State and Local Government Law Commons^™

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.

Occupational Disease: Interpretation And Need For Statutory Revision Of The Illinois, Indiana And Kentucky General Definition, J. William Howerton

Kentucky Law Journal

No abstract provided.

Right To Inspect Public Records, Frank N. King Jr.

Kentucky Law Journal

No abstract provided.

Kentucky's Commercial Code--Some Initial Problems In Security, Frederick W. Whiteside Jr., Thomas P. Lewis

Kentucky Law Journal

No abstract provided.

Reappraisal Of Eugenic Sterilization Laws, Elyce Zenoff

Cleveland State Law Review

Since sterilization is a drastic remedy and generally a permanent infringement of bodily integrity, those affected by laws authorizing it are entitled to every reasonable precaution. Thus far they have not been adequately protected. The sterilization of persons without legal authorization, before testing the constitutionality of the laws, sterilization under unconstitutional laws, and the lack of representation by counsel, are all clear illustrations of this disregard of rights. The fact that scientific opinion differs as to the value of sterilization certainly indicates that the merits of this type of legislation should be re-evaluated.

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …

Documents Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Review. Michigan Negotiable Instruments And The Uniform Commercial Code By Roy L. Steinheimer, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Bulk Transfers Under The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Sales And Secured Transactions, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Toward Effective Municipal Zoning, Arval Morris

Washington Law Review

Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

Miscellaneous—Practical Construction Of Statute By County Clerk Controlling, Buffalo Law Review

Buffalo Law Review

Lockport Union-Sun and Journal Inc. v. Preisch, 8 N.Y.2d 54, 201 N.Y.S.2d 505 (1960).

Miscellaneous—Authority Of Park Commissions To Enact Ordinances, Buffalo Law Review

Buffalo Law Review

People v. Alexander, 7 N.Y.2d 39, 194 N.Y.S.2d 495 (1959).

Municipal Corporations—Judgment Of Jury Not To Be Substituted For Determination Of City's Board Of Safety, Buffalo Law Review

Buffalo Law Review

Weiss v. Fote, 7 N.Y.2d 579, 200 N.Y.S2d 409 (1960).

Municipal Corporations—Contribution Deficiencies To City Pension Fund Due To Extension Of Benefits, Buffalo Law Review

Buffalo Law Review

Dunn v. City of New York, 7 N.Y.2d 232, 196 N.Y.S.2d 686 (1959).

Municipal Corporations—Municipality Can Waive A Contractual Limitation On Bringing Action, Buffalo Law Review

Buffalo Law Review

Planet Construction Corp. v. Board of Education of the City of New York, 7 N.Y.2d 381, 198 N.Y.S.2d 68 (1960).

The Shifting Of Tort Loss In Municipal Corporation Law, Chester James Antieau

Buffalo Law Review

No abstract provided.

Bills And Notes -- 1960 Tennessee Surveys, B. Gilreath

Vanderbilt Law Review

The fact that there was only one reported Tennessee decision during the survey period for 1958, none in 1959 and again only one for 1960, is a high tribute to the settled condition of the law of negotiable instruments, and the knowledge and wisdom of the lawyers of that state. When the law on any subject is settled and known men can make their contracts and engage in their transactions with security; uncertainty breeds doubt, confusion, strife, litigation and loss.

Local Government, Donna Berg

Washington Law Review

Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.

Operation Of Amendment To Limitation Of Action Statute, M D. W. Jr.

West Virginia Law Review

No abstract provided.

Sunday Observance Laws, J. F. W. Jr.

West Virginia Law Review

No abstract provided.

Book Reviews, Lee S. Greene, Earl F. Murphy (Reviewer)

Vanderbilt Law Review

Index Digest of State Constitutions:

This is a revision of the first edition of Index Digest of State Constitution prepared in 1915 for the use of the New York State Constitutional Convention of that year. Both the first and the present second edition were prepared by the Legislative Drafting Research Fund of Columbia University. The editor of the present volume was Richard A. Edwards, who worked with the aid of associate editors James L. Blawie and Marilyn B. Blawie. Over forty years have passed since the first Index Digest appeared.This has been a period of some rewriting of state constitutions,considerable …

Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey

Michigan Law Review

Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …

Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.

Michigan Law Review

The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.

Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe

Michigan Law Review

The United States as assignee sought a joint judgment on four unsecured promissory notes signed by the defendants, who are husband and wife. The proceeds of the notes were used to improve real property held by the entireties by the defendants. The husband had filed in bankruptcy before the assignment of the notes to plaintiff and was discharged from his joint and several liability on the promissory notes prior to the commencement of any action on them. His estate by the entireties, however, was not used to satisfy any listed debts because under state law he had no divisible title …

Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.

Michigan Law Review

A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …

Stason, Estep & Pierce: Atoms And The Law, David F. Cavers

Michigan Law Review

A Review of ATOMS AND THE LAW. By E. Blythe Stason, Samuel D. Estep, and William J. Pierce.

Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck

Michigan Law Review

The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …