State and Local Government Law Commons^™

An Analysis Of The 1964 Amendments To The Kentucky Revised Statute Ch 342-1964, Herbert L. Segal

Kentucky Law Journal

No abstract provided.

The Crazy Quilt Of Commercial Law: A Study In Legislative Patchwork, Terrence R. Fitzgerald

Kentucky Law Journal

No abstract provided.

State Attorney General - Guardian Of Public Charities, Robert L. Gray

Cleveland State Law Review

In 1954, the National Conference of Commissioners of Uniform State Laws, having recognized the need for legislation in this area, published the Uniform Supervision of Trustees for Charitable Purposes Act, which was similar to the New Hampshire law. As has been stated, California soon passed the uniform act. Iowa (1959), Michigan (1961), Illinois (1961), and Oregon (1963) have since passed the uniform act. There are slight variations in the versions passed by the above states, but the general effect of their laws is the same. While the legislatures of these states have provided the law,they have not always provided the …

Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan

Cleveland State Law Review

This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Attorney General And The Charitable Trust Act - Wills, Contest And Construction, Dale R. Martin

Cleveland State Law Review

In Ohio the Attorney General shall appear in any court or tribunal in which the state is interested. The common law interpretation of the duties of the Attorney General regarding charitable trusts in the state of Ohio has been supplanted by statutory law which is enumerated in Sections 109.23-109.33 of the Ohio Revised Code, often referred to as the Charitable Trusts Act.

Statutory Regulation Of Hypnosis, James T. Brennan

Cleveland State Law Review

Hypnotism and state hypnotists caused quite a stir in the first quarter of the Twentieth Century. Several of the existing statutes on hypnotism were passed at that time. Then, for about a quarter of a century, hypnotism was legislatively forgotten. Recently, pressure groups in the form of hypnotic, psychological, psychiatric and medical societies have been lobbying for legislation prohibiting hypnotism by laymen. As the hypnotist vote isn't very large, the activities of these pressure groups have been ignored for the most part. Statutes on hypnotism generally seek either to regulate stage hypnotism, the hypnosis of minors, or medical use of …

Legislature And The Process Of Constitutional Amendment, Charles W. Shull

Kentucky Law Journal

No abstract provided.

The Second Annual Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

The Juvenile Offender, Some Problems And Possible Solutions, Scotty Baesler

Kentucky Law Journal

No abstract provided.

First Class Municipality--Adequate Police Power To Enact A Penal Civil Rights Ordinance, Fred G. Karem

Kentucky Law Journal

No abstract provided.

The Third Annual Kentucky Court Of Appeals Review, Kentucky Law Journal

Kentucky Law Journal

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1965, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Compulsory Conciliation For New York, Willaim Burns Lawless

Journal Articles

It has been proposed that a state commission to study matrimonial statutes be created in New York. While this proposal has merit, New York state should in any event adopt legal procedures requiring compulsory conciliation where parties to a marriage undertake formal proceedings for legal separation or divorce.

Perhaps the most remarkable progress in this direction has been made in California and in Wisconsin, and we believe the experiences of these two states provide a helpful pattern for new procedures in New York. We think that New York law dealing with conciliation in marriage must be amended and strengthened if …

Municipal Corporations--Absolute Liability For Disrepair Of Streets, Charles Ellsworth Heilmann

West Virginia Law Review

No abstract provided.

Municipal Corporations—Fellow Servant Rule Not A Valid Defense To Liability Of City For Negligence Of Its Employee In Operating A Municipal Vehicle, Michael Swart

Buffalo Law Review

Poniatowski v. City of New York, 14 N.Y.2d 76, 198 N.E.2d 237, 248 N.Y.S.2d 849 (1964).

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Local Contracts And Sub-Contracts: The Roles Of City Government And Private Citizen Groups, Madison S. Jones

Buffalo Law Review

No abstract provided.

State And Local Contracts And Subcontracts, J. Edward Conway

Buffalo Law Review

No abstract provided.

Supplementary Activities For State Governments Seeking To Eliminate Discrimination, Frederick B. Routh

Buffalo Law Review

No abstract provided.

Law Of Arrest In Virginia

Washington and Lee Law Review

No abstract provided.

Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.

Vanderbilt Law Review

Obviously, the biggest event in the Tennessee law of commercial transactions this year was the enactment of the Uniform Commercial Code [hereinafter referred to as the U.C.C.]. That statute became effective in this state on July 1, 1964. Its effect on the prior Tennessee law is discussed in great detail elsewhere in this issue,' and need not be re-examined here. It should also be pointed out that the enactment of the U.C.C.required some modifications in the criminal statutes relating to security agreements. In particular, executing a second security agreement covering personalty, without disclosing a prior security agreement covering the same …

Procedure -- 1963 Tennessee Survey, William I. Harbison

Vanderbilt Law Review

In two important decisions rendered during the survey period the Tennessee Supreme Court considered some of the aspects of joinder of actions under present circuit court practice. In the first of these, Necessary v. Gibson,' plaintiff joined a count for personal injuries resulting from defendants' alleged negligence with a count seeking recovery in contract based upon alleged promises of defendants to pay plaintiff for her injuries and expenses arising out of the same accident.

Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham

Vanderbilt Law Review

Although much of the interest engendered by the Uniform Commercial Code has centered around Article 9--Secured Transactions,and although Article 9 has been described as the heart of the Code, Article 2--Sales--is half again as long, is in many ways more iconoclastic,' and has precipitated perhaps more criticism than any of the other articles of the Code. Article 2 contains some innovations which are, at least upon initial impression, startling departures from traditional concepts of sales law, and it is therefore not surprising that there has been a spate of legal literature published on various aspects of this article. Since limitations …

Agency--1963 Tennessee Law, John S. Beasley, Ii

Vanderbilt Law Review

The Union Carbide and Ferguson cases were suits to recover Tennessee sales taxes and use taxes paid under protest for 1956 and 1958. Carbide and Ferguson urged that since they were under contract to the Atomic Energy Commission, the legal incidence of the tax was on the United States directly and therefore invalid. Carbide had been secured in 1943 to manage and operate certain plants involved in work on the atomic bomb, and Ferguson had subsequently been engaged to build additional facilities for this purpose. Both contended that their relationship with the United States and the Atomic Energy Commission was …

Business Associations--1963 Tennessee Survey, Robert N. Covington

Vanderbilt Law Review

Section two of the act creating Tennessee's new Law Revision Commission charges that body with the duty to study and report to the next legislature on "the laws governing the organization and operation of corporations, partnerships and other forms of business and social endeavor." The study is now roughly a year old and is reportedly making good headway. Since much of our law of business organizations may therefore be changed in the near future, this Survey has been abbreviated as much as possible.

Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith

Michigan Law Review

The practice of law is impressed with a public interest. Whether by representation in a judicial proceeding or by advice on a legal problem, the lawyer renders professional service to the public. Preserving client confidences, assuring unquestioned loyalty, and rendering expert counsel are typical obligations of the legal profession. Another responsibility of lawyers is that of protecting the public from legal practice by unqualified laymen. Three areas of activity are involved in preventing unauthorized practice of law. Lawyers and public officials must define the practice of law/ investigate and prosecute unlicensed practitioners, and by judicial remedy prohibit further unauthorized practice. …