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Articles 31 - 57 of 57
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The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
The Place Of The Federal Rules In The Teaching Of Procedure, Delmar Karlen
Vanderbilt Law Review
If there is any proposition upon which teachers of procedure seem to agree it is that the Federal Rules ought to be a focal point of interest in the study of their subject. Most casebooks on general procedure published in recent years emphasize their concentration upon the Federal Rules: Vanderbilt's Cases on Modern Procedure and Judicial Administration, Field and Kaplan's Materials on Civil Procedure, Brown, Vestal and Ladd's Cases and Materials on Pleading and Procedure, to mention only a few. And when older casebooks, like Scott and Simpson's Cases and Other Materials on Civil Procedure or Clark's Cases on Modern …
Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr.
Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr.
Vanderbilt Law Review
In prescribing the rules governing the place of trial of actions commenced in the federal district courts, Congress might reasonably have been expected to follow one of two courses. On the one hand, it might have treated the continental United States as a single jurisdiction. On this basis service of process would have been permitted throughout the United States, venue rules would have been designed to channel litigation into the most convenient district, and provision would have been made for a motion for change of venue to be granted whenever the suit was commenced in a district which did not …
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Rule 43(A) And The Communication Privileged Understate Law: An Analysis Of Confusion, George W. Pugh
Vanderbilt Law Review
What rules govern the admissibility of evidence in federal court? Rule 43 (a) purports to provide the answer with respect to cases falling within the ambit of the Federal Rules of Civil Procedure.' Is the Rule working satisfactorily, or should it now be abandoned in favor of a new and different solution? The problem thus presented is broad and pervasive. A definitive answer will not be attempted in this paper. Instead, the writer proposes to give only a general discussion of the broader aspects of the Rule, and to limit analysis of the cases to a very restricted area--the meaning …
Current Trends In The Business Of The Federal District Courts, Will Shafroth
Current Trends In The Business Of The Federal District Courts, Will Shafroth
Vanderbilt Law Review
Congestion in the dockets of many United States district courts in metropolitan centers has called attention to the effects on the judicial business of the great economic development of the past few years, a growth which far exceeds in extent that in any period of equal duration in our history. In the short space of thirteen years from 1940 to 1952 the market value of the output of goods and services produced by the nation's economy increased from 101 billions to 346 billions. Part of this phenomenal rise was due to a 90 percent increase in the cost of living, …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Bankruptcy--Acts of Bankruptcy--Petition for Dissolution under State Statute
Corporations--Stockholders' Derivative Suits--Equitable Stockholder's Rights under Security Statute
Criminal Law--Evidence--Immunity Statutes
Criminal Procedure--Grand Jury Indictments--Failure of Jurors to Hear All the Evidence as Grounds for Setting Aside Indictment
Domestic Relations--Torts--Action by Wife against Husband for Personal Injuries
Federal Jurisdiction--Scope of Federal Common Law--Characterization of Foreign Statute for Purpose of Applying Federal Constitution
Labor Law--Unfair Labor Practice--Intent to Encourage or Discourage Union Membership by Discrimination
Book Reviews, Walter P. Armstrong Jr., Robert A. Pascal
Book Reviews, Walter P. Armstrong Jr., Robert A. Pascal
Vanderbilt Law Review
Bender's Federal Practice Forms By Louis R. Frumer Albany: Matthew Bender & Company, 1951-53, 4 Vols.(1 to follow), $85.00
reviewer: Walter P. Armstrong, Jr.
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Principles of Agency By Merton Ferson Brooklyn: The FoundationPress, 1954. Pp. xx, 490
reviewer: Robert A. Pascal
The Elimination Of Surprise In Federal Practice, Alexander Holtzoff
The Elimination Of Surprise In Federal Practice, Alexander Holtzoff
Vanderbilt Law Review
There are occasions when in the interest of clarity of thought it behooves us to get back to first principles. When brought back to mind, these principles appear simple and obvious, but so much of our life's work is devoted to details that the tendency is for the trees to obscure the view of the forest, unless we stop at intervals and refresh ourselves by recalling fundamentals.
The courts exist for the purpose of administering justice. The objective of a law suit is to determine a controversy between man and man by ascertaining the facts, finding the governing principles of …
Twenty-Nine Distinct Damnations Of The Federal Practice -- And A National Ministry Of Justice, Arthur J. Keeffe
Twenty-Nine Distinct Damnations Of The Federal Practice -- And A National Ministry Of Justice, Arthur J. Keeffe
Vanderbilt Law Review
There are certain fundamental truths. Neither the practicing lawyer nor the best judge has the requisite time to worry about the "why" of a rule of law. And this is true whether the point be one of substantive or adjective law although, as we know, the two are inter-mixed and one.
If the day's work be done, the bar and the judiciary must take the law as they find it, right or wrong, sensible or nonsensical, and do the best they can. Theirs is not to reason why.
I do not mean to deny that now and then a court …
Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker
Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker
Vanderbilt Law Review
The problems of the reciprocal use and enjoyment of property by adjacent landowners have become increasingly pronounced in our time of intense urbanization. Salient has been the problem of noise nuisances which frequently result when adjacent property is devoted to the inconsistent uses of industry and residence ownership. This conflict is often a serious one. The enjoyment by the residence owner of his property may be considerably impaired; the abatement of the noise may be at the price of loss of productivity, considerable expense or of not conducting the business at all.' The resulting situation is one which requires a …
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Some Bugaboos In Pre-Trial, Alfred P. Murrah
Vanderbilt Law Review
In view of all that has been written and said for pre-trial conference,' it seems rather superfluous, if not presumptuous, to undertake to add to or enlarge upon the subject. Indeed, it might be efficacious to heed Judge Clark's suggestion that the procedural cause would be better served "if something could be done to stop us judges ... from publishing what we say" about the Rules. But even at the risk of overstating the case, those who have enlisted for the duration' never forego an opportunity to strike a blow on the side of simplified procedure. Pre-trial practice has been …
The Democracy Of Justice Oliver Wendell Holmes, Charles E. Wyzanski Jr.
The Democracy Of Justice Oliver Wendell Holmes, Charles E. Wyzanski Jr.
Vanderbilt Law Review
Oliver Wendell Holmes is everywhere recognized as a great American. His life story has been depicted on the stage, fictionalized in a popular biography,' and majestically summarized in the Dictionary of American Biography by his successor and disciple. Every undergraduate knows of Holmes' wounds in three Civil War battles, his seminal lectures on The Common Law delivered at the Lowell Institute, his pioneer decisions in labor cases in the Supreme Judicial Court of Massachusetts and his long and distinguished tenure as Associate Justice of the Supreme Court of the United States. But the recital of his public offices does not …
Fiction Vs. Reality, In Re Contracts: A Survey, Merton Ferson
Fiction Vs. Reality, In Re Contracts: A Survey, Merton Ferson
Vanderbilt Law Review
The history and philosophy of the law of contracts has more than academic interest. In some areas there are conflicts and uncertainties that stem from the history, nature and basis of contracts.
Primitive men were familiar with the idea of possession which later developed into the idea of ownership. And a person having possession or ownership has long been able to transfer whatever he had to another.'
But the idea of obligation was a later development in the advance of civilization. Obligations, as we know them at present, would have been incredible to primitive men. Do we fully realize even …
Crosskey's Constitution: An Archeological Blueprint, Howard J. Graham
Crosskey's Constitution: An Archeological Blueprint, Howard J. Graham
Vanderbilt Law Review
Could it be fortunate that so much of history is a closed, or at least a forbidden, book? Otherwise might we not squander our resources reliving and refighting the past? The present soon would be unendurable, the future an endless remarshalling yard for causes stretching back to antiquity.
If the first volumes of Professor Crosskey's study invite this somber opening reflection, it is not that his achievement is unimpressive. Here, undeniably, is a work in the great tradition of controversial writing. Few lawyers and certainly fewer historians--ever willingly have assumed greater burdens of proof. Yet fewer still have contrived a …
Jury Trial In Chancery Court In Tennessee, Frank C. Ingraham
Jury Trial In Chancery Court In Tennessee, Frank C. Ingraham
Vanderbilt Law Review
Tennessee has since 1827 maintained, in some degree, a separate court of equity, presided over by a chancellor. Though most states have abolished the procedural distinction between cases in law and suits in equity, Tennessee still retains this dichotomy in its court system. Prior to 1827 law and equity were dispensed in Tennessee by a single court of general jurisdiction, the Superior Court of Law. This practice grew out of the North Carolina Act of 1782 and the continuation of that Act by the First Territorial Legislature in 1794, both of which gave equity jurisdiction to the Superior Court of …
Book Reviews, James C. Evans, Samuel E. Stumpf
Book Reviews, James C. Evans, Samuel E. Stumpf
Vanderbilt Law Review
State Taxation of Interstate Commerce By Paul J. Hartman Buffalo: Dennis & Co., 1953. Pp. xi, 323. $7.50
reviewer: James Clarence Evans
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Church, State and Freedom By Leo Pfeffer Boston: The BeaconPress, 1953. Pp. xvi, 605. $10.00
reviewer: Samuel Enoch Stumpf
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
A Commentary on Recent Case Law --By Subject:
Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy
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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes
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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay
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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege
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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction
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Income Taxation--Deductions--Periodic Alimony Payments
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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction
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Torts--Dog Bite--Owner's Scienter
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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease
Federal Income Taxes And The Civil Fraud Penalty, Raymond Whiteaker
Federal Income Taxes And The Civil Fraud Penalty, Raymond Whiteaker
Vanderbilt Law Review
The drive against tax evaders is now in full swing after a complete reorganization of the Internal Revenue Service, and the new Commissioner has promised an efficient enforcement of all revenue laws. Although the effective administration of the federal income tax rests primarily upon the willingness of the taxpayer voluntarily to disclose his correct income, Congress has provided certain civil and criminal penalties to punish those who have not fulfilled their obligations to the United States Treasury. This article will deal only with the administration and operation of the civil fraud penalty.
The most severe civil penalty that may be …
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Vanderbilt Law Review
The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …
State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb
State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb
Vanderbilt Law Review
The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States.
Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was …
Falsification As Contempt, Stephen D. Potts
Falsification As Contempt, Stephen D. Potts
Vanderbilt Law Review
The last twenty years have been witness first to an expansion and then to a retrenchment of constitutionally protected civil liberties. The exercise of the contempt power is an area in which constitutional limitations on modes of procedure are inapplicable so long as the power is used to preserve the judiciary.'
Contempts are either direct or constructive. Direct contempts are committed in the presence of the court whereas constructive contempts are committed outside the presence of the court. This distinction is significant in that direct contempts are punishable without a formulated charge, hearing or formal judgment of guilt. Constructive contempts …
Federal Tort Claims Act And French Law Of Governmental Liability: A Comparative Study, Sidney B. Jacoby
Federal Tort Claims Act And French Law Of Governmental Liability: A Comparative Study, Sidney B. Jacoby
Vanderbilt Law Review
Governmental liability for tort seems to be a field in which a comparative study is particularly appropriate. The subject is a segment of legislative reforms in which the influence of foreign systems has been marked. Highly developed foreign systems, especially the French, played their role in the demands among scholars for legislative reforms. The late Professor Edwin Borchard of Yale Law School, for many years one of the chief sponsors of federal legislation, made detailed studies of the foreign laws of governmental responsibility for tort.'
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Full Faith and Credit--Characterization of Statute as Penal
Federal Tort Claims Act--Exceptions--Intentional Torts
Federal Tort Claims Act--Indemnity--Employee's Liability to Government
Federal Tort Claims Act--Parties--Impleader and Joinder
Gift Tax--Valuation--Sale or Replacement Value
Life Insurance--War Clause--Korean Conflict
Tennessee Procedure--Right to Jury Trial in Chancery--Purely Equitable Suit
Trade-Marks--Infringement as Unfair Competition--Application of Lanham Act
Dalehite V. United States: A New Approach To The Federal Tort Claims Act?, Massillon M. Heuser
Dalehite V. United States: A New Approach To The Federal Tort Claims Act?, Massillon M. Heuser
Vanderbilt Law Review
The decision for the United States in "Dalehite v. United States,"'though by a closely divided Supreme Court, possibly indicates a turning point in litigation involving the construction of the Federal Tort Claims Act. The trend theretofore had been to expand the concept of suability and liability expressed in the Act. In "United States v. Aetna Casualty and Surety Co." the Court had established the right of an insurer-subrogee to sue in its own name on a portion of a claim arising in favor of the insured-subrogor, despite the Anti-Assignment Statute and the obvious procedural and administrative difficulties not dealt with …
Some Possible New Fields In A Narrowing Act, Ross O'Donoghue
Some Possible New Fields In A Narrowing Act, Ross O'Donoghue
Vanderbilt Law Review
Both Congress and the courts, particularly the Supreme Court, have increasingly tended to narrow the scope of the Tort Claims Act, but within these confines there are certain classes of torts, well-recognized in the common law, which have been little used or totally neglected as the basis for suits. It is the purpose of this paper to suggest some of these and to consider their availability. Of course, such speculation may prove faulty in some cases and overlook others actually available. Prediction in law is a very risky business, so that some of these suggestions will very likely not stand. …
Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer)
Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer)
Vanderbilt Law Review
Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.
reviewer: Ferdinand F. Stone
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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.
reviewer: Reginald Parker
Claims Against States, Leslie L. Anderson
Claims Against States, Leslie L. Anderson
Vanderbilt Law Review
In 1924, commencing a leading series of articles on "Government Liability in Tort," Professor Edward M. Borchard referred to what he called the "unexampled expansion of the police power in the United States." He wrote of the increasing risks which individuals in this country are left to bear from "defective, negligent, perverse or erroneous administration" of the functions of government. If those functions had increased at a considerable rate at the time of his article, what would one say of their extent today? Even the leaders of the New Deal discerned the risks to which increased governmental activity subjected people, …
Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton
Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton
Vanderbilt Law Review
Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally …