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Articles 1531 - 1560 of 1604
Full-Text Articles in Law
Criminal Law And Procedure -- 1956 Tennessee Survey, James B. Earle
Criminal Law And Procedure -- 1956 Tennessee Survey, James B. Earle
Vanderbilt Law Review
Homicide: Involuntary manslaughter by automobile was involved in the case of Smith v. State.' The evidence tended to show that while the defendant was operating his automobile at a speed of possibly 40 miles per hour, he attempted to turn at a dead-end intersection, skidded on loose gravel, and struck his victim at a point approximately four feet off the street. It also appeared that the victim was a child of six who was playing on a bridge leading to a school; that the accident occurred on Christmas day; and that the defendant had consumed an unknown quantity of intoxicating …
The Law Of Infants' Marriages, Robert Kingsley
The Law Of Infants' Marriages, Robert Kingsley
Vanderbilt Law Review
Just as the law requires, for ordinary contracts, that a party thereto must have reached an age sufficient to give him reasonable discretion, so, in connection with the contract of marriage, the law has required that the parties be not too immature. It must be remembered, however, that the word "infant" is not one of fixed meaning: when used with reference to ordinary contracts, and without further qualification, it usually means a person under twenty-one years of age; but in the field of criminal law the dividing line between "infancy" and "adult" responsibility is fixed at a lesser age (14 …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Constitutional Law--Congressional Investigations --Relevancy of Required Testimony
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Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State
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Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime
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Evidence--Judicial Admissions--Testimony as to Objective Facts
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Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity
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Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures
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Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership
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Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition
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Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant
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Torts--Landowner--Duty to Social Guest
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Wills--Pretermitted Heir Statue--Sole …
Psychiatry And Criminal Responsibility, Jerome Hall
Psychiatry And Criminal Responsibility, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall
Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Vanderbilt Law Review
Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases --
Criminal Law--Habitual Criminal--Right of Accused to Counsel under Fourteenth Amendment
Divorce--Alimony Decree Terminating upon Remarriage of Wife--Effect of Annulment of Subsequent Marriage
Divorce--Statutory Modification of Domiciliary Jurisdiction--Congressional Limitation of Power of Territorial Legislature
Labor Law--Unfair Labor Practice--Primary Jurisdiction in NLRB
Life Insurance--Good Health Clause--Existence of Malady Unknown to Insured
Nuisance--Liability for Non-Trespassory Interference with the Use and Enjoyment of Land--Intentional Invasion
Wills--Holographic Codicil--Publication of an Invalid Typewritten Will
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
Criminal Law--Insanity--Test of Irresponsibility
Criminal Procedure--Continuances--Delay of Trial Because of Crowded Civil Docket
Elections--Underage Candidate--Power of Judiciary over Names Appearing on Ballot
Federal Rules of Civil Procedure--Impleader--UnderRule 14(a)--Effect of Judgment between Plaintiff and Third-Party Defendant
Husband and Wife--Expenses of Last Illness--Husband's Right to Reimbursement under Wife's Will
Joint Tort Feasors--Release of One as Release of All--Application of Rule when First Tort Feasor is not Legally Liable
Restraint of Trade--Employee's Covenant Not to Compete--State-Wide Restraint
Specific Performance--Conveyance of Leased Premises upon Lessee's Exercise of Option to Purchase--Defense of Hardship
Unemployment Compensation--"Suitable" Employment--Refusal of Sabbath on Religious Grounds
Wrongful Death--Unborn …
Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball
Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball
Vanderbilt Law Review
Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.
Substantive Law
Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …
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
Revision Of Criminal Law -- Objectives And Methods, Jerome Hall
Revision Of Criminal Law -- Objectives And Methods, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
The Court Of Military Appeals -- Its History, Organization And Operation, Daniel Walker, C. George Niebank
The Court Of Military Appeals -- Its History, Organization And Operation, Daniel Walker, C. George Niebank
Vanderbilt Law Review
When a civilian "supreme court" for the review of court-martial convictions was first proposed in Congress, it evoked immediate, vociferous and emotional reactions from those most directly concerned with military criminal law. Vigorous opposition came from the traditional militarist, who argued that there was no place for civilians in a military procedure, and that creation of such a court would place unnecessary emphasis on civilian influence. It was said that military effectiveness would be unduly restricted and that the nonmilitary mind would not be able to appreciate fully the military problems often involved in court-martial cases. Some of these officers …
The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan
The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan
Vanderbilt Law Review
The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …
Foreword: Comments By The Court, Robert E. Quinn
Foreword: Comments By The Court, Robert E. Quinn
Vanderbilt Law Review
The United States Court of Military Appeals has been referred to as the "most vital element" in the reformation and unification of military criminal law brought about by the Uniform Code of Military Justice. It represents a further extension of civilian control over the military--a concept long deemed vital to the American framework of democratic government.
The Court is not faced with an easy task, and no one is more aware of this than the judges themselves. Like all institutions established as a result of reform movements, its activities are subject to close public scrutiny. The work of the Court …
Self-Incrimination - By Trying On Hat - Allen V. State
Self-Incrimination - By Trying On Hat - Allen V. State
Maryland Law Review
No abstract provided.
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
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 …
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 …
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.
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 …
Codification Of The Criminal Law, Jerome Hall
Codification Of The Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Science And Reform In Criminal Law, Jerome Hall
Science And Reform In Criminal Law, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING
CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS
CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT
CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED
CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE
FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION
INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE
RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?
TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Vanderbilt Law Review
Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …
The Right Of A Businessman To Lower The Price Of His Goods, Stanley D. Rose
The Right Of A Businessman To Lower The Price Of His Goods, Stanley D. Rose
Vanderbilt Law Review
The present actions being taken to mark the transition from cold to hot war are settling a number of problems and creating a host of others. The direction of our national effort within the economy will shift to production; our normal interest would be in distribution. This shift will not mean that the antitrust laws will be entirely suspended. There remain certain vital functions of protecting whole classes of citizens during the coming years of stress and for that day when once again we return to our new two-cars-for-every-family ideal.
'But it cannot be denied that a discussion of lowering …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Attorney and Client--Unauthorized Practice of Law--Drafting of Legal Instruments by Realtors
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Bailments--Bailee for Hire--Validity of Contract Provision Limiting Liability for Negligence
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Brokers (Real Estate)--Statement that Principal Might Take Less than List Price as Breach of Fiduciary Obligation--Breach as Defense to Action for Commission
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Corporations--Preferred Stock--Cancellation of Accrued Dividends by Charter Amendment
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Criminal Law--Evidence--Admissibility of Uncommunicated Threats under Plea of Self-Defense
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Domestic Relations--Consortium Right of Wife to Sue for Loss Due to Negligent Injury to Husband
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Eminent Domain--Lessee as Condemnor--Requirement that Compensation be Given for Improvements to Land Made by Lessee
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Evidence--Unanswered Letters--Admissibility on …
The Proposal To Prepare A Model Penal Code, Jerome Hall
The Proposal To Prepare A Model Penal Code, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Postscript: Proposals For A Long-Range Program, Jerome Hall
Postscript: Proposals For A Long-Range Program, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE
BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER
CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE
CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT
CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID
CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE
CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN
COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION
CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS
JOINT …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT
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AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE
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BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION
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CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT
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CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS
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CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION
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CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE
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CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …