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Full-Text Articles in Law
The Unborn Plaintiff, David A. Gordon
The Unborn Plaintiff, David A. Gordon
Michigan Law Review
It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Conflict Of Laws - Torts - Proper Party Plaintiff In Wrongful Death Actions, John M. Webb
Michigan Law Review
The purpose of this comment is to examine the differing solutions and determine the vitality of the common law rule in wrongful death actions.
Legislation-Statutory Construction-Validity Of Canon That Statutes In Derogation Of The Common Law Should Be Strictly Construed, Alan Reeve Hunt S.Ed.
Legislation-Statutory Construction-Validity Of Canon That Statutes In Derogation Of The Common Law Should Be Strictly Construed, Alan Reeve Hunt S.Ed.
Michigan Law Review
Plaintiffs brought suit to recover damages for the death of their adopted son under the Mississippi wrongful death act, which provides that an action may be brought by "the parent for the death of the child." The defendants incorporated in their answer a special plea that the statute does not vest a cause of action in adoptive parents. On appeal from a judgment sustaining this plea, without prejudice to the rights of the deceased's natural parents to bring another action, held, affirmed. The Mississippi wrongful death statute gives a right of action to natural parents only. Boroughs v. Oliver …
Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.
Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.
Michigan Law Review
Several recent cases have again focused the attention of the courts on the nature of statutes of limitation; the question is whether they are procedural or substantive. For purposes of the conflict of laws this distinction is important, for it is universally agreed that in conflicts cases the substance of the cause of action is governed by the law of the place where it accrued, and the procedural aspects are governed by the law of the forum. There is no doubt that the theory which holds the usual statutes of limitation procedural in nature prevails in this country today, but …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …