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Full-Text Articles in Law
Constitutional Law -- 1961 Tennessee Survey, James C. Kirby, Jr.
Constitutional Law -- 1961 Tennessee Survey, James C. Kirby, Jr.
Vanderbilt Law Review
Although a relatively small number of cases turned upon constitutional questions during the survey period, some important decisions were handed down in this area. In five separate decisions legislation was declared unconstitutional. The impact of the constitutional decisions varies from the right to millions of dollars in school funds in Shelby County and the salary of the clerk of General Sessions Court of Clay County to approval of permanent tenure for all franchised automobile dealers in the state. The scope of governmental power over the administration of estates, condemnation of private property and the pursuit of private businesses brought forth …
Rochin And Breithaupt In Context, James R. Richardson
Rochin And Breithaupt In Context, James R. Richardson
Vanderbilt Law Review
Modern scientific methods of fact-finding present evidentiary problems of admissibility which are grounded in reliability of the process, validity of the technique employed and desired policy objectives. In the final analysis, these three facets of the problem are all indivisibly interrelated since, in order to determine acceptable policy, scientific process and application of that process must inevitably be considered in the light of the concept of due process even though due process as such may not be posed affirmatively in any particular decision.' Moreover, it must be recognized that these factors will be present in varying degrees of intensity, dependent …
Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.
Federal Jurisdiction In Personam Of Corporations And Due Process, Thomas F. Green Jr.
Vanderbilt Law Review
A great deal has been written about the personal jurisdiction of state courts and particularly about the applicable due process requirements.' Much less has been contributed by commentators on the subject of due process requirements applying to in personam jurisdiction of a United States district court. Perhaps the reason is the difficulty of finding a rationale in the pertinent decisions. These fail to distinguish between the conditions necessary for valid service of federal court process as contrasted with those essential to the proper service of state process. They also fail to explain why the constitutional provision brings about the result …
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Michigan Law Review
Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING
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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER
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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES
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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION
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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE
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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION
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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …
Book Reviews, Marian D. Irish, Ralph Slovenko
Book Reviews, Marian D. Irish, Ralph Slovenko
Vanderbilt Law Review
The Quest for Equality By Robert J. Harris Baton Rouge: Louisiana State University Press, 1960. Pp. xiv, 173. $4.00.
reviewer: Marian D. Irish
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Confidentiality and Privileged Communication in the Practice of Psychiatry, Report No. 45. New York: Publications Office, Group for the Advancement of Psychiatry, 1960. Pp. 32. $.50.
reviewer: Ralph Slovenko
Cognovit Judgments: An Ignored Problem Of Due Process And Full Faith And Credit, Dan Hopson Jr.
Cognovit Judgments: An Ignored Problem Of Due Process And Full Faith And Credit, Dan Hopson Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Michigan Law Review
Plaintiff, a Georgia corporation not qualified to do business in Florida, solicited orders for merchandise from Florida residents through independent brokers who forwarded the orders to plaintiff's Georgia office for acceptance. Plaintiff did not maintain any place of business in Florida nor have any regular employee or agent there. In a suit to enjoin the enforcement of a distress warrant issued upon plaintiff's failure to collect the Florida use tax, the chancellor denied relief and the Florida Supreme Court affirmed. On appeal to the United States Supreme Court, held, affirmed, one Justice dissenting. Enforcement of the statute requiring collection …