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Articles 1 - 30 of 134
Full-Text Articles in Law
Unconvicting The Innocent, Richard C. Donnelly
Unconvicting The Innocent, Richard C. Donnelly
Vanderbilt Law Review
"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative
Criminal Law--Effect Of Pardon On Habitual Criminal Statute, E. W. K.
Criminal Law--Effect Of Pardon On Habitual Criminal Statute, E. W. K.
West Virginia Law Review
No abstract provided.
Criminal Law--Instruction Incomplete As To Fact, R. A. K.
Criminal Law--Instruction Incomplete As To Fact, R. A. K.
West Virginia Law Review
No abstract provided.
Criminal Law—Presumption Statute, Joseph Taddeo
Criminal Law—Presumption Statute, Joseph Taddeo
Buffalo Law Review
People v. Terra, 303 N. Y. 332, 102 N. E. 2d 576 (1951).
Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr.
Protection Against Illegal Meansof Obtaining Evidence, Raymond W. Haman, James H. Flippen, Jr.
Washington and Lee Law Review
No abstract provided.
People V. Evans, Jesse W. Carter
People V. Evans, Jesse W. Carter
Jesse Carter Opinions
A new trial was ordered following a conviction for lewd conduct with a child. It was not in accord with principles of justice and fair play to show the child defendant's picture and then take her into a room where defendant was the only occupant.
Green V. Gordon [Dissent], Jesse W. Carter
Green V. Gordon [Dissent], Jesse W. Carter
Jesse Carter Opinions
Commutation of sentence was in nature of a favor and could be granted upon conditions. Therefore, it was within governor's power to commute death sentence to life without parole even though no such statutory penalty existed for murder conviction.
People V. Gilliam [Dissent], Jesse W. Carter
People V. Gilliam [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction of first degree murder and sentence of the death penalty were proper because there was no provocation for his conduct, and the circumstances showed an abandoned and malignant heart together with a consciousness of guilt.
People V. Le Beau [Dissent], Jesse W. Carter
People V. Le Beau [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court properly convicted defendant of illegal possession of narcotics because the trial court did not err in permitting the prosecution to impeach its own witness where the prosecution was surprised and prejudiced the prosecution's action.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582
Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited
Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power
Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order
Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent
Damages--Injury to Child--Expenses of Parent in Attending Child
Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action
Domestic Relations--Legitimation Statute--Interpretation and Effect
Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …
Delinquent Parents And The Criminal Law, Frederick J. Ludwig
Delinquent Parents And The Criminal Law, Frederick J. Ludwig
Vanderbilt Law Review
"There are no delinquent children; there are only delinquent parents." This tautological truism has long been the speaker's mainstay at Rotary luncheons, parent-teacher meetings, and assorted roundtables and institutes on juvenile delinquency. When a New York Children's Court judge undertook to put the principle into practice five years ago, a storm of controversy was unleashed which has not yet subsided. The case, tragic enough, involved 14-year-old Frankie, who scored hits on three passers-by with a stolen gun. The boy, who had been sleeping in hallways and on buses, was committed as a juvenile delinquent to a state training school. His …
Group Libel And Criminal Libel, Alvin M. Glick
Group Libel And Criminal Libel, Alvin M. Glick
Buffalo Law Review
No abstract provided.
Bail—Ancient And Modern, Charles S. Desmond
Criminal Law—Larceny—Criminal Intent, Charles Ryan Desmond
Criminal Law—Larceny—Criminal Intent, Charles Ryan Desmond
Buffalo Law Review
Morisette v. United States, 342 U. S. 246 (1952).
Some Developments In The Law Concerning Confessions, William Wicker
Some Developments In The Law Concerning Confessions, William Wicker
Vanderbilt Law Review
Our system of administering criminal laws is predicated upon accusatorial rather than inquisitorial proceedings. To maintain inviolate the safeguards consonant with this principle, we have placed upon the State an ever-increasing burden in proving the commission of the crime charged. That this burden has begun to weigh heavily, and perhaps onerously, becomes unmistakably evident from a study of recent developments in the law of confessions.
The Evolution Of Probation In American Law, Charles W. Webster
The Evolution Of Probation In American Law, Charles W. Webster
Buffalo Law Review
This is a condensation of a speech delivered before the State Probation officers at the Golden Jubilee of the Establishment of Probation in N. Y. State held in Niagara Falls, N. Y., Oct. 16, 1951.
People V. Dessauer, Jesse W. Carter
People V. Dessauer, Jesse W. Carter
Jesse Carter Opinions
A defendant's murder trial did not violate due process where evidence was in form of transcript testimony taken at preliminary examination, agreed to by defendant's counsel and, showed that the issue of guilt and sanity were separately considered.
The Racket-Control Laws Of Virginia: A Review, William A. Redfern, Jr., Luther W. White, Iii
The Racket-Control Laws Of Virginia: A Review, William A. Redfern, Jr., Luther W. White, Iii
Washington and Lee Law Review
No abstract provided.
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Criminal Law-Negligent Homicide Statute-Motor Vehicle Operator Suffering From Disease Producing Unconsciousness, Bernard A. Petrie S.Ed.
Michigan Law Review
Defendant suffered a single, sudden attack of dizziness or unconsciousness. He was warned by a physician, diagnosing his condition as Meniere's Syndrome, that he might at any time, without warning, suffer another such attack. Defendant worked for a year and three months without a recurrence. Then defendant ''blacked out" while driving alone and his automobile crashed into another, causing the death of its driver. The trial judge convicted for statutory negligent homicide. On appeal, held, affirmed. Defendant's driving on a through state highway with knowledge that he might become disabled without warning met the statutory criterion of driving "carelessly …
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Evidence-Admissibility Of Confessions In Federal Courts Under The Mcnabb Rule, Harry T. Baumann S.Ed.
Michigan Law Review
Defendant, after proper arraignment on a charge of as· sault, was questioned intermittently about and confessed to a murder. This confession, introduced at the trial in the District Court of Alaska, was instrumental in convicting the defendant of the graver charge. The court of appeals reversed because of a failure to file the murder complaint within a reasonable time. On certiorari, held, the confession, made after proper detention on a lesser charge, was legal and admissible if given freely; but case affirmed as modified on other grounds. United States v. Carignan, 342 U.S. 36, 72 S.Ct. 97 (1951).
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
CHARLES EVANS HUGHES AND THE SUPREME COURT
By Samuel Hendel
New York: King's Crown Press, 1951. Pp. 337
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DUE PROCESSES OF LAW
By Virginia Wood
Baton Rouge: Louisiana State University Press, 1951. Pp. 436. $6.00.
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LEGAL AID IN THE UNITED STATES
By Emery A. Brownell
Rochester: The Lawyers Co-operative Publishing Co., 1951. Pp. 333. $4.50.
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LEVIATHAN AND NATURAL LAW
By F. Lyman Windolph
Princeton: Princeton University Press, 1951. Pp. 147. $2.50.
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OIL AND LAW
Articles reprinted from the Texas Law Review
Austin:Texas Law Review, 1951. Pp. 1736. Bound copies $15.00, unbound copies $12.00.
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PRICE POLICIES …
Coverstone V. Davies [Dissent], Jesse W. Carter
Coverstone V. Davies [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because an assembly was unlawful, when police officers arrived upon the scene, they had the authority to arrest all those engaged in the commission of the unlawful act. Thus, warrantless arrests of such individuals were valid.
Military Service And Criminality, Walter A. Lunden
Military Service And Criminality, Walter A. Lunden
Journal of Criminal Law and Criminology
No abstract provided.
The Administration Of Criminal Justice In Canada, William B. Common
The Administration Of Criminal Justice In Canada, William B. Common
Journal of Criminal Law and Criminology
No abstract provided.
Police Science Legal Abstracts And Notes
Police Science Legal Abstracts And Notes
Journal of Criminal Law and Criminology
No abstract provided.
Police Science Book Reviews
Journal of Criminal Law and Criminology
No abstract provided.
Deportation Based On Criminality Before Entry, Maurice B. Lavine
Deportation Based On Criminality Before Entry, Maurice B. Lavine
Cleveland State Law Review
There are two principal statutory grounds for deportation of aliens based on criminality. First is the restriction against those who committed crimes before coming to these shores. Second is the ground which provides for the expulsion of the undesirable who was welcome when he first applied for admission to the United States but has subsequently committed proscribed acts. The purpose of this article is to examine the first class named above, and to consider proposed legislation on the subject now before the Congress.