Digital Commons Network^™

Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyme

Vanderbilt Law Review

As creatures of the states, our municipalities occupy a unique position in our governmental scheme. Not endowed with sovereignty, the municipality possesses no inherent powers, and can only do that which is authorized by the state.' The exercise of local powers, therefore, becomes the exercise of those powers which have been conferred upon it by state legislative action. Possible exceptions to this are those states in which "home rule" has been constitutionally conferred upon municipalities, by which authority to form local governments and to administer municipal affairs in the manner desired by the local electorate prevails. In view of the …

The Interpretation Of Statutes In Modern British Law, W. Friedmann

Vanderbilt Law Review

Mr. Justice Frankfurter recently said that the number of cases coming before the Supreme Court of the United States which were not based on statutes was "reduced almost to zero." This growth of statutory as against pure case law is, of course, not confined to the United States. It inevitably accompanies the social welfare state and the increase in government which every modern industrial society has experienced and which two world wars, with their need for the total mobilization of resources, have further stimulated. Apart from these sociological factors which affect states with the most different legal systems, it is …

Tort Liability Of Oil Companies For Acts Of Service Station Operators, William T. Gamble

Vanderbilt Law Review

Since the advent of the automobile, travel by motor vehicle has been ever-increasingly prevalent, and consumption of gasoline in the large amounts so required' has necessitated the existence of a great number of retail service stations. For various reasons the major producers of petroleum products have thought it desirable to retain some connection with the distribution of their products until those products pass to the hands of consumers, and consequently nearly all such major producers have established extensive systems of retail outlets which sell only that producer's products and under its exclusive trade names. Because of the great number of …

The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau

Michigan Law Review

The rule of clear and present danger originated in 1919 in an attempt by Mr. Justice Holmes to formulate a principle for the limitation of liberty with a conscious, intelligent weighing of the opposed societal interests. In the Schenck case, the societal and individual interest in freedom of expression clashed with the societal interest in defense of the state. In conflicts of this kind the criterion has had its most frequent application. The societal interest in preservation of the state was adequately protected by application of the test in prosecutions arising under the Espionage Act of 1917, although Mr. Justice …

Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos

Journal of Legal Education

No abstract provided.

Erickson V. Walgreen Drug Co. And The Salisbury Investment Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the Third Judicial District, in and for Salt Lake County, State of Utah. Judge A. H. Ellett.

Leah C. Jones, Martha C. Whiting And Louise C. Beeton V. Mark B. Cook : Brief Of Respondent On Appeal, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appealed from the Fourth Judicial District Court, In and for Utah County, State of Utah. Wm. Stanley Dunford, Judge.

Jess Beutler V. Dewain Berger : 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. Hon. Lewis Jones, Judge.

Marilyn Bingham And Jack T. Bingham V. Board Of Education Of Ogden City : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Book Reviews, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Recent Illinois Decisions, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Application Of Anti-Trust Legislation To Labor Unions--Past, Present, And Proposed, Edward H. Miller, John B. Huffaker

South Carolina Law Review

No abstract provided.

Justice Rutledge On State Taxation Of Interstate Commerce, Landon G. Rockwell

Cornell Law Review

No abstract provided.

Symposium Of Juvenile Delinquency , Ralph S. Banay

Cornell Law Review

No abstract provided.

The Proposed New Uniform Sales Act, John Barker Waite

Michigan Law Review

A complete Uniform Commercial Code has been formulated by committees acting under joint auspices of the American Law Institute and the National Conference of Commissioners on Uniform State Laws. While the Code is apparently not yet ready for presentation to state legislatures for enactment, it has been offered to the public for discussion of its merits. Its scope is comprehensive. As now tentatively proposed, it comprises presumably complete statutes covering Sales, Commercial Paper, Letters of Credit, Foreign Banking, Documents of Title, Secured Transactions, Investment Securities. If adopted it would displace the present Uniform Sales Act, the Uniform Negotiable Instruments Act, …

Recent Decisions, John F. Mendoza, William J. Verdonk, William G. Greif, James L. O'Brien

Notre Dame Law Review

Comments on recent decisions by John F. Mendoza, William J. Verdonk, William G. Greif, James L. O'Brien, F. Richard Kramer, Louis Albert Hafner, Peter F. Flaherty, Wilmer L. McLaughlin, Louis F. DiGiovanni, Vincent C. A. Scully, Bernard L. Weddel, and William B. Wombacher.

The Fair Labor Standards Amendments Of 1949-Overtime Compensation, William C. Soule

North Carolina Law Review

No abstract provided.

Taxation -- Income -- Family Partnerships, Hubert B. Humphrey Jr.

North Carolina Law Review

No abstract provided.

Tort Actions For Injuries To Unborn Infants, William T. Gamble

Vanderbilt Law Review

Recently two American courts have recognized a right of infants to recover for prenatal injuries. In so meeting the challenge of the common law that "for every wrong there is a remedy" they have taken a step which no other court of final jurisdiction has taken on the strength of the common law alone...

That an infant "en ventre sa mere" is a distinct entity is a scientific, common sense, legally recognized fact. That this entity may suffer prenatal injuries and carry those injuries into postnatal life is well known. That in many cases adequate proof of causal relation could …

Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.

Michigan Law Review

An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …

State Of Utah V. Joe Petralia : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Hillsborough County Zoning Regulations January 3, 1950 With Amendments July 21, 1950 And August 31, 1952, Board Of County Commissioners Of Hillsborough County, Florida

City and Regional Planning -- Florida

Zoning Regulations for Housing, Industrial, and Commercial use

Survey Of The Trial Courts Of The North Dakota Judicial System, Keith W. Blinn

North Dakota Law Review

No abstract provided.

William C. Robinson And The Early Years Of The Catholic University Of America, Frederick H. Jackson

Miscellaneous Historical Documents

This article discusses the first Dean of the Law School and the beginning of the School of Law.

Proof Of Facts Of Family History, William G. Hale

UC Law Journal

No abstract provided.

Book Review. Local Government By Jefferson B. Fordham, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Overexertion As Accidental Death Permitting Recovery Of Double Indemnity Benefits Under An Insurance Policy—A "Serbonian Bog"?, Howard A. Lawrence

Fordham Law Review

No abstract provided.

Administrative Agencies; Also Some Minnesota And Wisconsin Comparisons, George Cahill

Marquette Law Review

No abstract provided.

Lawyer Reference Plan, Reginald Herber Smith

Marquette Law Review

No abstract provided.

The Wisconsin Idea In Administrative Law, Kenneth K. Luce

Marquette Law Review

No abstract provided.