Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Interstate Legal Services and the Unauthorized Practice of Law

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Conflict of Laws--New York Public Policy Permits Enforcement of Foreign Gambling Obligation

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Conscientious Objectors--Universal Military Training and Service Act--Supreme Court Test of"Belief In A Relation to A Supreme Being

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Constitutional Law--Abatement of Convictions Occurring Prior to Passage of Civil Rights Act of 1964

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Escheats--Disputes Between States Concerning Unclaimed Corporate Obligations

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Labor Law--Failure To Bargain--Employer Required To Bargain With Respect to His Proposal To Contract Out Work

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Professions--Canon Twenty of the Canons of Professional Ethics Interpreted To Ban Statements to News Media

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Taxation--Corporate Income Taxation--Merger …

Torts -- 1964 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

As usual, the Tennessee appellate courts decided a considerable number of tort cases last year, covering a wide variety of problems.There were no striking new developments. In fact, the two decisions which were awaited by the profession with the greatest interest, Kyker v. General Motors Corporation' and Texas Tunneling Co. v. City of Chattanooga, tend to slow down some modem developments. In the Kyker case, it was indicated that manufacturers are not yet strictly liable in Tennessee, at least on warranty grounds, without privity of contract. In the Texas Tunneling case, a federal court undertaking to apply Tennessee law placed …

Noise And The Law, George A. Spater

Michigan Law Review

For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.

Equity -- 1964 Tennessee Survey, W. W. Garrett

Vanderbilt Law Review

In 1956 in the case of Langford v. Vanderbilt University, the Tennessee Supreme Court recognized the existence of a common law right of privacy. The Court of Appeals, Western Division, in Kyritsis v. Vieron, now holds that injunction does not lie to protect a personal right. The suit arose in the chancery court of Shelby County. Complainant alleged he was pastor of the Saint George's Greek Orthodox Church affiliated with the Greek Orthodox Church of North America and Canada, and that defendant was pastor of the Church of the Annunciation affiliated with the Greek Orthodox Archdiocese of North and South …

Torts -- 1964 Tennessee Survey, Dix W. Noel

Vanderbilt Law Review

As usual, the Tennessee appellate courts decided a considerable number of tort cases last year, covering a wide variety of problems.There were no striking new developments. In fact, the two decisions which were awaited by the profession with the greatest interest, Kyker v. General Motors Corporation' and Texas Tunneling Co. v. City of Chattanooga, tend to slow down some modem developments. In the Kyker case, it was indicated that manufacturers are not yet strictly liable in Tennessee, at least on warranty grounds, without privity of contract. In the Texas Tunneling case, a federal court undertaking to apply Tennessee law placed …

Federal Law Held To Govern Effect Of The Release Of A Joint Tortfeasor In Private Antitrust Suit-Winchester Drive-In Theatre, Inc. V. Twentieth Century Fox Film Co., Michigan Law Review

Michigan Law Review

Private antitrust litigation occasionally raises the question of whether state or federal law should be applied to determine the effect of the release of a joint tortfeasor. When federal law is applied, as it was in Winchester Drive-In Theatre, Inc. v. Twentieth Century-Fox Film Co., there remains the necessity of formulating a rule of federal law, since there appears to be no established federal rule governing releases in antitrust suits.

Judgment Against Insured Is Conclusive Proof Of Amount Of Claim Against Dissolved Insurer- Commonwealth Ex Rel. Woodside V. Seaboard Mut. Cas. Co., Michigan Law Review

Michigan Law Review

Plaintiffs, injured in an automobile accident, brought suits against an insured taxicab company. Before the case came to trial, the insurance commissioner found the insurer insolvent. In a separate proceeding he obtained a court order dissolving the insurer, enjoining the prosecution of any legal action against the insurer's assets, and providing for the filing of proof of claims with the insurance commissioner. The insurer's attorney, who had entered an appearance on behalf of the taxicab company, withdrew, and in an undefended action the plaintiffs recovered judgments against the cab company totalling nineteen thousand dollars. Unable to obtain execution on these …

The Qualitative Governmental Interest Analysis: New York's Conflict Of Laws Rules In Transition-George V. Douglas Aircraft , Co., Michigan Law Review

Michigan Law Review

The traditional choice of law rule for torts is that the law of the place of wrong is determinative of all substantive issues. This rule has been frequently criticized and has been rejected by the Restatement (Second), Conflict of Laws, and by a few courts, particularly those of New York. The successor to the traditional approach, however, has not been determined. Under the view of the Restatement (Second), the applicable substantive law is that law of the state which has the most significant relationship with the occurrence and with the parties. Although a qualitative approach would seem possible under …

The Director's Liability For Negligence, Richard B. Dyson

Indiana Law Journal

No abstract provided.

Negligently Inflicted Mental Distress: The Question Of Bystander Recovery, Paul T. Murray

Buffalo Law Review

No abstract provided.

Debt Collection Torts, Charles E. Hurt

West Virginia Law Review

No abstract provided.

Torts--A Comparison Of Unauthorized Embalming And Unauthorized Autopsy, John Payne Scherer

West Virginia Law Review

No abstract provided.

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …

In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins

Michigan Law Review

A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …

Punitive Damage Liabality Of Municipal Corporations

Washington and Lee Law Review

No abstract provided.

Municipal Liability For Police Dog Bites

Washington and Lee Law Review

No abstract provided.

Recovery For Injury Causing Death Of Unborn Child

Washington and Lee Law Review

No abstract provided.

Jurisdiction Under "Long-Arm" Statute Over Breach Of Warranty Actions

Washington and Lee Law Review

No abstract provided.

Experience Or Reason: The Tort Theories Of Holmes And Doe, John P. Reid

Vanderbilt Law Review

Oliver Wendell Holmes is credited with awakening the American bar to the utility of tort theory. The author here emphasizes the contributions to tort theory made by a Chief Justice of the New Hampshire Supreme Court, Charles Cogswell Doe, during the latter half of the nineteenth century and compares and contrasts the tort theories of Holmes and Doe through analysis of the judicial opinions and other writings of each man.

The Unborn Plaintiff, David A. Gordon

Michigan Law Review

It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.

Passenger Carrier's Liability Extended Beyond Its Own Line By Ticket Sale Transaction--Ephraim V. Safeway Trails, Inc., Michigan Law Review

Michigan Law Review

Plaintiff, a Negro woman, purchased a roundtrip bus ticket in New York City for travel between there and Montgomery, Alabama. The ticket was sold by defendant, an interstate common carrier licensed to do business in New York, and consisted of a strip of coupon tickets, each good for a separate portion of the journey over the lines of defendant and other independent carriers. Printed on the back of each coupon was a clause limiting defendant's liability to its own line.1 Defendant received a ten per cent commission on those connecting tickets it sold for the other lines, and on the …

Torts - Landlord's Liability - Liability Of Landlord To Trespassing Child For Failure To Repair. Gould V. Debeve, 330 F.2d 826 (D . C. Cir. 1964), D. Barry Hill

William & Mary Law Review

No abstract provided.

Torts - Damages - Negligent Injury To Husband Does Not Give Wife Action For Loss Of Consortium. Rush V. Great American Ins. Co., 376 S.W.2d 454 (Tenn. 1964), James L. Tucker

William & Mary Law Review

No abstract provided.

Torts - Doctrine Of Attractive Nuisance - Damages Recoverable By Trespassing Child In Absence Of Entrapment Or Allurement. Taylor V. Alaska Rivers Nav. Corp., 391 P.2d 15 (Alaska 1964), Gus James Ii

William & Mary Law Review

No abstract provided.

Torts - Charitable Immunity, Irving M. Portnoy, Frank A. Mysliwiec

Duquesne Law Review

The long-settled doctrine of charitable immunity for hospitals was abolished by the Pennsylvania Supreme Court.

Flagiello v. The Pennsylvania Hospital, ___Pa. ___ A.2d ___(1965).

Automobile Products Liability Litigation, Harry M. Philo

Duquesne Law Review

Less than two years after the 1961 Pontiac Tempest was introduced to the public, the General Motors Corporation was faced with more than one hundred and fifty product liability cases arising from the defective design of the front-end main cross member. With the knowledge that numerous accidents had occurred as a direct result of the car being suspended on railroad tracks, manhole covers, tree stumps, and trolley tracks, the manufacturers were forced to redesign the model before the test year had ended. However, by June of 1965, General Motors again found itself a party to at least one hundred and …

Torts - Illegitimacy - Negligence - To Cause One To Be Born Into The World As A Bastard Is A Wrongful Act, Charles J. Weyandt

Duquesne Law Review

Where breach of a foreseeable duty is the proximate cause of damages a claimant is entitled to a trial.

Williams v. State of New York, 46 Misc. 2d 824, 260 N.Y.S.2d 953 (1965).

A bastard child is entitled to an equal start in life, although it has not yet been determined how much this will cost. The New York Court of Claims sustained an infant's cause of action for negligence, where the only damages alleged were the consequences of bastardy. The child was conceived as a result of a sexual assault upon her mother, a patient in a state …

Torts - Parental Immunity, Carl J. Sauer

Duquesne Law Review

New Hampshire has now joined the trend toward the abolition of the parental immunity doctrine.

Dean v. Smith, ___ N.H. ___, 211 A.2d 410 (1965).

Governmental Immunity From Tort Liability: Pennsylvania's Trend Toward Abolition, John W. Latella

Duquesne Law Review

The doctrine of governmental immunity from tort liability historically stems from the concept that "the King can do no wrong," and that a vassal could not be heard to complain against his master.

Strict Tort Liability In Automobile Liability Legislation, William M. Hoffman

Duquesne Law Review

The assault upon the citadel, having proceeded apace for 35 years, has achieved spectacular victory. Strict liability in tort as a remedy for the manufacture and sale of defective products has won the day. Once applied only in the food and beverage area, strict liability is now being applied to consumer products of every type, and the Restatement reflects this strong judicial trend. It is difficult to speculate as to the impact strict liability will have on the various industries to which it is now being applied. Not enough cases have been decided in any particular area to elicit any …