State and Local Government Law Commons^™

Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon

Washington Law Review

Defendant was tried and convicted in a town municipal court on a charge of driving while under the influence of intoxicating liquor, in violation of a local ordinance. In the course of a trial de novo on appeal to superior court, the trial judge noted that there was no complaint in the case file. The town's counsel argued successfully that the arrest slip which had been entered into evidence served as the complaint under the new Traffic Rules for Courts of Limited Jurisdiction. Again convicted, defendant appealed, contending his conviction was defective for want of compliance with certain provisions of …

Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon

Washington Law Review

While plaintiff's shopping center was under construction, defendant second-class municipality prepared for installation of a stop light to aid traffic going to and from the center. A contractor was hired and the design was approved, but funds were not budgeted for the project. With the shopping center nearing completion, it was agreed that plaintiff would pay the cost of installation and defendant city would reimburse him out of the following year's budget. The city, without calling for bids on the contract, hired a contractor and plaintiff paid the cost of the traffic signal and its installation. In plaintiff's suit on …

Unemployment Compensation For Employees On Required Vacation Without Pay, Michigan Law Review

Michigan Law Review

The Social Security Act of 1935 created a federal-state system of unemployment compensation which permits the states to establish their mvn standards of qualification for unemployment benefits. All states have enacted statutes pursuant to this system and have established three basic conditions which a claimant must meet before he is entitled to benefits. First, he must be unemployed. Second, he must remain able to work and available for work. Third, he must be free from disqualification for such acts as voluntarily leaving work without good cause attributable to the employer or employing unit, discharge for conduct connected with the work, …

Procedure - Statute Of Limitations - Effect Of Nonresident Motorist Service On Tolling Provisions. Bergman V. Turpin, 206 Va. 539 (1965), Mark S. Dray

William & Mary Law Review

No abstract provided.

Off-The-Record Consultations And The Revised Model State Administrative Procedure Act, John H. Martin

Michigan Law Review

The drafters of the Revised Act have sought to resolve the confrontation of policy objectives in part by insisting that the decision maker refrain from off-the-record communications with any of the parties to the proceeding. However, there are a number of ambiguities in the act which indicate that it may be possible for state agencies to avoid this objective. Furthermore, implementation of the policy decisions of the drafters may prove to be undesirable for the overall operation of state administrative agencies. This comment will consider these two possible criticisms of the Revised Model Act and will suggest that changes be …

Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson

All Faculty Scholarship

There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …

Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney

Michigan Law Review

State legislatures have enacted civil service laws applicable to municipalities in order to ensure that local governments provide optimum services to their citizens. To achieve this objective, the laws restrict eligibility for public service positions to persons of proven qualifications. Although these statutes provide general guidelines for municipal employment procedures, final decisions as to the actual hiring of employees are generally left to the municipalities. This practice recognizes the advantages of permitting local officials who are intimately acquainted with the demands of government work in their particular localities to select employees at their own discretion. However, it has been deemed …

The Maritime Boundaries Of The States, Avrum M. Gross

Michigan Law Review

It has long been recognized that the boundaries of coastal states encompass certain adjoining maritime areas. The settled existence of those boundaries, however, stands in marked contrast to the confusion which has surrounded their location. The geographic extent of the waters to which state jurisdiction extends has remained largely undetermined.

The recent development of refined methods for extracting minerals from offshore areas has translated questions of state jurisdiction into issues of substantial economic significance. In this regard, an increasing number of disputes have arisen between the states and the federal government, primarily over rights to offshore oil deposits. The …

The Law Of Annexation And Metropolitan Government In Pittsburgh, David C. Harrison

Duquesne Law Review

No abstract provided.

Survey Of North Carolina Case Law: Workmen's Compensation, Philip C. Thorpe

Articles by Maurer Faculty

No abstract provided.

The Baltimore Police Case Of 1860, H. H. Walker Lewis

Maryland Law Review

No abstract provided.

Antitrust Significance Of Covenants Not To Compete, Michigan Law Review

Michigan Law Review

Covenants not to compete, despite their increasing prevalence and their obvious tendency to restrain competition, have seldom been attacked under either federal or state antitrust laws. In January 1965, however, William H. Orrick, Jr., then Assistant Attorney General in charge of the Antitrust Division, noted that the Division was becoming concerned about one aspect of the problem-the taking of overbroad covenants not to compete in connection with the purchase of a competitor. He suggested that such an agreement might have anticompetitive effects under either the Sherman Act or section 7 of the Clayton Act. This note will explore the present …

Cooper: State Administrative Law, Dan M. Byrd Jr.

Michigan Law Review

A Review of State Administrative Law, 2 vols. By Frank E. Cooper

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1966, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch

Cleveland State Law Review

A municipal corporation generally has no duty to provide fire and police protection, and is not liable in tort or contract to private persons for losses suffered therefrom, unless a statute specifically allows recovery. The underlying reasoning for this comes from (1) the concept of governmental tort immunity when municipalities are engaged in governmental functions (fire-fighting and giving police protection are almost universally held to be governmental functions) and (2) the common law notion that, absent any duty imposed by statute, the municipal corporation cannot be liable for mere inactivity on the part of public servants which results in damage, …

Constitutional Reform In Kentucky--The 1966 Proposal, Paul Leo Oberst, J. Kendrick Wells Iii

Kentucky Law Journal

No abstract provided.

To Catch A Bootlegger, Robert J. Greene

Kentucky Law Journal

No abstract provided.

Municipal Home Rule For Kentucky?, R. Cletus Maricle

Kentucky Law Journal

No abstract provided.

State Supervision Of County Finance In Kentucky, Allen E. Ragan

Kentucky Law Journal

No abstract provided.

The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris

Kentucky Law Journal

No abstract provided.

Municipal Liability For Exemplary Damages, David H. Hines

Cleveland State Law Review

Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.

Ohio's Local Government Fund, Lawrence J. Rich

Cleveland State Law Review

This paper will briefly explain the history of the Local Government Fund in Ohio, trace its changes, examine the statutes involved as well as the court decisions, explain the position of other states in their distribution of sales tax monies, and examine possible shortcomings and possible improvements in the present system of distribution.

Birth And Death And Governmental Immunity, Verne Lawyer

Cleveland State Law Review

Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …

Courts-State Substantive Law Applies In Non-Diversity Actions When Local Interests Predominate-United States V. Yazell, Michigan Law Review

Michigan Law Review

Respondent and her husband received an authorization for a Small Business Administration (SBA) disaster loan and were referred by the SBA Disaster Loan Office to a local counsel employed by the SBA to aid them in complying with the terms of the loan. After personal negotiations with the counsel, a promissory note was signed by the couple on SBA forms specifically tailored to conform to the requirements of state law. This contract was then submitted to the SBA along with a signed chattel mortgage on the Yazell's store fixtures and inventory and a certification by the local counsel that all …

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein

Part I. Final Text On The Nato Agreements On Status B. Agreement On The Status Of The North Atlantic Treaty Organisation, National Representatives And International Staff, Joseph M. Snee

International Law Studies

No abstract provided.

Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis

Publications

No abstract provided.

Future Interests: Transmissibility Of Contingent Interests, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Survey Of North Carolina Case Law: Torts: Part Two, Philip C. Thorpe

Articles by Maurer Faculty

No abstract provided.

Home Rule In New York 1941-1965 Retrospect And Prospect, J. D. Hyman

Buffalo Law Review

No abstract provided.