Digital Commons Network^™

Medico-Legal Considerations Of Trauma And Other External Influences In Relationship To Cancer, William O. Russell, R. Lee Clark Jr.

Vanderbilt Law Review

Cancer is the term used by physicians and laymen to describe a common malignant disease of man and animal. It occurs in nearly as many different forms as there are types of tissue in the body. Each cancer type usually has its own biological behavior which may vary remarkably in different persons. In the United States, cancer is the second leading cause of death.' At the present time, more money is being spent for research, diagnosis and treatment of cancer than for any other single disease. There are sixteen medical journals publishing articles related solely to neoplastic disease and five …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Recent Decisions, Carl F. Eiberger, Donald W. Bebenek, Walter C. Clements, Robert J. Hepler

Notre Dame Law Review

Comments on recent decisions by Carl F. Eiberger, Donald W. Bebenek, Walter C. Clements, Robert J. Hepler, Norman H. McNeil, John P. Coyne, Mark S. Tolle, Robert D. LeMense, Michael C. Dionise, and John W. Houck.

Houseshold Finance Case: Statutory Review Of Discretionary Power To License, Roger I. Lewis

Washington Law Review

The recent case of Household Finance Co. v. State involves judicial review of a discretionary power to issue small loan licenses; but the language used by the court is of such breadth that the entire field of judicial review of administrative licensing must be re-examined. The plaintiff (Household Finance Co.) desired to open small loan agencies in Seattle and Vancouver. In compliance with statute, it made application to the Supervisor of Banks for the necessary licenses, but the application was denied. In accordance with statutory procedure, the superior court of Thurston County held a trial de novo. At the conclusion …

Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.

Michigan Law Review

In the short period of five years, action on three governmental fronts has solved one problem of state legislation which seemed to violate a basic premise of the equal protection clause of the Fourteenth Amendment. Congress, the Supreme Court and the courts of last resort of two states have acted to destroy the effectiveness of state laws which prohibited ownership of land by aliens ineligible for citizenship. These laws incorporated whatever classification Congress established for naturalization purposes into state statutes determining rights to own land. This process has resulted in recent years in discrimination against Orientals, particularly Japanese. The purpose …

Workmen's Compensation - Claimant Entitled To Penalties And Attorney Fees As Insured - Direct Action, Charles W. Darnall Jr.

Louisiana Law Review

No abstract provided.

Negligence-Duty Of Care-Liability Of State Mental Hospital For Acts Of A Dangerous Patient After Improper Discharge, Edgar A. Strause S.Ed.

Michigan Law Review

One Jones, a mental incompetent, was erroneously released as "recovered" from a state hospital for the criminal insane, after having been transferred there because of his dangerous behavior at a state penal institution. Jones' frequent assaultive behavior at the hospital was not reported in his case history upon which the determination of his recovery was partially based, nor was any inquiry made into the motivation for such conduct. Crowded conditions and an inadequate psychiatric staff were responsible for the improper diagnosis of the patient's condition and his ultimate discharge. Four days after his release he killed four persons. The administratrix …

Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.

Michigan Law Review

Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.

Book Reviews, John Paul Stevens, Roger Paul Peters, Thomas Broden

Notre Dame Law Review

No abstract provided.

No Respect For N.D. Laws, April 4, 1953, Unknown

Usher Burdick Papers

This editorial, dated April 19, 1953, addresses the controversy surrounding the removal of the ancestral remains of Sitting Bull (Tatanka Iyotanka), a Hunkpapa Lakota leader, from his grave at Fort Yates, North Dakota "by a small band of South Dakotans." It condemns the inaction of the Standing Rock Reservation Superintendent, Charles Spencer, who did not prevent the removal and failed to uphold the ND state law that protects burial sites. The editorial calls for accountability against those officials who violate their responsibilities.

Legalizing Proxy Marriages, John S. Bradway

Faculty Scholarship

No abstract provided.

State Of Utah V. Edgar Ronald Penderville : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Nonpreferential Aid To Religion Is Not An Establishment Of Religion, James M. O'Neill

Buffalo Law Review

No abstract provided.

In The Matter Of The Estate Of Emma G. Buttars : Proponent And Brief Of Respondent, 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.

Masthead And Comments

Missouri Law Review

No abstract provided.

Judicial Control Of Administrative Agencies In Indiana: Ii, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Religious Factors In Adoption

Indiana Law Journal

No abstract provided.

Hospitalization Of The Mentally Ill, William J. Curran

North Carolina Law Review

No abstract provided.

Insurance -- Accident Policies -- Construction Of "Accidental Means" In Policy, Hal W. Broadfoot

North Carolina Law Review

No abstract provided.

North Carolina State Bar, The, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Fela Or Uniform Compensation For All Workers, Reginald Parker

Law and Contemporary Problems

No abstract provided.

Dr. O'Neill's Rebuttal, James M. O'Neill

Buffalo Law Review

No abstract provided.

Some Observations On Pleading Damages In North Carolina, Henry Brandis Jr., James R. Trotter

North Carolina Law Review

No abstract provided.

Criminal Law -- Former Jeopardy -- Effect Of Mistrial Resulting From Prosecutor's Inability To Proceed, James T. Hedrick

North Carolina Law Review

No abstract provided.

Rights Accruing To A Husband Upon Marriage With Respect To The Property Of His Wife, James W. Day

Michigan Law Review

Attention is directed in this article to the principles of the common law and the features of the subsequent developments that are believed to be of greatest current value either because the particular doctrine still persists or because it aids in the evaluation of a precedent for use in a legal background that differs from that of the period or jurisdiction in which the decision was rendered.

Evidence-Admissibility Of Expressions Of Pain And Suffering, Edgar A. Strause S.Ed

Michigan Law Review

Notwithstanding medical achievements, the human being has not yet been immunized from physical injury and the pain customarily attending such injury. This fact coupled with the ill-controlled fury of modem life has led to an enormous amount of personal injury litigation. Such litigation, with rare exceptions, presents an evidentiary feature of pain and suffering of the victim. Most often the problem arises where pain and suffering are an element of the damages, although it may likewise be involved in showing the nature or the extent of the physical injury.

The Vindication Of A National Public Policy Under The Federal Employers’ Liability Act, Melvin L. Griffith

Law and Contemporary Problems

No abstract provided.

Recovery Of Damages For Mental Anguish Alone In Breach Of Contract Actions, Law Review Staff

Vanderbilt Law Review

Before the late 1800's it undoubtedly would have been contrary to law to assert that damages for mental suffering might be allowed in breach of contract actions. However, near the beginning of the Nineteenth Century a few courts made what was considered to be a serious departure from the common law and allowed such damages in certain types of cases. The passing of years has brought about considerable, though incomplete, development in this phase of the law. Not only have legal writers failed to give this development the comment which its significance warrants, but the courts have failed to indicate …

In The Matter Of The Estate Of Emma G. Buttars : Contestants And Appellants Brief, 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.

Marie C. Clausse V. First Security Corporation Et Al : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.