Law Commons^™

State Power Over The Federal Contractor: A Problem In Federalism, Arthur S. Miller

Vanderbilt Law Review

In large measure both the federal officials, whose job it is to enter the commercial market to fulfill the government's material needs, and the federal contractor, wherever he may be and of whatever size he may be, tend to look upon attempts by states to tax or regulate with a skeptical eye. The state appears as some alien interloper whose activities result only in hardship and delay to the contractor and consequent annoyance and financial cost to the federal government. By and large, accordingly, a prevailing idea in the federal procurement circles seems to be that of avoiding, whenever possible, …

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

Municipal Corporations—Local Bill—Unconstitutional, Richard O. Robinson

Buffalo Law Review

Cutler v. Herman, 3 N.Y.2d 334, 165 N.Y.S.2d 449 (1957).

Municipal Corporations—Lodging Houses—Accessory To Hospital Use, Thomas Rosinski

Buffalo Law Review

DeMott v. Notey, 3 N.Y.2d 116, 164 N.Y.S.2d 398 (1957).

Municipal Corporations—Zoning Laws—Aesthetic Considerations, Robert Kaiser

Buffalo Law Review

Presnell v. Leslie, 3 N.Y.2d 384, 165 N.Y.S.2d 488 (1957).

Municipal Corporations—Notice In Indemnification Action Against Public Corporation, Morton Levy

Buffalo Law Review

Valstrey Service Corporation v. Board of Elections, Nassau County, 2 N.Y.2d .113, 161 N.Y.S.2d 52 (1957).

Municipal Corporations—Municipal Disposal Of Garbage—Governmental Function, Thomas Rosinski

Buffalo Law Review

Nehrbas v. Incorporated Village of Lloyd Harbor, 2 N.Y.2d 190, 159 N.Y.S.2d 145 (1957).

Municipal Corporations—Covenants Running With The Land—Town Law, Richard O. Robinson

Buffalo Law Review

Atlantic Beach Property Owners' Association v. Town of Hempstead, 3 N.Y.2d 434, 165 N.Y.S.2d 737 (1957).

Local Government Law, James Gay

Washington Law Review

Covers time in which claims must be filed against cities, the "Metro Act," urban renewal law, the local assessment procedure, and air pollution.

Reapportionment In The Indiana Legislature: Judicial Compulsion Of Legislative Duty

Indiana Law Journal

No abstract provided.

Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.

Michigan Law Review

A contractor submitted a bid for construction of facilities at an Arkansas Air Force Base over which the United States had not acquired jurisdiction. After this bid was accepted by the federal government and work on the project had begun, the contractor was tried by the Circuit Court of Pulaski County, Arkansas, and found guilty of submitting a bid, executing a contract, and commencing work as a contractor without the license required by Arkansas law. The Arkansas Supreme Court affirmed the judgment of the trial court. On appeal to the United States Supreme Court, held, reversed. In a brief …

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.

Michigan Law Review

Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

People Ex Rel. Department Of Public Works V. Russell [Dissent], Jesse W. Carter

Jesse Carter Opinions

Award of severance damages for landowner's non-abutting parcel in condemnation case was vacated because county road relocation did not impair landowner's easement on parcel but was an inconvenience suffered as member of public and was noncompensable.

Glendale V. Trondsen, Jesse W. Carter

Jesse Carter Opinions

A charge for rubbish collection that was imposed by a city ordinance was a reasonable exercise of the police power. Residents received the benefit of rubbish collection availability notwithstanding fact that they chose not to use the services.

State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden

Michigan Law Review

The Utah Constitution provides: "The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.'' Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies …

Wilson V. Beville, Jesse W. Carter

Jesse Carter Opinions

Landowner was not required to file a claim with the city before obtaining compensation for taking a part of his property for a public street easement under the doctrine of inverse condemnation.

Walnut Creek V. Silveira, Jesse W. Carter

Jesse Carter Opinions

Limited Obligation Bond Law was a valid general law because it related to a municipal affair by providing new streets to provide for the greatly increased traffic circulation in commercial area and general fund was not liable for payment of bonds.

Fair Trade And The State Constitutions -- A New Trend, Edward J. Kohrs

Vanderbilt Law Review

The proponents of resale price maintenance will mark the years 1955 and 1956 as a period of major setbacks. The past two years have seen the highest courts of eight states' invalidate state Fair Trade laws. The rapid development of this trend is surprising in view of the fact that prior to 1949, the constitutionality of such legislation under the state constitutions had been upheld by every state court in which it was attacked, and was widely regarded as a settled proposition.

Much has been written explaining, defending, and condemning the concept of Fair Trade, and no attempt will be …

Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.

Michigan Law Review

In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …

Santa Barbara County Water Agency V. All Persons & Parties [Dissent], Jesse W. Carter

Jesse Carter Opinions

Trial court properly declared validity of existence of county water agency and member units, but improperly declared contracts valid because excess land provisions in contracts would have constituted denials of due process and equal protection.

The Political Process In Kentucky, Jasper Shannon

Kentucky Law Journal

No abstract provided.

The Granting Of Variances From The Zoning Ordinance By The Lexington-Fayette County Board Of Adjustment, Wayne J. Carroll

Kentucky Law Journal

No abstract provided.

Method Of Choosing Delegates And Officials Of Political Parties, J. E. Reeves, William C. Brafford

Kentucky Law Journal

No abstract provided.

Elections—Right Of Town Board To Fill Vacancy, John G. Putnam Jr.

Buffalo Law Review

Furk v. Board of Supervisors of County of Sullivan, 1 N. Y. 2d 128, 134 N. E. 2d 104 (1956).

Municipal Corporations—Pension Rights, Vincent P. Furlong

Buffalo Law Review

Pauley v. McGovern, 1 N. Y. 2d 261, 134 N. E. 2d 819 (1956).

Municipal Corporations—Prevailing Wage, Weston Wardell Jr.

Buffalo Law Review

Driesbach v. City of New York, 1 N. Y. 2d 272, 135 N. E. 2d 32 (1956).

Municipal Corporations—Powers Of Town Trustees, Richard F. Griffin

Buffalo Law Review

Knapp v. Fasbender, 16. 1 N. Y. 2d 212, 134 N. E. 2d 482 (1956).