Law Commons^™

Criminal Law--Presence Of Accused At Trial, Thomas Edward Mchugh

West Virginia Law Review

No abstract provided.

Criminal Law--Double Jeopardy--Multiple Transgressions From A Single Act, Earl Moss Curry Jr.

West Virginia Law Review

No abstract provided.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Full Faith and Credit--Prior Conflicting Divorce Decrees

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Conflict of Laws--Tax Claims of One State Held Not Enforceable in Another State

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Constitutional Law--Discrimination--Statute Prohibiting Racial Discrimination in Renting of Private Apartment Houses Does Not Violate Due Process

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Constitutional Law--Establishment of Religion--Recitation of State Composed Prayer in Public Schools Held Unconstitutional

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Criminal Law--Narcotics-Criminal Prosecution for Addiction Is a Cruel and Unusual Punishment Violating Eighth and Fourteenth Amendments

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Damages--Collateral Source Rule--Value of Medical Services Plaintiff Received as a Gratuity Not Allowed as Special Damages

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Due Process--Taxation of Insurance Premiums Paid to Foreign Insurers on Property …

Betts V. Brady Twenty Years Later: The Right To Counself And Due Process Values, Yale Kamisar

Michigan Law Review

I am quite distressed by talk that the landmark case of Mapp v. Ohio "suggests by analogy" that the Court may now overrule Betts v. Brady. For whether one talks about the fourth or the sixth amendment, there is much to be said for Justice Harlan's dissenting views in Mapp. "[W]hatever configurations ... have been developed in the particularizing federal precedents" should not be "deemed a part of 'ordered liberty,' and as such ... enforceable against the States .... [W]e would not be true to the Fourteenth Amendment were we merely to stretch the general principle [ of …

Bankruptcy-Fradulent Transfers-Venue For Plenary Actions Under Section 70(E), Martin B. Dickinson Jr.

Michigan Law Review

Plaintiff trustee in bankruptcy brought a plenary action under section 70(e) of the Bankruptcy Act in the Federal District Court for the Northern District of Illinois for recovery of fraudulently transferred property located within the district. The defendants were citizens of Illinois, except the bankrupt's daughter, a California citizen. The district court granted the daughter's motion to dismiss for lack of venue. On appeal, held, reversed and remanded. Sections 23(b) and 70(e)(3) of the Bankruptcy Act exclude actions under section 70(e) from the requirements of the general venue provision of Title 28, U.S.C.; in all cases under section 70(e) …

Criminal Law And Procedure—Evidence Of Contemporary Community Obscenity Prosecution Standards Irrelevant In Obscenity Prosecution, Walter J. Licata

Buffalo Law Review

People v. Finkelstein, 11 N.Y.2d 300, 183 N.E.2d 661, 229 N.Y.S.2d 367 (1962).

Criminal Law And Procedure—Arranging For Adoption And Placement Of Foreign Orphans Not Violative Of The Law Prohibiting The Placing Out Of Children For Compensation, Walter W. Miller Jr.

Buffalo Law Review

People v. Scopas, 11 N.Y.2d 120, 181 N.E.2d 754, 227 N.Y.S.2d 5 (1962).

Criminal Law And Procedure—Manslaughter The Same In New York And North Carolina For Purpose Of Habitual Criminal Statute, Buffalo Law Review Board

Buffalo Law Review

People v. Perkins, 11 N.Y.2d 195, 182 N.E.2d 274, 227 N.Y.S.2d 663 (1962).

Criminal Law And Procedure—Third Degree Assault Not Excused By Reasonable Mistake Of Fact, David R. Knoll

Buffalo Law Review

People v. Young, 11 N.Y.2d 274, 183 N.E.2d 319, 229 N.Y.S.2d 1 (1962) (per curiam).

State Criminal Confession Cases: Subsequent Developments In Cases Reversed By U.S. Supreme Court And Some Current Problems, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Burden Of Proof As To Perpetrators Of Crimes

Washington and Lee Law Review

No abstract provided.

Citizen's Arrest

Washington and Lee Law Review

No abstract provided.

Remarks About Appeal As Prejudicial In Criminal Cases

Washington and Lee Law Review

No abstract provided.

Criminal Law—Murder—Negligent Medical Treatment Intervening Between Defendant's Act And Decedent's Death, Charles B. Cooper

Washington Law Review

In reviewing a murder conviction, the Washington court recently was confronted with the problem of negligent medical treatment intervening between the defendant's act and the ensuing death. In affirming, the court apparently took the extreme position that proximate causation is solely a jury question, the inquiry on appeal being limited to a cause-in-fact analysis.

Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski

Vanderbilt Law Review

Although little is left of the theory which ascribed to mental deficiency causative force in criminal conduct, the entire episode taught at least two valuable lessons to modem criminologists. First, it served as a warning against superficial research and hasty conclusions, thus inducing subsequent scholars to take a more scientific approach to similar problems. Second, it aided in alerting others that, although not all or even most criminals are mentally deficient, there are an appreciable number of criminals who possess a subnormal mentality, and who must be reckoned within the criminal law. Notwithstanding that the legal profession has utilized the …

Criminal Law And Procedure -- 1961 Tennessee Survey (Ii), Robert E. Kendrick

Vanderbilt Law Review

In reviewing Cowan v.State, the Tennessee Supreme Court noted the following facts: Defendant, seeing an automobile stop at an isolated spot on a so-called "lovers' lane," approached it by way of a woods, being unseen by the two teen-age couples in the automobile until he was quite nearby. The occupants' attempt to drive away was thwarted by the defendant's exhibiting and threatening to use a pistol, warning against further escape attempts, and demanding and receiving the ignition key. He then insisted that the girls have sexual intercourse with him; and when they refused, he stated that he would not "take …

The Companion Of The New Hampshire Doctrine Of Criminal Insanity, John Reid

Vanderbilt Law Review

The problem of criminal responsibility is one of the most difficult in criminal law. Of the various solutions that have been devised, the author suggests that the New Hampshire-Scottish approach--with its emphasis on insanity as a question of fact for the jury--is the most desirable.

Book Reviews, Law Review Staff

Vanderbilt Law Review

Decision at Law

By David W. Peck.

New York: Dodd, Mead & Co.,1961. Pp. vii, 303.

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Corporation Lawyer: Saint or Sinner? By Beryl Harold Levy.

Philadelphia and New York: Chilton Co., 1961. Pp. x, 175.

reviewer: Elliott E. Cheatham

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Criminal Psychology Edited by Richard W. Nice. New York: Philosophical Library, Inc., 1962. Pp. 284.

reviewer: J. Paschall Davis

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Symposium on the Labor-Management Reporting and Disclosure Act of 1959 Edited by Ralph Slovenko. Baton Rouge: Claitor's Bookstore, 1961. Pp. xliv, 1237. $20.00.

reviewer: Robert N. Covington

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Handling Accident Cases, Vol. 3

By Albert Averbach.

Rochester: The Lawyers …

Criminal Law--Shoplifting--Lack Of Requirement Of Intent Does Not Invalidate Statute, David Mayer Katz

West Virginia Law Review

No abstract provided.

The Dilemma Of The Directed Acquittal, Richard H. Winningham

Vanderbilt Law Review

Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.

Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis

Michigan Law Review

Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …

Criminal Psychology, Edited By Richard W. Nice, Winfred Overholser

Indiana Law Journal

No abstract provided.

Criminal Law--Former Jeopardy--Indictment For Conspiracy To Murder, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.

Criminal Law--Defense Of Others, Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.

Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.

Michigan Law Review

In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …

Distinctions Between Accessory Before The Fact And Principal

Washington and Lee Law Review

No abstract provided.

The Evolution Of Obscenity Control Statutes, John S. Harrington

William & Mary Law Review

No abstract provided.

Securities Regulation-Federal Anti-Fraud Provisions-Applicability Of Insider Responsibility To Broker In Possession Of Inside Corporate Information, John A. Krsul Jr.

Michigan Law Review

During a period of upward movement in the price of Curtiss-Wright common stock, the corporation's board of directors voted to reduce the stock dividend by forty percent, an action certain to have an immediate adverse effect upon the stock's market price. Although the board immediately authorized the transmission of information concerning its action to the New York Stock Exchange, an inadvertent delay of forty-five minutes ensued. Unaware of the delay, C, a director of Curtiss-Wright and a registered representative of Cady, Roberts & Co. (registrant) , a registered broker-dealer, telephoned registrant to inform G, one of its partners, …

Donnelly, Goldstein & Schwartz: Criminal Law, B. J. George Jr.

Michigan Law Review

A Review of Criminal Law. By Richard C. Donnelly, Joseph Goldstein and Richard D. Schwartz.

Twenty-Five Years Of State Criminal Confession Cases In The U. S. Supreme Court, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.