Law Commons^™

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

Recent Developments

American Indian Law Review

No abstract provided.

Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke

Florida State University Law Review

No abstract provided.

Jurisdiction: Federal Court, Federal Question; Taxation: State; Tribal Courts: Judicial Immunity; Indian Civil Rights Act: Federal Jurisdiction; Rights Of Way: Railroads; Jurisdiction, Federal Courts: Exhaustion Of Tribal Remedies; Equal Protection: Illegitimates; Civil Procedure: Full Faith And Credit

American Indian Law Review

No abstract provided.

Labor Law-Constitutional Law-State Anti-Closed Shop Legislation Upheld, Jerry S. Mccroskey S. Ed.

Michigan Law Review

Appellant, a local union of the American Federation of Labor, sought a declaratory judgment and equitable relief in the Nebraska courts as a result of appellee's refusal to discharge certain employees who had failed to maintain membership in the union. The employer relied on an anti-closed shop amendment to the Nebraska Constitution forbidding discrimination in employment on the basis of affiliation with a union and prohibiting contracts for this purpose. Appellant's assertions of invalidity of the amendment under the Federal Constitution were rejected by the state courts. Upon appeal to the United States Supreme Court, held affirmed, all justices concurring. …

Courts - Federal Courts - Diversity Of Citizenship Requirement - Persons Evacuated To Other States By Government Order, Michigan Law Review

Michigan Law Review

Plaintiffs were United States citizens of Japanese ancestry domiciled in California. By order of the Western Defense Command, United States Army, they were removed to the Gila River Relocation Center, Arizona. Defendants were residents of California. After their relocation plaintiffs brought this action in the United States District Court for the Southern District of California "to terminate trust, for an accounting, and for appointment of a receiver," and jurisdiction of the federal court was based solely on allegations of diversity of citizenship. Held, action dismissed for want of jurisdiction. A person moving under legal or physical compulsion, from his …

Corporations - Statutes Declaring Watered Stock Void - Effect Upon The Stockholder's Liability To Creditors

Michigan Law Review

Prior to the present era of "blue sky" laws providing for the careful scrutiny by the state of the issuance of stock, the evil of watered stock was sought to be curbed by constitutional and statutory provisions of a prohibitory and often penal nature. These statutes and constitutional provisions very generally take one of two forms.

The Colorado and the Arizona provisions are typical. In practical effect the two types of provisions are indistinguishable. The phrase "bona fide subscribers" in the Arizona form is construed to mean one who actually turns something of value over to the corporation in lieu …

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

"Lightning Cases" Under Workmen's Compensation Acts

Michigan Law Review

A farm hand, sent by his employer to work for a day at a neighbor's farm, was killed by lightning while returning home. At the time of the accident he was driving a team of horses, without a wagon, and was crossing a "high, rocky hill near a wire fence." An award under the Colorado Compensation Act was affirmed by the district court. On appeal from this affirmance, held, by a majority of the court, that "since Oakley's employment required him to be in a position where the lightning struck him, there was a causal relation between employment and …