Law Commons^™

Voice Identification, Writing Exemplars And The Privilege Against Self-Incrimination, Russell J. Weintraub

Vanderbilt Law Review

The problems involved in defining the nature of the privilege against self-incrimination and in setting its limits have been much mooted in recent years. Though these problems have been brought into sharp focus by the present very urgent and certainly justified concern for our national security, they are problems which are inherent in the privilege itself. They have been with us for a long time.

One of these problems concerns the extent to which a person may refuse to participate in criminal proceedings brought against him. Doubtless not even the most liberal proponent of the privilege would claim that an …

Criminal Law--Escape From Illegal Custody, Sheldon P. Weitzman

Case Western Reserve Law Review

No abstract provided.

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 …

Case Notes

South Carolina Law Review

No abstract provided.

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

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 …

The Insanity Defense - A Perplexing Problem Of Criminal Justice, Dale E. Bennett

Louisiana Law Review

No abstract provided.

Psychiatry And Criminal Responsibility, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Responsibility And Law: In Defense Of The Mcnaghten Rules, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Torts--Choice of Law Required by Federal Tort Claims Act

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Constitutional Law--Equal Protection--Exemption of Veterans from Payment of Hunting and Fishing Fees

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Constitutional Law--Separation of Powers--Procedure for Removal of Judge an Interference with Judicial Process

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Constitutional Law--State Police Power--Restriction of Competition among Employment Agencies

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Contempt of Court--Summary Punishment of Direct Contempt--Attorney's Absence from Court

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Corporations--Inspection of Books and Records--Right of Former Director

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Criminal Law--Lotteries--Necessity of Consideration

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Domestic Relations--Alimony--Fixed Payments to Wife until Her Death or Remarriage as Basis of Claim against Husband's Estate

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Domestic Relations--Divorce and Alimony--Award of Alimony …

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

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

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 …

Recent Cases

South Carolina Law Review

No abstract provided.

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

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

Articles by Maurer Faculty

No abstract provided.

Recent Cases

South Carolina Law Review

No abstract provided.

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

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

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

Maryland Law Review

No abstract provided.

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

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

South Carolina Law Review

No abstract provided.

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

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.

Recent Cases

South Carolina Law Review

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.