State and Local Government Law Commons^™

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

Appeal No. 0004: Evelyn H. Lyons 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 #8

State Legislatures In American Politics, By Alexander Heard

Washington and Lee Law Review

No abstract provided.

Investigation And Discovery In State Antitrust, Bernie R. Burrus

Michigan Legal Studies Series

Monograph submitted in partial fulfillment of the requirements for the S.J.D. degree at the University of Michigan Law School.

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.

Municipal Immunity In Police Torts, Carol F. Dakin

Cleveland State Law Review

This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

Open Housing Meets My Old Kentucky Home: A Study Of Open Housing With Special Attention To Implications For Kentucky, Steven L. Beshear, Thomas L. Hindes, M. W. Schryver, Richard O. Stevenson

Kentucky Law Journal

No abstract provided.

Kentucky's Invasion Of Privacy Tort--A Reappraisal, W. Thomas Bunch

Kentucky Law Journal

No abstract provided.

The 1967-68 Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review

Michigan Law Review

From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …

The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass G. Boshkoff

Michigan Law Review

The draftsmen of Article Seven were well aware of the problems caused by irregular issuance of warehouse receipts and there will be fewer problems of irregularity under the Code for two reasons. First, the Code's formal requirements for issuance of warehouse receipts are less stringent than are those imposed by the UWRA, thereby lessening the chances of any irregularity occurring. Second, the Code contains two sections which aim to minimize the consequences of any irregularities which may occur. In this article I will discuss the types of defects that have been troublesome over the years, focussing on the ways in …

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

The Ex-Convict's Right To Vote, David H. Getches

Publications

No abstract provided.

The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell, Jr.

Georgia Law Review

The time has come to think seriously and in detail about municipal annexation. Probably no other subject in local government law is receiving attention equal to that currently being directed to the expansion of municipal boundary lines. This is not to suggest that other considerations are unimportant; but necessarily much of the thinking on -this subject must be legal in nature.  As with many other matters, the law is expected to solve where not even devils would think to trod.

The continuation of the great American exodus from rural to urban areas, and the consequent swing of the political spotlight, …

The Doctrine Of Worthier Title In Arkansas, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Local Government In Missouri: The Crossroads Reached, Peter W. Salsich

All Faculty Scholarship

This article addresses the perceived inadequacy of the State of Missouri’s statutory tools to modernize local government. Some of the more extreme examples of conflicting and obsolete provisions in the laws affecting local government in Missouri are discussed. In many instances these obsolete statutes severely restricted the operations of municipalities. The article also looks at laws relating to special benefit districts, problems in county government, and the issue of home rule. Many of the concerns addressed in this article have to do with the overlap that exists among political subdivisions within a given area, such as counties, cities, and special …

Water Pollution -- Attempts To Decontaminate Florida Law, Sheldon J. Plager, Frank E. Maloney, Fletcher N. Baldwin Jr.

Articles by Maurer Faculty

No abstract provided.

Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. The Zoning Game By R. F. Babcock, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Corporate Principal Place Of Business: A Resolution And Revision, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review

Michigan Law Review

With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.

Indiana Labor Relations Law: The Case For A State Labor Relations Act, Julius G. Getman

Indiana Law Journal

No abstract provided.

Legislative Apportionment In Indiana: A Case History, Leon H. Wallace

Indiana Law Journal

No abstract provided.

The Legislature's Power To Judge The Qualifications Of Its Members, Law Review Staff

Vanderbilt Law Review

Because federal and state constitutions require members of the legislative branch of the government to meet certain qualifications, the legal existence of a legislative body is dependent upon compliance with those constitutional requirements.' However, by express constitutional provisions, and by traditional legislative practice and usage, the legislature itself is deemed to be the final judge of the election and qualifications of its members. Section 5 of article I of the United States Constitution provides: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members ...." The constitutions of all the states contain provisions to …

Newsletter - 1966-07-21, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Appeal No. 0001: Jerry Moore, Inc. 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 #4 and #5

Some Municipal Annexation Problems In West Virginia, John Payne Scherer

West Virginia Law Review

When a city or town in West Virginia desires to annex additional territory, it is frequently faced with perplexing problems in determining just what the proper procedures are. In some instances it is almost impossible to say with certainty whether certain annexation provisions of the code are applicable for a proposed annexation. One of the major problems is that the annexaton provisions of West Virginia's code are found in two separate chapters, chapter 8 and chapter 8A. The requirements for annexing additional territory are quite different in each of the two chapters. The purpose of this note is to examine …

Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon

Washington Law Review

The Seattle Municipal Code requires intermittent inspections by the fire chief of nonresidential buildings for the purpose of discovering and correcting fire hazards. Pursuant to the Code, an inspector, without a search warrant and without cause to believe that a fire hazard existed, sought entry into defendant's locked warehouse. Upon his refusal to allow entrance, defendant was tried and convicted for failing to submit to a fire inspection. On appeal, the conviction was affirmed. Held: The fourth amendment's prohibition of unreasonable search and seizure is not violated by a conviction for refusal to permit entrance into a commercial building for …