State and Local Government Law Commons^™

Local Government Law, James Gay

Washington Law Review

Covers time in which claims must be filed against cities, the "Metro Act," urban renewal law, the local assessment procedure, and air pollution.

Reapportionment In The Indiana Legislature: Judicial Compulsion Of Legislative Duty

Indiana Law Journal

No abstract provided.

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.

Michigan Law Review

A contractor submitted a bid for construction of facilities at an Arkansas Air Force Base over which the United States had not acquired jurisdiction. After this bid was accepted by the federal government and work on the project had begun, the contractor was tried by the Circuit Court of Pulaski County, Arkansas, and found guilty of submitting a bid, executing a contract, and commencing work as a contractor without the license required by Arkansas law. The Arkansas Supreme Court affirmed the judgment of the trial court. On appeal to the United States Supreme Court, held, reversed. In a brief …

Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.

Michigan Law Review

Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden

Michigan Law Review

The Utah Constitution provides: "The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.'' Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies …

Fair Trade And The State Constitutions -- A New Trend, Edward J. Kohrs

Vanderbilt Law Review

The proponents of resale price maintenance will mark the years 1955 and 1956 as a period of major setbacks. The past two years have seen the highest courts of eight states' invalidate state Fair Trade laws. The rapid development of this trend is surprising in view of the fact that prior to 1949, the constitutionality of such legislation under the state constitutions had been upheld by every state court in which it was attacked, and was widely regarded as a settled proposition.

Much has been written explaining, defending, and condemning the concept of Fair Trade, and no attempt will be …

Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.

Michigan Law Review

In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …

Municipal Corporations—Prevailing Wage, Weston Wardell Jr.

Buffalo Law Review

Driesbach v. City of New York, 1 N. Y. 2d 272, 135 N. E. 2d 32 (1956).

Municipal Corporations—Powers Of Town Trustees, Richard F. Griffin

Buffalo Law Review

Knapp v. Fasbender, 16. 1 N. Y. 2d 212, 134 N. E. 2d 482 (1956).

Municipal Corporations—Pension Rights, Vincent P. Furlong

Buffalo Law Review

Pauley v. McGovern, 1 N. Y. 2d 261, 134 N. E. 2d 819 (1956).

Severance Damage In Eminent Domain Proceedings, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.

The Political Process In Kentucky, Jasper Shannon

Kentucky Law Journal

No abstract provided.

Recent Developments In Torts; Decisions Of The Court Of Appeals At The 1956-57 Terms, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

Fluoroscopic X-Ray Shoe Fitting Devices, Donald D. Weisberger

Cleveland State Law Review

Exposure to X-rays or other radiation over and above a certain cumulative tolerance limit can be damaging to the human body. This fact is thoroughly explained in Mr. Humphrey's article on Radiation in this issue of this law review. But a person thus injured by x-ray radiation from so-called fluoroscopic fitting machines in shoe stores will find it virtually impossible to make out a cause of action in negligence against the owners and operators of the machines. Yet, use of such machines now is known to be seriously harmful, unless that use is closely controlled.

Sanctions Against Governmental Violations Of Planning And Zoning Ordinances, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Kentucky Legislative Procedures Re-Evaluated, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Method Of Choosing Delegates And Officials Of Political Parties, J. E. Reeves, William C. Brafford

Kentucky Law Journal

No abstract provided.

The Granting Of Variances From The Zoning Ordinance By The Lexington-Fayette County Board Of Adjustment, Wayne J. Carroll

Kentucky Law Journal

No abstract provided.

Elections—Right Of Town Board To Fill Vacancy, John G. Putnam Jr.

Buffalo Law Review

Furk v. Board of Supervisors of County of Sullivan, 1 N. Y. 2d 128, 134 N. E. 2d 104 (1956).

Functions Of The Office Of Attorney General Of Ohio, William A. Saxbe

Cleveland State Law Review

The office of the Attorney General of Ohio was established by the Constitution of 1851 in Article XII, Section 1. The duties of the Attorney General and the functions of the Office are prescribed by statute. That places the Attorney General as the last of our statutory officers in Ohio. The Attorney General, if there was any before the Constitution of 1851, served at the pleasure of the Governor as a legal advisor. And some of the things I shall say later reflect the importance of making this a Constitutional office, thus putting a different light on the function of …

Wills - Execution - Attestation, Max H. Bergman

Michigan Law Review

Prospective witnesses to a will saw the testatrix standing in an adjoining room engaged in writing. Soon thereafter, the testatrix asked them to come in and sign a paper. Her name had already been written on the document, and she neither signed it in the witnesses' presence nor in any manner indicated the writing to be her will. The witnesses read enough of the document, however, to know it was a will, before subscribing it in the presence of the testatrix and one another. Three of the testatrix' sons objected to the probate of the will on the ground that …

Florida's Streams -- Water Rights In A Water Wonderland, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Municipal Corporations--Duty To Remove Snow And Ice From Sidewalks--Liability Of Abutting Owners And Occupants, I. A. P. Jr.

West Virginia Law Review

No abstract provided.

Taxation--Disbursements To Frustrate State And Municipal Laws--Deductions As Business Expenses Not Allowed, G. W. H.

West Virginia Law Review

No abstract provided.

Corporations - Dividends - New Jersey Dividend Credit For Non-Cumulative Preferred Stock, John A. Beach S.Ed.

Michigan Law Review

Defendant, a New Jersey corporation, paid no dividends on its non-cumulative preferred stock after 1933, although it had annual earnings exceeding the total amount of the preference in each of the years 1941 through 1948, and again in 1951 and 1952. In 1955 defendant had earned surplus exceeding $12,000,000. Plaintiffs, holders of non-cumulative preferred shares, brought this action asking for a declaratory judgment as to the nature of their preference rights over the common holders. On appeal from a summary judgment for defendant, held, affirmed. In the absence of any impending or threatened declaration of dividends to common shareholders, …

Miscellaneous—Municipal Employee's Pension Rights, Richard F. Griffin

Buffalo Law Review

Gordon v. Monaghan, 309 N. Y. 336, 130 N. E. 2d 882 (1955).

Civil Procedure And Evidence—Municipal Corporations—Notice Of Claim, Richard F. Griffin

Buffalo Law Review

Rosenberg v. City of New York, 309 N.Y. 304, 130 N.E. 2d 629 (1955).

Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …