Courts Commons^™

The Supreme Court And The Decline Of State Power, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Conflict Of Laws--1959 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There have been several developments during the year regarding jurisdiction over nonresidents.

In 1947 the legislature passed a statute requiring "any unincorporated association or organization, whether resident or nonresident," which was doing or desiring to do business in the state to appoint an agent for the service of process and providing that in case of failure to appoint the agent, service might be had on the Secretary of State.' The constitutionality of this act, as applied to foreign associations has since been upheld. A current amendment to the section has added the words "including non-resident partnerships" at the end of …

Review Of Powers Of Single Judge Under Three-Judge Acts

Washington and Lee Law Review

No abstract provided.

Right To Jury Trial In Washington—Present And Future, Philip A. Trautman

Washington Law Review

A perennial problem confronting the attorney preparing for trial is whether his client has a right to a jury. In many, probably most, instances a trial to the court will be desired by all parties concerned. This may be because of the fear of prejudice on the part of a jury, or the desire for a more speedy trial before the judge, or the object of cutting expenses, or any of the other innumerable factors to be weighed in determining whether judge or jury is best for one's particular case. In other instances the sole question at issue will be …

An Introduction To The Study Of Presumptions, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Court Supervision Of The Administration Of Estates And Guardianships, Philip H. Austin

Washington Law Review

In June 1958 The Probate Committee of the King County Superior Court, under the chairmanship of Judge Eugene A. Wright, initiated an experiment in court supervision of probate administration. The primary purpose of the program is to insure that persons serving as personal representatives of the estates of decedents, or as guardians of the estates of minors and incompetent persons, are properly and expeditiously performing the duties of their offices, as prescribed by law. The writer of this Comment, a third-year law student at the University of Washington, was employed on a part-time basis to work for the committee on …

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …

The Supreme Court And State Power To Deal With Subversion And Loyalty, Roger C. Cramton

Cornell Law Faculty Publications

In this Article, Professor Cramton discusses the effect of recent United States Supreme Court decisions on state control of Subversive activities. He finds that while the decisions to some extent restrict state activity in this area, and though the Court in its decisions gives the impression of vacillation and confusion, some definite and workable principles are emerging which contribute to a resolution of the inherent conflict of federal-state relations which these issues pose. He concludes that as the states grow more sophisticated in their treatment of these issues, so the policy of judicial self-restraint will become more influential in restricting …

Mr. Justice Minton-Hoosier Justice On The Supreme Court (Pt. 2), Harry L. Wallace

Indiana Law Journal

No abstract provided.

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …

Labor Law - Collective Bargaining - Jurisdiction Of District Court To Vacate An "Unlawful" Order Of The Nlrb, Stephen B. Flood

Michigan Law Review

Respondent, representing a labor organization, petitioned the National Labor Relations Board for certification as the exclusive bargaining agent of a group of professional employees pursuant to section 9 of the amended National Labor Relations Act. After a hearing the Board ordered that nine non-professional employees be included in the bargaining unit. Section 9(b) (1) expressly prohibits the inclusion of non-professional employees in a professional unit unless a majority of the professional members vote for inclusion in such unit. The Board refused to take a vote among the professional employees, and proceeded directly to order an election to determine if respondent's …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process of Law--Constitutionality of the Federal Youth Corrections Act in Its Application to Youthful Criminal Offenders

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Constitutional Law--Legislative Power--Infringement of Constitutional Guaranties by Demands of Legislative Investigating Committees for the Production of Membership Lists

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Courts--Process--Immunity of Nonresident Defendants in Federal Criminal Actions from Service of State Civil Process

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Damages--Installment Verdict in Tort Action

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Domestic Relations--Separation--Suit by Mentally Incompetent Wife

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Interstate Commerce--Hobbs Act--"Robbery" Provision Construed as Requiring Proof of Common Law Elements of Offense

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Taxation--Income--Determination of "Useful Life" of a Business Asset for Purposes of Depreciation

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Taxation--Income--Full Payment of Tax Deficiency as …

Advisory Opinions—Present Status And An Evaluation, George Neff Stevens

Washington Law Review

As the term is used in the United States today, an advisory opinion is a formal opinion by a judge or judges of a supreme court, or by a supreme court, in answer to a question of law, submitted by a legislative body or a governor, a council, or a governor and council, of a state, which question is not related to nor concerned with a case or controversy in actual litigation at the time, and which does not involve private rights.

Mr. Justice Minton-Hoosier Justice On The Supreme Court. Harry L. Wallace, Harry L. Wallace

Indiana Law Journal

No abstract provided.

Volume 26 (1958-1959)

Tennessee Law Review

No abstract provided.

Foreward, William T. Muse

University of Richmond Law Review

The reception accorded the first number of the University of Richmond Law Notes, published last spring, has been most gratifying. It has encouraged the Faculty to prepare this second number, which also is being distributed to all alumni of the Law School through the courtesy of the University of Richmond Law School Association. There has been a modest volume of requests for copies of the first issue from non-alumni members of the bar and from many law libraries.

The Warren Court Under Attack: The Role Of The Judiciary In A Democratic Society, J. Patrick White

Maryland Law Review

No abstract provided.

The Historical Development Of The Kentucky Courts, William E. Bivin

Kentucky Law Journal

No abstract provided.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Original Jurisdiction Of National Supreme Courts, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review

No abstract provided.

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …

The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Federal Jurisdiction In Diversity And Related Cases, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.