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Articles 1381 - 1408 of 1408
Full-Text Articles in Law
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin
Faculty Scholarship
Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …
Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk
Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk
Faculty Scholarship
No abstract provided.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin
Faculty Scholarship
Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
Faculty Scholarship
According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …
Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld
Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld
Faculty Scholarship
An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.
Tax Treatment Of Covenants Not To Compete, Michael Madison
Tax Treatment Of Covenants Not To Compete, Michael Madison
Faculty Scholarship
No abstract provided.
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus
Faculty Scholarship
This article considers case law relating to state actors and the racist practices of labor unions.
Electoral College - Its Defects And Dangers, The, John D. Feerick
Electoral College - Its Defects And Dangers, The, John D. Feerick
Faculty Scholarship
In a few months we will witness the operation of the electoral college system of electing the President and Vice President of the United States. Due partly to the appearance of George C. Wallace's American Independent Party,' the 1968 election could be decided in the House of Representatives, where each state has one vote regardless of its population. The election seems certain to point up the perils in our present system. Although our system of electing the President is now under scrutiny by Congress, reform does not appear imminent. As in the case of presidential inability, a tragedy or near …
Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld
Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld
Faculty Scholarship
Before the Uniform Commercial Code, a second secured party could not perfect his interest over a prior unperfected interest if he had knowledge of that prior interest. The Code, in contrast, promulgates a basic "first-to-file" priority rule in section 9-312(5). In this sharp departure from prior law, the knowledge factor is omitted. Other sections of Article 9, however, allude to certain aspects of the pre-Code knowledge requirements. Mr. Felsenfeld analyses the difficulties and incongruities which may arise from this lack of explicitness with regard to knowledge of prior security interests. He concludes that the courts may and should reconcile such …
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo
A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo
Faculty Scholarship
No abstract provided.
Vice Presidential Succession: In Support Of The Bayh-Celler Plan , John D. Feerick
Vice Presidential Succession: In Support Of The Bayh-Celler Plan , John D. Feerick
Faculty Scholarship
In the April, 1965, issue of the South Carolina Law Review there appeared an article by Professor George D. Haimbaugh, Jr., entitled "Vice Presidential Succession: A Criticism of the Bayh-Cellar [sic] Plan."' Professor Haimbaugh sought to demonstrate what he claimed was the "unreality" of certain arguments advanced in favor of the vice presidential succession feature of the proposed twenty-fifth amendment to the Constitution. The arguments to which he addressed himself were "that this constitutional change is urgently needed, that the presidential initiative is necessary to insure continuity of executive policy, and that the requirements of congressional ratification will secure a …
Some Ruminations About Remedies In Consumer-Credit Transactions , Carl Felsenfeld
Some Ruminations About Remedies In Consumer-Credit Transactions , Carl Felsenfeld
Faculty Scholarship
The draftsmen of the Uniform Consumer Credit Code (herein- after the Credit Code) have thus far directed most of their time and effort to establishing a permissive pattern within which creditors give and debtors receive credit. Spokesmen for both sides, as well as distinguished neutral parties, have carefully described the terms under which credit may be granted, the rates that may be charged, and many other elements of the credit transaction. These statutory requirements will significantly influence the size and scope of the debtor community and will undoubtedly set the future pattern for consumer-credit transactions. Thus, these permissive, or authorizing, …
Legal Professions Of Italy, Joseph Perillo
Proposed Amendment On Presidential Inability And Vice-Presidential Vacancy, John D. Feerick
Proposed Amendment On Presidential Inability And Vice-Presidential Vacancy, John D. Feerick
Twenty-Fifth Amendment Articles
In 1965, Congress submitted to the states a constitutional amendment to remedy a glaring flaw in the Constitution: the absence of comprehensive procedures for presidential succession and inability and vice-presidential vacancy. This Article, written shortly after Congress proposed the Twenty-Fifth Amendment, sets forth the text of the proposed amendment and explains the thinking of it sponsors.
Presidential Succession And Inability, Committee For Economic Development. Research And Policy Committee
Presidential Succession And Inability, Committee For Economic Development. Research And Policy Committee
Reports
Publication argues for the ratification of the Twenty-Fifth Amendment. Includes dissenting opinions.
(Case Note) “Constitutional Law - Legislative Freedom Of Speech - Constitutional Privilege Available To Congressman Charged With Bribery, Michael W. Martin
(Case Note) “Constitutional Law - Legislative Freedom Of Speech - Constitutional Privilege Available To Congressman Charged With Bribery, Michael W. Martin
Faculty Scholarship
No abstract provided.
The Regional Approach To Planning, Michael W. Martin
The Regional Approach To Planning, Michael W. Martin
Faculty Scholarship
No abstract provided.
Presidential Inability: The Problem And A Solution, John D. Feerick
Presidential Inability: The Problem And A Solution, John D. Feerick
Twenty-Fifth Amendment Articles
This Article argues for a constitutional amendment to resolve the gaps and ambiguities in the Constitution’s original provisions for presidential inability and succession. It outlines the problems and notes presidential inabilities in the past. The Article endorses the consensus proposal for a constitutional amendment worked out by the panel of experts convened by the American Bar Association in January 1964 and later adopted by the ABA House of Delegates as the proposal of the Association.
Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick
Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick
Faculty Scholarship
On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …
Selected Forum Agreements In Western Europe, Joseph Perillo
Selected Forum Agreements In Western Europe, Joseph Perillo
Faculty Scholarship
No abstract provided.
Authority Of The President Over Corporate Litigation: A Study In Inherent Agency, The , Roger J. Goebel
Authority Of The President Over Corporate Litigation: A Study In Inherent Agency, The , Roger J. Goebel
Faculty Scholarship
It is a traditional rule of corporate law that the board of directors exercises plenary power over corporate management. In fact, however, the twentieth century has witnessed a decided shift of the functional center of authority to the corporate officers. Although a basic residuum of authority remains in the board of directors, the officers, especially the president, in the majority of corporations exercise the day-to-day control of corporate affairs; In practice the modern corporation is occasionally directed by a general manager, but more often by the president (or perhaps, to use a mode currently in vogue for large public- issue …
Reconstructing The Roman Law Of Real Security , Roger J. Goebel
Reconstructing The Roman Law Of Real Security , Roger J. Goebel
Faculty Scholarship
The essential idea of real security is that the debtor transfer to the creditor a possessory interest in a specific item or aggregate of property, chattel or realty, to serve as security for the loan. There are four possible generic types: (1) the debtor vests both ownership and possession of the property in the creditor, subject to a personal obligation to reconvey on repayment; (2) the debtor vests ownership in the creditor, but retains possession of the property by leave of the creditor; (3) the debtor retains ownership of the property, but grants possession irrevocably to the creditor until repayment …
Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap
Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap
Faculty Scholarship
Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …
Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel
Family Law 1960 Survey Of New York Law: Part Four--Torts And Family Law, Roger J. Goebel
Faculty Scholarship
This year was one of quiet evolution rather than of substantial progress in the area of family law. The event having the greatest effect on the average citizen was undoubtedly the raising of the marriage license fee in New York City to three dollars. The most noteworthy of the other minor legislative changes were an egalitarian enactment forbidding wives from contracting to abrogate their duty of support of incapacitated husbands and an authorization of resident parole centers for paroled juvenile delinquents whose home life is inadequate .
Conflicts Of Law: Trusts: Jurisdiction Over Foreign Testamentary Trusts, Joseph Perillo
Conflicts Of Law: Trusts: Jurisdiction Over Foreign Testamentary Trusts, Joseph Perillo
Faculty Scholarship
No abstract provided.
Federal Practice: Diversity Of Citizenship: Federal Court's Power To Disregard Old Decisions Of Highest State Court, Joseph Perillo
Federal Practice: Diversity Of Citizenship: Federal Court's Power To Disregard Old Decisions Of Highest State Court, Joseph Perillo
Faculty Scholarship
No abstract provided.
Antitrust Laws: Tying Agreements: Newspaper Unit Advertising Contracts, Joseph Perillo
Antitrust Laws: Tying Agreements: Newspaper Unit Advertising Contracts, Joseph Perillo
Faculty Scholarship
No abstract provided.