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Richard P. Smoot And Barbara M. Smooth V. Howard L. Lund And Gwen C. Lund : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Cecelia Wilson And Clara Martin V. Salt Lake City : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Judgment of the 3rd District Court for Salt Lake County. Hon. Aldon J. Anderson.

Sherman B. Hinckley And Bonneville On The Hill Co. V. Robert B. Swaner, Peter B. Swaner Et Al : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

District Court of Salt Lake County. Hon. A. H. Ellett.

State Of Utah V. Leonard Brennan : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from Second Judicial District Court of Weber County. The Honorable Parley E. Norseth, District Judge.

Craig Caldwell And Robert E. Convington Dba Caldwell And Covington V. Anschutz Drilling Company, Inc. : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Judgment of the Fourth Judicial District Court for Uintah County, Hon. Joseph E. Nelson, Judge.

George L. Tillman V. State Of Utah : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

O. A. Tangren, Etc. V. Adeline M. Ingalls Et Al : Petition For Rehearing And Brief Of Respondent In Support Thereof, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Virginia Bar Exam, December 1961, Day 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, December 1961, Day 1

Virginia Bar Exam Archive

No abstract provided.

Vol. 11, No. 8, December 8, 1961, University Of Michigan Law School

Res Gestae

•Back the Team •Holiday Season is Upon Us •Don't Forget the Navy - or - Don't Miss the Boat •Legal Aid Procedure Announced •Swiss Law Professor Looks at American Life •Fraternity Flashes •Volley Ball Team Falls •At the Flicks

Dorothy Stevenson V. Vernon L. Stevenson : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Vol. 11, No. 7, December 1, 1961, University Of Michigan Law School

Res Gestae

•Price, Dykhouse and Schuyler Win Moot Court Competition •Twelve Reach Campbell Competition Semi-Finals •Legal-Aid Unit Formed •At the Flicks •Japanese Criminal Law Specialist Studies Here •Christmas Dance •Christmas Musicale •Here Comes the Navy •'Odd Lot' Presents Mr. Jerry Adler •PhiD Secret is Out •Delts Twist

On Misunderstanding The Supreme Court, Wallace Mendelson

Notre Dame Law Review

No abstract provided.

Partnership Or Joint Venture, Walter H. E. Jaeger

Notre Dame Law Review

No abstract provided.

Legislation And Administration: Administrative Law -- Icc To Pass On Motor Carrier Use Of Piggybacking -- Extent Of "Initial Movement" Authority Of Automobile Haulers, Edward J. Fillenwarth

Notre Dame Law Review

No abstract provided.

Recent Decisions, Paul J. Driscoll, William E. Kelly, George W. Vender Vennet, Paul K. Rooney

Notre Dame Law Review

Comments on recent Decisions by Paul J. Driscoll, William E. Kelly, George W. Vander Vennet, Paul K. Rooney, Richard C. Wilbur, Harold E. McKee, and Theodore E. Fitzgerald.

Book Reviews, Charles S. Desmond, James F. Thornburg, Edward J. Gray, Walter H. E. Jaeger

Notre Dame Law Review

Book reviews by Charles S. Desmond, James F. Thornburg, Edward J. Gray, Walter H. E. Jaeger, and Thomas L. Shaffer.

Book Reviews, James Jackson Kilpatrick

University of Pennsylvania Law Review

No abstract provided.

Some Legal Problems In Group Insurance, Robert B. Butler Iii

Louisiana Law Review

No abstract provided.

A Critique Of The Business-Purpose Doctrine, Robert S. Summers

Cornell Law Faculty Publications

The aims of this article are: (1) to define the nature and significance of the business-purpose doctrine as applied in the field of Federal income taxation; (2) to summarize several considerations that support abandonment of the doctrine; and (3) to consider whether a substitute doctrine is needed. Several recent cases indicate that the influence of the business-purpose doctrine is declining, and in the recent case of Knetsch v. United States the Supreme Court appears to have substituted an alternative doctrine. The dual thesis of the present article is that the business-purpose doctrine ought to be abandoned and that there is …

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub

West Virginia Law Review

No abstract provided.

Book Reviews, Donald P. Kommers, I. C. Rand

Vanderbilt Law Review

Law and Social Process in United States History:

The excellence of Law and Social Process in United States History in every respect matches the high honor accorded Professor Hurst when invited to deliver the ninth series of the Thomas M. Cooley Lectures under the sponsorship of the University of Michigan Law School. This volume, following upon the heels of his Growth of American Law and Law and the Conditions of Freedom, the latter having won the James Barr Ames prize granted quadrennially by the Harvard Law School, merely affirms his stature as an eminent legal historian. Like the earlier volumes, …

The Practitioner And The Bankruptcy Process, John M. Bates

Vanderbilt Law Review

While procedure in bankruptcy matters is not difficult it requires meticulous attention to detail. After observing many cases, it is my opinion that the average practitioner who carefully observes the rules of procedure and is painstaking and conscientious in drafting the schedules and other required pleadings can find bankruptcy an interesting and rewarding practice.

The Equitable Subordination Of Claims In Bankruptcy, Asa S. Herzog, Joel B. Zweibel

Vanderbilt Law Review

The authors of this article address themselves to the problems raised by the use by bankruptcy courts of their equity powers to subordinate claims. They discuss the distinctions between subordination and disallowance, the interplay between state and federal law, res adjudicata, and the classes of cases in which equitable subordination occurs. They conclude that, while much confusion exists in this area, the equitable principles involved are generally sound and that applying them is often in the best interest of debtor, creditor, and public.

The Dischargeability Of Debts In Bankruptcy, Paul J. Hartman

Vanderbilt Law Review

From the viewpoint of the bankrupt debtor, a discharge from his obligations is, no doubt, the most important facet of bankruptcy proceedings. The bankruptcy discharge is designed to relieve the honest debtor from his financial entanglements, and to give him an opportunity to reinstate himself in the business world. A debtor is now entitled to a discharge as a matter of right, unless he has been guilty of certain specified offenses against the Bankruptcy Act. For many generations the idea of a discharge from one's debts has been the relieving feature of bankruptcy. However, it has not always been so. …

Federal Tax Liens In Bankruptcy, Pierre R. Loiseaux

Vanderbilt Law Review

In this article, the author considers the peculiarly preferred position of the tax lien under section 67 of the Bankruptcy Act. From his consideration of the position of the trustee and the claim of the government he concludes that the law as presently applied is inequitable. He advocates that the government's secret lien be held invalid against the trustee, that the inchoate lien doctrine should not be applied in bankruptcy, and that the doctrine of Moore v. Bay be modified.

Preferences Under The Bankruptcy Act, Charles Seligson

Vanderbilt Law Review

The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions entered into by the debtor on the ground that these transactions give some creditors a preference. In this article, Mr. Seligson examines section 60 of the Bankruptcy Act to determine when this can be done. He discusses the elements of preferential transfers, the problems of proof, the relationship between state and federal law, and the manner in which the statutory provisions have been applied by the courts.

Arrangements And Wage Earner Plans: Proceedings Under Chapters Xi And Xiii, Sydney Krause

Vanderbilt Law Review

In this article, Mr. Krause considers the practical problems confronting the attorney who conducts proceedings under chapters 11 and 13 of the Bankruptcy Act. The article is a revision of remarks made by Mr. Krause at the Institute on Debtor-Creditor Relations held at the Vanderbilt University School of Law on November 11, 1961. While a number of changes have been made in the remarks, the author has retained, insofar as possible, the original flavor of the address.

Determination Of The Effect Of A Discharge In Bankruptcy, T. A. Smedley

Vanderbilt Law Review

This article examines the operation of the system under which the granting of the discharge is the function of the bankruptcy court but the construction of the effect of the discharge falls within the power of any court in which a creditor happens to bring suit to enforce an obligation of the bankrupt. The customary practice of leaving to the lower state courts the task of determining the dischargeability of specific debts is evaluated, and the bases for having this determination made in the bankruptcy court instead are explored.

The Wage Earners' Plan: Its Purpose, Walter Chandler

Vanderbilt Law Review

Chapter XIII is the forerunner of the general revision of the National Bankruptcy Act in 1938. Introduced as a bill for the relief of harassed wage earners who desire to pay their debts if given sufficient opportunity, the bill attracted the attention of the Honorable Hatton W. Sumners, Chairman of the Committee on the Judiciary of the House of Representatives. In view of the cumulative need for a definitive study of the law of bankruptcy with the end view of enacting a complete revision of the Act of 1898, a special subcommittee on bankruptcy was created; this subcommittee, with the …