitted a sealed bid accompanied by a deposit of $5,000, as required by the advertisement, to guarantee execution of the contract if it were the successful bidder. When the bids were opened, plaintiff was the lowest bidder by a considerable margin. Investigation disclosed that an appreciable error had been made in the calculation of its bid, however, and before any official action had been taken, plaintiff advised the city commission of the mistake and withdrew the bid. Nevertheless, the contract was …

Future Interests-Common Law Rule Against Perpetuities Not In Force In Idaho-Applicability Of Statute Against Suspension Of Power Of Alienation To Option Contract, Howard W. Haftel S.Ed.

Michigan Law Review

Seller contracted to give purchaser sixty days notice of his intention to sell certain real property, purchaser to have power, in that event, to buy the property for a stated price within the sixty days. If the purchaser failed to exercise the option, seller was then free to convey the property to anyone. Alleging that seller had conveyed the land to others without notice to him, purchaser sued to have this conveyance set aside and the option specifically enforced. The lower court sustained a general demurrer to the complaint. On appeal, held, reversed. The statutory rule against restraints on …

Labor Law-Constitutional Law-Due Process Of Law-State Power To Enjoin Peaceful Picketing, L. B. Lea S.Ed.

Michigan Law Review

Plaintiff was a wholesale ice distributor, selling ice to independent contractors. Defendants were members and officers of a union which represented many of the truck drivers employed by these peddlers. In carrying out a scheme to unionize all peddlers, defendants attempted to obtain plaintiff's agreement not to sell ice to non-union peddlers. Such an agreement would violate the state anti-trust law. On plaintiff's refusal, defendants peacefully picketed its plant. Plaintiff immediately suffered an 85% loss of business, and the state court granted it an injunction against the picketing. On appeal to the Supreme Court of the United States, held, …

The Tennessee Law Of Arrest, Rollin M. Perkins

Vanderbilt Law Review

The many sections in the Tennessee Code' dealing with arrest constitute an incomplete codification of the common law of this subject modified by some important changes. This statutory material leaves the common law in full force wherever it is either silent on the particular point or merely restates the preexisting rule. Those sections which produce results different from those found under the unwritten law leave the latter in the realm of matters having historical interest only, as far as the law of this state is concerned. The purpose of this undertaking is to depict the present law of Tennessee on …

Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers

Michigan Law Review

While it is now well settled that a corporation has the power to acquire and hold real estate, this power may be limited by the charter creating the corporation, by legislative enactments of a general nature, or by specific constitutional provisions. When such a limitation is imposed by constitution, a problem of construction arises in interpreting it in a workable way after the social conditions motivating it have changed or disappeared.

Bankruptcy-Jurisdiction Of Bankruptcy Court To Determine Stockholders' Vote Necessary To Approve Proposed Sale Of Corporation's Assets To Debtor In Reorganization, Bernard Goldstone S. Ed.

Michigan Law Review

Lessee railroad, which had leased and operated property of lessor railroad for many years, entered reorganization under section 77 of the Bankruptcy Act. Under the plan of reorganization promulgated by the Interstate Commerce Commission and approved by the bankruptcy court, lessor was given the alternative of selling its property to the reorganized railroad or having the lease disaffirmed by the debtor and its property returned. This proposal was submitted for acceptance by a majority vote of lessor's stockholders. Respondents, stockholders of lessor, sought an injunction in a state court of Georgia to restrain lessor's officers from certifying the acceptance in …

Future Interests-Rule As To Remoteness Of Vesting In California, Howard W. Haftel S. Ed.

Michigan Law Review

T devised the income of a trust to his unmarried daughter for life. If at her death there were living issue of the daughter, the income was to be distributed to such issue until 24 years after T's death. The trust was then to terminate, unless issue, who had been living at T's death, should survive the 24-year period, in which event the income was to continue to be distributed until the death of such issue. It was further provided, "if my said daughter survives me, but at the time of her death leaves no issue of hers …

Real Property-Rights In Land-Construction Of Restrictive Covenants, Donald D. Davis

Michigan Law Review

Excepting a small area set aside for business purposes, the deeds conveying more than 1300 lots in the University Heights addition of the City of Albuquerque contained restrictive covenants, the part here involved providing "no building other than dwelling houses . . . to be erected . . . . [N]or shall any building erected on said lots be used . . . for any other purpose than as private dwelling places." Plaintiff, a lot owner in the addition who used his lot as a residence, sought to enjoin defendant's use of two of the restricted lots for parking automobiles …

Future Interests-Worthier Title Doctrine, David H. Armstrong S. Ed.

Michigan Law Review

Plaintiff created an irrevocable trust of $75,000, reserving the income to himself for life and directing distribution of the corpus upon his death to his heirs according to the California laws of succession in existence at his death. Later he sued to terminate the trust on the theory that since the worthier title doctrine prevented creation of a remainder in his heirs, he was sole beneficiary. The intermediate California appellate court held that the worthier title doctrine was inapplicable because of a California statute changing the word "heirs" from one of limitation to one of purchase. Therefore, the outstanding remainder …