Digital Commons Network^™

What Constitutes A Taking Of Property Under International Law?, George C. Christie

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 …

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

Faculty Scholarship

No abstract provided.

Insanity As A Defense: The Bifurcated Trial, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap

Faculty Scholarship

Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …

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 …

The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan

Faculty Scholarship

Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …

Arrangements Which Protect Minority Shareholders Against Squeeze-Outs, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

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

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 …

Commercial Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

The Law Structure Of Peace, Arthur Larson

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 .

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 …

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 …

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, …

Election, Dissent And Renunciation, W. Bryan Bolich

Faculty Scholarship

No abstract provided.

Recipients’ Rights Under An International Investment Code, Arthur Larson

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Discrimination In State University Housing Programs-Policy And Constitutional Consideration, William W. Van Alstyne

Faculty Scholarship

In nearly all major state universities today, substantial numbers of students are obliged to live off-campus in private apartments or rooming houses.

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.

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.

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 …

Business Associations—1959 Tennessee Survey, F. Hodge O'Neal

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.