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Articles 1 - 30 of 59
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Recent Case Comments, Law Review Staff
Recent Case Comments, Law Review Staff
Vanderbilt Law Review
Recent Case Comments --
Accounting--Return To Be Allowed Utilities on Deferred Tax Reserves Instituted in Connection with Accelerated Depreciation Methods
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Conflict of Laws--Torts--Repudiation of Place of Injury Rule
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Constitutional Law--Due Process--Juvenile Court Proceeding a Bar to Subsequent Criminal Trial for the Same Act
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Family Law--Divorce--Insanity as a Defense to Action--for Divorce on the Ground of Cruelty
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Labor Law--Unemployment Compensation-Status of Laid-Off Worker Under No--Strike Clause
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Real Property--Future Interests--Valuation of Possibility of Reverter
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Taxation--Federal Income Tax--Deductibility of Contingent Witness Fees
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Torts--Warranty--Relation of Foreseeability of Risk to the Implied Warranty of a Cigarette Manufacturer
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Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett
Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett
Michigan Law Review
The United States accepted the lowest bids for the supply of milk at three military installations in California. Because these bids were below the minimum prices for wholesale milk prescribed by state law, California instituted proceedings in the state courts for civil damages and injunctive relief against the successful bidders. The United States brought a separate action in a federal district court asking that the state be enjoined from applying its minimum price regulations to milk purchases by the armed services on the grounds that the military installations were federal enclaves over which the United States has exclusive jurisdiction and …
Stability And Change In Constitutional Law, Jerre S. Williams
Stability And Change In Constitutional Law, Jerre S. Williams
Vanderbilt Law Review
This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound's famous dictum, "law must be stable and yet it cannot standstill," is not …
Stability And Change In Constitutional Law, Robert B. Mckay
Stability And Change In Constitutional Law, Robert B. Mckay
Vanderbilt Law Review
Constitutional law, like other law, is rooted in the conservative tradition of the legal system as a whole and thus more willingly pays court to the muse of history and the force of precedent than to the muse of sociology and the demand for revision. It is therefore not surprising that lawyers read constitutions as law, in the ordinary meaning of that word, and that judges apply constitutional provisions as they do other law...
The Constitution of the United States was not cast in legal mold by accident, but by design that was itself the product of ineluctable history. A …
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
Michigan Law Review
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …
The Bill Of Rights And The Free Society: An Individual View, William O. Douglas
The Bill Of Rights And The Free Society: An Individual View, William O. Douglas
Buffalo Law Review
An address given at the National Civil Liberties Clearing House Fifteenth Annual Conference, Washington, D.C., March 28, 1963.
Constitutional Law—Constitutionality Of Waterfront Commission Act Not Impaired By Amendment, Albert Dolata
Constitutional Law—Constitutionality Of Waterfront Commission Act Not Impaired By Amendment, Albert Dolata
Buffalo Law Review
Bradley v. Waterfront Cornm'n, 12 N.Y.2d 276, 189 N.E.2d 601, 239 N.Y.S.2d 97 (1963).
Constitutional Law—Unconstitutionality Of New York City Minimum Wage Law—A Limitation On Municipal Home Rule Police Powers, Leslie G. Foschio
Constitutional Law—Unconstitutionality Of New York City Minimum Wage Law—A Limitation On Municipal Home Rule Police Powers, Leslie G. Foschio
Buffalo Law Review
Wholesale Laundry Bd. of Trade, Inc. v. City of New York, 12 N.Y.2d 998, 189 N.E.2d 623, 239 N.Y.S.2d 128 (1963) (memorandum decision).
A Child And A Wall: A Study Of "Religious Protection" Laws, Lawrence List
A Child And A Wall: A Study Of "Religious Protection" Laws, Lawrence List
Buffalo Law Review
No abstract provided.
Racial Discrimination In Employment: Proposals For Corrective Action, Daniel H. Pollitt
Racial Discrimination In Employment: Proposals For Corrective Action, Daniel H. Pollitt
Buffalo Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers
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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials
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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant
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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist
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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence
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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act
Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel
Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel
Vanderbilt Law Review
It is refreshing to find among the myriad of volumes on trial practice published in recent years one which neither assumes that cases are tried in an emotional vacuum, where nothing but concrete facts and abstract propositions of law can influence the jury, nor deteriorates into a personal reminiscence on the part of the author of past court-room victories with the simple instruction to the reader to go and do likewise. Obviously a widely experienced courtroom practitioner, Mr.Gazan seldom utilizes that background directly for purposes of illustration; rather he draws from it general propositions applicable to courtroom procedure, which he …
Road Blocks To Inspect Drivers' Licenses
Road Blocks To Inspect Drivers' Licenses
Washington and Lee Law Review
No abstract provided.
Antiquated Abortion Laws, Marvin M. Moore
Antiquated Abortion Laws, Marvin M. Moore
Washington and Lee Law Review
No abstract provided.
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Washington Law Review
The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Washington Law Review
In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.
Constitutional Law—Federal Recess Appointments, Theordore Roodner
Constitutional Law—Federal Recess Appointments, Theordore Roodner
Washington Law Review
Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …
The Narcotics Problem: Outlook For Reform, James P. Manak
The Narcotics Problem: Outlook For Reform, James P. Manak
Buffalo Law Review
Robinson v. California, 370 U.S. 660 (1962).
Ex-Communist Witnesses. By Herbert L. Packer., Richard Lipsitz
Ex-Communist Witnesses. By Herbert L. Packer., Richard Lipsitz
Buffalo Law Review
No abstract provided.
Constitutional Law--Due Process--Right To Counsel In Sate Non-Capital Cases, Robert Edward Haden
Constitutional Law--Due Process--Right To Counsel In Sate Non-Capital Cases, Robert Edward Haden
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Administration of Justice-Federal Rules of Civil Procedure--District Court Has No Power To Penalize Counsel for Delay Which Violates Standing Orders of Court
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Carriers--Routes-Action for Reparation Available Under Motor Carrier Act for Unreasonable Routing Defendant motor carrier transported shipments for plaintiff shipper
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Constitutional Law--Full Faith and Credit--Collateral Attack on Errors of Court of Prior Forum
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Restraint of Trade--Labor Law-Where Defendants Stipulated They Were Independent Contractors and Joined Union To Fix Prices, Having No Other Legitimate Union Interest, Membership May Be Terminated Under Sherman Act
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Domestic Relations--Annulment--Female Impotence Is Made Curable by the Surgical Creation of a Functional …
Constitutional Law -- 1962 Tennessee Survey, James C. Kirby, Jr.
Constitutional Law -- 1962 Tennessee Survey, James C. Kirby, Jr.
Vanderbilt Law Review
I. Delegation of Legislative Power to Metropolitan Charger Commission
II. Right to Jury Trial: Special Findings Without General Verdict
III. Due Process of Law: In Personam Jurisdiction Over Nonresident Individual
IV. Due Process: Expulsion from Public University Without Hearing
V. Equal Protection: Legislative Apportionment
VI. Legislative Classification: Suspension of General Law for One County
VII. Legislative Classification: Exemption from Carrier Regulation
VIII. Equal Protection: Racial Discrimination
IX. Standing to Challenge Constitutionality
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
Michigan Law Review
This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …
Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson
Constitutional Law-Expatriation-Criminal Due Process As Prerequisite To Expatriation When Imposed As Punishment, John W. Erickson
Michigan Law Review
Respondents, native-born Americans, in two separate cases sought declaratory judgments confirming their status as United States citizens. One wanted to return to this country, and the other sought to avoid deportation as an alien. The Government claimed that respondents had lost their citizenship by operation of section 401(j) of the Nationality Act of 1940 and its successor, section 349(a)(10) of the Immigration and Nationality Act of 1952, which automatically divest an American of his citizenship for "departing from or remaining outside the jurisdiction of the United States in time of war or . . . national emergency for the purpose …
Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe
Ripeness And Reviewable Orders In Administrative Law, Louis L. Jaffe
Michigan Law Review
The requirement of "ripeness" as a condition for judicial review is not so much a definable doctrine as a compendious portmanteau, a group of related doctrines arising in diverse but analogically similar situations. In its most general sense ripeness is a requirement not of the administrative action to be reviewed but of the judicial controversy between the plaintiff and the agency. Consider the case where an agency has gone no further than to threaten a certain action which the plaintiff in an equity or declaratory proceeding claims would be contrary to law: here, in all strictness, the controversy concerns …
Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison
Federalism And Double Jeopardy: A Study In The Frustration Of Human Rights, Harlan R. Harrison
University of Miami Law Review
No abstract provided.
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.
Obscenity In New York: Law, Fact—Or Both?, Richard S. Mayberry
Obscenity In New York: Law, Fact—Or Both?, Richard S. Mayberry
Buffalo Law Review
Bunis v. Conway, 17 A.D.2d 207, 234 N.Y.S.2d 435 (4th Dep't 1962).
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
Abstracts Of Recent Cases, Frank Thomas Graff Jr.
West Virginia Law Review
No abstract provided.