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Articles 1 - 5 of 5
Full-Text Articles in Law
Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.
Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.
Scholarly Works
In November 1977, the Supreme Court of Georgia rendered a decision in City of Atlanta v. Myers which invalidated a municipal ordinance requiring that police officers and firefighters be residents of the municipality. The public media, in its discussion of the decision, primariily pointed out the residency requirement, the policy behind it, and its advantages and disadvantages to the cause of good government--all important matters. As frequently happens, however, even more crucial considerations in the case may have gone unheralded. From the legal perspective, that is, the importance of the decision and its implications may considerably transcend the factual context …
Through A Glass Darkly: Equal Protection For Home Rule Units In Illinois – Urbana V. Houser, Daniel H. Derby
Through A Glass Darkly: Equal Protection For Home Rule Units In Illinois – Urbana V. Houser, Daniel H. Derby
Scholarly Works
No abstract provided.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer
Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer
Scholarly Works
In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.
Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson
Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson
Scholarly Works
Legal scholars have generally discussed the political question doctrine as part of the larger debate over the legitimacy of judicial review. Points of discordance aside, scholars have agreed that the doctrine is “a classic technique of judicial avoidance, a way of allowing a governmental decision to stand without involving the Court in supporting its legitimacy.” Thus, debate over the objectives, legitimacy and scope of the doctrine has traditionally proceeded from the unquestioned assumption that there exists a body of law which justifies judicial abstention from deciding some types of issues.
In recent years, however, some scholars have challenged the assumption …