State and Local Government Law Commons^™

Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.

Michigan Law Review

A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …

Municipal Corporations-Proof Of Pecuniary Loss As Condition To Taxpayers' Suit To Annul Transaction In Which Public Official Has Personal Interest [Henderson V. Mccormick, Ariz. 1950]

Washington and Lee Law Review

No abstract provided.

Municipal Zoning And Land Use Regulation, Chester James Antieau

West Virginia Law Review

No abstract provided.

Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson

Michigan Law Review

It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.

Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen

Michigan Law Review

The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …

Municipal Corporations-Tort Liability-Failure To Replace Damaged Traffic Signal, Wendell B. Will

Michigan Law Review

A city failed to replace a damaged traffic signal. A motorist entered the intersection against the inoperative light and injured a driver who had entered the intersection relying on a functioning green signal. Held, the city was negligent in the exercise of a corporate duty, as distinguished from a governmental function, and, as the negligence was the proximate cause of the injury, was liable. Johnston v. City of East Moline, 405 Ill. 460, 91 N.E. (2d) 401 (1950).

Annexation By Municipalities In Georgia, David R. Rogers

Mercer Law Review

In the research made for the writing of this comment it was gratifying to find that the decisions are not in conflict. The law pertaining to annexation was firmly established at an early date and has remained somewhat constant, despite the formidable array of confusion and uncertainty in other phases of municipal law.

The following exposition on annexation attempts (I) to recapitulate the law as it exists in Georgia, (2) to consider the applicable statutory provisions, and (3) to conjecture as to the effect of recent decisions by the State Supreme Court collaterally affecting annexation. The attempt last mentioned will …

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …

Unicameralism And The Indiana Constitutional Convention Of 1850, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

Municipal Corporations—Notice Of Claim—Infants, Burton B. Sarles, Edward J. Schwendler Jr.

Buffalo Law Review

Martin v. School Board of Union Free District, 301 N. Y. 233, 93 N. E. 2d 655 (1950).

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.

Municipal Corporations-Validity Of Agreement By Municipal Employees To Accept Less Than Statutory Salary, John T. Gallagher

Michigan Law Review

Plaintiff firemen sued the City of Chattanooga to recover the difference between the salary actually paid them during the depression years and the minimum salary provided by statute. The city, as a defense, relied upon certain instruments voluntarily executed by the plaintiffs by which they authorized the city auditor to reduce their salaries by a specified amount each month during these years so that the city could meet its budget without being compelled to exercise its legal right to reduce the fire force. The plaintiffs claimed that the reductions were illegal because of the minimum salary fixed by law. On …

Municipal Corporations-Validity Of Agreement By Municipal Employees To Accept Less Than Statutory Salary, John T. Gallagher

Michigan Law Review

Plaintiff firemen sued the City of Chattanooga to recover the difference between the salary actually paid them during the depression years and the minimum salary provided by statute. The city, as a defense, relied upon certain instruments voluntarily executed by the plaintiffs by which they authorized the city auditor to reduce their salaries by a specified amount each month during these years so that the city could meet its budget without being compelled to exercise its legal right to reduce the fire force. The plaintiffs claimed that the reductions were illegal because of the minimum salary fixed by law. On …

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …

Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed.

Michigan Law Review

The expanded concept of due process of law under the Fourteenth Amendment during the past thirty years has brought increased inquiry by the federal courts into state criminal procedure. A common method of bringing such matters to the Supreme Court's attention has been the use of habeas corpus, particularly following confinement. But this increased vigilance over state criminal procedure has wrought an increasingly tender conscience on the part of the federal courts over resulting interference with state court systems. The theoretical problem has been further amplified on the practical level by the flood of petitions, largely frivolous or perjured, by …

Constitutional Law-Power Of State To Discriminate Against Federal Government By Testamentary Transfer Statute, Gordon W. Hueschen

Michigan Law Review

Decedent, domiciled in California, made a testamentary gift to the United States. By an interpretation of the state probate code, the California Supreme Court held the gift invalid and directed distribution to decedent's heirs. The United States asserted unconstitutional interference with the federal government's power to receive gifts. On appeal to the United States Supreme Court, held, affirmed. The California Probate Code did not violate the supremacy clause of the Constitution, and no unconstitutional discrimination was effected against the federal government thereby, even though the statute allows testamentary gifts by state domiciliaries to the state and prohibits testamentary gifts …

Venue-Interpretation Of Title 28, United States Code, Section 1406(A), Nolan W. Carson

Michigan Law Review

A tort action for injuries sustained in Wyoming was commenced in an Illinois state court and removed to the proper United States District Court in Illinois. Defendant interposed the Illinois statute of limitations as a defense. In order to take advantage of the longer Wyoming statute of limitations, plaintiff moved to transfer the suit to the United States District Court for Wyoming under authority of Title 28, United States Code, section 1406(a), providing for the transfer of actions from district courts where venue was improperly laid. The motion to transfer was denied and the, complaint was dismissed. Held, section …

Kentucky's Concept Of Involuntary Manslaughter, James Daniel Cornette

Kentucky Law Journal

No abstract provided.

Do Kentucky Cities Have Any Inherent Rights As To Local Functions Free From Legislative Control?, Hollis E. Edmonds

Kentucky Law Journal

No abstract provided.

A New Tribunal Of The State Of Washington, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

The New Missouri Code Of Civil Procedure--A Sister State Answers The Challenge, John J. Czyzak

Kentucky Law Journal

No abstract provided.

The Tort Liability Of American Municipalities, Chester James Antieau

Kentucky Law Journal

No abstract provided.

1951-1952 Rowan County (Ky.) Circuit Court Replevin Bonds Ledger, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

The Replevin Bonds ledger of the Rowan County (KY.) Circuit Court from August 1951 to December 1952.

Ley Orgánica De Las Provincias, No. 21 De 23 De Diciembre De 1950, República De Cuba. Senado

Mario Diaz Cruz Pamphlets

Originaria de la Cámara y modifcada por el Senado, cuyas modificaciones fueron aprobadas por este Cuerpo en 12 de diciembre de 1950. Se promulgó en Enero 2 de 1951.

Venue Statutes: Diagnosis And Proposed Cure, George Neff Stevens

Michigan Law Review

Modern procedural reform movements have swept by the problems of venue with but little notice. This is unfortunate, for all too many cases are decided on a venue technicality, with complete disregard for the merits. Present day venue procedures are the result of historical developments and piecemeal legislative tinkering. The time has come for an appraisal and for corrective action.

Part I of this paper contains a comparative and critical study of venue statutes in the United States today. Part II points out how and why certain of these provisions have given rise to serious problems and suggests a few …

Workmen's Compensation-Injury In Fight As Arising Out Of And In The Course Of The Employment, Philip G. Meengs

Michigan Law Review

Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation …

Constitutional Law-Search And Seizure -Inspection Of Private Dwelling By Health Officer Without A Warrant, Robert P. Griffin S. Ed.

Michigan Law Review

A health officer sought to enter and inspect respondent's private home without a search warrant after a neighbor complained that the premises were not "clean and wholesome" as required by a District of Columbia ordinance. Respondent denied the officer permission to enter and refused to unlock the door, maintaining that his entry would violate her constitutional rights. As a result, respondent was convicted in municipal court of violating an ordinance making it a misdemeanor to interfere with or prevent an authorized sanitation inspection. On appeal, reversal of the conviction by the Municipal Court of Appeals was affirmed by the Court …