Law Commons^™

The Abstention Doctrine: A Problem Of Federalism, Joyce Britt

Vanderbilt Law Review

Equitable abstention refers to the deference a federal court will give a state tribunal to determine the rights of the litigants, even though technically, a federal court could entertain the action, whether by means of diversity of citizenship or because of a federal issue involved. Because of comity, or convenience, or a sense of balance in the federal system, or better handling of the problem, or some other reason of policy, federal courts at times have required a litigant to proceed in the state courts before invoking federal court jurisdiction. How this doctrine arose, its extensions and limitations form the …

Creditors' Rights And Security Transactions -- 1963 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Mechanics Liens

Hammer-Johnson Supply, Inc. v. Curtis,' presented a new aspect of the recurring question of the duty of a supplier of materials to apply payments from a known source to the debt incurred for that source.

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Assets Available to Creditors

In re Jennings' presented the question of whether the proceeds from a medical payment clause of a liability insurance policy are free from the claim of creditors.

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Miscellaneous

In Murdock Acceptance Corp. v. Jones, a deed of trust was executed by Jones and his wife to secure payment of "$5000.00, together with any and all other indebtedness …

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …