Digital Commons Network^™

Commercial Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Election, Dissent And Renunciation, W. Bryan Bolich

Faculty Scholarship

No abstract provided.

Constructive Trust And Equitable Lien: Status Of The Conscious And The Innocent Wrongdoer In Equity, Henry P. Monaghan

Faculty Scholarship

The field of restitution, broadly considered, involves all those situations in which a person who holds property (or has consumed it) must deliver it (or its value) to the claimant in order to prevent the unjust enrichment of the holder. In this sense the ancient common law writs for the recovery of chattels or their value (detinue, replevin, and trover) and land (ejectment) are perceived to be restitutionary in character. A more modem development in the law courts, the allowance of quasi-contractual relief upon the common counts in general assumpsit, rests upon the same basis. In a leading English case, …

Proposed Revision Of New York Civil Practice, Jack B. Weinstein, Michael I. Sovern, Daniel H. Distler, Stanley H. Fuld

Faculty Scholarship

Our present Civil Practice Act is a patchwork affair; provisions have been changed and sections have been added and eliminated as the particular necessity of the times dictated, without any real regard for rational or integrated compilation.

The problem of revision has long confronted us. There has been none for more than 110 years. Very wisely, the Temporary Commission on the Courts directed such a revision, and in 1955 appointed an advisory committee consisting of outstanding attorneys of extensive and varied experience from all over the state. They were delegated to study and prepare appropriate legislation. The research and drafting …

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Credit Cards And The Virtual Acceptance, Frederick M. Hart

Faculty Scholarship

A recent case decided in a lower New York court indicates an interesting use of the virtual acceptance. Neither the decision nor the opinion is of great import, but the case is noteworthy because of the theory advocated by the plaintiff which shows a clever (and successful) attempt to adapt a principle developed during the last century to a modern type of credit transaction. In addition, it furnishes an opportunity to discuss a significant change made by the Uniform Commercial Code in the field of Negotiable Instruments. The action was brought by the financer of a credit club to collect …

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Interests And Policy Clashes In Conflict Of Laws, Robert Kramer

Faculty Scholarship

No abstract provided.

Commercial Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

New Books And Recent Scholarship, F. Hodge O'Neal, Jordan Derwin, C. Edwin Chapman Jr.

Faculty Scholarship

No abstract provided.

The Refugee Problem: An International Legal Tangle, John S. Bradway, Alona E. Evans

Faculty Scholarship

No abstract provided.

Commercial Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1958), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Some Common Problems Incident To Drafting Dispositive Provisions Of Donative Instruments, W. Bryan Bolich

Faculty Scholarship

No abstract provided.

"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern

Faculty Scholarship

In deciding a conflict of laws question, a judge will sometimes say, "The foreign law ordinarily applicable will not be applied in this case because to do so would violate our public policy." The textwriters, language in the cases, and the Restatement agree: the "normal" operation of choice of law rules is subject to a "public policy" limitation. This paper is an attempt to explore the meanings and significance of "public policy," used in this general way, in the conflict of laws.

The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart

Faculty Scholarship

Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.

Legal Clinics And Law Students: Rocks And Cement For Better Legal Education, John S. Bradway

Faculty Scholarship

No abstract provided.

The Proof Of Paternity And The Progress Of Science, Malcolm Mcdermott

Faculty Scholarship

No abstract provided.

The Legal Aid Clinic Commodity, John S. Bradway

Faculty Scholarship

No abstract provided.

Legal Aid: Its Concept, Organization And Importance, John S. Bradway

Faculty Scholarship

No abstract provided.

Conflicts Of Law: Trusts: Jurisdiction Over Foreign Testamentary Trusts, Joseph Perillo

Faculty Scholarship

No abstract provided.

Legal Education: Extent To Which “Know-How” In Practice Should Be Taught In Law Schools, Joseph A. Mcclain Jr.

Faculty Scholarship

No abstract provided.

A New Look At Practical Training, John S. Bradway

Faculty Scholarship

No abstract provided.

Legalizing Proxy Marriages, John S. Bradway

Faculty Scholarship

No abstract provided.

The Second Mile For Legal Aid Clinics, John S. Bradway

Faculty Scholarship

No abstract provided.

Wages During Temporary Disability, William W. Schwarzer

Faculty Scholarship

No abstract provided.

On Teaching Law Teachers To Teach, Dale F. Stansbury

Faculty Scholarship

No abstract provided.