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1970

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Institution
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Articles 91 - 120 of 2328

Full-Text Articles in Law

Index—Volume 1970 Dec 1970

Index—Volume 1970

Duke Law Journal

No abstract provided.

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Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao Dec 1970

Want Of Trustee As Affecting The Creation Of Trusts., Arthur Yao

St. Mary's Law Journal

If a court determines that an instrument created a trust, that trust will not fail for want of a trustee. The analysis for determining whether a trust was created, however, depends on the context the failure arises in. For testamentary trusts, as long as the testator’s intention is clearly manifested in the will, equity will enforce it regardless of the cause of the failure of trustee. The analysis for inter vivos conveyances requires the court to determine whether the failure for want of a trustee was initial or subsequent. If the failure was subsequent, a validly created trust will not …

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The Jury System And Special Verdicts., Judge Ernest Guinn Dec 1970

The Jury System And Special Verdicts., Judge Ernest Guinn

St. Mary's Law Journal

A jury is entitled to know what it is doing by its verdict. As such, it is satisfying in charging a jury to explain fully and completely the legal principles involved in a case, the rights and duties of the parties, and the facts that the jury must deduct from the evidence presented to reach a verdict. Those who hold contrary views do not trust jurors, and in fact, do not trust the jury system. The views of professors, lawyers, and judges on this question and the reasoning for and against a full disclosure of the case to a jury …

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Imprisonment Of An Indigent Defendant For Failure To Pay A Fine Constitutes An Invidious Discrimination, On The Basis Of Wealth, Violating The Equal Protection Clause Of The 14th Amendment., William F. Mcquillen Dec 1970

Imprisonment Of An Indigent Defendant For Failure To Pay A Fine Constitutes An Invidious Discrimination, On The Basis Of Wealth, Violating The Equal Protection Clause Of The 14th Amendment., William F. Mcquillen

St. Mary's Law Journal

Abstract Forthcoming.

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Constitutional Interpretation And Criminal Identification, Carl Mcgowan Dec 1970

Constitutional Interpretation And Criminal Identification, Carl Mcgowan

William & Mary Law Review

No abstract provided.

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Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli Dec 1970

Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli

William & Mary Law Review

No abstract provided.

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Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka Dec 1970

Admiralty - Wrongful Death. Moragne V. States Marine Lines, Inc., 90 S. Ct. 1772 (1970), Lawrence J. Lipka

William & Mary Law Review

No abstract provided.

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Wage Garnishment Under The Consumer Credit Protection Act: An Examination Of The Effects On Existing State Law, Douglas S. Wood Dec 1970

Wage Garnishment Under The Consumer Credit Protection Act: An Examination Of The Effects On Existing State Law, Douglas S. Wood

William & Mary Law Review

No abstract provided.

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Landlord And Tenant - Retaliatory Evictions. Dickhut V. Norton, 45 Wisc. 2d 389, 173 N.W.2d 297 (1970), Michael E. Kris Dec 1970

Landlord And Tenant - Retaliatory Evictions. Dickhut V. Norton, 45 Wisc. 2d 389, 173 N.W.2d 297 (1970), Michael E. Kris

William & Mary Law Review

No abstract provided.

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Paul A. Leidy, Michigan Law Review Dec 1970

Paul A. Leidy, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Paul A. Leidy

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Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio Dec 1970

Intervention By An Automobile Insurance Company In A Suit By Its Insured Against An Uninsured Motorist., Ronald F. Sceglio

St. Mary's Law Journal

Abstract Forthcoming.

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Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin Dec 1970

Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin

Michigan Law Review

It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …

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The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper Dec 1970

The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper

Michigan Law Review

The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.

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Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review Dec 1970

Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review

Michigan Law Review

This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …

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Residential Tenants And Their Leases: An Empirical Study, Warren Mueller Dec 1970

Residential Tenants And Their Leases: An Empirical Study, Warren Mueller

Michigan Law Review

Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …

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Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review Dec 1970

Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review

Michigan Law Review

This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.

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Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review Dec 1970

Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review

Michigan Law Review

This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.

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Louisiana Products Liability: The Allergic Consumer, David S. Willenzik Dec 1970

Louisiana Products Liability: The Allergic Consumer, David S. Willenzik

Louisiana Law Review

No abstract provided.

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Exempt Property And Bankruptcy: Secured And Waiver Claims, Hector Currie Dec 1970

Exempt Property And Bankruptcy: Secured And Waiver Claims, Hector Currie

Louisiana Law Review

No abstract provided.

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Wrongful Death At General Maritime Law - The Moragne Decision, James L. Williams Iv Dec 1970

Wrongful Death At General Maritime Law - The Moragne Decision, James L. Williams Iv

Louisiana Law Review

No abstract provided.

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Masthead Dec 1970

Masthead

Louisiana Law Review

No abstract provided.

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Continental Shelf Law: Outdistanced By Science And Technology, Jean Talley Drew Dec 1970

Continental Shelf Law: Outdistanced By Science And Technology, Jean Talley Drew

Louisiana Law Review

No abstract provided.

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Promissory Estoppel And Louisiana, Federick H. Sutherland Dec 1970

Promissory Estoppel And Louisiana, Federick H. Sutherland

Louisiana Law Review

No abstract provided.

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The Right To Resist An Unlawful Arrest, Allan L. Durand Dec 1970

The Right To Resist An Unlawful Arrest, Allan L. Durand

Louisiana Law Review

No abstract provided.

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Law Reform And Legal Education, Robert E. Keeton Dec 1970

Law Reform And Legal Education, Robert E. Keeton

Vanderbilt Law Review

Painfully slow as the mills of law reform grind, they have moved faster in our generation than in most. This appraisal may seem overly generous to our own day when we reflect on the difficulties and delays encountered in achieving some particular reform. But if we measure progress in another way--comparing what has happened in the last dozen years with what happened in other time periods of similar length--differences emerge. The most easily documented difference concerns the performance of appellate courts of last resort in reforming private law by candidly overruling precedents. In the last dozen years, there have been …

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Representation For The Poor In State Rulemaking, Allan Ashman Dec 1970

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

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"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham Dec 1970

"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham

Vanderbilt Law Review

It has become almost an article of faith that "fair market value"constitutes the only fair and workable measure of damages for a landowner whose real property has been taken for public use. The courts apply it woodenly;' the magic words are solemnly intoned to jurors, commissioners, and arbitrators. Even the learned scholars in the field give it at least implicit recognition. Moreover, it continues to flourish despite widespread public dissatisfaction with both the substantive test for damages and the procedures through which the land is obtained. The taking of private property for the federal interstate highway and urban renewal programs, …

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Boys Markets And National Labor Policy, Stephen C. Vladeck Dec 1970

Boys Markets And National Labor Policy, Stephen C. Vladeck

Vanderbilt Law Review

In 1962, the Supreme Court held in Sinclair Refining Co. v.Atkinson' that section 4 of the Norris-LaGuardia Act barred federal courts from enjoining union violations of no-strike clauses in collective bargaining agreements. Since Sinclair, violations of this type have been the subject of considerable discussion, but have resulted in little litigation. The number of man days lost as a result of no-strike clause violations is minimal and the frequency of these violations is so small that it is difficult to imagine that they have any great influence on the course of industrial relations. Nevertheless, lovers of symmetry have argued that …

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The Right To Be A Recalcitrant Union Member, Neil F. Castaldo Dec 1970

The Right To Be A Recalcitrant Union Member, Neil F. Castaldo

Vanderbilt Law Review

In 1954, the United States Supreme Court considered the problem of union discipline in the case of Radio Officers' Union v. NLRB. The Court clearly stated that the policy of the National Labor Relations Board (NLRB) insures the right of each employee who chooses to join a union to be a "good, bad, or indifferent" member. Although the validity of this phrase seems to be generally accepted, it has never been enforced as an affirmative right. The purpose of this Note is to analyze the embryonic right to be a recalcitrant union member. Since most studies have examined this area …

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Newsletter - 1970-11-26, E. De La Garza Nov 1970

Newsletter - 1970-11-26, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

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