Digital Commons Network^™

Notes And Comments, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Constitutional Law -- Due Process -- Admissibility Of Evidence In State Courts Obtained By Invasion Of Bodily Integrity, John T. Allred

North Carolina Law Review

No abstract provided.

Alcoholism And The Law, Melvin L. Selzer

Michigan Law Review

The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.

Commercial Restrictions In English Law, Edward A. Morrison

Vanderbilt Law Review

With the passing of the Restrictive Trade Practices Act, 1956, the English statute book is now furnished with a set of enactments, comprising this Act and the Monopolies Acts 1948 and 1953, which are comparable to the anti-trust legislation of the United States. The English statutes present marked dissimilarities to their American counterparts both in aim and method. In order to understand them it is necessary to consider certain divergences of emphasis on the part of English and American judges on the common law rules in which the legislation of the two countries alike is embedded, and certain aspects of …

Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich

Michigan Law Review

Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

The Lawyer's Role Before Litigation, Lee Loevinger

Vanderbilt Law Review

A lawyer is consulted regarding antitrust aspects of proposed business activities; or regarding the possibility that his client may have a cause of action under some antitrust law. What is his role at this stage? What are his responsibilities? Would these be substantially different if the client's problems had no antitrust element?

The system of formulating legal principles and studying and teaching law on the basis of the decisions of litigated cases has one serious shortcoming, at least, in its tendency to obscure the dual role of the lawyer: first as counsel, and second as advocate. Both lawyers and laymen …

The Juvenile Court Law Of Washington: Its History And Basic Considerations For Its Revision, Van R. Hinkle

Washington Law Review

Although the Juvenile Court is considered a 20th-century development, the middle of the 19th century saw the establishment in several eastern states of private hearings in cases involving children and the creation of special reform schools for juveniles. This action marked the first formalized recognition of the need for specialized procedures whereby the Anglo-Saxon judicial tradition of affording special protection to children might be continued.

The Medical Witness (Film Review), William J. Curran

Indiana Law Journal

No abstract provided.

Ignorance And Mistake In Criminal Law, Jerome Hall

Indiana Law Journal

No abstract provided.

Intentional Torts And The Restatement: A Petition For Rehearing, Philip Halpern

Buffalo Law Review

No abstract provided.

New Approaches In The Teaching Of Collective Bargaining, Herbert L. Sherman Jr.

Journal of Legal Education

No abstract provided.

112th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

112th University of Notre Dame Commencement and Mass Program

Summer

Theology And Jurisprudence, Samuel E. Stumpf

Vanderbilt Law Review

Our era is one in which the law plays a far more important role than at any other time in history, for the law has insinuated itself into the control of almost every facet of man's life. If it was true over a century ago, as Chief Justice Marshall said, that "the judicial department comes home in its effects to every man's fireside; it passes on his property, his reputation, his life, his all,"' it is even more true today as the law has continued to proliferate its influence over an ever-widening range of human conduct. But it is precisely …

Introduction: Law, Christianity And The University, Wilber G. Katz

Vanderbilt Law Review

Demand for exploration of the relations between Christianity and law comes both from theologians and from members of the legal profession--practicing lawyers, judges, legislators and scholars. Among theologians, the demand reflects the concern of the Church for man's work and the desire to relate Christian teaching to the problems of the various professions. Among lawyers the demand reflects dissatisfaction with purely secular analyses of the functions and problems of the law and hope for profounder understanding in the light of Christian doctrine.

Within the university this effort is not merely the concern of the schools of law and theology. One …

In Re: Dwight L. King : Brief Of Petitioner, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.

Administration Of The Criminal Sexual Psychopath Statute In Indiana, Elias S. Cohen

Indiana Law Journal

No abstract provided.

Criminal Law—Felony Murder Rule—Responsibility For Death Of Fellow Arsonist, Edward W. Borer

Montana Law Review

Criminal Law—Felony Murder Rule—Responsibility for Death of Fellow Arsonist (State v. Morran, Mont. 1957)

Constitutional Law—Due Process—Psychologically Coerced Confession, Charles C. Lovell

Montana Law Review

Constitutional Law—Due Process—Psychologically Coerced Confession (Fikes v. Alabama, U.S. 1957)

Recent Cases

South Carolina Law Review

No abstract provided.

Mary Gilchrist Curry V. H. Donald Curry And Shell Oil Co. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the District Court of the 2nd Judicial District, Davis County, State of Utah, Honorable John M. Wahlquist, Judge.

The Effect Of Legal Education On Attitudes, Leonard D. Eron, Robert S. Redmount

Journal of Legal Education

No abstract provided.

Jursiprudence In The Teaching Of Torts, Thomas A. Cowan

Journal of Legal Education

No abstract provided.

The Jury System In Louisiana Criminal Law, Ralph Slovenko

Louisiana Law Review

No abstract provided.

Law And Power, Paul Sayre

Louisiana Law Review

No abstract provided.

The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux

Vanderbilt Law Review

The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …

Damages -- Recovery For Mental Suffering From Breach Of Contract, John F. Chmiel

Notre Dame Law Review

No abstract provided.

Recent Decisions, Daniel W. Hammer, John E. Kennedy, William J. Harte, Patrick F. Mccartan

Notre Dame Law Review

Comments on recent decisions by Daniel W. Hammer, John E. Kennedy, William J. Harte, Patrick F. McCartan, William D. Bailey, Jr., Donald L. Very, William C. Rindone, Jr., and Eugene F. Waye.

Personnel File Of Fr. David A. Holley, Hall & Monagle, Llc

Records related to Fr. David A. Holley

No abstract provided.

Statutory Innovation In The Obscenity Field, June A. Murray

Buffalo Law Review

Brown v. Kingsley Books, 1 N. Y. 2d 179, 186, 134 N. E. 2d 461, (1956).