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Book Reviews Oct 1956

Book Reviews

NYLS Law Review

MILITARY JUSTICE IN THE ARAED FORCES OF THE UNITED STATES. BY Robinson 0. Everett. Harrisburg, Pennsylvania: Military Service Publishing Company. 1956.

Review by: FRANKLYN C. SETARO PROFESSOR OF LAW, NEW YORK LAW SCHOOL

FUNDAMENTALS OF LEGAL RESEARCH. By Ervin H. Pollack. Brooklyn: The Foundation Press. 1956

Review by: Rudolf H. Heimanson, ASSOCIATE LIBRARIAN AND ASSOCIATE PRO'ESSOR OF LEGAL BIBLIOGRAPHY, NEW YORK LAW SCHOOL


Lester F. Ward As Legal Philosopher, Robert A. Kessler Oct 1956

Lester F. Ward As Legal Philosopher, Robert A. Kessler

NYLS Law Review

No abstract provided.


Should A Child Have A Right Of Action Against A Third Person Who Has Enticed One Of His Parents Away From The Home, Joseph F. Nocca Oct 1956

Should A Child Have A Right Of Action Against A Third Person Who Has Enticed One Of His Parents Away From The Home, Joseph F. Nocca

NYLS Law Review

No abstract provided.


The Legal System Of The State Of Israel, Louis A. Warsoff Oct 1956

The Legal System Of The State Of Israel, Louis A. Warsoff

NYLS Law Review

No abstract provided.


Separation Of Powers Doctrine: Historical Sources, Albert Conway Oct 1956

Separation Of Powers Doctrine: Historical Sources, Albert Conway

NYLS Law Review

No abstract provided.


The Progress Of The Law: Supreme Court Upsets State Sedition Acts / No Ouster For Using Fifth Amendment / Gambling And Negotiable Instruments / Reduction Of Federal Court Backlogs / Contingent Fees / Televising Of Trials / Death Of Dean Finn / Tavern On The Green / Jelke Conviction Upheld / Suspension Of Amateur Runner Upheld / Summer Court Sessions Oct 1956

The Progress Of The Law: Supreme Court Upsets State Sedition Acts / No Ouster For Using Fifth Amendment / Gambling And Negotiable Instruments / Reduction Of Federal Court Backlogs / Contingent Fees / Televising Of Trials / Death Of Dean Finn / Tavern On The Green / Jelke Conviction Upheld / Suspension Of Amateur Runner Upheld / Summer Court Sessions

NYLS Law Review

No abstract provided.


Legislation: Penal Law / Automobile Instalment Purchases Oct 1956

Legislation: Penal Law / Automobile Instalment Purchases

NYLS Law Review

PENAL LAW-FIFTEEN-YEAR-OLD DEFENDANT GIVEN RIGHT TO PLEAD GUILTY TO LESSER CRIMHE IN CAPITAL PROSECUTION-COURT MAY Now CHARGE AS TO LESSER DEGREES AND CRIMES, AND JURY MAY FIND DEFENDANT GUILTY OF LESSER INCLUDED CRIME

AUTOMOBILE INSTALMENT PURCHASES-RECENT NEW YORK AND NATIONAL LEGISLATIVE DEVELOPMENTS


Decisions: Corporation Law / Insurance Oct 1956

Decisions: Corporation Law / Insurance

NYLS Law Review

CORPORATION LAW-SECRETARY-TREASURER MAY INSTITUTE SUIT FOR CORPORATION OVER BAD FAITH OBJECTON OF PRESIDENT WHERE BY CUSTOM HE HAD CHARGE OF ALL LITIGATION

INSURANCE-WHERE SELLER LEAVES LICENSE PLATE ON AUTO AFTER ABSOLUTE SALE, His PERSONAL LIABILITY TROUGH ESTOPPEL FOR VENDEE'S NEGLIGENCE HELD NOT TO CREATE OR MAINTAIN LIABILITY IN HIS LIABILITY INSURANCE COMPANY

INSURANCE-WHERE INSURED ORALLY PROMISED TO NAME WINE As BENEFICIARY LN RETURN FOR WIFE'S PAYMENT OF PREMIUMS, AND THEN SECRETLY CHANGED BENEFICIARY TO SISTER, STATUTE OF FRAUDS HELD NO DEFENSE TO SISTER IN ACTION BY WIFE

INSURANCE-CONTRACTS-INSURER MAY CALCULATE INTEREST ON POLICY LOAN ON DAILY BASIS FOR PURPOSE OF …


Notes: Evidence Oct 1956

Notes: Evidence

NYLS Law Review

E-VIDENCE-LEGAL ETHICS-FEE ARRANGEMIENTS BETWEEN ATTORNEY AND CLIENT NOT PR=IVEGED

EVIDENCE-FEDERAL INJUNCTION PROHIBITING FEDERAL OFFICER FROM TESTIFYING IN STATE COURT WHERE EVIDENCE WAS INADMISSIBLE IN FEDERAL COURT UPHELD 5-4 BY SUPREME COURT


Laws Of Inheritance In Indiana Before 1816, Earl Finbar Murphy Jul 1956

Laws Of Inheritance In Indiana Before 1816, Earl Finbar Murphy

NYLS Law Review

No abstract provided.


Evidence – Res Gestae – Spontaneous Declaration As Exception To The Hearsay Rule-Prima Face Case Made Out / Conflict Of Laws-Domestic Relations-Wife’S Divorce Action Not Barred By Husband’S Sister State Divorce Decree Where Husband Falsely Stated Wife 'S Address To Obtain Publication Order Jul 1956

Evidence – Res Gestae – Spontaneous Declaration As Exception To The Hearsay Rule-Prima Face Case Made Out / Conflict Of Laws-Domestic Relations-Wife’S Divorce Action Not Barred By Husband’S Sister State Divorce Decree Where Husband Falsely Stated Wife 'S Address To Obtain Publication Order

NYLS Law Review

No abstract provided.


Power Of Congressional Committees / Production Of Records / Court Delay / American Bar Association / Pleadings In Civil Suits / Suffolk County Court Reform / Louisiana Segregation Law Voided / No Gradual Integration In Graduate Schools / Suffolk County Inquiry / Ouija Board Heirs / Not Slander Per Se To Call Man A Communist / Hangman's End? / Civil Defense Act Held Constitutional / Blue Ribbon Juries Jul 1956

Power Of Congressional Committees / Production Of Records / Court Delay / American Bar Association / Pleadings In Civil Suits / Suffolk County Court Reform / Louisiana Segregation Law Voided / No Gradual Integration In Graduate Schools / Suffolk County Inquiry / Ouija Board Heirs / Not Slander Per Se To Call Man A Communist / Hangman's End? / Civil Defense Act Held Constitutional / Blue Ribbon Juries

NYLS Law Review

No abstract provided.


The Surrogate's Court Of New York: Its Historical Antecedents, Franklyn C. Setaro Jul 1956

The Surrogate's Court Of New York: Its Historical Antecedents, Franklyn C. Setaro

NYLS Law Review

No abstract provided.


The Status Of The Purchase Money Resulting Trust Pattern In New York, Milton A. Silverman Jul 1956

The Status Of The Purchase Money Resulting Trust Pattern In New York, Milton A. Silverman

NYLS Law Review

No abstract provided.


Surrogate's Court Act-Section 205 Amended To Empower Surrogate To Compel Discovery Of Ordinary Bank Accounts Jul 1956

Surrogate's Court Act-Section 205 Amended To Empower Surrogate To Compel Discovery Of Ordinary Bank Accounts

NYLS Law Review

No abstract provided.


Book Reviews Jul 1956

Book Reviews

NYLS Law Review

THE CHALLENGE OF LAW REFORM, (The William H. White Lectures, University of Virginia Law School, 1954.) By Arthur T. Vanderbilt. Princeton: Princeton University Press. 1955. Pp. vi, 184, and 10 (index) with annotations. Review by: FRANKLYN C. SETARO, LIBRARIAN AND PROFESSOR OF LAW, NEW YORK LAW SCHOOL

CRIME, COURTS, AND PROBATION. By Charles Lionel Chute and Marjorie Bell. New York: The Macmillan Company. 1956. Pp. 268. Review by: STANLEY N. NISSEL, ASSISTANT PROFESSOR OF LAW, NEW YORK LAW SCHOOL

LEGAL CONTROL OF THE PRESS By Frank Thayer. Third Edition. Brooklyn: The Foundation Press, Inc., 1956. Review by: Harold Burns, Member …


Domestic Relations-Custody Of Infant Awarded To Father Where Mother Was Found Unfit, Notwithstanding Her Denial Of His Paternity / Procedure-Accused Entitled To Dismissal Of Six-Year Old Indictment Despite Failure To Object For Six Years / Labor Law-Employee Discharged For Failure To Join Union Within Prescribed Time Held To Have Quit Voluntarily "Without Good Cause" Within Meaning Of Unemployment Insurance Law / Personal Property-Pledgor Who Waives Right To Notice And Advertisement Of Sale On Default Held Not To Release Pledgee From Requirement Of Good Faith / Criminal Procedure-Accused May Test Validity Of Concurrent Sentencing By Habeas Corpus-Multiple Sentencing, Though Concurrent, Held Invalid / Domestic Relations-Husband’S False Reprfsentations Of Law Before Marriage Concerning Wife’S Legal Disability Held Not To Be Fraud / Agency-General Contractor Not Liable For Injury To Subcontrcor's Employee Without Actual Negligence-Statutory Duty To Maitain Safe "Place Of Work" Held Declaratory Of Common Law Rule / Criminal Law-Conviction For Vagrancy, Based On Female’S Uncorroborated Testimony That Defendant Induced Her To Commit Sexual Acts In His Home, Reversed. Jul 1956

Domestic Relations-Custody Of Infant Awarded To Father Where Mother Was Found Unfit, Notwithstanding Her Denial Of His Paternity / Procedure-Accused Entitled To Dismissal Of Six-Year Old Indictment Despite Failure To Object For Six Years / Labor Law-Employee Discharged For Failure To Join Union Within Prescribed Time Held To Have Quit Voluntarily "Without Good Cause" Within Meaning Of Unemployment Insurance Law / Personal Property-Pledgor Who Waives Right To Notice And Advertisement Of Sale On Default Held Not To Release Pledgee From Requirement Of Good Faith / Criminal Procedure-Accused May Test Validity Of Concurrent Sentencing By Habeas Corpus-Multiple Sentencing, Though Concurrent, Held Invalid / Domestic Relations-Husband’S False Reprfsentations Of Law Before Marriage Concerning Wife’S Legal Disability Held Not To Be Fraud / Agency-General Contractor Not Liable For Injury To Subcontrcor's Employee Without Actual Negligence-Statutory Duty To Maitain Safe "Place Of Work" Held Declaratory Of Common Law Rule / Criminal Law-Conviction For Vagrancy, Based On Female’S Uncorroborated Testimony That Defendant Induced Her To Commit Sexual Acts In His Home, Reversed.

NYLS Law Review

No abstract provided.


New York 1956 Legislative Session Resume Of Bills Enacted And Signed By The Governor, Sidney H. Asch Apr 1956

New York 1956 Legislative Session Resume Of Bills Enacted And Signed By The Governor, Sidney H. Asch

NYLS Law Review

No abstract provided.


Settlement For Burial In Potters Field / Divorce Law Study Group / Evidence Obtained By Radio Interception / President Advocates "Disability" Law / New York Law School Library / Congressional Committees Curbed / Photos At Trials / Southern District Court Calendars / Ferguson Named To Military Court / American Soldiers May Be Tried In Japanese Courts / Mixed Marriages / Diplomatic Immunity / Judge To Force Salary Rises Apr 1956

Settlement For Burial In Potters Field / Divorce Law Study Group / Evidence Obtained By Radio Interception / President Advocates "Disability" Law / New York Law School Library / Congressional Committees Curbed / Photos At Trials / Southern District Court Calendars / Ferguson Named To Military Court / American Soldiers May Be Tried In Japanese Courts / Mixed Marriages / Diplomatic Immunity / Judge To Force Salary Rises

NYLS Law Review

No abstract provided.


Decisions Apr 1956

Decisions

NYLS Law Review

CONSTITUTIONAL LAW-JURISDICTION OF UNITED STATES SUPREME COURT-STATE COURT'S DISCRETIONARY DENIAL OF MOTION MADE ON CONSTITUTIONAL GROUND DOES NOT DEPRIVE SUPREME COURT OF CERTIORARI JURISDICTION OVER CONSTITUTIONAL QUESTION

PROCEDURE-WHERE COURT DEIEs MOTION To DISMISS ASSAULT ACTION, IT IS ERROR TO DISMISS NEGLIGENCE ACTION BASED ON SAME FACTS

CRMINAL LAW-AGENCY-PHOTOGRAPHER WHO PAID SHIP PURSER FOR LIST OF INCOMING PASSENGERS HELD NOT GUILTY OF CRIME OF BRIBING EMPLOYEE OF ANOTHER

PROCEDURE-IN ACTION BROUGHT AGAINST THE STATE OF NEW YORK, COURT OF CLAIMS ACT HELD TO PROHIBIT STATE FROM IMPLEADING THIRD PATY DFENDANT

EVIDENCE -TAX LAW-PRIOR FALSE STATEMENT AS To ASSETS MADE TO REVENUE …


The Perplexities Of Trade Regulation, Edgar A. Buttle Apr 1956

The Perplexities Of Trade Regulation, Edgar A. Buttle

NYLS Law Review

No abstract provided.


Military Law-Provision Of Uniform Code Of Military Justice Which Allows Trial By Court Martial Or Discharged Servicemen Held Unconstitutional Apr 1956

Military Law-Provision Of Uniform Code Of Military Justice Which Allows Trial By Court Martial Or Discharged Servicemen Held Unconstitutional

NYLS Law Review

No abstract provided.


Administrative Law-Constitutional Law-Right Of Public Hospital To Discharge Physician From Staff And Deny Him Use Of Facilities Apr 1956

Administrative Law-Constitutional Law-Right Of Public Hospital To Discharge Physician From Staff And Deny Him Use Of Facilities

NYLS Law Review

No abstract provided.


Book Review: American Civil Procedure / Military Law Under The Uniform Code Or Military Justice / Casfs And Materals On The Law Of Corporations, Joseph Kottler, William M. Kunstler, Milton A. Silverman Apr 1956

Book Review: American Civil Procedure / Military Law Under The Uniform Code Or Military Justice / Casfs And Materals On The Law Of Corporations, Joseph Kottler, William M. Kunstler, Milton A. Silverman

NYLS Law Review

AMERICAN CIVIL PROCEDURE. By William Wirt Blume. Englewood Cliffs, New Jersey: Prentice-Hall, Inc. 1955. Pp. 432. $6.50
Review by JOSEPH H. KOTTLER, ASSOCIATE PROFESSOR OF LAW, NEW YORK LAW SCHOOL

MILITARY LAW UNDER THE UNIFORM CODE or MILITARY JUSTICE. By William B. Aycock and Seymour W. Wurfel. Chapel Hill: 1956. University of North Carolina Press. Pp. 430. $750.
Review by William M. Kunstler, ASSISTANT PROFFSOR OF LAW, New York Law School

CASFS AND MATERALS ON THE LAW OF CORPORATIONS. Second Edition. By Robert S. Stevens and Arthur Larson. St. Paul: West Publishing Co. 1955. Pp. 741. $12.00.
Review by MILTON …


Common-Law Pleading - Still Survives As The Basis Of Modern Remedial Law, Alison Reppy Apr 1956

Common-Law Pleading - Still Survives As The Basis Of Modern Remedial Law, Alison Reppy

NYLS Law Review

No abstract provided.


The Forgotten Ninth Amendment / Directory Of American Judges / Fountain Of Justice Jan 1956

The Forgotten Ninth Amendment / Directory Of American Judges / Fountain Of Justice

NYLS Law Review

THE FORGOTTEN NINTH AMENDMENT By Bennett B. Patterson. Indianapolis:

Bobbs-Merrill Co., Inc., 1955. Pp. 217. $4.00,

REVIEW BY WILLIAM M. KUNSTLER, ASSISTANT PROFESSOR OF LAW, NEW YORK LAW SCHOOL

DIRECTORY OF AMERICAN JUDGES. Compiled and edited by Charles Liebman. Foreword

by Roscoe Pound. Chicago: American Directories Corporation. Unpaged. 1955.

$15.00.

REVIEW BY RUDOLF HERMANSON, ACTING LIBRARIAN, NEW YORK LAW SCHOOL

FOUNTAIN OF JUSTICE: A Study in the Natural Law. By John C. H. Wu. New

York: Sheed and Ward. 1955. Pp. 287. $3.75.

REVIEW BY STEPHEN GOROVE, ASSOCIATE PROFESSOR OF LAW, NEW YORK LAW SCHOOL


Restitution As An Alternative Remedy For A Tort, Ludwig Teller Jan 1956

Restitution As An Alternative Remedy For A Tort, Ludwig Teller

NYLS Law Review

No abstract provided.


Constitutional Law/Arbitration/Statute Of Limitations-Domestic Relations Jan 1956

Constitutional Law/Arbitration/Statute Of Limitations-Domestic Relations

NYLS Law Review

CONSTITUTIONAL LAW-POWER OF LEGISLATURE TO AUTHORIZE CONDEMNATION OF NON-RESIDENTIAL "BLIGHTED" AREAS FOR SUBSEQUENT SALE TO PRIVATE DEVELOPERS

ARBITRATION-WAIVER OF RIGHT TO COUNSEL AT ARBITRATION PROCEEDINGS NOT EFFECTIVE UNLESS IN WRITING WHICH REFERS TO SPECIFIC EXISTING CONTROVERSY, AND SIGNED BY WAIVING PARTY

STATUTE OF LIMITATIONS-DOMESTIC RELATIONS-ACTION TO ANNUL MARRlAGE ON GROUND OF FRAUD MUST Now BE BROUGHT WITHIN THREE YEARs OF DISCOVERY OF FRAUD


Criminal Law - Conviction For Homicide Arising From Violation Of Multiple Dwelling Law Upheld Despite Lack Of Notice To Owner Of Violation. Jan 1956

Criminal Law - Conviction For Homicide Arising From Violation Of Multiple Dwelling Law Upheld Despite Lack Of Notice To Owner Of Violation.

NYLS Law Review

No abstract provided.


Common-Law Pleading - Still Survives As The Basis Of Modern Remedial Law, Alison Reppy Jan 1956

Common-Law Pleading - Still Survives As The Basis Of Modern Remedial Law, Alison Reppy

NYLS Law Review

No abstract provided.