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Articles 14821 - 14850 of 16690

Full-Text Articles in State and Local Government Law

Book Note, Law Review Staff Mar 1963

Book Note, Law Review Staff

Vanderbilt Law Review

The book is divided into three major parts. Included in each of these parts are articles written by men who have studied these issues at length. Part I, "The People and Their State Government," deals with issues regarding an individuals relationship to his state--his protections against and his control over governing authorities. The second part, "The Representatives of the People," concerns itself with the established structure of state government and its effect on the quality of local leadership there under. Part III, entitled "The Powers of the State," explores the powers which are given and those denied to the state …

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A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris Mar 1963

A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris

Michigan Law Review

Conventional doctrine does not address itself directly to the choice among valuation techniques, although the various parochial damage formulae give some clues. Underlying this series of articles is an assumption that the doctrine makes more sense when restated in valuation terms. These articles involve an effort to restate in such terms one sector of expectation damage law-the part that governs cases in which plaintiff is a "seller."

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Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed. Mar 1963

Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff challenged the validity of an amendment to the zoning ordinance of the defendant township which barred all trailer camps and parks from its industrial district. As trailer parks had previously been zoned out of the business, residential, and agricultural districts, this amendment had the effect of completely excluding them from the entire township, although approximately half of its twenty-three square miles consisted of open rural area. The parties stipulated that the plans of the plaintiff, who wanted to develop a trailer park on his premises, met all of the applicable health standards. The trial court sustained the amendment, but …

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Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser Feb 1963

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.

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Legislative Reapportionment: Baker V. Carr, James Kilgore Edmundson Jr. Feb 1963

Legislative Reapportionment: Baker V. Carr, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.

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Comments On Recent Cases, Charles W. Ehrhardt Jan 1963

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

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Debtor Exemptions In Personal Property--Proposals For Modernization, Paul D. Gudgel Jan 1963

Debtor Exemptions In Personal Property--Proposals For Modernization, Paul D. Gudgel

Kentucky Law Journal

No abstract provided.

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Kentucky Passes A Retail Installment Sales Act, Charles S. Whitehead Jan 1963

Kentucky Passes A Retail Installment Sales Act, Charles S. Whitehead

Kentucky Law Journal

No abstract provided.

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Administrative Law And Local Government, Bernie R. Burrus Jan 1963

Administrative Law And Local Government, Bernie R. Burrus

Michigan Legal Studies Series

Part of the Legal Problems in Metropolitan Area Series by the Legislative Research Center at the University of Michigan.

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Study Of Law Enforcement, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, W. L. Matthews Jr., John B. Breckinridge Jan 1963

Study Of Law Enforcement, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, W. L. Matthews Jr., John B. Breckinridge

Kentucky Law Journal

No abstract provided.

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Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol Jan 1963

Vacation And Abandonment Of Streets And Highways In Ohio, John L. Grecol

Cleveland State Law Review

Many long established thoroughfares are presently being abandoned and vacated to make way for the erection of urban redevelopment programs and the construction of freeway systems. Similarly, the application of scientific principles of traffic engineering to the modernization of existing thoroughfares eliminates jogged intersections and reduces sharp curves, frequently entailing vacation of the abandoned portions of such relocated roads. Resubdividing undeveloped tracts sometimes necessitates vacation of dedicated but unimproved streets in favor of revised thoroughfare plans. Modern fashion has rendered many alleys and courts obsolete and unnecessary. To avoid the expense of their maintenance both abutting owners and governmental subdivisions …

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Commercial Law--Privity Of Contract Necessary For Implied Warranty, Larry Garmon Jan 1963

Commercial Law--Privity Of Contract Necessary For Implied Warranty, Larry Garmon

Kentucky Law Journal

No abstract provided.

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Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown Jan 1963

Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

With the exception of Kentucky, Vermont, Texas, California, and West Virginia, all parts of continental United States south and west of the present boundaries of the original states came under colonial rule, and were governed from the national capital through territorial governments for varying periods of time. All territories in this area were "incorporated" in the sense that they were destined to become states of the United States. All became states by 1912, leaving only Alaska and Hawaii for future statehood. Now that these territories have become states, it seems desirable to review legal developments in all of these "incorporated" …

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Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed. Jan 1963

Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff brought an action to set aside a determination of the United States Civil Service Commission that his political activities while Illinois State Director of Conservation were in violation of the Hatch Act. The district court held that such an application of the Hatch Act would infringe upon the plaintiff's vested rights, and would contravene the constitutional guarantee to the state of a republican form of government. On appeal, held, reversed. Application of the Hatch Act to state employees does not deprive them of any vested rights under the United States Constitution. Palmer v. United States Civil Sero. Comm'n …

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Legislative Reapportionment--The Kentucky Legal Context, Robert G. Lawson Jan 1963

Legislative Reapportionment--The Kentucky Legal Context, Robert G. Lawson

Kentucky Law Journal

No abstract provided.

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Study On The Powers, Duties, And Organization Of The Office Of Attorney General, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, John B. Breckinridge, Robert F. Kennedy Jan 1963

Study On The Powers, Duties, And Organization Of The Office Of Attorney General, Committee On The Administration Of Justice In The Commonwealth Of Kentucky, John B. Breckinridge, Robert F. Kennedy

Kentucky Law Journal

No abstract provided.

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Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel Jan 1963

Nonpopulation Factors Relevant To An Acceptable Standard For Apportionment, Jerold H. Israel

Articles

Of the many problems left unanswered in Baker v. Carr,' the one that has received the most attention both from lower courts and commentators is that of prescribing a specific standard for determining what constitutes a denial of "equal protection" in legislative apportionment.2 The starting point universally accepted - indeed, probably required by Baker - for attacking this problem is the definition of apportionment equality in terms of mathematical measurement of the individual's "voting power."3 Perfect equality in apportionment is viewed as requiring that each election district contain an equal population, so that every individual's vote in his district will …

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Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1963, Extraordinary Session, Kentucky. General Assembly. House Of Representatives. Jan 1963

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1963, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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Contracts And Sales, Douglass Boshkoff Jan 1963

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

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Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown Nov 1962

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

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Annexation By Municipal Corporations, John E. Iverson Sep 1962

Annexation By Municipal Corporations, John E. Iverson

Washington Law Review

Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …

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Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher Jul 1962

Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher

Washington Law Review

In 1958 the Seattle City Council promulgated Ordinance No. 83784, which regulated the ownership and operation of juke boxes within the city. By the terms of this ordinance, one could own a juke box only upon the acquisition of a "juke box operator's license." Yet the ordinance authorized fewer consents than were already outstanding, and its prospective effect was such as to exclude all but existing licensees from the juke box field. Thus, when L. D. Ragan applied for an "operator's license" his application was denied. Ragan sought a judgment declaring this ordinance unconstitutional, and from an adverse ruling by …

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Municipal Corporations--Power To License Plumbers Denied, John Everett Busch Jun 1962

Municipal Corporations--Power To License Plumbers Denied, John Everett Busch

West Virginia Law Review

No abstract provided.

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Congressional Repair Of The Erie Derailment, Leonard V. Quigley Jun 1962

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

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Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg Jun 1962

Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg

Michigan Law Review

Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …

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Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames Jun 1962

Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames

Vanderbilt Law Review

The Court's decision in Baker v. Carr was properly cast in terms of protecting individual rights under the equal protection clause, for this issue can be distinguished and separately handled. It does seem inevitable, however, that the decisions which set standards by which to determine invidious discrimination will also by these standards delineate, at least in broad outline, one aspect of what will be considered an acceptable "republican" form of government guaranteed by the Constitution.

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State And Local Taxation -- 1961 Tennessee Survey (Ii), Paul J. Hartman Jun 1962

State And Local Taxation -- 1961 Tennessee Survey (Ii), Paul J. Hartman

Vanderbilt Law Review

During the period covered by this survey the pickings by way of decided cases have been pretty slim. Only two cases are here the subject of extended comment.' However, the comprehensive congressional study of state taxation of multistate business has been extended until July 1, 1963. The expanded congressional study now being conducted includes all forms of state taxation of interstate commerce, such as franchise taxes, sales and use taxes, gross receipts taxes, and ad valorem taxes. Under the chairmanship of Congressman Willis, a subcommittee of the House Judiciary Committee with the help of a sizeable staff and an advisory …

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Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis May 1962

Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis

Michigan Law Review

Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …

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Mr. Justice Jackson: The Struggle For Federal Supremacy, William Burns Lawless May 1962

Mr. Justice Jackson: The Struggle For Federal Supremacy, William Burns Lawless

Journal Articles

Robert Houghwout Jackson, in defining the American way of life, reflects a penetrating self-analysis and summarizes his basic approach to judicial review. With this outlook, Attorney General Jackson was appointed to the United States Supreme Court in 1941 to fill the place left vacant by Harlan Fiske Stone upon his ascendancy to the position of Chief Justice. His appointment came at a time of political unrest and international tension. Bar and press were skeptical, indeed cynical, of "The Roosevelt Court." The days were wrapped in talk of defense, rearmament, neutrality, lend-lease. Just as a new relationship had been begrudgingly assumed …

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Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers Apr 1962

Commercial Law And Contracts – 1961 Oregon Survey, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

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