Law Commons^™

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

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

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

Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

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

Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

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

Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

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

Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

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

Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

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

Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

============================== …

Derivative Evidence Under Mcnabb-Mallory

Washington and Lee Law Review

No abstract provided.

Ril Vs. The Expert Witness In Malpractice Cases

Washington and Lee Law Review

No abstract provided.

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

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

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.

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 …

Reliable Informers And Corroboration

Washington and Lee Law Review

No abstract provided.

The Use Of Coerced Confessions In State Courts, I. 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 …

The Mansfield Rule Of Nonaccess

Washington and Lee Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

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

William & Mary Law Review

No abstract provided.

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)

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

Villanova Law Review

No abstract provided.

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 …

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 …

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

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.

The Interrelationship Of Law And Science, Paul L. Kirk

Buffalo Law Review

No abstract provided.