State and Local Government Law Commons^™

Note: Using Constitutional Zoning To Neutralize Adult Entertainment - Detroit To New York, Charles T. Fee, Jr.

Fordham Urban Law Journal

In an effort to prevent the spread of businesses specializing in adult entertainment, many cities have utilized zoning ordinances to combat problems in certain neighborhoods. New York City, Boston, and Detroit all have instituted such restrictions. This Note will consider whether the zoning of businesses specializing in adult entertainment is a legitimate exercise of the state's police power, analyzing its potential as a violation of the first amendment and the equal protection clause of the fourteenth amendment. In addition, the Note will examine the validity of using the twenty-first amendment to regulate adult entertainment businesses that serve alcoholic beverages.

Case Note: Constitutional Law - Due Process - Municipal Towing Ordinance Authorizing The Assessment Of Towing Fees And Storage Charges Without Notice And Opportunity For Hearing Violates Due Process, Laurie S. Schaffer

Fordham Urban Law Journal

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

Articles by Maurer Faculty

No abstract provided.

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

Articles

On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …

The Recodified New York Election Law: A Small Step In The Right Direction, John J. Keohane, Michael A. Vaccari

Fordham Urban Law Journal

During the 1976 national and local election campaigns, the New York State Election Law and its "Byzantine" procedures came under withering attack by both the candidates and the press. The inadequacies of the existing law had long been recognized and decried by numerous citizens groups and legislators. The first step toward much-needed substantive election law reform has been taken recently with the passage of an Election Law Recodification Act. The new law, passed under the sponsorship of Assemblyman Melvin H. Miller, Chairman of the Election Law Committee, went into effect on December 1, 1977. The Election Law Recodification is characterized …

Note: New York - A City In Crisis: Fiscal Emergency Legislation And The Constitutional Attacks, Gayle Gutekunst-Roth

Fordham Urban Law Journal

Generous spending and, some would add, fiscal mismanagement have been a New York City tradition, putting tremendous pressures on both the City and State budgets. To forestall the deterioration of the City's financial condition and the subsequent collapse of the City itself, the New York State Legislature enacted a series of laws, many of which were feverishly incorporated into the body of State law in extraordinary session. With the creation of public authorities, the authorization of State funds to aid these authorities, and State hindrance of the payment of municipal debt service obligations, came inevitable claims in the courts that …

Federalism And Federal Regulation Of Public Employers: The Implications Of National League Of Cities V. Usery, W. Harding Drane

Cleveland State Law Review

The purpose of this Note is to examine the limits of the federal commerce power when applied to the states as states, using as a focal point, the controversies which have arisen in the application of the Fair Labor Standards Act of 1938 (FLSA).

The Reports Of Charles Lee And Of John Brown, W. Hamilton Bryson

University of Richmond Law Review

The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …

A Challenge To Historic Preservation In Kentucky, Dale Deborah Brodkey

Kentucky Law Journal

No abstract provided.

Keeping Kidnapping In Its Place: When Does The Kentucky Exemption Apply?, Anne Adams Chesnut

Kentucky Law Journal

No abstract provided.

Recent Decisions, Ronald P. Cima, Douglas Berry, Jon L. Goodman

Vanderbilt Journal of Transnational Law

Recent Decisions

Act of State Doctrine--Act of State Doctrine precludes Judicial Inquiry into the Motivation underlying the Acts of a Foreign State in a Private Antitrust Suit

Ronald P. Cima

Preemption--State Statute Prohibiting Nonresidents or Aliens from Fishing in its Waters is Preempted by Federal Law

Douglas Berry

Warsaw Convention--Provision for Limiting Liability--Recoveries in Personal Injury Actions against Air Carrier Employees, as Well as Against the Air Carrier itself, are to be Limited by the Warsaw Convention

Jon L. Goodman

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

Foreword: Should Wyoming Adopt These Rules?, Christopher B. Mueller

Publications

No abstract provided.

Child, Parent, State And The Due Process Clause: An Essay On The Supreme Court’S Recent Work, John H. Garvey

Scholarly Articles

This Article will suggest that the right of autonomy, which limits state control over children, should be considered to reside not in the child alone, but in the family, just as the right against state interference with the family structure resides in the family. The shift in focus from children's rights to family rights implicitly accounts for the mental, physical, and emotional differences between children and adults. Moreover, protecting a family's right of autonomy insures that decisions on behalf of the child will be made by those presumptively best able to make such decisions, the parents.

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.

Newsletter - 1976-12-30, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1976-12-09, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Dead Man's Statute Before And After The Florida Evidence Code -- A Step In The Right Direction, Linda Jones Wells

Florida State University Law Review

No abstract provided.

Florida's No-Fault Divorce: Is It Really No-Fault?, Mary F. Clark

Florida State University Law Review

No abstract provided.

Proffitt V. State, 315 So. 2d 461 (Fla. 1975), Elaine Kay Freemyer

Florida State University Law Review

Evidence- HUSBAND-WIFE PRIVILEGE- TESTIMONY OF THIRD PARTY EAVESDROPPER CONCERNING PRIVILEGED COMMUNICATION ADMISSIBLE WHERE PRIVILEGED PARTY KNOWS OR HAS REASON TO KNOW OF EAVESDROPPER'S PRESENCE.

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

In this day, the general practice which does not typically touch upon some aspect of "local government law" is a rare one indeed. What may once have been peripheral has become truly central. These realities were duly reflected during the survey period, when the appellate courts rendered more than 80 material decisions and the General Assembly enacted more than 20 notable measures.

The court decisions are arranged by subject matter, and only the most noteworthy legislative products are included. Not surveyed are local and special enactments, population statutes, and resolutions proposing amendments to the constitution but not yet ratified.

Welcome …

Private Club's Lease From City At Token Rental Does Not Constitute State Action, Chix Miller

Mercer Law Review

In Golden v. Biscayne Bay Yacht Club, the U.S. Court of Appeals for the Fifth Circuit held that where the City of Miami's only connection with the defendant yacht club was its lease of certain bay bottom lands to the club for $1 per year, the action of the club in barring blacks and members of the Jewish religion from membership did not constitute state action under 42 U.S.C.A. §1983.

Biscayne Bay Yacht Club was organized in 1887, nine years before the City of Miami became a municipality. Except for the lease, the City of Miami never participated in …

Stacking Uninsured Motorist Protection, Medical Payments, And Personal Injury Protection Coverages In Texas., Edward J. York Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Texas Surface Mining And Reclamation Act - New Hope For Protection Of Texas Resources., Kay C. Martinez

St. Mary's Law Journal

Strip mining has been an increasingly important method of mineral extraction since the 1930's. It is economically preferable to shaft mining, for operator and consumer, because it extracts coal from the surface as opposed to the more costly methods of deep mining. More than 50% of all coal gets mined through the stripping method as of 1972. Unfortunately, some of the same characteristics which have made strip mining desirable have also produced extremely undesirable results in the environment. Sulfuric and sedimentary water pollution, caused by surface mining, affects the suitability of water for human consumption, and the stripping has often …

A Remedy For Undermade And Oversold Products - The Texas Deceptive Trade Practices Act., Michael P. Lynn

St. Mary's Law Journal

Abstract Forthcoming.

Real Estate Sale-Leaseback Agreements Under Texas Usury Law: Circumvention Or Sale., Douglas W. Poole

St. Mary's Law Journal

Abstract Forthcoming.

The Negligent Impairment Of Consortium - A Time For Recognition As A Cause Of Action In Texas., Jess C. Rickman

St. Mary's Law Journal

Abstract Forthcoming.

Newsletter - 1976-11-25, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Appeal No. 0022: Norman J. Scharde V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 219

Newsletter - 1976-10-21, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.