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Shipowners' Limitation Of Liability In International Seafaring Disasters, Joseph N. Barker

Vanderbilt Journal of Transnational Law

Adherence to the principle of strict limitation of liability in any area of the law has been out of vogue since the time of Winterbottom v. Wright. This is true whether it be in the area of products liability, master-servant relations, or international air travel. The trend is to remove all limitation on recoveries available under our law for death or injury. An exception is the limitation of liability in maritime disasters. Here, in this watery domain, the narrowness that formerly dominated the field of products liability continues to exist. Some critics condemn such strict limitation as an anachronism in …

Artificial Islands Constructed On United States Continental Shelf Denied Status Of Independent Sovereignty, Journal Staff

Vanderbilt Journal of Transnational Law

The United States brought injunction and trespass claims in the federal district court against three private persons to prevent the unauthorized construction of artificial islands atop several submerged coral reefs located about four and one-half miles off the southeast coast of Florida. These reefs were composed of the skeletal remains of coral organisms and lay at a depth of 600 feet. The reefs continued to grow laterally, but had reached their maximum height and were completely submerged at all times except at low tide when their highest projections were momentarily visible. The reef area, which harbored countless varieties of marine …

The Peril Of Air Pollution In North Dakota, Thomas L. Zimney

North Dakota Law Review

No abstract provided.

Book Review Of Daniel G. Baldyga's: How To Settle Your Own Insurance Claim, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

How to Settle tries to exploit the same vein mined in spectacular fashion by Norman F. Dacey, who parlayed deep dissatisfaction with the probate system and popular resentment of lawyers into a runaway best-seller. It would seem, up to this point anyway, that people more readily worry about the inevitability of death and its legal consequences than the possibility of personal injury caused by the legal fault of another. Nonetheless, How to Settle does merit some attention, at least within the confines of a specialized journal and under circumstances unlikely to promote a sales backlash, so that all its shortcomings …

Of Mace And Men: Tort Law As A Means Of Controlling Domestic Chemical Warfare, Joseph A. Page

Georgetown Law Faculty Publications and Other Works

The use of MACE and other chemical sprays by the police and the public has caused considerable comment and controversy during the last several years. Recognizing the seriousness of the problem, Professor Page analyzes the efficacy of present law to control the misuse of chemical sprays. In this analysis Professor Page first discusses the deve/opmellt of the use of MACE and the heated controversy that surrounds both its employment and potentially deleterious effects. He then turns to the application of intentional tort, negligence, warranty, and strict liability concepts as methods by which victims of MACE might hold the user or …

Compulsory Jurisdiction Of The International Court Of Justice: A Study Of Its Acceptance By Nations, Harold J. Owen

Georgia Law Review

THE primary problem confronting both the Permanent Court of International Justice under the League of Nations and the Inter- national Court of Justice under the United Nations has been the reluctance of nations to submit themselves to the compulsory jurisdiction of either court. Consequently to achieve the full potential of international adjudication, a greater number of nations must be convinced of the advantages in utilizing the compulsory jurisdiction of the present International Court of Justice.

When the Statute of the Permanent Court of International Justice was under consideration, many leading international jurists were cognizant of its necessity. American representatives, James …

Underground Gas Storage: Economic Needs And A Proposed Statutory Resolution Of Legal Obstacles, Steven Y. Winnick

University of Michigan Journal of Law Reform

Gas storage is necessary to equate the supply and demand for gas in different parts of the United States. Most areas of the country lack sufficient native gas supplies to meet their own demands for consumption, and commercial natural gas produced mainly in the southwest must be shipped to all parts of the country. The primary and most economical means of shipment is by pipelines. But during the winter months pipelines carrying capacity loads are incapable of meeting the demand for gas, especially for residential space heating. Contrariwise, capacity far exceeds demand during the warmer periods. This Article will discuss …

Trespass To Land In North Carolina Part I -- The Substantive Law, Dan B. Dobbs

North Carolina Law Review

No abstract provided.

The Opinion Volume Ix Number 1 – November 1, 1968, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 1, 1968

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Michigan Law Review

A surge of interest and direct involvement with artificial insemination has interposed complicated and presently unsolved legal, social, cultural, religious, emotional, and psychological problems. It is not the purpose of this Article to undertake an exegesis of these interrelated areas or their ramifications. Central consideration, instead, is given to the special legal problems of adultery, illegitimacy, and support and inheritance manifest in any discussion of artificial insemination.

The Need For A Redefinition Of Death, Betty Wolf

Chicago-Kent Law Review

No abstract provided.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Buffalo Law Review

No abstract provided.

Chapter V: Claims Concerning Lawful Weapons Of Belligerent Attack, W. T. Mallison Jr

International Law Studies

No abstract provided.

Lake Creek Irrigation Co., A Corporation V. Don Clyde And Kate Clyde, His Wife; Larry F. Clyde And Barbara Clyde, His Wife; Louis A. Kirk And Jane Kirk, His Wife; James F. Clyde And Earlene Clyde, His Wife; Robert Clyde And Lynette Clyde, His Wife : Respondents' Brief, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

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

From Common Law Logic-Chopper To Land-Use Planner Eulogy For The Lawyer As Social Engineer , E. F. Roberts

Cornell Law Review

No abstract provided.

New Draft Law A Manual For Lawyers And Counselors , Norman Penney

Cornell Law Review

No abstract provided.

Post-Death Tax Options, Dale Forbes

Montana Law Review

Post-Death Tax Options

Roundtable On Criminal Law, Harold W. Solomon

Journal of Legal Education

No abstract provided.

Pure Food And Drug Law, William W. Goodrich

Journal of Legal Education

No abstract provided.

Human Attitudes In Appalachia, Jack E. Weller

West Virginia Law Review

No abstract provided.

Legal Services And The Legal Establishment, Eugene F. Mooney

West Virginia Law Review

No abstract provided.

Protection Of Property Rights And Due Process Of Law In The Japanese Constitution, Nobushige Ukai, Nathaniel L. Nathanson

Washington Law Review

Some writers find a reflection of the due process clauses of the fifth and fourteenth amendments of the United States Constitution in Article 31 of the 1946 Japanese Constitution. Article 31 provides: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law." Obviously there are disparities as well as similarities between this article and the American due process clauses. Since the Japanese Constitution was framed under the direction of the Supreme Command Allied Powers (SCAP), during the allied occupation, the similarities are not surprising. Many of …

Tax Aspects Of Livestock Operations, James D. Keast

Missouri Law Review

No abstract provided.

Federal Constitutional Limitations On The Enforcement And Administration Of State Abortion Statutes, Roy Lucas

North Carolina Law Review

No abstract provided.

Torts -- Products Liability -- Is Privity Dead?, Robert A. Wicker

North Carolina Law Review

No abstract provided.

A Comparative Evaluation Of The Delaware And Maryland Close Corporation Statutes, Edwin J. Bradley

Duke Law Journal

In 1967 both Delaware and Maryland enacted close corporation legislation. The two statutes differ significantly in their approach to the problems of the "incorporated partnership." In this article the author undertakes an evaluation of the policies represented in the two enactments and concludes that the Maryland effort yields the most insightful close corporation statute legislated to date.

Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman

Michigan Law Review

What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …

Legislating For Air Quality Management: Reducing Theory To Practice, George Hagevik

Law and Contemporary Problems

No abstract provided.

The Liability Of An Employer For The Wilful Torts Of His Servants, Ralph L. Brill

Chicago-Kent Law Review

No abstract provided.

Methods Of Removing Restrictive Covenants In Illinois , Aladar F. Siles

Chicago-Kent Law Review

No abstract provided.