State and Local Government Law Commons^™

The Texas Rule Of Liability Of Owners And Occupiers Of Land For Injuries Sustained By Business Invitees On The Premises - Revisited And Reconsidered., Larry R. Patton

St. Mary's Law Journal

Abstract Forthcoming.

The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider

Michigan Law Review

In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …

Newsletter - 1973-11-29, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1973-11-22, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1973-11-15, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1973-11-08, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1973-11-01, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review

Michigan Law Review

In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …

Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis

Michigan Law Review

This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …

Newsletter - 1973-10-25, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Newsletter - 1973-10-18, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

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.

Newsletter - 1973-10-11, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 9

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Newsletter - 1973-10-04, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 8

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Gilmore V. City Of Montgomery, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reallocation Of Responsibilities And/Or Financing For Selected Municipal Services To The State: A Municipal Finance Alternative, Joseph S. Slavet, Katharine L. Bradbury, Philip I. Moss, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

This report recommends that the administration and/or financing of a selected group of public services be shifted from municipalities to the state government in Massachusetts.

Several criteria are used to identify local functions and local fiscal responsibilities which are more suitable for state than local financing. The first criterion is the efficiency of delivery of the service: for some functions, such as solid waste disposal, technology makes it more costly per capita to provide the service separately through individual municipalities than to operate regionally-based waste disposal facilities. The second criterion is the degree to which residents of the service area …

Sociocultural Impact Of Reservoirs On Local Government Institutions, Philip Drucker, Jerry Eugene Clark, Lesker Dianne Smith

KWRRI Research Reports

This study of the probable sociocultural impact of a proposed reservoir in central Kentucky on the institutions of local governments of a community adjacent to the reservoir utilizes anthropological concepts of social values and cultural and social change as well as anthropological research techniques. Data on observed impact on the same institutions in communities adjacent to two recently completed Kentucky reservoirs permit inferences as to probable directions and extent of reservoir-related change. Specific aspects of impact considered include: effects of reduction of the county tax base due to Federal acquisition of lands, including necessity for increased severity of taxes and …

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

American Independence And The Law: A Study Of Post-Revolutionary South Carolina Legislation, James W. Ely, Jr.

Vanderbilt Law Review

Joseph Brevard, a South Carolina judge, observed in 1814 that "the laws of a country form the most instructive portion of its history." Certainly the successive printed collections of state statutes are among the most reliable and readily available sources for early American legal history. While statutes on their face do not reveal the extent to which they proved effective, the fact remains that to a unique degree statute law, as the product of the legislative process, mirrors the considered values and ideals of a society. Yet the legal history of South Carolina, and indeed that of most southern states, …

Journal Of The 1973 Constitutional Convention Vol. 1, No. 7

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Newsletter - 1973-09-27, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 6

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 5

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Newsletter - 1973-09-20, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 4

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 3

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.

Journal Of The 1973 Constitutional Convention Vol. 1, No. 2

Journals of the 1973 Constitutional Convention of Rhode Island

No abstract provided.