Digital Commons Network^™

The Law Of Adoption: Ancient And Modern, Leo A. Huard

Vanderbilt Law Review

Sir Henry Maine tells us that adoption is one of the oldest and most widely employed of legal fictions. Without it, he asserts, society would scarcely have escaped its swaddling clothes. It commanded the approval of the greater number of archaic societies and has proven to be the most perdurable of all artificial relationships designed to prolong the continuity of family existence.

The family is the basic group of most primitive societies. Those who were related by blood naturally gravitated to each other to form this first ring of society's organization. In the same way successively higher organizational units were …

"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart

Dalhousie Law Journal

At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …

The Tort Of Seduction: Fathers And Daughters In Nineteenth Century Canada, Constance Backhouse

Dalhousie Law Journal

The tort of seduction, one of the most popular civil actions in nineteenthcentury Canada, was rooted in feudal notions that suggested that certain individuals could hold property interests in others. In the traditional actio per quod serviium amisit, a master was entitled to sue a tort-feasor who injured his servant for the loss of his or her services. The servant was treated as a species of chattel belonging to the master. As medieval master-servant relations began to dissolve in a modernizing economy, the tort was narrowed until it related almost exclusively to fathers and daughters. Fathers continued to bring actions …

Looking South: A Short Guide To Some Basic Considerationsin Referring To United States Law In Connection With Canadian Judicial Proceedings, Jan Schneider

Dalhousie Law Journal

Comparative law may be entering its golden age in Canada. Particularly with the advent of the new Canadian Charter of Rights and Freedoms, courts, practitioners and professors in Canada seem to be looking increasingly at the decisions of foreign tribunals for what guidance they may offer for the construction and development of Canadian law. For a number of fairly obvious reasons - the sheer number of American cases and their easy accessibility, common language, basic similarities in legal systems and so forth - there appears to be a very distinct trend toward reliance on United States cases in particular. An …

Support Rights And Duties Between Husband And Wife, Monrad G. Paulsen

Vanderbilt Law Review

According to the common law a husband was entitled to his wife's earnings and most of her personal property in addition to the pleasure of her company and services in the home. These advantages have been considered the quid pro quo for the man's duty of support. Today, because of legislation, most of a husband's legal control over the income and means of his wife is gone. If a husband's duty to support is to be grounded in a reciprocal benefit to him, that benefit is derived almost wholly from the wife's obligation to be a wife and to live …

Bankruptcy From A Family Law Perspective, G. Stanley Joslin

Vanderbilt Law Review

The points at which family interests are involved in the usual bankruptcy proceeding are many. Some are quite obvious, as dower rights of the wife, alimony claims, or intra-family concealments. Others are less conspicuous but no less potent, as exclusion of relatives and spouses from certain rights, post-bankruptcy inheritances, cryptic exemption rights or evidentiary obligations. The scope here will not be limited to the traditional academic "Family Law" concept but will include that wider sphere where husbands, wives, and children are actually and vitally concerned in a bankruptcy involving one of them. Not only are the advantageous rights to be …

Psychiatric Challenge Of Witnesses, Thomas E. Watts Jr.

Vanderbilt Law Review

Although insane' persons were incompetent as witnesses at early common law, the modern view is that the effect of mental illness upon competency is a preliminary question for the court in the absence of contrary statutory direction. An insane person is generally said to be a competent witness if he can understand the sanctions imposed to elicit the truth and can correctly recount the occurrence which is the subject of his testimony. Some courts exclude evidence of insanity offered for purposes of impeachment but most courts admit such evidence, treating medical and lay testimony with equal respect because of the …

The Law Of Divorce And The Problem Of Marriage Stability, Max Rheinstein

Vanderbilt Law Review

In the mind of the American public, the topic of divorce has come to play a conspicuous role. The present symposium constitutes a part of an extensive debate which is carried on not only among experts but in which the general public also has shown a lively interest. The matter touches upon the lives of large numbers of people and it excites widespread curiosity and emotional reactions. The common attitude is one of uneasiness. The feeling is widespread that there are too many divorces, that the stability of family life has seriously declined, and that something ought to be done …

Involuntary Psychiatry In Nova Scotia: The Review Board Reports (1979-1983) And Recent Proposals For Legislative Change, H Archibald Kaiser

Dalhousie Law Journal

The Nova Scotia Psychiatric Facilities Review Board, appointed under s. 53 of the Hospitals Act1, fulfils many vital functions affecting the treatment and liberty of the patient involuntarily confined in the psychiatric hospitals of the Province.2 Although its proceedings are held in camera,3 the Board fortunately publishes an Annual Report which is tabled in the House of Assembly.4 Neither lay persons aor lawyers are likely to scrutinize these documents and this Comment is intended in part to redress this regrettable disregard as well as to offer some critical remarks. They contain material which will both hearten and disturb the reader, …

Mortgages To Secure Future Advances, Gerald L. Blackburn

Missouri Law Review

No abstract provided.

Leases And Federal Taxation , Hiram H. Lesar

Missouri Law Review

No abstract provided.

Frank L. Stewart V. Arnold Lesin : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Dr. R. B. Lindsay V. Jennie Woodward : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Nelson Clayton V. Hal S. Bennett Et Al : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

State Of Utah V. Eugene Myers : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from Third Judicial District Court, Salt Lake County, State of Utah, Honorable A. Ray Van Cott, Jr., Judge.

Book Reviews, Roger J. Kiley, John W. Bricker, John S. Gonas

Notre Dame Law Review

No abstract provided.

Municipal Corporations (Survey Of Virginia Case Law - 1955), William T. Prince

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law (Survey Of Virginia Case Law - 1955), Norman A. Crandell

William and Mary Review of Virginia Law

No abstract provided.

Contracts (Survey Of Virginia Case Law - 1955), Joseph M. Maurizi

William and Mary Review of Virginia Law

No abstract provided.

Torts, Section I (Survey Of Virginia Case Law - 1955), Lawrence L. Lieberman

William and Mary Review of Virginia Law

No abstract provided.

Law Of Domestic Relations (Survey Of Virginia Case Law - 1955), William A. Hunt

William and Mary Review of Virginia Law

No abstract provided.

Constitutional Law, Clifford C. Alloway

University of Miami Law Review

No abstract provided.

Domestic Relations, Daniel E. Murray

University of Miami Law Review

No abstract provided.

Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema

Michigan Law Review

Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Cml- Procedure - Jurisdiction - Recent Legislation Asserting Jurisdiction Over Nonresident Tort-Feasors, A. Duncan Whitaker

Michigan Law Review

A recent Illinois statute provides inter alia that a nonresident person who commits a tortious act within the state submits to the jurisdiction of the state as to any cause of action arising out of such act. The statute provides that process personally served on the defendant outside the state shall have the same force and effect as though the summons had been personally served within the state. Ill. Rev. Stat. (1955) c. no, § 17.

Recent Decisions, Edward N. Denn, Michael J. Moran, Vernon O. Teofan, Eugene F. Waye

Notre Dame Law Review

Comments on recent decisions by Edward N. Denn, Michael J. Moran, Vernon O. Teofan, Eugene F. Waye, David J. Eardley, George A. Patterson, and John F. Chmiel.

Presidential Inability: Hearings Before Special Subcommittee To Study Presidential Inability Of The Committee On The Judiciary, House Of Representatives, 84th Congress, Special Subcommittee To Study Presidential Inability; Committee On The Judiciary. House Of Representatives. United States.

Congressional Materials

Explores solutions to the problem of "presidential inability".

Some Cultural Aspects Of Immigration: Its Impact, Especially On Our Arts And Sciences, John Harmon Burma

Law and Contemporary Problems

No abstract provided.

Punishment: The Reward For Guilt, Arnold T. Lieberman, Dawn B. Girard

Buffalo Law Review

No abstract provided.