Law Commons^™

Constitutional Law--Criminal Law--Evidence--Searches And Seizures--Silver Platter Doctrine Abolished, Esdel Beane Yost

West Virginia Law Review

No abstract provided.

Evidence--Past Recollection Recorded--Present Recollection Revived, John George Van Meter

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Aaron David Trub

West Virginia Law Review

No abstract provided.

Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter

Michigan Law Review

Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.

Michigan Law Review

Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …

Evidence—Prosecutor's Isolated Comment During Trial Held Prejudicial Error, Buffalo Law Review

Buffalo Law Review

People v. Jackson, 7 N.Y.2d 142, 196 N.Y.S.2d 79 (1959).

Procedure And Evidence -- 1960 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

This survey is in large part merely what Professor Chafee once characterized as a horizontal digest. In the previous survey a request was made that interested members of the Bar advise the "Editor-in-Chief of this Review whether the character of the annual survey of this subject should be changed. The request is repeated herewith.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax

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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti

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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence

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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance

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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party

Evidence Of Guilt: Restrictions Upon Its Discovery Or Compulsory Disclosure, By John Macarthur Maguire, Edward W. Cleary

Indiana Law Journal

No abstract provided.

Evidence—Exception To Rule Making Evidence Of Witness's Invocation Of Right Against Self-Incrimination Inadmissible, Buffalo Law Review

Buffalo Law Review

People v. Ashby, 8 N.Y.2d 238, 203 N.Y.S.2d 854 (1960).

Evidence—Corroboration Of Testimony Of Accomplice, Buffalo Law Review

Buffalo Law Review

People v. Weiss, 7 N.Y.2d 139, 196 N.Y.S.2d 76 (1959).

Evidence—Application Of Substantial Evidence Rule To Administrative Findings, Buffalo Law Review

Buffalo Law Review

Miller v. National Cabinet Co., 8 N.Y.2d 277, 204 N.Y.S.2d 129 (1960).

Evidence—Test Used Even Though Not That Prescribed By Regulation Admissible In Evidence To Show Guilt, Buffalo Law Review

Buffalo Law Review

People v. Prince Jagendorf Greene, Inc., 7 N.Y.2d 42, 194 N.Y.S.2d 498 (1959).

Evidence—Alleging Prior Convictions In The Indictment, Buffalo Law Review

Buffalo Law Review

People v. Johnson, 8 N.Y.2d 183, 203 N.Y.S.2d 809 (1960).

Evidence—Indictment Dismissed Where Based On Evidence Illegally Submitted To Grand Jury, Buffalo Law Review

Buffalo Law Review

People v. Peetz, 7 N.Y.2d 147, 196 N.Y.S.2d 83 (1959).

Evidence—Admissibility Of Prior Plea Of Guilty To Traffic Infraction In Subsequent Civil Action, Buffalo Law Review

Buffalo Law Review

Ando v. Woodberry, 8 N.Y.2d 165, 203 N.Y.S.2d 74 (1960).

Evidence—Revocation Of Operator's License, Buffalo Law Review

Buffalo Law Review

Sullivan v. Kelly., 7 N.Y.2d 462, 199 N.Y.S.2d 481 (1960).

Objections To Former Testimony

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases:

CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY

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CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN

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DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR

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EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT

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FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE

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LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT

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PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …

Constitutional Law--Due Process--Evidence Required To Sustain Criminal Convictions, J. Mc K.

West Virginia Law Review

No abstract provided.

Evidence--Personal Injury Cases--Blackboard Summation, F. C. B.

West Virginia Law Review

No abstract provided.

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.

Michigan Law Review

It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?

Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite

Michigan Law Review

The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …

The Constitutional Limits Of Discovery

Indiana Law Journal

No abstract provided.

Evidence--Admissibility Of Evidence Of Sperate Independent Crimes, M. J. F.

West Virginia Law Review

No abstract provided.

Evidence--Admissibility Of Testimony Of Physician Retained Solely As A Witness, L. O. H.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, A. M. P.

West Virginia Law Review

No abstract provided.

The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon

Michigan Law Review

The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …

Book Reviews, Laurence H. Eldredge, Henry N. Williams

Vanderbilt Law Review

Evidence of Guilt: Restrictions Upon its Discovery or Compulsory Disclosure

By John MacArthur Maguire

Boston: Little, Brown &Co. 1959. Pp. xi, 295. $12.50

reviewer: Edmund M. Morgan

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Government and Public Administration

By John D. Millett

New York. McGraw-Hill Book Co. 1959. Pp. x, 477. $7.95

reviewer: Henry N. Williams