Digital Commons Network^™

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 …

The Law Structure Of Peace, Arthur Larson

Faculty Scholarship

No abstract provided.

Recipients’ Rights Under An International Investment Code, Arthur Larson

Faculty Scholarship

No abstract provided.

Peace Through Law: The Role And Limits Of Adjudication-Some Contemporary Applications, Arthur Larson

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel

Faculty Scholarship

This year was one of quiet evolution rather than of substantial progress in the area of family law. The event having the greatest effect on the average citizen was undoubtedly the raising of the marriage license fee in New York City to three dollars. The most noteworthy of the other minor legislative changes were an egalitarian enactment forbidding wives from contracting to abrogate their duty of support of incapacitated husbands and an authorization of resident parole centers for paroled juvenile delinquents whose home life is inadequate .

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

Faculty Scholarship

No abstract provided.

The Oregon Administrative Procedure Act: Status And Prospects, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Main Trends In The Soviet Reform Of Criminal Law, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

A Suggestion: The Family Lawyer, John S. Bradway

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Delay And The Dynamics Of Personal Injury Litigation, Maurice Rosenberg, Michael I. Sovern

Faculty Scholarship

Delayed justice is one of man's stubborn maladies. Just as stubborn is' man himself, and this has led him to persist in prescribing for the delay affliction instead of trying to understand it. Today there are still those who believe that solution can precede understanding and that what this country needs is a good five-cent "cure" for delay. Happily, others have recognized the need to put first things first. All through the country more and more groups are at work methodically getting the facts that are essential to understanding what is wrong and what is needed. The Columbia University Project …

Interests And Policy Clashes In Conflict Of Laws, Robert Kramer

Faculty Scholarship

No abstract provided.

Federal Estate And Gift Taxation, Robert Kramer

Faculty Scholarship

No abstract provided.

The Place And Function Of Judicial Review In The Administrative Process, 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.

May V. Anderson: Preamble To Family Law Chaos, Geoffrey C. Hazard Jr.

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.

Values In Land Use Controls: Some Problems, Robert Kramer

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.

Break For The Farmers A Further Word, William W. Schwarzer

Faculty Scholarship

No abstract provided.

State Taxation Of Bankruptcy Liquidations: Federalism Misconceived, Neil S. Hecht

Faculty Scholarship

ONCE viewed as immune property within the custody of the federal sovereign, a bankrupt's estate is now generally subject to the same state and local taxes as are the property and activities of an individual. Judicial recognition that government services subsidized by state property taxes were ratably extended to property in the hands of the bankruptcy trustee engendered the initial inroad on this immunity. Subsequent federal legislation relegates agents or officers conducting businesses by authority of United States courts to the status of private parties for purposes of taxation. However, some courts have denied the imposition of state and local …

Law For Social Workers, John S. Bradway

Faculty Scholarship

No abstract provided.

Legal Effect Of Voluntary Pooling And Unitization: Theories And Party Practice, Joseph J. French Jr, Frank W. Elliott

Faculty Scholarship

The pooling or combining of smaller tracts is a recognized and expanding practice in the oil and gas industry. Consequently, it is important to understand the precise legal effect of pooling and unitization. In a typical situation, if A owns tract 1 and B owns tract 2, and A and B lease their tracts to X and Y respectively, it is clear that B would not share in the production from a well located on A's tract. However, if tract 2 is pooled or unitized with tract 1, B would be permitted to share in the royalties from a …