Digital Commons Network^™

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …

Home Rule In Washington—At The Whim Of The Legislature, Robert F. Brachtenbach

Washington Law Review

One of the most elementary rules of municipal corporations is that the power and control of the legislature over the local unit is complete and supreme, except as restricted by the federal or state constitution. Washington has embraced this concept as fully as any other jurisdiction.

Shirlee S. Scrivener V. Albert Scrivener : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Byron R. Griffiths V. Shirley Griffiths : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

The Function Of Law In The Regulation Of Sexual Conduct

Indiana Law Journal

No abstract provided.

Problems Created By The Purchasers' Inability To Bargain Over Life Insurance

Indiana Law Journal

No abstract provided.

A Treatise On Labor Law, By Morris D. Forkosch, Archibald Cox

Indiana Law Journal

No abstract provided.

Natural Gas Regulation Under The Holding Company Act, Ralph K. Huitt

Law and Contemporary Problems

No abstract provided.

The Denver And Rio Grande Western Railroad Company V. Central Weber Sewer Improvement District Et Al : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Bankruptcy-Test Of Feasibility Under Chapter Xi Arrangement, Paul B. Campbell S.Ed.

Michigan Law Review

The Slumberland Bedding Company started in business in 1952 with a capitalization of $13,000. Within less than one year the corporation was "clearly heavily insolvent," having debts in excess of $85,000 and assets valued "at least several thousand dollars less than $42,250." Preferred creditor claims against the assets of the business amounted to more than $32,200. In this rather dismal context a petition for an arrangement under chapter XI of the Bankruptcy Act was filed. A plan was submitted which provided for independent capital to be put into the business to pay certain claims in full and to pay a …

Treaties And Executive Agreements, Morris D. Forkosch

Chicago-Kent Law Review

No abstract provided.

Torts -- Libel And Slander -- Liability Of Law Enforcement Officers For Defamation Contained In Official Communications, Joseph G. Dail Jr.

North Carolina Law Review

No abstract provided.

Left And Court Baron At Ashby De La Zouche, 1620-1714, The, Charles F. Mullet

Missouri Law Review

No abstract provided.

Municipal Corporations -- Sunday Closing Ordinances -- Reasonableness Of Classification, Calvin C. Wallace

North Carolina Law Review

No abstract provided.

Shirlee S. Scrivener V. Albert Scrivener : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

The Concept Of Legislative Power In Louisiana Constitutions, Kimbrough Owen

Louisiana Law Review

No abstract provided.

Forum Juridicum: The Louisiana Judiciary, Hon. John T. Hood Jr.

Louisiana Law Review

No abstract provided.

The Psychiatrist And The Law, By Winfred Overholser. Harcourt, Brace And Co., New York, 1953. Pp. 147. $3.50., Richard Arens

Louisiana Law Review

No abstract provided.

International Law-Reservations To Commercial Treaties Dealing With Aliens' Plights To Engage In The Professions, Alan Reeve Hunt S.Ed.

Michigan Law Review

The question of how far an alien may engage in a profession despite state requirements of citizenship which attach to many professions has not been widely litigated or discussed in this country. Recent action by the United States Senate, however, has created interest in problems presented by commercial treaty provisions which guarantee to alien nationals of many countries the right to engage in professions. Attention has thus been focused on law and policy questions which were formerly of little concern outside of the State Department. On July 21, 1953 the Senate gave its advice and consent to the ratification of …

Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue

Michigan Law Review

A Review of A COURT FOR CHILDREN. A Study of the New York City Children's Court. By Alfred J. Kahn.

Mental Cruelty As A Ground For Divorce, Sanford I. Halberstadter

Duke Law Journal

No abstract provided.

Suits Between States In The Supreme Court, William S. Barnes

Vanderbilt Law Review

A study of contemporary procedure and jurisdiction of the Supreme Court is a prerequisite of any plans for the expansion of the business of the World Court in the future. The present emphasis on international organization may lead to new legal problems in much the same manner as the growth of federal power has done in this country in the last quarter-century. This paper will discuss only those cases in which an opinion was rendered, omitting the admittedly significant memorandum reports for lack of space. Due to the complicated and detailed nature of many of the decrees, analysis of the …

Twenty-Nine Distinct Damnations Of The Federal Practice -- And A National Ministry Of Justice, Arthur J. Keeffe

Vanderbilt Law Review

There are certain fundamental truths. Neither the practicing lawyer nor the best judge has the requisite time to worry about the "why" of a rule of law. And this is true whether the point be one of substantive or adjective law although, as we know, the two are inter-mixed and one.

If the day's work be done, the bar and the judiciary must take the law as they find it, right or wrong, sensible or nonsensical, and do the best they can. Theirs is not to reason why.

I do not mean to deny that now and then a court …

Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker

Vanderbilt Law Review

The problems of the reciprocal use and enjoyment of property by adjacent landowners have become increasingly pronounced in our time of intense urbanization. Salient has been the problem of noise nuisances which frequently result when adjacent property is devoted to the inconsistent uses of industry and residence ownership. This conflict is often a serious one. The enjoyment by the residence owner of his property may be considerably impaired; the abatement of the noise may be at the price of loss of productivity, considerable expense or of not conducting the business at all.' The resulting situation is one which requires a …

Venue And Service Of Process In The Federal Courts -- Suggestions For Reform, Edward L. Barrett Jr.

Vanderbilt Law Review

In prescribing the rules governing the place of trial of actions commenced in the federal district courts, Congress might reasonably have been expected to follow one of two courses. On the one hand, it might have treated the continental United States as a single jurisdiction. On this basis service of process would have been permitted throughout the United States, venue rules would have been designed to channel litigation into the most convenient district, and provision would have been made for a motion for change of venue to be granted whenever the suit was commenced in a district which did not …

Byron R. Griffiths V. Shirley Griffiths : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Nathan Report And The Supervision And Enforcement Of Chairtable Trusts, George Gleason Bogert

Articles

No abstract provided.

Blanche Zollinger Madsen V. Delbert Murray Madsen : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the First Judicial District of the State of Utah in and for the County of Cache. Honorable Lewis Jones, District Judge.

Vol. 4, No. 6, May 1954, University Of Michigan Law School

Res Gestae

•In Brief •Miss Bozorth to Retire •Qualifications for Commissions in the Armed Forces •Some Thoughts of a Country Lawyer •Legal Problems Arising from the Peacetime Uses of Atomic Energy •An Interview with Professor Allen Smith •The Law School's Foreign Student Program •An Interview with the Dean •Law School Revives Alumni Society •Six Res Gestae Staff Members Graduate •Book Reviews

Volume 28, Issue 3 (1954)

Obiter Dicta

No abstract provided.