Digital Commons Network^™

Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie

Faculty Scholarship

No abstract provided.

Ehrenzweig And The Statute Of Frauds: An Inquiry Into The Rule Of Validation, Brainerd Currie

Faculty Scholarship

No abstract provided.

Unification Of The Civil And Admiralty Rules: Why And How, Brainerd Currie

Faculty Scholarship

No abstract provided.

Administrative Law-Internal Revenue Code-Proof Required To Open A "Closed Year," United States V. Powell, Robert J. Desiderio

Faculty Scholarship

No abstract provided.

Secured Transactions-After Acquired Property Clause-Priority To "Equipment Under The Uniform Commercial Code," United States V. Baptist Golden Age Home, Robert J. Desiderio

Faculty Scholarship

No abstract provided.

(Case Note) “Constitutional Law - Legislative Freedom Of Speech - Constitutional Privilege Available To Congressman Charged With Bribery, Michael W. Martin

Faculty Scholarship

No abstract provided.

A General Theory Of State-Court Jurisdiction, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Impact Of The Uniform Commercial Code On Products Liability Law, Frederick M. Hart

Faculty Scholarship

A recent article warns that the adoption of the Uniform Commercial Code "has altered many of the traditional notions of products liability, as it had been delineated under the Uniform Sales Act," 10 PRAC. LAW. 49 (1964). Such undue alarmism is apparently designed to inflate the value of those who have a little bit of Code information by scaring the harried and hurried lawyer who has not yet found the time to study this legislation in depth. The statement is simply not true. It is doubtful whether any provision in the warranty sections of the Code does not find substantial …

From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht

Faculty Scholarship

On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …

Volksgeist And A Piece Of Sulphur, Frank W. Elliott

Faculty Scholarship

Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …

Developments In The Regulation Of The Close Corporation, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Contracts (1964), Frederick M. Hart

Faculty Scholarship

§6.1. Covenants not to compete. In the 1961 ANNUAL SURVEY, attention was called to the large number of cases involving covenants not to compete.1 In that year most of the litigation pitted employer against employee.2 During the 1964 SURVEY year two cases in which the buyer of a business attempted to enforce a covenant not to compete are worth noting. A third case,a decided in 1962, is also included as it provides the necessary background for one of this year's decisions.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

Faculty Scholarship

No abstract provided.

In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart

Faculty Scholarship

During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …

Contracts (1963), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensive comment. This conclusion probably reflects an approval of the manner in which the Supreme .Judicial Court handled the many issues presented by litigants. In reviewing a year's judicial production, it is easier to get excited about a decision that one disapproves. One trend is worthy of note. From the cases discussed in this and other chapters, it is apparent that the Court is becoming more sophisticated in its understanding and use of the Uniform Commercial Code.

American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Acts Barring Property Rights, W. Bryan Bolich

Faculty Scholarship

No abstract provided.

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

The Early Evolution Of The Common Law Writs: A Sketch, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Death, The State, And The Insane: Stay Of Execution, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …

Commercial Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Reconstructing The Roman Law Of Real Security , Roger J. Goebel

Faculty Scholarship

The essential idea of real security is that the debtor transfer to the creditor a possessory interest in a specific item or aggregate of property, chattel or realty, to serve as security for the loan. There are four possible generic types: (1) the debtor vests both ownership and possession of the property in the creditor, subject to a personal obligation to reconvey on repayment; (2) the debtor vests ownership in the creditor, but retains possession of the property by leave of the creditor; (3) the debtor retains ownership of the property, but grants possession irrevocably to the creditor until repayment …

Indispensable Party: The Historical Origin Of A Procedural Phantom, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Testimony By A Judge Or Juror, Frederick M. Hart

Faculty Scholarship

Although the early history of the jurata shows it to have been chosen from among those who were familiar with the controversy and parties before the court, it has long been recognized that the better system attempts to obtain jurors and judges who have no prior knowledge of the dispute to be tried. In furtherance of this policy the voir dire exists to eliminate unwanted jurymen and similar devices have been established to provide for the disqualification of judges. In spite of these protections, the situation still occasionally arises where it is discovered after a trial has begun that the …