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Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1871--"Under Color of Law" Defined

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Conflict of Laws--Characterization--Amount of Damages in Wrongful Death Action Held to be Procedural and thus Controlled by Law of the Forum

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Criminal Law-Insanity--Third Circuit Adopts A New Test for Criminal Responsibility

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Criminal Law--Smith Act--Membership Clause Requiring Active Membership in Communist Party and Specific Intent To Use Violence Held Not To Violate the First or Fifth Amendments

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Criminal Procedure--Evidence-States May Not Constitutionally Use Evidence Obtained by Illegal Search and Seizure in Criminal Cases

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Evidence--Hearsay--Old Newspaper Article Admitted as Evidence of Facts Contained on Grounds of Necessity …

Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.

Michigan Law Review

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …

State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman

Michigan Law Review

The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.

The Federal Conflicts Of Interests Statutes And The Fiduciary Principle, William P. Swain

Vanderbilt Law Review

Three events of recent months have concurred to focus public attention on conflict of interests in the federal service. The most significant of these events is the appointment by President Kennedy of a committee to inquire into the problems of ethics in government. It is to be hoped that the projected inquiry will amount to more than a footnote in a law review article, which seems to have been the fate of its predecessors.' The most spectacular event was the decision in the Dixon-Yates case, in which the Supreme Court held unenforceable a government contract because of the dual interests …

Conflicts Of Law—Public Policy Did Not Bar Application Of Foreign Law In Contract Action, Buffalo Law Review Board

Buffalo Law Review

Haag v. Barnes,9 N.Y.2d 554, 216 N.Y.S.2d 65 (1961).

Conflicts Of Law—Foreign Divorce Action Not Enjoined If Decree Not Entitled To Full Faith And Credit, Buffalo Law Review Board

Buffalo Law Review

Arpels v. Arpels, 8 N.Y.2d 338, 207 N.Y.S.2d 663 (1960).

Conflicts Of Law—Wrongful Death Action Not Governed By Limitation On Liability Of Lex Loci Delecti, Paul W. Dolloff

Buffalo Law Review

Kilberg v. Northeast Airlines, Inc., 9 N.Y.2d 34, 211 N.Y.S.2d 133 (1961).

Conflict Of Laws--Jurisdiction Over Nonresident Defendants By Extraterritorial Service Of Process, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss

Michigan Law Review

In accordance with a scheme of federal ship inspection, appellant possessed certificates which permitted its ships to operate on the Great Lakes and which specified the type of boiler which might be used. While two of its ships were docked in Detroit, smoke was emitted from their boilers in violation of the minimum density and duration requirements of the Detroit Smoke Abatement Code. The equipment which appellant was then using made compliance with the ordinance impossible. When criminal proceedings were instituted against appellant, it brought an action to enjoin the City of Detroit from enforcing the ordinance on the theory …

Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas

Michigan Law Review

County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the …

Should Utah Courts Review Judgments Of Illinois Courts On Questions Of Illinois Law?, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.

Michigan Law Review

Plaintiff attorney was retained by a Spanish seaman to prosecute personal injury claims under the Jones Act and the general maritime law. Defendant shipping company induced the seaman to fire his lawyer and to recover instead under his Spanish employment contract. Plaintiff sued the shipping company in tort for interference with contractual relations. In a federal diversity suit, held, for plaintiff. Federal common law should be applied to determine the validity of the contract and the claim of tortious interference with it. Greenberg v. Panama Transp. Co., 185 F. Supp. 320 (D. Mass. 1960).

Death Damages And Conflicts Of Laws, Marvin D. Silver

Cleveland State Law Review

Since the adoption of the Fatal Accidents Act of 1846 in the United Kingdom, each of the fifty United States has created by statute a similar right of action which pertains to the survivors or to the estate of the decedent whose death resulted from the wrongful acts of another. During recent years, fourteen states have incorporated within their wrongful death statutes a maximum limitation on the amount of damages recoverable. These restrictions consistently trouble the courts when a wrongful death occurs in one of these limiting states and the suit is brought elsewhere. However, the courts have, with a …

Conflict Of Laws - Wrongful Death Statute - Refusal To Apply Damage Limitation Of Foreign Wrongful Death Statute, Ned W. Manashil

Villanova Law Review

No abstract provided.

Comments, Various Editors

Villanova Law Review

No abstract provided.