Suchergebnisse

Includes bibliographical references and index. ; Introduction -- The legislative body -- Legislative organization -- Legislative procedure -- Initiative and referendum -- Types of statutes -- The structure of a legislative act -- Statutory construction: preliminary matters -- Approaches to statutory construction -- Statutory construction: the language in issue -- Statutory construction: structure of a statute -- Statutory construction: extrinsic aids -- Questions -- Answers. ; Mode of access: Internet.

LEGISLATION Disposition of Unclaimed Dividends and Shares--Distributions from Interstate Business Associations ======================= Conflict of Laws Problem and Judicial Response ======================= Water Pollution--State Control Committee ======================= Comparison of Several Existing Pollution Control Acts

College Disciplinary Proceedings ===================== Enforcement of Foreign Non-Final Alimony Decrees ===================== Legal Aid for Indigent Criminal Defendants ===================== Prenatal Injuries and Wrongful Death ===================== Truth in Lending

In United States v. Philadelphia Nat'l Bank,' the Supreme Court enjoined a proposed merger of the second and third largest commercial banks in Philadelphia. The Court held, inter alia, that section 7 of the Clayton Act 2 applied to bank mergers, and that the merger in question might substantially lessen competition. Central to the reasoning of the majority was the premise that an unchecked trend toward concentration of market power in commercial banking is contrary to the public interest in maintaining competition among existing commercial banks. Since commercial banking had traditionally been considered exempt from section 7 prosecution, the cry for legislative response was immediate. The 1966 amendment to the Bank Merger Act of 1960 reflects the congressional reaction. The amendment attempts to reconcile the judicial application of section 7 with the standards applied by the federal banking agencies in evaluating merger applications under the 1960 act. It is anticipated that this reconciliation will develop from the establishment of a single set of standards against which future merger applications may be measured. These standards are applicable to "the banking supervisory agencies, the Department of Justice, and the courts under the antitrust laws." This note, by combining legal analysis of the amendment with pertinent economic considerations, will attempt to evaluate the effectiveness of the legislation and expose those areas which require more intensive congressional consideration.

Estate Tax--Marital Deduction--Compliance With Revenue Procedure 64-19 In those cases where an executor or trustee is directed by the governing instrument to satisfy a pecuniary bequest or transfer in trust by a distribution of the property in kind,' with assets at values as finally determined for federal estate tax purposes, there is the possibility that the surviving spouse will receive property the fair market value of which at the time of distribution is less than the amount of the marital deduction. ================================== Voting Rights--Residence Requirements for Voting in Presidential Elections It seems safe to conclude that the choosing of presidential electors is within the power of the state legislatures, in whatever manner they deem proper, and that this power is not limited by state constitutional provisions; however, the state legislatures are probably subject to such procedural limitations as veto, referendum, and initiative. Even if there is some doubt as to the constitutional limitations, this should not deter state legislatures from acting. As one writer has pointed out, both the Uniform Act and the Connecticut method contemplate the use of a special ballot which could easily be separated from the regular ballots in the event that such statutes should be declared unconstitutional. In adopting such legislation, state legislatures should carefully examine the state's general residence requirements and make any changes necessary to put intrastate and interstate movers on an equal basis for voting in presidential elections. All states should adopt the Uniform Act and thereby minimize disenfranchisement of the mobile members of our society.