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Full-Text Articles in Law
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Vanderbilt Law Review
This Article begins by describing the market for investment in commercial litigationA Litigation-investment transactions share features of existing economic relationships, such as commercial lending, liability insurance, contingent fee-financed representation, and venture capital, but none of these existing practices furnishes a suitable analogy for regulating litigation investment. Like third-party insurance, litigation investment is a way to manage the risk associated with litigation while bringing to bear the particular subject matter expertise of a risk-neutral institutional actor. Insurance companies and litigation investors may be systematically in a better position to reduce the risk of litigation, either through risk pooling or information-cost advantages. …
The Plaintiff In Default, Richard H. Lee
The Plaintiff In Default, Richard H. Lee
Vanderbilt Law Review
This article is concerned with one basic fact pattern. A party to a contract has commenced performance but has stopped short of completion. His failure to perform further is legally inexcusable. The other party has not performed, but is not in default. Can the one in default salvage anything from the wreckage of the contract when he himself "cast it on the rocks"? Can he recover the value of his part performance despite the fact that he refused to abide by his contract? The answer most commonly given by the courts is a righteous no.' But there are many factors …
Restitution -- 1964 Tennessee Survey, John W. Wade
Restitution -- 1964 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The most significant case during the Survey period is Gulf Oil Corp.v. Forcum. The State of Tennessee condemned for highway purposes certain property including the location of a filling station. Defendant was lessee of this property and had installed its own tanks, pumps and other equipment. Plaintiff had the contract to construct the highway and was entitled under this contract to salvage condemned property. Refusing to allow defendant's agent to remove the service station equipment, plaintiff removed the equipment itself at considerable expense. When the condemnation proceeding was completed, defendant was awarded 2,000 dollars for the value of its leasehold, …
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Vanderbilt Law Review
Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …
Restitution -- 1962 Tennessee Survey, John W. Wade
Restitution -- 1962 Tennessee Survey, John W. Wade
Vanderbilt Law Review
For the prevention of unjust enrichment of a defendant the courts make available a number of restitutionary remedies to a plaintiff. These remedies developed separately, and they differ somewhat in their characteristics, but during recent years writers have seen that there is a single principle underlying them all, whether they are administered at law or in equity.
Automobile Policy Exclusions, A. L. Plummer
Automobile Policy Exclusions, A. L. Plummer
Vanderbilt Law Review
The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …
Local Government Law -- 1960 Tennessee Survey, A. E. Ryman, Jr.
Local Government Law -- 1960 Tennessee Survey, A. E. Ryman, Jr.
Vanderbilt Law Review
This survey is directed to the law peculiar to local government. Although nearly every case involves law applicable to parties other than governmental agencies, the focus of attention here is on the aspects peculiar to such agencies. Critique of the law of general application is not within the scope of this article. Although "Elections and Representation" could be treated (as it was last year) under the topic of "Relations of Local Government and Private Persons," it is separated here to emphasize the logical distinction between laws concerned with the creation of governmental agencies on the theory that power is derivative …
Liability Of Funeral Directors For Negligence, Edgar E. Smith
Liability Of Funeral Directors For Negligence, Edgar E. Smith
Vanderbilt Law Review
Funeral directing cannot be classed absolutely as a "profession."'On the contrary, the funeral director's principal concern probably is the sale of caskets and burial supplies, thus making him a "merchant"or "trader." However, for purposes of rendering services in connection with the care and burial of the dead as well as in accommodating the family and friends of the deceased, the funeral director is considered a "professional man." It is the latter capacity which is under consideration here. It is inconsequential for legal purposes whether a mortician is referred to as a "funeral director," an "embalmer," or an "undertaker." An embalmer …
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
The Nature Of The Arbitration Process, William M. Hepburn, Pierre R. Loiseaux
Vanderbilt Law Review
The process of reaching a decision in labor-management arbitrations involves many uncertain factors. As to the final result in a case, we can perhaps say that it is in accord with the contract of the parties or that it is not; that it is "fair" or not; "practical" or unworkable; or that it accords with "public policy" or violates it. Some or all of the criteria discussed in this article may be satisfied in a particular case, but, as is proper, the parties are most often interested in basic equities, in whether an award can be brought within the ambit …
Act Relating To Arbitration And To Make Uniform The Law With Reference Thereto, Law Review Staff
Act Relating To Arbitration And To Make Uniform The Law With Reference Thereto, Law Review Staff
Vanderbilt Law Review
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act also applies to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement.)
Business Associations -- 1956 Tennessee Survey, F. Hodge O'Neal
Business Associations -- 1956 Tennessee Survey, F. Hodge O'Neal
Vanderbilt Law Review
Surprisingly few cases were decided in the field of Business Associations during the survey period. Those decisions for the most part merely reaffirmed legal principles already established in Tennessee law. One of the cases, Wyatt v. Brown,' raised again the interesting old question of what is a partnership and what factual elements are necessary to constitute the partnership relation. This article discusses that question first and then comments rather briefly on the other cases and the principles they enunciate.
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Taft-Hartley Sections 301 And 303 Procedural Aspects, Joseph F. Dirisio, Joseph Martin Jr.
Vanderbilt Law Review
The motives and purposes behind the binate Sections 301 and 303, no less than other sections of the Taft-Hartley Act,' are mixed and ambiguous. Foremost, however, seems the notion that Congress intended to create new federal rights, contract and tort, enforceable nationally in a federal forum. In broad terms, where the required relationship to interstate commerce exists, Section 301 permits suits by either employers or unions for violation of collective bargaining agreements; Section 303 permits those injured by certain boycotts and unlawful combinations to bring suit-- in both cases, the forum provided is the district court of the United States. …