Digital Commons Network^™

Oil And Gas Interests In New York Statutory Conflicts , Parker Bailey

Cornell Law Review

No abstract provided.

Federal Rules Of Civil Procedure Interpreted , Carl C. Wheaton

Cornell Law Review

No abstract provided.

94th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

94th University of Notre Dame Commencement Program

Summer

A Footnote On Dangerous Animals, Mary Coate Mcneely

Michigan Law Review

Much has been said and written by courts and authors on different aspects of the question of liability for injuries by animals, but there remains the task of fitting all these pieces into a complete pattern. The general subject of liability of the possessor of harm-producing animals has been treated on two separate and independent theories: (1) trespass, for injuries by marauding cattle; (2) case, for harms caused by animals other than trespassing cattle. The explanation for the separation of these two bodies of law is in part historical, the possessor of straying cattle being historically so identified with them …

Legal Protection Of Ideas, James C. Logan

Missouri Law Review

No abstract provided.

Pre-Copyright Rights, Carl W. Doozan

Notre Dame Law Review

No abstract provided.

Contributors To The May Issue/Notes, Edward Francis O'Malley, David A. Gelber, Frank J. Lanigan

Notre Dame Law Review

No abstract provided.

Taxation - Income Tax - Improvements Made By Lessee As Income To Lessor, Ralph E. Helper

Michigan Law Review

The recent decision of the Supreme Court of the United States in M. E. Blatt Co. v. United States has fairly settled the conflict that has ranged for over twenty years between the Commissioner of Internal Revenue and the Board of Tax Appeals on one side, and the courts on the other. The commissioner's contention that improvements made by a lessee should be taxed as income to the lessor was denied, and by dictum the Court approved the reasoning of Judge Learned Hand in Hewitt Realty Co. v. Commissioner, wherein he said that the judicial concept of "income" did …

Constitutional Law - State Regulation Of Business - Theaters, F. S.

Louisiana Law Review

No abstract provided.

Federal Rules Of Civil Procedure - Diversity Of Citizenship - Third Party Practice, R. K.

Louisiana Law Review

No abstract provided.

Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser

Michigan Law Review

It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …

Volume 12, Issue 5 (1939)

Obiter Dicta

No abstract provided.

Principal And Agent - Extent To Which An Agent May Testify As To The Existence Of The Agency, Arthur A. Greene Jr.

Michigan Law Review

The legal concept that opinions of lay witnesses are not admissible evidence is of comparatively recent origin, and a matter of historical accident. The theory underlying the exclusion of opinions of laymen is not one of qualification, but of policy. If the witness testifies as to the facts, his opinion or inference is superfluous, as it is the function of the jury to draw the inferences. The testimony of the agent to the existence of the agency relation is limited by this general rule. It is the purpose of this discussion to determine the line of demarcation between opinion and …

Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin

Michigan Law Review

Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …

The Measure Of Recovery In Actions For The Infringement Of Copyright, Julian Caplan

Michigan Law Review

Since the present federal copyright statute was enacted in 1909, and especially quite recently, there have been repeated attempts at drastic modification of the law. Certain groups contend that the present statutory provisions are not of sufficient protection to the copyright proprietor, whereas other groups contend that the extent of the protection is entirely unwarranted. One of the chief phases of controversy has involved the measure of recovery in suits for infringement. The issue is of fundamental importance, since the measure of damages determines to a large extent how effective the other provisions of the statute will be. Whether, under …

Constitutional Law - Validity Of Sex Offender Acts, William K. Jackson

Michigan Law Review

The sex offender has become an acute problem. Sociologists, psychiatrists, and lawyers sensing the imperative need for action have devoted much time and thought to the questions involved. Experience has shown that the sex offender is generally a recidivist; he has to be arrested and committed repeatedly for the same type of crimes. The point is graphically illustrated by the case of a man, fifty-nine years of age, arrested recently in Detroit for a sex offense involving a youth. An examination of his record showed that he had been arrested in 1899, when twenty-one years of age, on charges involving …

Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher

Michigan Law Review

Defendants' intestate, who owned large interests in two lime companies operating in Washington and California, entered into a contract for the sale of a tract of land to plaintiff's predecessor in title. The contract contained a restrictive covenant to the effect that the grantee, or those claiming under him, would not use any of the limerock in said land for the purpose of making lime. Subsequently the grantor died, and the conveyance and execution of a deed, which included within its provisions the restrictive covenant, were made by the administrator of grantor's estate, pursuant to court order. Plaintiff brought an …

Recent Decision, Stewart J. Roche

Notre Dame Law Review

No abstract provided.

Criminal Law - Bank Night As A Lottery, John A. Callahan

Marquette Law Review

No abstract provided.

Public Utilities: The Influence Of Nebbia V. People On State Regulation, John B. Breckinridge

Kentucky Law Journal

No abstract provided.

A Study Of The Judicial Attitude Toward Trade Unions And Labor Legislation, J.Louis Warm

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Legislative Crimes, Newman F. Baker

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Attorney And Client - Champerty, James F. Hackett

Marquette Law Review

No abstract provided.

English Legal Practice: Its Applicability To America, Geoffrey May, Basil H. Pollitt

Kentucky Law Journal

No abstract provided.

Radio Broadcasting As An Infringement Of A Copyright, Steven L. Bladek

Kentucky Law Journal

No abstract provided.

Some Unusual Aspects Of Mental Irresponsibility In The Criminal Law, Frederick Woodbridge

Journal of Criminal Law and Criminology

No abstract provided.

Juvenile Delinquency Under The Soviets, Nathan Berman

Journal of Criminal Law and Criminology

No abstract provided.

The Effect Of Mechanic's Liens On The Reversionary Interest Of Landlords

Fordham Law Review

No abstract provided.

Coercion Of Third Parties In Labor Disputes--The Secondary Boycott, J. Denson Smith

Louisiana Law Review

No abstract provided.

Administrative Rule-Making And The Courts, Eugene J. Keefe

Fordham Law Review

No abstract provided.