Digital Commons Network^™

Trusts And Administration, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Nest Structure And Flights Of The Ant Formica Obscuriventris Mayr, Mary Talbot

Faculty Scholarship

In southern Michigan the ant Formica obscuriventris Mayr constructs superficial nests under logs and piled-up leaves. Covered runways connect widely spread chambers.In 1962 one colony released approximately 3000 winged ants in 16 flight days between July 27 and August 24th. An estimated 2587 males flew, and the first nine flights were exclusively male. Females took part in six flights, but most (362 of the 422) flew on one day.The best flights occurred when bright sun warmed the ground after cold nights. Males could move out of the nest at 57 [deg]F. and could begin flying at 63 [deg]F. They flew …

Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick

Faculty Scholarship

On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …

Selected Forum Agreements In Western Europe, Joseph Perillo

Faculty Scholarship

No abstract provided.

Vagueness And Legal Language, George C. Christie

Faculty Scholarship

No abstract provided.

Full Faith And Credit, Chiefly To Judgments: A Role For Congress, Brainerd Currie

Faculty Scholarship

No abstract provided.

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 …

Tenancy By The Entirety - Wife's Tort Liability For Negligence, Frances H. Miller

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.

Law And The Negro Revolution; Ten Years Later, Henry Paul Monaghan

Faculty Scholarship

Scarcely ten years ago the Supreme Court of the United States sounded the death knell for segregation in the public schools. In so doing, the high court in fact did much more, for its decision drew together and united the diverse elements in American society which were arrayed against segregation in all its forms. Thus began the great social upheaval which we loosely term "the Negro revolution."

The broad goal is readily discernible. The Negro demands admittance to American public life, to the schools, theatres, restaurants, hotels, job opportunities and the like which comprise the "public" sector of our society; …

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

Faculty Scholarship

No abstract provided.

The Small Corporation And The Proposed Arkansas Corporation Code, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.

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.

Collateral Estoppel And Foreign Judgments, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Principled Decision-Making And The Supreme Court, Martin P. Golding

Faculty Scholarship

No abstract provided.

Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Scholarship

Ten years ago, the New York Times, in a survey of political censorship on major university campuses, concluded that: "a subtle, creeping paralysis of freedom of thought and speech is attacking college campuses . . . limiting both students and faculty in the area traditionally reserved for the free exploration of knowledge and truth."

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

Faculty Scholarship

No abstract provided.

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

Right To Counsel In Criminal Post-Conviction Review Proceedings, Gordon Van Kessel

Faculty Scholarship

No abstract provided.

Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern

Faculty Scholarship

Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …

The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

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 …

Peace-Keeping Costs And Charter Obligations - Implications Of The International Court Of Justice Decision On Certain Expenses Of The United Nations, James F. Hogg

Faculty Scholarship

This article analyzes the important legal and political implications of the July 20, 1962 advisory opinion of the International Court of Justice. This opinion dealt with one of the most serious problems facing the United Nations Organization - how to finance and pay for its operations. By a majority of nine to five, the court advised the General Assembly that expenses occasioned by the United Nations operations in the Congo and in the Middle East constituted "expenses to the Organization" within the meaning of Article 17, paragraph 2 of the United Nations Charter. This opinion may prove to be one …

The Modern Utility Of Quasi In Rem Jurisdiction, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.