Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Vanderbilt University Law School (17)
- Boston University School of Law (8)
- Selected Works (8)
- University of Baltimore Law (8)
- University of Georgia School of Law (6)
-
- The University of Akron (5)
- Washington and Lee University School of Law (5)
- Georgetown University Law Center (3)
- Pepperdine University (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- West Virginia University (3)
- Widener Law (3)
- Maurer School of Law: Indiana University (2)
- Osgoode Hall Law School of York University (2)
- Penn State Law (2)
- University of Denver (2)
- University of Oklahoma College of Law (2)
- University of Pittsburgh School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- American University Washington College of Law (1)
- BLR (1)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Golden Gate University School of Law (1)
- Loyola Marymount University and Loyola Law School (1)
- Mississippi College School of Law (1)
- Mitchell Hamline School of Law (1)
- New York Law School (1)
- Publication Year
- Publication
-
- Vanderbilt Law Review (13)
- All Faculty Scholarship (11)
- Faculty Scholarship (9)
- Akron Law Review (5)
- Articles (5)
-
- Georgetown Law Faculty Publications and Other Works (3)
- Journal Articles (3)
- Jules Epstein (3)
- Pepperdine Law Review (3)
- Scholarly Works (3)
- University of Richmond Law Review (3)
- Washington and Lee Law Review (3)
- West Virginia Law Review (3)
- Articles by Maurer Faculty (2)
- Faculty Publications (2)
- James W. Diehm (2)
- Popular Media (2)
- Publications (2)
- Sturm College of Law: Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- American Indian Law Review (1)
- Articles & Book Chapters (1)
- Articles & Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Books (1)
- Brooklyn Law Review (1)
- Catholic University Journal of Law and Technology (1)
- Cleveland State Law Review (1)
- Daniel M Braun (1)
- Publication Type
- File Type
Articles 91 - 112 of 112
Full-Text Articles in Law
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Vanderbilt Law Review
The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …
Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians
American Indian Law Review
No abstract provided.
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Some Themes In The Proposed Federal Rules Of Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
Although the Federal Rules of Evidence are under consideration by Congress, it is unlikely that many of their major themes will be reversed. The present article examines some of these themes as they appear in the Supreme Court-approved draft. The aim is merely to make more explicit the effects of the Rules and suggest some questions for study.
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH
LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS
SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT
COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION
2. BORDER SEARCHES
A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST
3. CONSTITUTIONAL LAW
STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE
4. …
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
The Second Circuit Review: Ix. Evidence: Introduction, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The past year's developments in the law of evidence have been characterized by a hardening attitude toward criminal defendants. The United States Supreme Court's evidentiary rulings during the term covered by the Second Circuit Review (1971-72) manifested this trend (although not uniformly). For example, police stop-and-frisk authority was broadened (and with it the use of evidence obtained therefrom); the scope of the immunity from criminal prosecution required to be granted by a governmental body before self-incriminatory statements can be compelled from a witness was narrowed; the right to have counsel at line-ups was limited to postindictment or post-charge line-ups (with …
Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson
Comments And Casenotes: To Kill A Mockingbird - Star Decisis And M'Naghten In Maryland, Kenneth Lasson
All Faculty Scholarship
There are certain pillars of jurisprudence which, despite the erosive elements of time and progress, remain sacred. After more than a century of judicial dialogue the venerable M'Naghten Rule survives as the prevailing test to determine criminal responsibility. The rule states: "To establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know …
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
A Re-Evaluation Of The Privilege Against Adverse Spousal Testimony In The Light Of Its Purpose, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The recent development in American federal criminal evidence law to be examined and compared with English law in this paper, is a new evolutionary turn taken by the husband-wife privilege against adverse spousal testimony, manifest in the Supreme Court decision of Wyatt v. United States. The House of Lords, in Rumping v. D.P.P., just decided, suggests that the English spousal privileges might be susceptible of similar development.
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
Vanderbilt Law Review
To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …
Abstracts Of Recent Cases, Aaron David Trub
Abstracts Of Recent Cases, Aaron David Trub
West Virginia Law Review
No abstract provided.
Recent Cases, Law Review Staff
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
=================================
CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN
=================================
DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR
=================================
EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT
=================================
FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE
=================================
LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT
=================================
PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …
Abstracts Of Recent Cases, L. S. D.
Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller
Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller
Vanderbilt Law Review
In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.
Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)
Book Reviews, Ronan E. Degnan (Reviewer), James J. Lenoir (Reviewer), David H. Vernon (Reviewer), David W. Louisell (Reviewer), David Maxwell (Reviewer)
Vanderbilt Law Review
Book Reviews:
Cases and Materials on Evidence, Fourth Edition. By Morgan, Maguide & Weinstein Brooklyn: Foundation Press, 1957. Pp. xxiv,880. $11.00
reviewers: Ronan E. Degnan and David W. Louisell
==================================
Estate Planning and Taxation Two volumes. By William J. Bowe Buffalo: Dennis & Company, Inc., 1957. Vol. I, pp. lvi, 590; Vol. II,pp. viii, 614.
reviewer: James J. Lenoir
===================================
The Sanctity of Life and the Criminal Law By Glanville Williams. New York: Alfred A. Knopf, 1957. Pp. xi, 350. $5.00.
reviewer: David H. Vernon
===================================
Current Legal Problems Edited by G. W. Keeton & G. Schwarzenberger London: Stevens & …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship
==================================
Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan
==================================
Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run
==================================
Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless
==================================
Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings
===================================
Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land
=================================== …
Abstracts Of Recent Cases, T. E. P.
Recent Cases, Law Review Staff
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 …
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Criminal Law And Procedure -- 1955 Tennessee Survey, Austin W. Scott Jr.
Vanderbilt Law Review
Homicide: In Ivy v. State' the defendant, in the course of a fight with A, stabbed B, a peacemaker, killing him. The defendant appealed his conviction of involuntary manslaughter on the theory that the evidence did not support the verdict, since it showed that the defendant was striking at A in self-defense when he unfortunately stabbed B. The court held that the jury could properly find on the evidence either that (1) the defendant, not A, was the aggressor, or (2) even if A were the aggressor, defendant was not in imminent danger or reasonably supposed danger of death or …
Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball
Criminal Law And Procedure -- 1954 Tennessee Survey, Clyde L. Ball
Vanderbilt Law Review
Most of the criminal law cases in the Tennessee courts during the past year have dealt with matters of procedure. The basic principles derived from these cases are treated in the Procedure and Evidence article of this 1954 Survey.' However, those cases of especial interest and significance will be considered here in somewhat greater detail. In addition to procedural matters there were a few cases which turned on concepts basic in the substantive law of crimes.
Substantive Law
Homicide: Tennessee has enunciated and followed a rule which states that driving an automobile while intoxicated is an act malum in se, …
Some Developments In The Law Concerning Confessions, William Wicker
Some Developments In The Law Concerning Confessions, William Wicker
Vanderbilt Law Review
Our system of administering criminal laws is predicated upon accusatorial rather than inquisitorial proceedings. To maintain inviolate the safeguards consonant with this principle, we have placed upon the State an ever-increasing burden in proving the commission of the crime charged. That this burden has begun to weigh heavily, and perhaps onerously, becomes unmistakably evident from a study of recent developments in the law of confessions.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Automobiles--Family Purpose Doctrine--Automobile Owned by other than Head of Family
Contracts--Effect of Illegality--Recover Where No Moral Turpitude involved and Purpose of Statute Not Violated
Corporations--Liability of Officer to Creditors for Excessive Salary--Burden of Proof on Defendant to Show Reasonableness
Criminal Law--Proximate Cause--Responsibility for Death Due to Acts of Persons Opposing a Felony
Criminal Law--Violation of the Mann Act--Actual Transportation Entirely within a Single State
Evidence--Confidential Communications between Spouses--Admissibility of Testimony as to Conduct of Party Spouse
Insurance--Commercial--Radius Endorsement in Automobile Insurance--Effect of Breach after Return to Designated Area
Personal Property--Finding Lost Goods--Chambermaid's Right to Goods Found by Her …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Assault and Battery--Injury Sustained in Prize Fig
==============================
Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction
==============================
Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional
==============================
Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants
==============================
Criminal Procedure--Use of Jury Primer Prior to Trial
==============================
Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission
==============================
Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony
==============================
Interstate Commerce--Sherman Act--Applicability to Organized Baseball
==============================
Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …
Book Review. Underhill, H. C., A Treatise On The Law Of Criminal Evidence, Jerome Hall
Book Review. Underhill, H. C., A Treatise On The Law Of Criminal Evidence, Jerome Hall
Articles by Maurer Faculty
No abstract provided.