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Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Judicial Notice Of Scientific Facts, Jon C. Kleri

Cleveland State Law Review

The practical purpose of judicial notice is to dispense with the necessity of taking proof to establish a well known or accepted fact or proposition. However, courts are not bound to take judicial notice of matters of fact. Their acceptance or rejection is dependent upon the nature and scope of the subject matter as it relates to the issues in any given case in conjunction with the overall justice applicable to the matter. A court will not take judicial notice of a fact where there is doubt or uncertainty regarding its acceptance or notoriety.

Presentation Of Evidence In A "Whiplash" Or Cervical Sprain Case, Gibson B. Witherspoon

Cleveland State Law Review

By 1963 claims paid by insurance companies for "whiplash" injuries amounted to more than thirty per cent of the total claims paid. It was natural that the insurance companies began a campaign to discredit "whiplash" claims. The industry has been most successful in convincing many judges and jurors that these injuries often are faked by those claiming them. Since the publication of several articles concerning these neck injuries, the insurance industry has adopted a very cynical approach to all "whiplash" injuries. No other injury in the history of American jurisprudence has been the subject of such unfavorable publicity.

Perpetuities, Privity And Professional Liability, D. Orville Lahy

University of Richmond Law Review

As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.

Vice Presidential Succession: A Brief Rebuttal, George D. Haimbaugh Jr.

South Carolina Law Review

No abstract provided.

Claim And Delivery In South Carolina, Martha L. Garrison

South Carolina Law Review

No abstract provided.

Aircraft Noise: A Taking Of Private Property Without Just Compensation, Pearce W. Fleming

South Carolina Law Review

No abstract provided.

Misplaced Emphases In Wars On Poverty, Simon Rottenberg

Law and Contemporary Problems

No abstract provided.

The New York Law Controlling The Dissemination Of Obscene Materials To Minors

Fordham Law Review

No abstract provided.

Libel In Labor Disputes - Federal Versus State Jurisdiction, Jerry Lee Arnold

SMU Law Review

No abstract provided.

The Finance Cases, Jethro K. Lieberman

Other Publications

No abstract provided.

Objective: Tax Avoidance, Clay Brown And The Three-Party Sale And Leaseback, Louis F. Nicharot

Villanova Law Review (1956 - )

No abstract provided.

The Right To Bear Arms: A Phenomenon Of Constitutional History, Ralph J. Rohner

Scholarly Articles

Most discussions of the right to bear arms-however superficial-begin by noting the specific language of the second amendment to the United States Constitution, which provides:

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

And in various similar provisions, the constitutions of thirty-five states guarantee expressly the right to bear arms. Though it is submitted below that there may be significant distinctions between the protection afforded by the federal and state constitutions, for our purposes here we are concerned primarily with the …

What Light Is Cast By History On The Nature Of Equity In Modern Law, Ralph A. Newman

UC Law Journal

No abstract provided.

Book Reviews, Frank F. Jestrab, Frank T. Knox

North Dakota Law Review

No abstract provided.

Buck: Children For Adoption, Sanford N. Katz

Michigan Law Review

A Review of Children for Adoption by Pearl Buck

Old Age In Chanzeaux , A Village In Anjou, Peter Winship

Faculty Journal Articles and Book Chapters

Chapter 17

Chief Justice Desmond's Contribution To Anglo-American Understanding: A British Tribute, George Coldstream

Buffalo Law Review

No abstract provided.

Index To Subjects Cumulative Index To Volumes 1-30--1936-1965

Missouri Law Review

No abstract provided.

Order And Civil Liberties: A Complex Role For The Police, George Edwards

Michigan Law Review

The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …

New Series Volume 4, Issue 2 (1965)

Obiter Dicta

No abstract provided.

Law Alumni Review, Case Western Reserve University School Of Law

In Brief

No abstract provided.

Is Our Law Just?, Arthur L. Goodhart

Washington and Lee Law Review

No abstract provided.

The Abused Child And The Law, Robert E. Shepherd, Jr.

Washington and Lee Law Review

No abstract provided.

The Mysterious Disappearance Clause In Theft Insurance

Washington and Lee Law Review

No abstract provided.

Newsletter - 1965-08-05, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Business Organizations In The Philippines, Sulpicio Guevara

Washington Law Review

The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.

Secured Transactions In The Philippines, Estelito P. Mendoza

Washington Law Review

Philippine law on secured transactions is primarily statutory. Special laws dealing with chattel mortgages have been in effect since August 1, 1906. Title XV of the Philippine Civil Code deals with guaranty transactions and title XVI covers pledges and mortgages, with its major emphasis on pledges. The Chattel Mortgage Law was enacted by the Philippine Commission and is, thus, American in nature, while the Civil Code provisions are largely Spanish in origin.

The Pelton Decision: A Symbol - A Guaranty That The Development And Conservation Of Our Nation's Resources Will Keep Pace With Our National Demands, William H. Veeder

Montana Law Review

The Pelton Decision: A Symbol - A Guaranty That the Development and Conservation of Our Nation's Resources Will Keep Pace With our National Demands

Torts -- Products Liability -- Sale Requirement, David A. Irvin

North Carolina Law Review

No abstract provided.