State and Local Government Law Commons^™

Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

State Insurance Takeover Acts: A Constitutional Analysis After Edgar V. Mite, Christopher Keele

Indiana Law Journal

No abstract provided.

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Evidence: Survey Of Recent Developments In Indiana Law, J. Alexander Tanford

Articles by Maurer Faculty

With rare exceptions, Indiana evidence law progresses slowly and holds closely to the traditional concepts of the common law. This Survey Article collects the several important cases decided during the past year that continue this development of Indiana's common law of evidence. A general word of caution is in order concerning the Indiana appellate courts' evidence cases. Most evidence issues arise in criminal cases, in which convicted defendants allege error in the admission of evidence against them or in the exclusion of evidence offered in their defense. A ruling in favor of the defendant could result in the reversal of …

The Arkansas Colonial Legal System, 1686-1766, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

"It's My Party And I'Ll Cry If I Want To": State Intrusions Upon The Associational Freedoms Of Political Parties -- Democratic Party Of The United States V. Wisconsin Ex Rel. La Follette, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

Indiana's Implied Warranty Of Fitness For Habitation: Limited Protection For Used Home Buyers, Gregory L. Crider

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982

In Search Of A Choice-Of-Law Reviewing Standard -- Reflections On Allstate Insurance Co. V. Hague, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Property As Government In Eighteenth-Century America: The Case Of New York City, Hendrik Hartog

Articles by Maurer Faculty

No abstract provided.

Anywhere But Here: An Introduction To State Control Of Hazardous-Waste Facility Location, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Automatic Fuel Adjustment Clauses: Time For A Hearing, Marshall A. Leaffer

Articles by Maurer Faculty

Through automatic fuel adjustment clauses, utilities in most states are permitted automatically to pass through to customers any increase in fuel costs, thereby circumventing a general rate hearing before a public utilities commission where the validity of any such rate increase could be publicly examined In this Article the author discusses the benefits and detriments of the automatic fuel adjustment clause, using the clause that existed in Ohio until quite recently as an example. He concludes that such a rate increase without a hearing can no longer be justified on the basis of uncontrollable fuel costs. Instead he advocates adoption …

Political Markets And Community Self-Determination: Competing Judicial Models Of Local Government Legitimacy, Frank I. Michelman

Indiana Law Journal

This article is a significantly revised version of the Harris Lectures delivered in April, 1977 at the Indiana University School of Law of Bloomington.

The Minnesota Recreational Use Statute: A Preliminary Analysis, Donald H. Gjerdingen

Articles by Maurer Faculty

In the past twenty-four years, Minnesota and forty-two other states in an effort to ease the growing burden on public parks and campgrounds have enacted recreational use statutes to encourage private landowners to open their land to the public for recreational use. As incentive, the statutes offer the landowners a limited form of tort immunity if they gratuitously allow entry for recreational use. Despite their simplicity, the possible ramifications of the statutes in the area of premises liability law are far-reaching. This Note analyzes the Minnesota recreational use statute and suggests a theoretical framework for its interpretation.

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Indiana City Attorneys: A Conflict Of Interests, Christina Mckee

Indiana Law Journal

No abstract provided.

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the …

Annexation And The Jurisdictional Attack In Indiana: The City Comes To Visit, George T. Mcnaughton

Indiana Law Journal

No abstract provided.

State Consumer Protection In A Federal System, Robert M. O'Neil

Articles by Maurer Faculty

Increasing interest in consumerism has brought intensified efforts at every level of government to protect the consumer. While federal regulation seems desirable for nationally marketed products and interstate activities, the states retain the duty to protect the health and safety of their citizens. Where state regulation is more restrictive than concurrent federal regulation, however, the constitutional issue of preemption arises.

This Article analyzes the factors which have influenced the courts in resolving conflicts between federal and state regulation in the consumer field. Emphasizing the need for concurrent regulation, the author formulates guidelines by which the courts can examine the purposes …

Defining "Municipal Or Internal Affairs": The Limits Of Power For Indiana Cities, Philip R. Cockerille

Indiana Law Journal

No abstract provided.

The Minnesota Tax Title: An Argument For Its Marketability -- The 1874 Forfeiture System From A 1974 Perspective, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

Jury Selection In The State Of Indiana, Public Law Reform Organization

IUSTITIA

The task force was aware of some criticisms of the method of selection of jurors in Indiana courts, raised primarily by attorneys in motions and appellate briefs. A few court cases in Indiana, the federal courts, and other states, had also indicated possible constitutional flaws in a system of juror selection such as Indiana's. With an awareness of these complaints and possible defects, the organization conducted an empirical study of juror selection in Indiana in an attempt to find out how jurors are selected in actual practice, and then began legal research to determine if, in fact, there are legal …

How Citizens Can Use The Initiative Power, Robert L. Scott

IUSTITIA

The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.

The Indiana Trust Code -- Application To Pre-Existing Trusts, T. Bryan Underwood

Articles by Maurer Faculty

No abstract provided.

Criminal Law Notes: The Uniform Controlled Substance Act Of 1973 -- A Hiatus In Criminal Law, F. Thomas Schornhorst

Articles by Maurer Faculty

No abstract provided.

The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Book Review. The Zoning Dilemma By D. R. Mandelker, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.