State and Local Government Law Commons^™

State Immunity From Federal Suit -- When Can Congress Alter The Balance?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Defining California Civil Code Section 47 (3): The Resurgence Of Self-Governance, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Preclusion And Federal Choice Of Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole

Articles by Maurer Faculty

A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.

Tribal Bedlands Claims Since Montana V. United States, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Regulation Of Not-For-Profit Corporations In Indiana, John T. Baker

Articles by Maurer Faculty

No abstract provided.

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

Articles by Maurer Faculty

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 …

"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.

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

Articles by Maurer Faculty

No abstract provided.

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.

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

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.

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 …

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.

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 …

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

Articles by Maurer Faculty

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.

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.

Indiana's Receding Southern Boundary, Leon H. Wallace

Articles by Maurer Faculty

Proposed construction of Mt. Vernon Port emphasizes important legal questions currently involved. Leon H. Wallace, I. U. Law Professor, discovers and reports interesting history of location of Indiana-Kentucky border and the deep penetration into Hoosier territory as construction of dams pushes river's low water line, the accepted boundary, northward.

Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace

Articles by Maurer Faculty

No abstract provided.

Interstate Rendition: Rights And Remedies Of The Accused Seeking Asylum In Massachusetts, Gene R. Shreve

Articles by Maurer Faculty

The subject of Interstate Rendition is one of conspicuous unfamiliarity to the average Massachusetts lawyer. Yet, as this article indicates, the rendition hearing presents a valuable opportunity to alert defense counsel to assist the accused at a critical stage of the criminal proceeding. The author, a graduate of Harvard Law School is presently law clerk to United States District Judge Sara/h T. Hughes of the Northern District of Texas. He formerly served as Massachusetts Assistant Attorney General where he presided at numerous rendition hearings conducted by the Department of the Attorney General for the Governor.

Book Review. Governing The Suburbs By Charles E. Gilbert, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Industrial Development Bonds And Economic Policy, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.