Digital Commons Network^™

Some Problems In Special Assessment District Obligations, Irvin Long

Michigan Law Review

The question of the jurisdiction of a board or officer authorized to construct a local improvement and levy special assessments therefor has always been troublesome, and is particularly so when bonds or other obligations are issued in anticipation of the collection of such assessments. A vast amount of litigation has occurred in Michigan in recent years over drain district assessments, and bonds which such districts have issued. While this is of primary interest to Michigan lawyers and investors in public securities, many of the questions involved seem to be of such a general nature, so far as special assessment procedure …

Corporations-Right To Practice Optometry Through Licensed Employees, A. E. Anderson S.Ed.

Michigan Law Review

Defendant, an Oregon corporation engaged in a general optical business, employed in each of its stores a registered optometrist as manager. The optometrists were paid a flat salary and made examinations free of charge, whether eyeglasses were later purchased from defendant or not. The state commenced a proceeding to oust defendant of its corporate franchise on the ground that it was unlawfully engaged in the practice of optometry. The trial court dismissed the proceedings. On appeal, held, reversed. Because of the confidential relationship which exists between practitioner and patient, optometry must be classed as a profession, and it is …

Insurance-Death Of Insured Resulting From Criminal Abortion- Right Of Beneficiary, R. V. Wellman

Michigan Law Review

Insured died as the result of a criminal abortion to which she had voluntarily submitted. The policies issued on her life contained a provision to the effect that no benefits should be payable or recoverable should the insured die as a result of a violation of law. The insurer resisted the action brought by the named beneficiary on the policy on two grounds: (a) The insured's death was caused by her violation of law; (b) Although the stated terms of the policy be held not to exclude the risk of death thus caused, it would be contrary to public policy …

Newell J. Olsen And Newell J. Olsen & Sons V. Roland A. Reese : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

An Examination Of The Tennessee Law Of Administrative Procedure, George Street Boone

Vanderbilt Law Review

The problem of judicial review, which has been considered in some de-tail, seems a fertile field for reform. Without intending to deprecate the ability and conscientiousness of the judiciary of the state, the continued dominance of administrative procedure by this group will effectively prevent the development of an efficient body of administrative servants to discharge the ever increasing functions which are being delegated to them.

Cooperation and mutual respect between the judge and the administrator are the foundation stones upon which any satisfactory system must be con-structed. This requires considerable legislation and an awareness on the part of the judge …

The Employment Security Program (With Special Reference To Tennessee Unemployment Insurance), E.J. Eberling

Vanderbilt Law Review

Employment security was one of the major programs for which provision was made in the Social Security Act of 1935. Under its terms a tax program was instituted which encouraged the states to enact unemployment insurance laws and expand their employment services. The Act imposed a federal tax on the payrolls of subject employers against which such employers were permitted to offset the major part of the taxes which they paid under state unemployment insurance laws. Since employers in states which did not enact appropriate insurance laws were liable for the full federal tax, the states acted speedily to set …

The Inherent Conservatism Of The Legal Profession, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.

Employer's Liability In Hiring Physically Unfit Employee

Indiana Law Journal

Recent Cases: Torts

Cardozo And The Upper-Court Myth, Jerome Frank

Law and Contemporary Problems

No abstract provided.

Cases Noted, Journal Staff

Vanderbilt Law Review

bankruptcy--unclaimed dividends--distribution to creditors who have not been paid in full

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constitutional law--prohibition of practice of naturopathy as a separate branch of the healing arts

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constitutional law--unAmerican activities committee held valid exercise of congressional power

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criminal law--evidence--admission of confession

Vested Rights And The Portal-To-Portal Act, Ray A. Brown

Michigan Law Review

The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.

Evidence-Scope Of The Business Entry Exception To The Hearsay Rule Under Present Statutory Modification, John M. Veale S.Ed.

Michigan Law Review

The business entry exception to the hearsay evidence rule has been prolific of legal literature and litigation. Originally the law regarded all business entries as inadmissible in evidence to prove the truth of the facts recorded. However, at early common law the shopkeeper could not himself testify to the truth of a transaction, since he was an interested party; and if he kept no clerk, or his clerk were unavailable, no one else could so testify. In response to this evidentiary dilemma there appeared a double-barreled exception to the hearsay rule; namely, that business entries by a party (The Shopbook …

Tennessee Judicial Highlights, Journal Staff

Vanderbilt Law Review

CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED

Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?

Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.

Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.

Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.

Elliott v. Fuqua, …

Book Reviews, H. C. Nixon, L. Dale Coffman, George W. Stocking, Victor C. Heck, Constantine G. Belissary

Vanderbilt Law Review

TO SECURE THESE RIGHTS

The Report of the President's Committee on Civil Rights with An Introduction

by Charles S. Wilson, Committee Chairman.

New York: Simon and Schuster, 1947. Pp. xii, 178. $1.00..

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ROSCOE POUND

By Paul Sayre

Iowa City: College of Law Committee

State University of Iowa, 1948. Pp. 412. $4.50.

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A NATIONAL POLICY FOR THE OIL INDUSTRY

By Eugene V. Rostow

New Haven: Yale University Press, 1948. Pp. XVI, 173. $2.50.

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THE TRADE OF NATIONS

By Michael A. Heilperin

New York: Alfred A. Knopf, 1947. Pp. xix, 234. $3.00.

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AMERICA'S ECONOMIC SUPREMACY

By Brooks Adams …

Frank E. Dole V. Salt Lake Laundry And The State Insurance Fund : Applicant's Brief, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

In Claim no. 4999 Before The Industrial Commission of Utah.

Esther O. Kellogg V. California Wester States Life Insurance Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

On appeal from the District Court of the Third Judicial District of the State of Utah, in and for Salt Lake County.

Recent Decisions, William A. Alder, William B. Ball, John F. Bodle, Wm. J. Braunlich

Notre Dame Law Review

Comments on recent decisions by William A. Alder, William B. Ball, John F. Bodle, Wm. J. Braunlich, Jr., James A. Cassidy, John J. Cauley, F. J. Coufal, Louis F. Di Giovanni, George B. Kashmer, Robert D. Londergan, James W. Oberfell, Robert S. Olivier, William V. Phelan, John G. Smith, E. A. Steffen, Jr., Edward L. Twohey, and Robert R. Uhl.

Insurance As Commerce--After Four Years, Pat Mccarran

Notre Dame Law Review

No abstract provided.

Contributors To The March Issue/Notes, Thomas F. Broden, Robert F. Burns, F. H. Hicks, John H. O'Hara

Notre Dame Law Review

Notes by Thomas F. Broden, Robert F. Burns, F. H. Hicks, John H. O'Hara, and Joseph V. Wilcox.

Book Reviews, John J. Broderick, Clarence Manion, William F. Roemer, Edward F. Barrett

Notre Dame Law Review

No abstract provided.

Recent Developments In Double Indemnity Law , John G. Kelly

Cornell Law Review

No abstract provided.

The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith

Michigan Law Review

Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …

Contracts--Consideration-Performance Of One Alternatlve When There Is Dispute As To Which Is Owed, L. B. Lea

Michigan Law Review

Defendant issued a membership certificate to one Flowers providing for payment of $5000 in case of accidental death or $500 in case of death due to heart disease. Later Flowers was injured in an automobile accident and died an hour afterward. The beneficiary submitted proofs of loss, including a statement of a physician that death was caused by "coronary thrombosis. Shock from auto accident about one hour before death." Defendant sent to the beneficiary a draft for $500 clearly stating on its face that the endorsement of the check would be a settlement in full. After cashing the check, the …

Gray: Law And The Practice Of Medicine, Michigan Law Review

Michigan Law Review

A Review of LAW AND THE PRACTICE OF MEDICINE. By Kenneth George Gray.

An Act Providing For The Per Capita Payment Of Certain Moneys Appropriated In Settlement Of Certain Claims Of The Indians Of The Fort Berthold Indian Reservation In North Dakota, United States Congress

US Government Documents Related to Indigenous Nations

This act, dated February 28, 1948, also known as United States (US) Public Law 80-424, directs the US Secretary of the Interior to withdraw $300,000 from the US Treasury, "out of the balance of the principal and interest of the amount appropriated in settlement of certain claims of such Indians pursuant to the last paragraph preceding the heading "Miscellaneous Indian Tribal Funds", in the first section of the Interior Department Appropriation Act,1947, remaining after the fees and expenses authorized by such para-graph to be paid from such appropriation shall have been paid or.provided for."

The money is to be distributed …

"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker

Washington Law Review

This is a criticism of the decision of the Supreme Court of Washington in the case of State vs. Maish. The opinion states that "appellant was accorded a fair trial in every respect, that the trial court committed no error in refusing to give the requested instruction, and that judgment and sentence of the trial court must be, and it is, affirmed." Reference is made to the above decision in detail, the instruction referred to was one requested by the defendant and refused by the trial court. It follows: "You are instructed that if you believe from the evidence that …

Quasi-Contracts-Concept Of Benefit, George A. Rinker S.Ed.

Michigan Law Review

One of the basic elements of quasi-contract, and probably the most complex, is the concept of benefit. Its origin lies in the early actions to recover for unjust enrichment, and the early characteristics, for the most part, have persisted to the present time. While "enrichment" is no longer an accurate synonym for benefit, as it once was, the qualitative "unjust" still retains its vigor. Thus, "unjustified benefit" is a more accurate name for the concept. As used in quasi-contract and related fields of law, the concept is composed of several factors, no one of which can be considered as invariable. …

The Violation Of A Municipal Ordinance As A Crime, Stanley D. Rose

Vanderbilt Law Review

The county of Winnebago passed such an ordinance and McDonald was charged with a violation of it. McDonald demanded a jury, and Judge Schniege of the municipal court ordered it. Because no provision for a jury trial was in the ordinance, Keefe, the county district attorney, petitioned the circuit court for a writ of prohibition to prevent the enforcement of the municipal court's order for a jury trial. The circuit court denied the petition. On appeal, the supreme court reversed this denial. Judge Fairchild based his decision on the following chain of reasoning:

1. The power to define crimes is …

To What Extent Does The Privilege Against Self-Incrimination Protect An Accused From Physical Disclosures, Mary E. Mann, Thomas A. Thomas

Vanderbilt Law Review

The Federal Government and forty-six states have incorporated within their constitutions the common law privilege against self-incrimination. Iowa and New Jersey, the two exceptions, have accepted the privilege, either by incorporation into their common law by judicial interpretation, or by statute. Originally, this universal acceptance was an outgrowth of the thumb-screw and rack days of the star chamber in England, and the protection from physical torture by officers of the law to extract confessions was deemed such a fundamental right' as to warrant constitutional safeguards. However, since its adoption in this country, authorities both in and outside of the legal …

Tva: A Democratic Method For The Development Of A Region's Resources, Gordon R. Clapp

Vanderbilt Law Review

The world is searching for better and more efficient ways to use natural resources without loss of individual freedom or the destruction or negation of the initiative and energies of individuals. The Tennessee Valley is demonstrating that this can be done; that the people--farmers, workers, businessmen and citizens generally-- can mobilize their energies around the use of a great river and the more productive development of the forests and the minerals and the soil. The people of this Valley have proved that as they do these things agriculture and industry thrive and diversify and the individual finds greater freedom of …