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Articles 14221 - 14250 of 16690

Full-Text Articles in State and Local Government Law

Baltimore City's Liability For Riot Damage: The Mayor As Conservator Of The Peace - Mayor & City Council Of Baltimore V. Silver Jan 1973

Baltimore City's Liability For Riot Damage: The Mayor As Conservator Of The Peace - Mayor & City Council Of Baltimore V. Silver

Maryland Law Review

No abstract provided.

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The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham Jan 1973

The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham

University of Michigan Journal of Law Reform

The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …

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Determining Permissible Municipal Expenditures: The Public Purpose Doctrine Revived, Richard A. Van Wert Jan 1973

Determining Permissible Municipal Expenditures: The Public Purpose Doctrine Revived, Richard A. Van Wert

University of Michigan Journal of Law Reform

This article surveys the criteria presently used by courts, commentators, and city officials in determining whether an expenditure of public funds is legally permissible. Each factor is then reevaluated to ascertain its place in a new attempt to determine more consistently the nature of proposed expenditures.

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Uninsured Motorist Coverage--Charting The Kentucky Course, Thomas M. Cooper Jan 1973

Uninsured Motorist Coverage--Charting The Kentucky Course, Thomas M. Cooper

Kentucky Law Journal

No abstract provided.

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Jim Payne - The Man, Julian E. Savage Jan 1973

Jim Payne - The Man, Julian E. Savage

University of Richmond Law Review

Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.

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Mandates Of The National Political Party Clash With Interests Of The Individual States As The Party Executes Its Policy By Abolition Of State Delegate Selection Results: Legal Issues Of The 1972 Democratic Convention And Beyond, Jeffrey J. Kent Jan 1973

Mandates Of The National Political Party Clash With Interests Of The Individual States As The Party Executes Its Policy By Abolition Of State Delegate Selection Results: Legal Issues Of The 1972 Democratic Convention And Beyond, Jeffrey J. Kent

Loyola University Chicago Law Journal

No abstract provided.

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A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones Jan 1973

A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones

Cleveland State Law Review

The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …

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Disorderly Conduct Statutes And Ohio, Charles M. Young Jan 1973

Disorderly Conduct Statutes And Ohio, Charles M. Young

Cleveland State Law Review

In Ohio, as throughout the country, the peace and good order of communities are often protected by vague disorderly conduct statutes which fail to sufficiently define prohibited conduct. The failure of such statutes to provide specific standards for enforcement, and the determination of the courts to uphold these laws, may lead to an arbitrary standard of justice. Whens the courts are presented with a vagueness question concerning an archaic city or state statute, they should be eager to void, rather than careful to limit and interpret the language of the law. It is the duty of the legislatures to provide …

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Home Rule - Identical Tax Levied By Illinois' Home Rule County And By Municipalities Creates No Conflict, Sally Warner Dawson Jan 1973

Home Rule - Identical Tax Levied By Illinois' Home Rule County And By Municipalities Creates No Conflict, Sally Warner Dawson

Loyola University Chicago Law Journal

No abstract provided.

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Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby Jan 1973

Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby

Cleveland State Law Review

Case comment on Cincinnati v. Hoffman.

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A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr. Jan 1973

A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.

Cleveland State Law Review

The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …

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Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack Jan 1973

Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack

Cleveland State Law Review

In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.

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Judicial Review For Ohio's Civil Servants, Donald Applestein Jan 1973

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.

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Judicial Review Of Zoning Adminstration, Richard A. Pelletier Jan 1973

Judicial Review Of Zoning Adminstration, Richard A. Pelletier

Cleveland State Law Review

This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …

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The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont Jan 1973

The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont

University of Michigan Journal of Law Reform

After considering the present pattern of probate court structure in the United States, this article considers the need for probate court reform as reflected in the deficiencies of the present system. It further indicates that a realistic choice of court structure by legislatures will ultimately be made from among three options: (1) to enlarge the jurisdiction of the present probate court of the state more nearly to approximate the form currently obtaining in several states; (2) to appoint a new body of probate judges and thus create an entirely new court; and (3) to enlarge the jurisdiction of the present …

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Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller Jan 1973

Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller

University of Michigan Journal of Law Reform

Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …

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The Roles Of Architect And Contractor In Construction Management, John E. Lehman Jan 1973

The Roles Of Architect And Contractor In Construction Management, John E. Lehman

University of Michigan Journal of Law Reform

For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …

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Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell Jan 1973

Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell

University of Michigan Journal of Law Reform

Public awareness of the need for protection from fraudulent vendors of undeveloped land recurs periodically and has led to brief flurries of legislative and journalistic attention since the Florida land boom of the 1920s. Despite the rush of state and federal legislation enacted in recent years to combat sharp practices in the land development field, the need for stronger regulation has been revealed by testimony at public hearings held by the Office of Interstate Land Sales Registration as well as by numerous news accounts of questionable tactics employed by some land development promoters. The recent actions of the Federal Trade …

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Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell Jan 1973

Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell

University of Michigan Journal of Law Reform

Limited partners have long been admonished to scrutinize potential investments; this advice is often ignored, however, by investors eager to reap quick profits. Furthermore, the proliferation of limited partnership interests in a single enterprise diffuses the focus of investor vigilance and increases the potential for undetected abuses. Thus a need for regulation, either governmental or private, has developed. Currently the Uniform Limited Partnership Act and blue sky laws provide some control of limited partnership abuses at the state level. On the interstate level, the Midwest Securities Commissioners Association, the National Association of Securities Dealers, and the Securities and Exchange Commission …

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Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz Jan 1973

Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz

University of Michigan Journal of Law Reform

This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …

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Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble Jan 1973

Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble

University of Michigan Journal of Law Reform

This article is a description of a study of cases filed and tried in the Detroit, Michigan, Common Pleas Court, Landlord-Tenant Division, during 1970 and 1971. The court is in a large urban center and handles a high volume of cases, in most of which one or both parties appear without an attorney. The impetus for the study was Michigan legislation passed in 1968, which gave tenants additional defenses to summary eviction procedures. The main goal of the study was to observe the effects of the legislation on tenants who were subject to summary proceedings in Detroit. The purpose of …

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An Introduction To The Kentucky Penal Code: A Critique Of Pure Reason?, Kathleen F. Brickey Jan 1973

An Introduction To The Kentucky Penal Code: A Critique Of Pure Reason?, Kathleen F. Brickey

Kentucky Law Journal

No abstract provided.

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Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett Jan 1973

Authorized Dispositions Of Offenders Under The New Kentucky Penal Code, Gregory M. Bartlett

Kentucky Law Journal

No abstract provided.

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Classification Of Offenses And Disposition Of Offenders, Marvin L. Coan Jan 1973

Classification Of Offenses And Disposition Of Offenders, Marvin L. Coan

Kentucky Law Journal

No abstract provided.

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Double Jeopardy And The New Kentucky Penal Code, Neil S. Hackworth Jan 1973

Double Jeopardy And The New Kentucky Penal Code, Neil S. Hackworth

Kentucky Law Journal

No abstract provided.

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The Kentucky Consumer Act--True Happiness?, Levi Daniel Boone Iii Jan 1973

The Kentucky Consumer Act--True Happiness?, Levi Daniel Boone Iii

Kentucky Law Journal

No abstract provided.

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Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark Jan 1973

Character Evidence--The Rules Of Admissibility In Criminal Cases In Kentucky, Merle C. Clark

Kentucky Law Journal

No abstract provided.

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Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller Jan 1973

Kentucky's New Dissolution Of Marriage Law, Thomas W. Miller

Kentucky Law Journal

No abstract provided.

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Recent Changes In The Kentucky Securities Law, Richard A. Getty Jan 1973

Recent Changes In The Kentucky Securities Law, Richard A. Getty

Kentucky Law Journal

No abstract provided.

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Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm Jan 1973

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.

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