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Paul A. Leidy, Michigan Law Review Dec 1970

Paul A. Leidy, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Paul A. Leidy


Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin Dec 1970

Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin

Michigan Law Review

It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …


Wrongful Death Damages In Virginia, Donald E. Lee Jr. Dec 1970

Wrongful Death Damages In Virginia, Donald E. Lee Jr.

William & Mary Law Review

No abstract provided.


Partitioning Community Property., E. Lou Curry Dec 1970

Partitioning Community Property., E. Lou Curry

St. Mary's Law Journal

Abstract Forthcoming.


"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham Dec 1970

"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham

Vanderbilt Law Review

It has become almost an article of faith that "fair market value"constitutes the only fair and workable measure of damages for a landowner whose real property has been taken for public use. The courts apply it woodenly;' the magic words are solemnly intoned to jurors, commissioners, and arbitrators. Even the learned scholars in the field give it at least implicit recognition. Moreover, it continues to flourish despite widespread public dissatisfaction with both the substantive test for damages and the procedures through which the land is obtained. The taking of private property for the federal interstate highway and urban renewal programs, …


November 20, 1970, University Of Michigan Law School Nov 1970

November 20, 1970, University Of Michigan Law School

Res Gestae

•Fraser-Borgmann Trial Tuesday •Prof. Martin: Meet the Man •GM- A Campaign Against a Giant •Law Jobs for Freshman •Board Action •Wimphy Golden: A Discrimination Case •Editorial •C.J.S. •Job Meeting Tuesday •Notes from the Underground •Football Poll


Model Of Criminal Process Game Theory And Law , Robert L. Birmingham Nov 1970

Model Of Criminal Process Game Theory And Law , Robert L. Birmingham

Cornell Law Review

No abstract provided.


Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau Nov 1970

Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau

Michigan Law Review

A Review of The Legal Process from a Behavioral Perspective by Stuart S. Nagel


Possible Adaptation Of Public Utility Concepts In The Health Care Field, A. J. G. Priest Oct 1970

Possible Adaptation Of Public Utility Concepts In The Health Care Field, A. J. G. Priest

Law and Contemporary Problems

No abstract provided.


The Unfinished Business Of The Warren Court, Charles L. Black, Jr. Oct 1970

The Unfinished Business Of The Warren Court, Charles L. Black, Jr.

Washington Law Review

The question we should ask of the Warren Court is not whether it succeeded, but whether we want to make it succeed. With the issue thus defined, Professor Black examines the work of the Warren Court, the foundation it has laid in substance and methodology, and the direction future advocacy must take to secure and enlarge upon those foundations. Professor Black compares the Warren Court favorably to the Marshall Court, noting that where the Marshall Court's unique contribution was defining nationhood, the Warren Court's unique contribution was defining citizenship. He urges strong and continuing advocacy to fulfill the Warren Court's …


Davis V. United States: A Victory For Congressional Intent In The Federal Income Laws, James D. Kemper Oct 1970

Davis V. United States: A Victory For Congressional Intent In The Federal Income Laws, James D. Kemper

Indiana Law Journal

No abstract provided.


The Constitutional Rights Of Teachers And Professors, William Van Alstyne Oct 1970

The Constitutional Rights Of Teachers And Professors, William Van Alstyne

Duke Law Journal

No abstract provided.


The Scope Of Employment Under The Federal Insurance Contributions Act: Included And Excluded Service Sep 1970

The Scope Of Employment Under The Federal Insurance Contributions Act: Included And Excluded Service

Washington and Lee Law Review

No abstract provided.


Volume 43, Issue 1 (1970) Aug 1970

Volume 43, Issue 1 (1970)

Obiter Dicta

No abstract provided.


University Of Santa Clara School Of Law 1970-1971, University Of Santa Clara Aug 1970

University Of Santa Clara School Of Law 1970-1971, University Of Santa Clara

Law School Bulletin

No abstract provided.


Effective Representation And Multimember Districts, Michigan Law Review Aug 1970

Effective Representation And Multimember Districts, Michigan Law Review

Michigan Law Review

The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …


Constitutional Law - Right Of Confrontation - Defendant's Conduct As Waiver Of Right To Be Present - Illinois V. Allen, 397 U.S. 337 (1970)., Joseph Anthony Hallock Aug 1970

Constitutional Law - Right Of Confrontation - Defendant's Conduct As Waiver Of Right To Be Present - Illinois V. Allen, 397 U.S. 337 (1970)., Joseph Anthony Hallock

Seton Hall Law Review

No abstract provided.


Lexonomic Analysis Of Rate Regulation, Lee Loevinger Aug 1970

Lexonomic Analysis Of Rate Regulation, Lee Loevinger

Duke Law Journal

No abstract provided.


Barbara Lyon V. Hartford Accident And Indemnity Company V. Yosemite Insurance Company : Brief Of Plaintiff, Respondent And Cross-Appellant, Utah Supreme Court Jul 1970

Barbara Lyon V. Hartford Accident And Indemnity Company V. Yosemite Insurance Company : Brief Of Plaintiff, Respondent And Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a Judgment of the Third District Court in and for Salt Lake C'Ounty, Utah the Honorable Gordon R. Hall, Judge


The Theory And Practice Of International Fishery Development-Management, Wilber M. Chapman Jul 1970

The Theory And Practice Of International Fishery Development-Management, Wilber M. Chapman

San Diego Law Review

The Article takes a glance international organizations and treatises concerning the Law of the Sea. An evaluation of these mechanisms is given and recommendations as to whether they need strengthening in the United Nations.


125th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Jun 1970

125th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

125th University of Notre Dame Commencement and Mass Program


Income Tax Effects On Personal Injury Recoveries, Paul H. Spaht Jun 1970

Income Tax Effects On Personal Injury Recoveries, Paul H. Spaht

Louisiana Law Review

No abstract provided.


Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose Jun 1970

Criminal Responsibility And Competency As Influenced By Organic Disease, Earl F. Rose

Missouri Law Review

It is the purpose of this article to survey legally significant organic diseases that may be contributing factors in criminal conduct or lead to criminal incompetency. An exhaustive cataloging of diseases is not intended, but rather the goal is to create an awareness in the practicing attorney, who finds himself defending an individual of questionable mental stability, of the possible medical theories that may be argued in defending his client. It is hoped that the material presented herein will alert the attorney to the necessity of seeking an expert medical opinion whenever the attorney suspects that his client is suffering …


Securities Regulation: Insurance Policy Endorsement Creating An Indirect Interest In Profit Sharing Held Not A Security Jun 1970

Securities Regulation: Insurance Policy Endorsement Creating An Indirect Interest In Profit Sharing Held Not A Security

Duke Law Journal

No abstract provided.


Philadelphia Plan, James A. Hardgrove Jun 1970

Philadelphia Plan, James A. Hardgrove

Notre Dame Law Review

No abstract provided.


The Effects Of A Twelve Mile Limit For The Territorial Sea, Richard J. Brennan May 1970

The Effects Of A Twelve Mile Limit For The Territorial Sea, Richard J. Brennan

Marine Affairs Theses and Major Papers

A treaty setting the limit of territorial waters at twelve miles will probably be negotiated and accepted by most nations in the near future. In areas not involving straits, this limit will have both beneficial and harmful effects, but it appears to be the best solution that can be achieved. However, in order to ensure that confidence in the free use of the oceans is maintained, the United States should attempt to have included in the treaty a provision for a channel of high seas through international straits. Agreement to such a provision will be difficult to obtain and if …


Wild And Scenic Rivers Act Of 1968, A. Dan Tarlock, Roger Tippy May 1970

Wild And Scenic Rivers Act Of 1968, A. Dan Tarlock, Roger Tippy

Cornell Law Review

No abstract provided.


Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive May 1970

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …


The Bad Debt Reserves Of Financial Institutions, Charles W. Shoeneman May 1970

The Bad Debt Reserves Of Financial Institutions, Charles W. Shoeneman

William & Mary Law Review

No abstract provided.


A Reevaluation Of The Decision Not To Adopt The Unconscionability Provision Of The Uniform Commercial Code In California, Jack Schoellerman May 1970

A Reevaluation Of The Decision Not To Adopt The Unconscionability Provision Of The Uniform Commercial Code In California, Jack Schoellerman

San Diego Law Review

On advice of the appointed fact-finding committee the California Legislature did not adopt the "unconscionability" section of the official version of the Uniform Commercial Code. Many scholars as well as practitioner opposed its adoption, fearing that it would lead to unrestricted and unguided judicial interference in the commercial arena, and believing that it posed serious threats to the "freedom to contract." This position is supported by the obvious fact that "unconscionability" is not defined in the Code, and no specific criteria for evaluating the conscionability of contracts are provided. Yet, despite the controversy and prolonged debate all but two states–California …