Digital Commons Network^™

Loraine J. White V. National Postal Transport Association : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

1952 Virginia Labor Legislation Prompted By United States Supreme Court, Phebe Eppes Gordon

William and Mary Review of Virginia Law

No abstract provided.

Virginia's Untested Statute Requiring Contribution Toward State Care Of Insane, Joel Wilcox West

William and Mary Review of Virginia Law

No abstract provided.

Federal Law Of Prescription Drugs, Edward Brown Williams

Notre Dame Law Review

No abstract provided.

Torts - Recovery By Aggressor For Personal Injuries Received In Encounter, William H. Parker

Louisiana Law Review

No abstract provided.

Probate—Administration Of An Estate Under Absentee Statute, James B. Mitchell

Washington Law Review

A bank was appointed guardian of N's estate in 1941, N having been adjudged incompetent. In 1942, N disappeared, and was not heard from for over seven years. P, on behalf of N's heirs, petitioned the probate court for appointment as administrator of N's estate. The appointment was made, and the bank appealed. Held: Reversed. Where there is neither allegation nor evidence sufficient to give the probate court jurisdiction to determine that the missing man is dead, his heirs are relegated to the absentee statutes for provisional distribution. In re Nelson's Estate, 37 Wn. 2d 397, 224 P. 2d 347 …

Migratory Labor--Some Legal, Economic And Social Aspects, William S. Tyson

Mercer Law Review

For the past year, the farmers of our country have been called upon to produce the largest crops in our history. As one official of the United States Department of Agriculture has stated, "This is really a remarkable goal in view of the fact that our farm production in nine out of the last twelve years has either set a new record for production or has equalled the record then existing." Agricultural production is as essential in our present mobilization effort as it was in World War II. It is, therefore, imperative that this nation increase its supplies of agricultural …

The Limited-Access Highway, Owen Clarke

Washington Law Review

Even more impressive has been the sharp reduction in motor vehicle accidents where the principle of limited-access has been employed. On the Arroyo Seco, for example, accidents dropped 75 per cent. Accidents on Chicago's Outer Drive totaled only eight for every ten million vehicle miles traveled compared with 189 on ordinary roads in the area. After limiting access on a five-eighths-mile section in Milwaukee, there were only 5 per cent as many accidents as the average of four other comparable unlimited-access sections. Experience throughout the United States indicates that with limited-access highways we will have less than 15 per cent …

Sales—Waiver Of Right To Rescind, John L. Hay

Washington Law Review

P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …

Jurisdiction Over Foreign Corporations, Alfred Ray Ryder

Louisiana Law Review

No abstract provided.

The Scope Of Summary Judgment Under The Federal Rules, Henry N. Williams

Vanderbilt Law Review

The Federal Rules of Civil Procedure provide that, under appropriate circumstances, either the plaintiff or the defendant may seek and obtain a summary judgment.' The detailed requirements of Rule 56 have been discussed elsewhere, and they will not be discussed herein other than as they aid in delineating the area covered by summary judgments. In determining the scope of Rule 56, the purpose of the rules as a whole must be considered as well as the effect of the discovery procedures of the rules. In addition the summary judgment rule must be explicitly distinguished from a motion for judgment on …

Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo

Buffalo Law Review

Rochin v. People of California, 72 S. Ct. 205 (1952).

Zoning—The Non-Conforming Use And Spot Zoning, John M. Mckee, Morree Levine

Buffalo Law Review

No abstract provided.

Judicial Standards For The Protection Of Basic Freedoms, Jacob D. Hyman

Buffalo Law Review

No abstract provided.

The Second Mile For Legal Aid Clinics, John S. Bradway

Faculty Scholarship

No abstract provided.

Dead Bodies -- Recovery For Wrongful Interference With Or Neglect, Allen W. Harrell

North Carolina Law Review

No abstract provided.

The Fitting Of The Handcuffs Or A Country Lawyer Looks At Law Reform, Robert T. Donley

West Virginia Law Review

No abstract provided.

The Operation Of The Wage And Hour Law In North Carolina And The South, M. H. Ross

North Carolina Law Review

No abstract provided.

Estate Planning And Powers Of Appointment, Charles L. B. Lowndes

North Carolina Law Review

No abstract provided.

Equity—Specific Performance By Partial Sub-Purchaser Against Original Vendor, Robert Schaus

Buffalo Law Review

George V. Clark Co., Inc. et al v. New York, New Haven & Hartford Ry. Co. et al., __ App. Div __ , 107 N. Y. S. 2nd 721 (1st Dept. 1951).

Use Of The Power Of Eminent Domain By Missouri Electric Cooperatives, The, Charles J. Fain

Missouri Law Review

No abstract provided.

Logical Or Legal Relevancy -- A Conflict In Theory, Herman L. Trautman

Vanderbilt Law Review

Is there a rational theory which serves as a basis for determining the admissibility of circumstantial evidence?

Circumstantial evidence involves the offer in evidence of Fact A for the purpose of having the trier of fact (jury, judge, administrative agency or arbitrator) first believe that Fact A is true, and from it infer the existence or truth of Fact B. Fact B may be one of the ultimate questions of factor propositions raised by the pleadings, or it may be a more remote fact or proposition which when established, again forms the basis for a further inference in the chain …

Requisite Proof Of Basis For Expert Opinion, John M. Maguire, Jefferson E. Hahesy

Vanderbilt Law Review

This article is about the factual foundation of expert opinion evidence. It is tentative, not dogmatic or even confident. It proposes for further consideration by others our effort at more precise shaping of doctrines which have become familiar but remained vague. These doctrines have to do with the degree of stringency which is and ought to be exercised in applying ordinary rules of evidential competency to proof of propositions of fact underlying or related to formulation and announcement of experts' opinions in litigated cases.

Federal Civil Procedure Rule 43(A): A Freak Among The Rules, Thomas F. Green Jr.

Vanderbilt Law Review

Rule 43(a) is an anomaly in the Federal Rules of Civil Procedure.'Attorney General Cummings, the chief sponsor of the enabling act, apparently did not contemplate the inclusion of any rule dealing with the admissibility of evidence. The American Bar Association, which sponsored similar bills before Congress for years, laid much of the groundwork but abandoned the project prior to successful completion. A report of the Association's committee charged with the duty of "pushing" the then current version of the bill stated that the court rules were not to deal with evidence. The broadest expression in the bill which was enacted …

Hospitalizing The Mentally Ill, Henry Weihofen

Michigan Law Review

It is hard for lawyers and doctors to see eye to eye on the fundamental problem of how to eliminate needless legalistic formality in hospitalization procedures and at the same time maintain adequate legal safeguards against error and abuse.

Lawyers are inclined to emphasize the need to guard against "railroading" sane persons into institutions without giving them a chance to prove their sanity. They therefore stress the importance of a fair trial, with adequate notice and a chance to be heard before being deprived of one's liberty. As a special committee of the American Bar Association said a few years …

Political And Religious Differences As Grounds For Divorce… With The Accent On Communism, W. Dean Wagner

Duke Law Journal

No abstract provided.

Insurance-Interpretation Of "Accidental Means" In Double Indemnity Clause, David W. Rowlinson S.Ed.

Michigan Law Review

Insured engaged in a game called "Russian Roulette" in which he removed all but one cartridge from the cylinder of a revolver, spun the cylinder, placed the revolver to his head without ascertaining the position of the cartridge, and pulled the trigger. The revolver fired, killing the insured. The beneficiary of a life insurance policy on his life brought the present action to recover under a provision providing double indemnity for death effected solely through external, violent, and accidental means. The trial court directed a verdict for the insurance company. On appeal, held, affirmed. Such reckless abandon and exposure …

Public Law - Survey Of Illinois Law For The Year 1950-1951, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Discussion Of Recent Decisions, D. J. Ahern, K. Carnahan, W. F. Walsh, D. J. Donovan, H. Fawell

Chicago-Kent Law Review

No abstract provided.

The Racket-Control Laws Of Virginia: A Review, William A. Redfern, Jr., Luther W. White, Iii

Washington and Lee Law Review

No abstract provided.