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Articles 178381 - 178410 of 183431
Full-Text Articles in Entire DC Network
Some Trustees Are Amateurs, John Sherman Myers
Some Trustees Are Amateurs, John Sherman Myers
Mercer Law Review
There are many individuals w ho have undertaken to act in a fiduciary capacity, as trustee, executor, guardian or otherwise, without full realization that the obligations imposed upon them by law may result in substantial personal liability, even though every act has been in complete good faith and in an honest effort to perform, conscientiously and efficiently, the duties undertaken.
The Tax Consequences Of Family Parnerships, T. Baldwin Martin Jr.
The Tax Consequences Of Family Parnerships, T. Baldwin Martin Jr.
Mercer Law Review
The elements of family intimacy and tax reduction, which present themselves conveniently in the common law concepts of gifts, assignments, and trusts, have proven to be danger signs which herald the scrutiny of the Bureau of Internal Revenue and forecast probable tax disaster for the taxpayer. Normally and unavoidably, family partnerships have come to be categorized with these concepts, and the Bureau, in its efforts to protect the revenue, would, with the assistance of the Tax Court, thwart the effectiveness of these business units in a manner similar to the treatment accorded to the aforementioned concepts.
Blood Will Tell, Jule B. Greene
Blood Will Tell, Jule B. Greene
Mercer Law Review
One of the most vexing problems which has confronted the legal world is the accurate determination of parentage. This problem arises frequently in actions for non-support, in bastardy and probate proceedings and in prosecutions for fornication, rape and seduction.
Can Administrative Handling Of Labor Problems Bring Industrial Peace?, E. Kontz Bennett
Can Administrative Handling Of Labor Problems Bring Industrial Peace?, E. Kontz Bennett
Mercer Law Review
The American bar has frequently criticized the everincreasing use of administrative agencies to handle legal problems. On the other hand, the bar itself has frequently been criticized by the lay public for its failure to expand legal machinery and legal concepts so as to meet a rapidly changing world. The bar, known for its ability to appraise honestly its own shortcomings, has often posed this question: "Would the administrative agencies be so frequently and consistently set up by law-making bodies if they did not supply a real need?"
Position Of Labor In Georgia, J. Carlton Ivey
Position Of Labor In Georgia, J. Carlton Ivey
Mercer Law Review
Georgia has no uniform system of laws pertaining to industrial relations. The statutes which have been passed are designed primarily to serve a threefold purpose-to guarantee to the individual employee the fullest freedom in exercising his right to work, to protect the rights of employers in any lawful business, and to maintain peace and order in industrial disputes. The state laws, as a whole, follow a public policy somewhat resembling the doctrine of laissez-faire, with the scales tipped definitely in favor of the employer. There are no state laws patterned after the National Labor Relations Act, the Federal Anti-Injunction Act …
Private Laws Of Western Civilization: Part Iv. Civil Law And Common Law, Ernst Rabel
Private Laws Of Western Civilization: Part Iv. Civil Law And Common Law, Ernst Rabel
Louisiana Law Review
No abstract provided.
Restitution Under The Statute Of Frauds: What Constitutes An Unjust Retention, Lindsey R. Jeanblanc
Restitution Under The Statute Of Frauds: What Constitutes An Unjust Retention, Lindsey R. Jeanblanc
Michigan Law Review
In order to recover in restitution the plaintiff must establish, first, that a legal benefit was conferred upon the defendant and, second, that the retention of that benefit was unjust. The problem of determining what constitutes a legal benefit in the cases of restitution under the statute of frauds is discussed in another article. The purpose of this article is to examine what does or does not constitute an unjust retention in such cases, including some of the grounds on which the defendant may successfully contend that his retention of a benefit is not unjust.
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Michigan Law Review
Since municipalities are frequently indebted to the permissible extent of the constitutional, statutory, and charter debt limitations, they are constantly seeking methods of finance which avoid the debt limits. Three devices have received judicial sanction. First: Where a separate and distinct. corporation such as a school or drain district has been created it may operate with a separate debt limit over the same territory as the governing municipality. Second: Where the project to be financed is income-producing, the financing bond issue, if made self-liquidating, will not Gome within the debt limitations. Although incorporated authorities have been extensively used to administer …
Ruth Elizabeth Holt Craven V. Kenneth D. Craven : Brief Of Respondent, Utah Supreme Court
Ruth Elizabeth Holt Craven V. Kenneth D. Craven : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (cases filed before 1965)
No abstract provided.
Lethea R. Fredrickson V. Dr. E. B. Maw And Dr. Floyd F. Hatch Et Al : Brief Of Appellants, Utah Supreme Court
Lethea R. Fredrickson V. Dr. E. B. Maw And Dr. Floyd F. Hatch Et Al : Brief Of Appellants, Utah Supreme Court
Utah Supreme Court Briefs (cases filed before 1965)
No abstract provided.
Mamie Ure Baker V. Richard Mills Baker : Brief Of Respondent, Utah Supreme Court
Mamie Ure Baker V. Richard Mills Baker : Brief Of Respondent, Utah Supreme Court
Utah Supreme Court Briefs (cases filed before 1965)
No abstract provided.
Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf
Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf
Translated Opinions
A Civil Court in Paris granted a decree of divorce to the petitioner and second respondent (being respectively the wife and the husband), who were French nationals domiciled in France, and declared that the petitioner was entitled to the custody of the children, a girl aged seven years and a boy aged four and a half years at the time of the application, but ordered that the second respondent have access to them at stated times. On one of these occasions the second respondent smuggled the children out of France and brought them to Israel, where they were living with …
Maud D. Coon And Joseph Coon V. Utah Construction Company : Brief Of Appellants, Utah Supreme Court
Maud D. Coon And Joseph Coon V. Utah Construction Company : Brief Of Appellants, Utah Supreme Court
Utah Supreme Court Briefs (cases filed before 1965)
No abstract provided.
Advisability Of Withholding Decision In Federal Court Pending State Court's Interpretation Of Unsettled State Law
Indiana Law Journal
Federal Jurisdiction Note
Constitutional Limitation On Indebtedness
The Indiana Annexation Act Of 1949
Certificate Of Title As Notice Of Liens Upon Motor Vehicles
Certificate Of Title As Notice Of Liens Upon Motor Vehicles
Indiana Law Journal
Securities Note
Public Organization Of Electric Power, By John Bauer And Peter Costello, Irston R. Barnes
Public Organization Of Electric Power, By John Bauer And Peter Costello, Irston R. Barnes
Indiana Law Journal
No abstract provided.
The Case Of General Yamashita, By A. Frank Reel, Edward H. Buehrig
The Case Of General Yamashita, By A. Frank Reel, Edward H. Buehrig
Indiana Law Journal
No abstract provided.
Devon Patrick Hardcastle V. Nelson Hardcastle And Ordell Hardcastle : Brief Of Respondents, Utah Supreme Court
Devon Patrick Hardcastle V. Nelson Hardcastle And Ordell Hardcastle : Brief Of Respondents, Utah Supreme Court
Utah Supreme Court Briefs (cases filed before 1965)
No abstract provided.
Damages -- Mental Anguish -- Action Arising Out Of Contract, Charles E. Knox
Damages -- Mental Anguish -- Action Arising Out Of Contract, Charles E. Knox
North Carolina Law Review
No abstract provided.
Domestic Relations -- Custody Of Child -- Rights Of Natural Parent, Roddey M. Ligon Jr.
Domestic Relations -- Custody Of Child -- Rights Of Natural Parent, Roddey M. Ligon Jr.
North Carolina Law Review
No abstract provided.
The Politics Of Basing Point Legislation, Earl Latham
The Politics Of Basing Point Legislation, Earl Latham
Law and Contemporary Problems
No abstract provided.
Mr. Justice Murphy, Hugo L. Black
Mr. Justice Murphy, Hugo L. Black
Michigan Law Review
Frank Murphy's extensive public service is discussed by others in this issue. I write of him as an associate, and as a friend. Our friendship began when we first met in 1936, and grew stronger with the years. No one associated with him could fail to be attracted by his human warmth and his passion for justice.
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
Michigan Law Review
When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, prece- dent-mindedness, love of technical niceties-all play their part in halting procedural improvement. So does, even more, …
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Vanderbilt Law Review
There has been recent discussion of abandoning the literal meaning rule and most of the other rules of statutory construction. A broader principle is favored which will allow the full play of the rational processes of the court. This view has great appeal, and, in terms of freeing judges who apply rules as rules without regard to their object, serves a need. But if it means a sudden release of the judiciary from always starting with a statute as it reads--as it is written--as it has meaning for most of us--it is a harmful suggestion. Law is something more than …
Some Statutory Construction Problems And Approaches In Criminal Law, James C. Quarles
Some Statutory Construction Problems And Approaches In Criminal Law, James C. Quarles
Vanderbilt Law Review
Statutory construction and interpretation, important in every field of law, is vital in a field containing a large number of legislative acts and a considerable body of appellate court decisions construing them. For this reason alone, statutory construction problems are particularly significant in criminal law. Many American jurisdictions punish no activity other than that expressly declared criminal by statute.' The Federal Government, which of course punishes no crimes except those defined by Congress, has contributed to this growth of the criminal law through the imposition of many duties and the proscription of various activities relating to the collection of revenue, …