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Articles 1 - 23 of 23
Full-Text Articles in Law
Criminal Law--Admissibility On Criminal Courts Of Evidence Derived From Inadmissible Juvenile Confessions, Lester Clay Hess Jr.
Criminal Law--Admissibility On Criminal Courts Of Evidence Derived From Inadmissible Juvenile Confessions, Lester Clay Hess Jr.
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture
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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action
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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property
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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process
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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population
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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders
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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection
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Derivative Evidence Under Mcnabb-Mallory
Derivative Evidence Under Mcnabb-Mallory
Washington and Lee Law Review
No abstract provided.
Ril Vs. The Expert Witness In Malpractice Cases
Ril Vs. The Expert Witness In Malpractice Cases
Washington and Lee Law Review
No abstract provided.
Evidence -- 1963 Tennessee Survey, Lyman R. Patterson
Evidence -- 1963 Tennessee Survey, Lyman R. Patterson
Vanderbilt Law Review
The doctrine of judicial notice is that an indisputable proposition of fact or a proposition of law of the jurisdiction is not subject to proof. The doctrine thus serves to relieve the litigant of the burden of proving certain facts and law, and is one of immense theoretical implication for the trial lawyer. A fact which is judicially noticed has much greater probative value than a fact which is proved, no matter how strong the proof. Judicial notice thus offers the trial lawyer an extremely effective, but apparently largely unused, device in litigation. None of the cases involving judicial notice …
Evidence-Admissibility And Weight Of Photographs, James W. Collier
Evidence-Admissibility And Weight Of Photographs, James W. Collier
Michigan Law Review
In a prosecution for fellatio, the people's only witness was a woman who testified that she had participated in the alleged activity with the defendant. Her testimony also verified for introduction a motion picture purporting to show the alleged violations. Defendant was convicted on the basis of this evidence. On appeal, held, reversed. A conviction cannot be sustained on the basis of an accomplice's uncorroborated testimony; and the film, although properly admitted, could not supply the necessary corroboration, since a determination of its accuracy must rely upon the accomplice's foundation testimony. People v. Bowley, 59 Cal. 2d …
Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish
Criminal Law-Aiding And Abeiting-Criminal Liablity For Knowingly Furnishing Racing Results To Bookmakers, John H. Blish
Michigan Law Review
Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer's customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation …
Government Contracts-Judicial Review Under Disputes Clause, Amos J. Coffman Jr.
Government Contracts-Judicial Review Under Disputes Clause, Amos J. Coffman Jr.
Michigan Law Review
In a factual dispute arising under a standard government construction contract, the contractor followed the procedures required by the disputes clause. The contractor, after its claim was denied by the contracting officer, appealed to the Board of Claims and Appeals of the Corps of Engineers. The Board rejected the claim, and the contractor brought suit in the Court of Claims, alleging, in the words of the Wunderlich Act, that the Board's decision was "capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith, or was not supported by substantial evidence." Over the Government's objection, a commissioner of …
Police Refusal Of A Blood Test As Suppression Of Evidence
Police Refusal Of A Blood Test As Suppression Of Evidence
Washington and Lee Law Review
No abstract provided.
Impeaching Adverse Party Called As One's Own Witness
Impeaching Adverse Party Called As One's Own Witness
Washington and Lee Law Review
No abstract provided.
The Mansfield Rule Of Nonaccess
Reliable Informers And Corroboration
Reliable Informers And Corroboration
Washington and Lee Law Review
No abstract provided.
The Use Of Coerced Confessions In State Courts, J. A. Spanogle
The Use Of Coerced Confessions In State Courts, J. A. Spanogle
Vanderbilt Law Review
It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …
Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn
Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn
West Virginia Law Review
No abstract provided.
Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips
Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips
William & Mary Law Review
No abstract provided.
Evidence - Waiver - Dead Man's Act
Evidence - Waiver - Dead Man's Act
Duquesne Law Review
Answering of interrogatories filed by decedent's representative constitutes a waiver of protection afforded by Dead Man's Act even if not used at trial.
Perlis v. Kuhns, Adm'r., 202 Pa. Super. 80, 195 A.2d 156 (1963)
The Interrelationship Of Law And Science, Paul L. Kirk
The Interrelationship Of Law And Science, Paul L. Kirk
Buffalo Law Review
No abstract provided.
Evidence--Lie Detector Results--Effect Of Prior Stipulation On Admissibility, Jerry P. Rhoads
Evidence--Lie Detector Results--Effect Of Prior Stipulation On Admissibility, Jerry P. Rhoads
Kentucky Law Journal
No abstract provided.
Libel - Public Officials - Recovery For Libel Of Public Official Requires Proof Of Actual Malice, Michael A. Macchiaroli
Libel - Public Officials - Recovery For Libel Of Public Official Requires Proof Of Actual Malice, Michael A. Macchiaroli
Villanova Law Review
No abstract provided.
Finding An Expert Witness In The Sciences, Ralph K. Davies
Finding An Expert Witness In The Sciences, Ralph K. Davies
Cleveland State Law Review
To the uninitiated a classification of diversified sciences upsets the notion that science is one field of knowledge. There are times when even a scientist in one area has difficulty in locating an expert in another area. How then does one find a scientific expert?
American Life Expectancy Tables, And Foreigners, Rita Page
American Life Expectancy Tables, And Foreigners, Rita Page
Cleveland State Law Review
It is the court's duty to see that the facts admitted into evidence do not tend to distort, mislead, or confuse the jury regarding the damages to be awarded. This the court cannot do if United States life expectancy tables are accepted as relevant to the life expectancy of a foreign national. Therefore, the United States tables should be deemed inadmissible by the court in such cases. The court should then turn to the relevant foreign table as the only life expectancy table admissible in evidence.
Investigation Of Fatal Gunshot Wounds, Justin C. Smith
Investigation Of Fatal Gunshot Wounds, Justin C. Smith
Cleveland State Law Review
Certain routine steps are taken in investigating fatal injury inflicted by a firearm either as a result of foul play or accident. A fatal gunshot case presents many challenging medicallegal problems which involve cooperation among the forensic pathologist, firearms identification expert, laboratory technician and the police. The belief that an "expert" can view the body and without further corroborating evidence testify in court as to the range at which this person was shot and the calibre of the weapon is one of the most common fallacies. Since the average person interested in law enforcement is generally not trained in medicine …
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Michigan Law Review
By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …