Law Commons^™

Toward Effective Municipal Zoning, Arval Morris

Washington Law Review

Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

Municipal Corporations—Municipality Can Waive A Contractual Limitation On Bringing Action, Buffalo Law Review

Buffalo Law Review

Planet Construction Corp. v. Board of Education of the City of New York, 7 N.Y.2d 381, 198 N.Y.S.2d 68 (1960).

Municipal Corporations—Judgment Of Jury Not To Be Substituted For Determination Of City's Board Of Safety, Buffalo Law Review

Buffalo Law Review

Weiss v. Fote, 7 N.Y.2d 579, 200 N.Y.S2d 409 (1960).

The Shifting Of Tort Loss In Municipal Corporation Law, Chester James Antieau

Buffalo Law Review

No abstract provided.

Municipal Corporations—Contribution Deficiencies To City Pension Fund Due To Extension Of Benefits, Buffalo Law Review

Buffalo Law Review

Dunn v. City of New York, 7 N.Y.2d 232, 196 N.Y.S.2d 686 (1959).

Miscellaneous—Practical Construction Of Statute By County Clerk Controlling, Buffalo Law Review

Buffalo Law Review

Lockport Union-Sun and Journal Inc. v. Preisch, 8 N.Y.2d 54, 201 N.Y.S.2d 505 (1960).

Miscellaneous—Authority Of Park Commissions To Enact Ordinances, Buffalo Law Review

Buffalo Law Review

People v. Alexander, 7 N.Y.2d 39, 194 N.Y.S.2d 495 (1959).

Bills And Notes -- 1960 Tennessee Surveys, B. Gilreath

Vanderbilt Law Review

The fact that there was only one reported Tennessee decision during the survey period for 1958, none in 1959 and again only one for 1960, is a high tribute to the settled condition of the law of negotiable instruments, and the knowledge and wisdom of the lawyers of that state. When the law on any subject is settled and known men can make their contracts and engage in their transactions with security; uncertainty breeds doubt, confusion, strife, litigation and loss.

Local Government, Donna Berg

Washington Law Review

Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.

Sunday Observance Laws, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Book Reviews, Lee S. Greene (Reviewer), Earl F. Murphy (Reviewer)

Vanderbilt Law Review

Index Digest of State Constitutions:

This is a revision of the first edition of Index Digest of State Constitution prepared in 1915 for the use of the New York State Constitutional Convention of that year. Both the first and the present second edition were prepared by the Legislative Drafting Research Fund of Columbia University. The editor of the present volume was Richard A. Edwards, who worked with the aid of associate editors James L. Blawie and Marilyn B. Blawie. Over forty years have passed since the first Index Digest appeared.This has been a period of some rewriting of state constitutions,considerable …

Operation Of Amendment To Limitation Of Action Statute, M D. W. Jr.

West Virginia Law Review

No abstract provided.

Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey

Michigan Law Review

Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …

Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.

Michigan Law Review

The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.

Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe

Michigan Law Review

The United States as assignee sought a joint judgment on four unsecured promissory notes signed by the defendants, who are husband and wife. The proceeds of the notes were used to improve real property held by the entireties by the defendants. The husband had filed in bankruptcy before the assignment of the notes to plaintiff and was discharged from his joint and several liability on the promissory notes prior to the commencement of any action on them. His estate by the entireties, however, was not used to satisfy any listed debts because under state law he had no divisible title …

Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.

Michigan Law Review

A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …

Stason, Estep & Pierce: Atoms And The Law, David F. Cavers

Michigan Law Review

A Review of ATOMS AND THE LAW. By E. Blythe Stason, Samuel D. Estep, and William J. Pierce.

Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck

Michigan Law Review

The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …

Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.

Michigan Law Review

The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.

Waiver Of Trial Jury In Felony Cases In Kentucky, Billy R. Paxton

Kentucky Law Journal

No abstract provided.

Liability Of A Sponsor Of A Driver's License In Indiana

Indiana Law Journal

No abstract provided.

Governmental Records Of Investigatory Nature Not Open To Public Inspection - Whittle V. Munshower, Harry E. Silverwood Jr.

Maryland Law Review

No abstract provided.

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.

Florida's Lakes: Problems In A Water Paradise, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

The State Legislative Institution, By Jefferson B. Fordham, Reed Dickerson

Indiana Law Journal

No abstract provided.

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Trial Procedure--The Special Verdict In Civil Cases, John T. Bondurant

Kentucky Law Journal

No abstract provided.