Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Kentucky (5)
- Abrogation (1)
- Active wrongdoing (1)
- Acts (1)
- Administrative remedies (1)
-
- Alabama State College for Negroes (1)
- American Bar Association (1)
- Baker v. Carr (1)
- Bolling v. Sharpe (1)
- Byrd v. Blue Ridge Rural Elec. Co-op. (1)
- Chancery (1)
- Choice-of-law (1)
- Committee on Metropolitan Trial Courts (1)
- Confederation (1)
- Court rules (1)
- Court systems (1)
- Decisional law (1)
- Discrimination (1)
- Diversity jurisdiction (1)
- Doctrine of laches (1)
- Due Process (1)
- Elections (1)
- Enabling Act (1)
- Equal Protection Clause (1)
- Erie R.R. Co. v. Tompkins (1)
- FTC v (1)
- Federal Court (1)
- Federal pre-emption doctrine (1)
- Federal right of action (1)
- Frontier (1)
- Publication
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Law
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …
Annexation By Municipal Corporations, John E. Iverson
Annexation By Municipal Corporations, John E. Iverson
Washington Law Review
Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Washington Law Review
In 1958 the Seattle City Council promulgated Ordinance No. 83784, which regulated the ownership and operation of juke boxes within the city. By the terms of this ordinance, one could own a juke box only upon the acquisition of a "juke box operator's license." Yet the ordinance authorized fewer consents than were already outstanding, and its prospective effect was such as to exclude all but existing licensees from the juke box field. Thus, when L. D. Ragan applied for an "operator's license" his application was denied. Ragan sought a judgment declaring this ordinance unconstitutional, and from an adverse ruling by …
State And Local Taxation -- 1961 Tennessee Survey (Ii), Paul J. Hartman
State And Local Taxation -- 1961 Tennessee Survey (Ii), Paul J. Hartman
Vanderbilt Law Review
During the period covered by this survey the pickings by way of decided cases have been pretty slim. Only two cases are here the subject of extended comment.' However, the comprehensive congressional study of state taxation of multistate business has been extended until July 1, 1963. The expanded congressional study now being conducted includes all forms of state taxation of interstate commerce, such as franchise taxes, sales and use taxes, gross receipts taxes, and ad valorem taxes. Under the chairmanship of Congressman Willis, a subcommittee of the House Judiciary Committee with the help of a sizeable staff and an advisory …
Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames
Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames
Vanderbilt Law Review
The Court's decision in Baker v. Carr was properly cast in terms of protecting individual rights under the equal protection clause, for this issue can be distinguished and separately handled. It does seem inevitable, however, that the decisions which set standards by which to determine invidious discrimination will also by these standards delineate, at least in broad outline, one aspect of what will be considered an acceptable "republican" form of government guaranteed by the Constitution.
Municipal Corporations--Power To License Plumbers Denied, John Everett Busch
Municipal Corporations--Power To License Plumbers Denied, John Everett Busch
West Virginia Law Review
No abstract provided.
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg
Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg
Michigan Law Review
Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Michigan Law Review
Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …
Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers
Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Michigan Law Review
A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Michigan Legal Studies Series
Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …
Comments, Various Editors
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …
Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Michigan Law Review
Plaintiff's decedent was killed by a fall down the elevator shaft of a building owned and maintained by the City of Detroit. Plaintiff alleged that defendant city negligently failed to protect and enclose the shaft, in violation of its own ordinances, and that such failure was the proximate cause of her husband's death. The city moved to dismiss, claiming that it was engaged in a governmental function and therefore was immune from tort liability. On appeal from an order dismissing the complaint, held, affirmed by an evenly divided court. However, a majority of the court prospectively overruled the judicial …
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Michigan Law Review
Recent Illinois legislation subjects foreign insurers who are not authorized to do business in Illinois and who circulate false advertising there to the jurisdiction of the state courts and the State Insurance Commissioner. When the Insurance Commissioner is informed of false or misleading advertising, he is to notify the supervisory insurance official of the domicile state of the foreign insurer. If this notice does not result in the cessation of the activity, the Commissioner may proceed against the insurer under the state's Unfair Trade Practice Act. Since the typical mail order insurer will not have agents or property within the …
The 1962 Congressional Redistricting In Kentucky, Malcolm E. Jewell
The 1962 Congressional Redistricting In Kentucky, Malcolm E. Jewell
Kentucky Law Journal
No abstract provided.
The Kentucky Interlocal Cooperation Act, Roy H. Owsley
The Kentucky Interlocal Cooperation Act, Roy H. Owsley
Kentucky Law Journal
No abstract provided.
The Horizontal Property Law Of Kentucky, John K. Skaggs Jr., Charles H. Erwin
The Horizontal Property Law Of Kentucky, John K. Skaggs Jr., Charles H. Erwin
Kentucky Law Journal
No abstract provided.
Kentucky Homicide Law With Recommendations, Roy Mitchell Moreland
Kentucky Homicide Law With Recommendations, Roy Mitchell Moreland
Kentucky Law Journal
No abstract provided.
A Few Thoughts On The Use Of The Consumers Price Index To Adjust Constitutional Salary Limits, Dick Roberts
A Few Thoughts On The Use Of The Consumers Price Index To Adjust Constitutional Salary Limits, Dick Roberts
Kentucky Law Journal
No abstract provided.
On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel
On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel
Articles
The Tennessee reapportionment decision, Baker v. Carr,' has been popularly characterized as one of the "very few judicial decisions which have fundamentally reshaped our constitutional system."'2 Newspaper and magazine commentators generally have predicted that the decision of last March is likely to "change the course of our history" by producing a drastic alteration in the balance of power on the state political scene.3 While this end may be desirable,4 any such estimate of the future impact of the Baker decision, at least insofar as its legal consequence is concerned,5 seems not only premature but somewhat exaggerated. The future significance of …
Mr. Justice Jackson: The Struggle For Federal Supremacy, William Burns Lawless
Mr. Justice Jackson: The Struggle For Federal Supremacy, William Burns Lawless
Journal Articles
Robert Houghwout Jackson, in defining the American way of life, reflects a penetrating self-analysis and summarizes his basic approach to judicial review. With this outlook, Attorney General Jackson was appointed to the United States Supreme Court in 1941 to fill the place left vacant by Harlan Fiske Stone upon his ascendancy to the position of Chief Justice. His appointment came at a time of political unrest and international tension. Bar and press were skeptical, indeed cynical, of "The Roosevelt Court." The days were wrapped in talk of defense, rearmament, neutrality, lend-lease. Just as a new relationship had been begrudgingly assumed …