State and Local Government Law Commons^™

Conflict Of Laws--1963 Tennessee Survey, Elliott E. Cheatham

Vanderbilt Law Review

The most important development in conflict of laws for many years is the enactment of the conflict of laws provisions of the Uniform Commercial Code.' In adopting these provisions the General Assembly did much more than to fix the law for the specific matters covered, important though these are. The General Assembly rejected one widely urged method of choice of law, and it prescribed a wholly different one. It rejected the old vested rights theory which calls for the use of the law of the place of the last element of a transaction to govern the case, as, the place …

Tentative #1 Zoning Resolution County Commissioner's District No. 1, Volusia County, Florida, George W. Simons Jr

City and Regional Planning -- Florida

This contains a tentative Zoning Resolution for County Commissioner's District No. 1 for Volusia County, Florida. Dated 4/2/1964. (Missing pages 18-19)

Marshaling Claims--The Effect Of State Exemption Laws On Collection Of Government Liens, Boyd Lee Warner Ii

West Virginia Law Review

No abstract provided.

Child Custody In A Federal System, Leonard G. Ratner

Michigan Law Review

Among the most difficult of judicial functions is the determination of a child's custody after its parents have separated. The difficulties are acute enough when all the parties remain in the same place; when the parties are in different states, an additional perplexing problem arises as to which state should have authority to make the custody decision. This broad question can be resolved into three distinct though interrelated issues: (1) what state may initially determine custody; (2) what state may later modify that determination; (3) to what extent is such a determination binding on other states.

Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle

Michigan Law Review

Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …

Reservation Of Highway And Street Rights-Of-Way By Official Maps, Londo H. Brown

West Virginia Law Review

No abstract provided.

The Kentucky Felony Willful Murder, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Kentucky Law Relating To The Placement Of Children For Adoption, Lynn T. Mitchell

Kentucky Law Journal

No abstract provided.

Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather

Cleveland State Law Review

In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …

Journal Of The Senate Of The Commonwealth Of Kentucky, 1964, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Governmental Immunity Of County Hospitals, Alice K. Henry

Cleveland State Law Review

The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.

Compensation For Loss Of Earning Capacity, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …

Suggestions For Modernizing The Kentucky General Corporation Law To Meet The Needs Of Close Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

A Fresh Look At Kentucky's Stale Annexation Statutes, William G. Kohlhepp

Kentucky Law Journal

No abstract provided.

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Arkansas' Judiciary: Its History And Structure, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Emergence Of Law And Justice In Pre-Territorial Wisconsin, Donald P. Kommers

Journal Articles

The article discusses the history of law and courts in Wisconsin from the period of French exploration in the 17th century to the 1820s. It focuses on the emergence of a structure of law and justice based on the common law tradition in Wisconsin, and argues this system played a significant role in disciplining its society. Law and courts, according to the article, fostered civility between frontiersmen, making them accustomed to the principles of fair play and equity and the practice of litigation when their interests were threatened. This development brought order to the area and shaped the future course …

The Powers Of Home Rule Cities In Colorado, Howard C. Klemme

Publications

No abstract provided.

Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman

Washington Law Review

The purpose of this article is to exaimne-the nature of the powers of municipal corporations in Washington in relation to the powers of the state legislature. A municipal corporation has been defined by the Washington supreme court as a body politic established by law as an agency of the state-partly to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the incorporated city, town or district. Dependent upon the objective of the particular statute creating the body in question and the definition in such statute, the term "municipal corporation" …

Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett

Michigan Law Review

The United States accepted the lowest bids for the supply of milk at three military installations in California. Because these bids were below the minimum prices for wholesale milk prescribed by state law, California instituted proceedings in the state courts for civil damages and injunctive relief against the successful bidders. The United States brought a separate action in a federal district court asking that the state be enjoined from applying its minimum price regulations to milk purchases by the armed services on the grounds that the military installations were federal enclaves over which the United States has exclusive jurisdiction and …

Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick

Michigan Law Review

After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …

Taxation And Land Titles Under Article Xiii Of The West Virginia Constitution, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Local Government -- 1962 Tennessee Survey, Gilbert Merritt, Jr.

Vanderbilt Law Review

Local government cases usually make dry reading, but this year one unusual dispute gives some insight into the customs and court-house politics in one of Tennessee's smaller counties. The county judge and the county register of deeds (a lady) disagreed about office space in the courthouse. The county judge wanted to swap offices with the lady, but she refused. So after talking to the sheriff about it, the judge knocked holes in the lady's wall; whereupon she got an injunction. Judge Shriver, speaking for the court of appeals, said the sheriff could not give the judge permission to knock the …

Administrative Law -- 1962 Tennessee Survey, Val Sanford

Vanderbilt Law Review

The writing of this article is an experience in frustration and despair, for in Tennessee there is little recognition of the existence of any such body of principle, of legal concepts and techniques, of procedures and practice, as "administrative law." There is one law, substantive and procedural, for beer boards, another for the Public Service Commission, another for the rate-making decisions of the insurance commissioner, another for employment insurance benefits,another for licensing well-diggers, and so on ad infinitum--a separate law, both substantive and procedural, not only for each agency, but often for each function within an agency. All of these …

Equity -- 1962 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

I. Specific Performance--Statute of Frauds

II. Recission--Fraud and Mistake

III. New Trial After Judgment at law

IV. Injunction--Perpetration of a Nuisance

V. Recission--Return of Consideration

Municipal Corporations--Insurance And Immunity, Thomas Edward Mchugh

West Virginia Law Review

No abstract provided.

Insurance-State Regulation-Surplus Line Insurance, James C. Lockwood S.Ed.

Michigan Law Review

Plaintiff, a New York corporation doing business in Texas, purchased insurance covering risks located in Texas from insurers not licensed to do business in that state. The entire insurance transaction was consummated outside Texas, and any adjustment for losses was to be made outside the state. Pursuant to a Texas statute, plaintiff was taxed an amount equal to five percent of its gross premiums. Plaintiff instituted the present suit in a state court in Texas to recover the tax, which had been paid under protest. The trial court's decision for plaintiff was affirmed by the court of civil appeals, and …