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Articles 14431 - 14460 of 16690

Full-Text Articles in State and Local Government Law

Newsletter - 1971-01-07, E. De La Garza Jan 1971

Newsletter - 1971-01-07, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


Should States Adopt The Uniform Consumer Credit Code?, George W. Stengel Jan 1971

Should States Adopt The Uniform Consumer Credit Code?, George W. Stengel

Kentucky Law Journal

No abstract provided.


Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander Jan 1971

Local Government Action In The Control Of Environmental Pollution In The Commonwealth Of Pennsylvania, Dennis W. Alexander

Villanova Law Review (1956 - )

No abstract provided.


Searches Without Warrants, Jerold H. Israel Jan 1971

Searches Without Warrants, Jerold H. Israel

Book Chapters

My primary area of concentration today is the search made without a warrant. Studies indicate that 95 percent or more of all searches are without warrants. It is quite understandable, then, that most of the search-and-seizure litigation concerns the validity of searches without warrants.


Mental Illness And Criminal Commitment In Michigan, Grant H. Morris Jan 1971

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …


Criminal Law Revision In California, Arthur H. Sherry Jan 1971

Criminal Law Revision In California, Arthur H. Sherry

University of Michigan Journal of Law Reform

The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …


The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman Jan 1971

The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman

University of Michigan Journal of Law Reform

Illinois had no "Criminal Code" in the sense of a codified, systematic body of law functioning as an instrument of social control in a modern community. Many provisions had remained unchanged since Judge Lockwood, in submitting a revised draft of the Laws of Illinois to the Illinois General Assembly of 1827, described the small chapter on criminal jurisprudence as deriving primarily from a volume of the Laws of New York of 1802 which he brought with him to Illinois, and a volume of the Laws of Georgia which he located in the office of the Secretary of State. In fact, …


Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii Jan 1971

Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii

University of Michigan Journal of Law Reform

Criminal law revision has not been limited to the largest states, which have greater resources and legal facilities, but has also occurred in Delaware and Hawaii, states which have relatively small numbers of legal practitioners, no local school of law, and relatively small populations. In both states, criminal law revision efforts were quite similar, in that an early decision was made to rely heavily on published revised codes of other jurisdictions and on the Model Penal Code, rather than undertaking an extensive initial study and preparing a unique code. The following article will compare the criminal law revision projects in …


New York Specious Cash Sales Act, Craig D. Holleman Jan 1971

New York Specious Cash Sales Act, Craig D. Holleman

University of Michigan Journal of Law Reform

The New York Legislature recently moved to protect consumers in that state from unscrupulous retailers of consumer goods and financers of consumer loans by enacting the Specious Cash Sales Act. The new law is the third in a series of measures designed to remedy certain perceived inequities to which the holder in due course doctrine gives rise in the consumer goods field. Earlier this year, the Legislature undercut complicated mechanisms whereby a finance company could procure from a retailer contracts and obligations containing a waiver-of-defenses provision executed by the buyer-consumer. This law in turn complemented a still earlier statute which …


A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland Jan 1971

A Re-Examination Of The Law Of Homicide In 1971: The Model Penal Code, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley Jan 1971

Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley

Indiana Law Journal

No abstract provided.


Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver Jan 1971

Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver

Indiana Law Journal

No abstract provided.


Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall Jan 1971

Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall

Cleveland State Law Review

Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …


Eminent Domain Date Of Valuation In Ohio, John Lombardo Jan 1971

Eminent Domain Date Of Valuation In Ohio, John Lombardo

Cleveland State Law Review

This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.


The Dilemma Of Adoptees In The Class Gift Structure--The Kentucky Approach: A Rule Without Reason, Gerald L. Greene, Michael J. Schmitt Jan 1971

The Dilemma Of Adoptees In The Class Gift Structure--The Kentucky Approach: A Rule Without Reason, Gerald L. Greene, Michael J. Schmitt

Kentucky Law Journal

No abstract provided.


The Uniform Consumer Credit Code: Changes It Would Make In Kentucky Law, Laura L. Murrell Jan 1971

The Uniform Consumer Credit Code: Changes It Would Make In Kentucky Law, Laura L. Murrell

Kentucky Law Journal

No abstract provided.


New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr. Jan 1971

New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr.

Buffalo Law Review

No abstract provided.


Conflict Of Interests And The Municipal Employee, Bernard M. Brodsky Jan 1971

Conflict Of Interests And The Municipal Employee, Bernard M. Brodsky

Buffalo Law Review

No abstract provided.


Book Review, David Getches Jan 1971

Book Review, David Getches

Publications

No abstract provided.


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1971, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1971

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1971, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


Reflection On The Law Reforming Process, Sanford J. Fox Jan 1971

Reflection On The Law Reforming Process, Sanford J. Fox

University of Michigan Journal of Law Reform

This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …


Reducing The Size Of Juries, David M. Powell Jan 1971

Reducing The Size Of Juries, David M. Powell

University of Michigan Journal of Law Reform

In recent years, court dockets have become increasingly congested. The resulting delays place a great burden both on civil litigants and on the criminally accused who often await trial for more than two years. In responding to this problem, jurists have focused on trial by jury and have typically suggested modifications of two types: either limiting access to juries by litigants, or increasing the efficiency of the juries themselves. Some critics have even contended that the anachronistic procedure of jury trials is such an undue burden on the judicial system that it should be abolished in the interest of efficient …


University Of Richmond Law Review Table Of Contents Jan 1971

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.


Right To Counsel In Virginia Jan 1971

Right To Counsel In Virginia

University of Richmond Law Review

The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …


Local Government In Sweden, Terrance Sandalow Jan 1971

Local Government In Sweden, Terrance Sandalow

Articles

Ever since the publication of Marquis Childs' The Middle Way, Americans of liberal persuasion have tended to point to Sweden as a model, a nation which simultaneously has achieved rapid economic growth, eliminated poverty, and maintained individual and political freedom. Swedish cities, and especially Stockholm, are reputed to be among the best planned in the world. Yet, for all the admiration that has been expressed, there has been surprisingly little investigation by Americans of the legal and governmental framework within which the Swedes have accomplished so much. The modest aim of this paper is to report the major outlines of …


The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden Jan 1971

The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden

Scholarly Works

Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …


Book Review. Con-Con: Issues For The Illinois Constitutional Convention, Leon Harry Wallace Jan 1971

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

Articles by Maurer Faculty

No abstract provided.


Newsletter - 1970-12-31, E. De La Garza Dec 1970

Newsletter - 1970-12-31, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


Newsletter - 1970-12-17b, E. De La Garza Dec 1970

Newsletter - 1970-12-17b, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.


Newsletter - 1970-12-17a, E. De La Garza Dec 1970

Newsletter - 1970-12-17a, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.