Law Commons^™

Ohio Supreme Court Symposium

Akron Law Review

During the 1981-1982 term the Ohio Supreme Court rendered 250 written opinions on a wide range of topics from wiretapping to the liability of landlords for injuries. In several cases, individuals gained significant legal rights in dealing with business and others. In addition, there were some significant changes in the law governing municipal sovereignty and immunity. This symposium will not attempt to cover all decisions of the Ohio Supreme Court, but rather to highlight some of the major decisions which affect Ohioans.

Judicial Patriarchy And Domestic Violence: A Challenge To The Conventional Family Privacy Narrative, Elizabeth Katz

William & Mary Journal of Race, Gender, and Social Justice

According to the conventional domestic violence narrative, judges historically have ignored or even shielded “wife beaters” as a result of the patriarchal prioritization of privacy in the home. This Article directly challenges that account. In the early twentieth century, judges regularly and enthusiastically protected female victims of domestic violence in the divorce and criminal contexts. As legal and economic developments appeared to threaten American manhood and traditional family structures, judges intervened in domestic violence matters as substitute patriarchs. They harshly condemned male perpetrators—sentencing men to fines, prison, and even the whipping post—for failing to conform to appropriate husbandly behavior, while …

Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili

San Diego Law Review

This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …

Closing The Courts To Felonious Plaintiffs Who Are Injured By Their Own Conduct: A Case For Codifying Common Sense, Michael A. L. Balboni

Fordham Urban Law Journal

This article argues that criminals should not be allowed to bring civil tort suits against the victims of their crimes. It analyzes cases that allow and do not allow recovery by criminal for injuries occurring during the commission of a crime. The article closes with a plea for legislative reform to disallow criminal the protections of law while in the act of committing a crime.

The Applicability Of Civil Rico To Toxic Waste Polluters, David R. Mcavoy

Indiana Law Journal

No abstract provided.

The Foreseeable Risks Of Apartment Living: Pennsylvania Defines A Landlord's Duty To Provide Security, John P. Mclaughlin

Villanova Law Review

No abstract provided.

The Virginia Conspiracy Statute Part Ii: Liability Of Conspirators For Compelling Another To Act Against His Will Or Constraining Another From Doing A Lawful Act, Joseph E. Ulrich, Killis T. Howard

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

======================

Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

=======================

Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

=======================

Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

===========================

Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

===========================

Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

===========================

Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

===========================

Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

===========================

Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

===========================

Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …

Abstracts Of Recent Cases, Robert Bruce King

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

===========================

Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

===========================

Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

===========================

Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

===========================

Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

============================

Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

=============================

Taxation--Thin Incorporation Not Tantamount to Disqualification …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--FTC Proceeding Will Not Toll the Statute of Limitations in an Action Under Section 4(b) of the Clayton Act

============================

Conflict of Laws--Where None of the Beneficiaries Reside in Forum State, Limitation on Amount of Recovery Imposed by State Where Tort Occurred Governs

============================

Criminal Law--Double Jeopardy--Conviction of Greater Degree of Offense on Retrial

============================

Federal Rules of Civil Procedure--No Requirement that Agent Appointed To Receive Service of Process be Expressly Bound To Give Notice to Principal

============================

Labor Law--NLRA--Union's Duty To Represent Fairly

============================

Labor Law-Walsh--Healey Act--Secretary of Labor Not Authorized To Set More Than One Prevailing Wage

============================= …

Hart And Honore, Causation In The Law, John H. Mansfield

Vanderbilt Law Review

It is scarcely necessary at this date to give notice of the publication of Causation in the Law. Since its appearance four years ago the book has become widely known and has been much discussed by legal scholars, particularly in the fields of torts and criminal law. Doubtless it has received similar attention from philosophers, for it is a work that seeks to achieve something which is seldom attempted, and then with little success, namely, to combine legal and philosophical thinking in a way that secures the understanding and approval of both philosophers and lawyers by satisfying the analytical rigor …

Abstracts Of Recent Cases, W. E. M.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, L. S. D.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

====================================

COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

====================================

COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

====================================

CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

====================================

DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

====================================

FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

====================================

TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

====================================

TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

====================================

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Congressional Investigations --Relevancy of Required Testimony

========================

Constitutional Law--State Taxation of Interstate Commerce--Sales Taxation of Income from Trans-Shipment of Goods within State

========================

Criminal Law--Felony Murder Doctrine--Co-Felon Killed by Victim of Crime

========================

Evidence--Judicial Admissions--Testimony as to Objective Facts

========================

Federal Tort Claims Act--"Private Individual" Clause--Uniquely Governmental Activity

========================

Income Taxation--Capital Gains and Losses--Business Purpose for Contracting in Commodity Futures

========================

Labor Law--Taft-Hartley Act--Discharge of Employees because of Union Membership

========================

Negligence--High Tension Power Lines--Duty to Warn of Dangerous Condition

========================

Real Property--Joint Tenancy--Severance of Estate by Murder of Co-Tenant

========================

Torts--Landowner--Duty to Social Guest

========================

Wills--Pretermitted Heir Statue--Sole …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT

============================

AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE

============================

BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION

============================

CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT

============================

CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS

============================

CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION

=============================

CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE

=============================

CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …