Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 62

Full-Text Articles in Law

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub Dec 1961

Torts--Statutes Of Limitations--Malpractice Actions Involving Objects Left In Surgical Patients, Aaron David Trub

West Virginia Law Review

No abstract provided.


Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula Dec 1961

Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula

West Virginia Law Review

No abstract provided.


Criminal Responsibility To Determine Insanity--The Model Penal Code Test Emerges From The Currently Existing Tests, James William Sarver Dec 1961

Criminal Responsibility To Determine Insanity--The Model Penal Code Test Emerges From The Currently Existing Tests, James William Sarver

West Virginia Law Review

It is a matter of general knowledge that insanity is a defense to a criminal act. "A man's act does not make him guilty unless his mind also is guilty." No person can be criminally responsible for a crime unless he is sane at the time the offense is committed. In this discussion, the degree of criminal responsibility requisite to determine sanity, at the time of the alleged offense, is of prime importance. There are also certain safeguards in the law protecting the insane from trial and punishment, if insanity appears prior to trial or sentencing; although these phases of …


State Versus Federal Jurisdiction And Control Over Admission And Discipline Of Attorneys, Esdel Beane Yost Dec 1961

State Versus Federal Jurisdiction And Control Over Admission And Discipline Of Attorneys, Esdel Beane Yost

West Virginia Law Review

No abstract provided.


The Thrust Of Tort Law Part I: The Influence Of Environment, Leon Green Dec 1961

The Thrust Of Tort Law Part I: The Influence Of Environment, Leon Green

West Virginia Law Review

No abstract provided.


An Introduction To The Uniform Commercial Code Dec 1961

An Introduction To The Uniform Commercial Code

West Virginia Law Review

No abstract provided.


The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen Dec 1961

The Uniform Commercial Code Sales Article Compared With West Virginia Law Part I, Willard D. Lorensen

West Virginia Law Review

The adoption of the Uniform Commercial Code in West Virginia would provide for the first time in the history of this state a general legislative venture into the field of sales law. Court-made common law is the present source of sales law, and typical of the common law, a very uneven pattern is found. Precedents pile up at certain points while numerous other questions float in an absolute void of authority. The major portion of this study, composed of a section by section analysis of the sales article, contrasts time and again the thoroughness and detail of the Code against …


Constitutional Law--Police Power--Regulation Of Junk Yards, Herbert Stephenson Boreman Jr. Dec 1961

Constitutional Law--Police Power--Regulation Of Junk Yards, Herbert Stephenson Boreman Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--Sunday Closing Laws--Validity Sustained, Forest Jackson Bowman Dec 1961

Constitutional Law--Sunday Closing Laws--Validity Sustained, Forest Jackson Bowman

West Virginia Law Review

No abstract provided.


Constitutional Law--Unlawful Search And Seizure--Evidence Obtained Thereby Not Admissible In State Courts, John Templeton Kay Jr. Dec 1961

Constitutional Law--Unlawful Search And Seizure--Evidence Obtained Thereby Not Admissible In State Courts, John Templeton Kay Jr.

West Virginia Law Review

No abstract provided.


Income Tax--Deductions--Loans By Employee To Corporation Deductible As Business Bad Debts, David Mayer Katz Dec 1961

Income Tax--Deductions--Loans By Employee To Corporation Deductible As Business Bad Debts, David Mayer Katz

West Virginia Law Review

No abstract provided.


Income Tax--Embezzled Funds Represent Taxable Income, John Everett Busch Dec 1961

Income Tax--Embezzled Funds Represent Taxable Income, John Everett Busch

West Virginia Law Review

No abstract provided.


Future Interests--Rules Against Perpetuities--Construction Of Interest As Vested Or Contingent, Nick George Zegrea Dec 1961

Future Interests--Rules Against Perpetuities--Construction Of Interest As Vested Or Contingent, Nick George Zegrea

West Virginia Law Review

No abstract provided.


Inheritance Tax--Tax On Specific Bequests--"Tax On A Tax Ad Infinitum" Held Proper, Robert Glenn Steele Dec 1961

Inheritance Tax--Tax On Specific Bequests--"Tax On A Tax Ad Infinitum" Held Proper, Robert Glenn Steele

West Virginia Law Review

No abstract provided.


Workmen's Compensation--Rights Of Claimant Whose Injuries Were The Result Of "Horseplay", Charles Henry Rudolph Jr. Dec 1961

Workmen's Compensation--Rights Of Claimant Whose Injuries Were The Result Of "Horseplay", Charles Henry Rudolph Jr.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


Income Tax--Transactional Entered Into For Profit--Proper Basis For Computing Deductible Loss, Aaron David Trub Jun 1961

Income Tax--Transactional Entered Into For Profit--Proper Basis For Computing Deductible Loss, Aaron David Trub

West Virginia Law Review

No abstract provided.


The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr. Jun 1961

The Ethical Problem In The Representation Of Union Members By Union Attorneys, Herbert Shelton Sanger Jr.

West Virginia Law Review

No abstract provided.


Implied Warranty And The Sale Of Restaurant Food, Orton Alan Jones Jun 1961

Implied Warranty And The Sale Of Restaurant Food, Orton Alan Jones

West Virginia Law Review

No abstract provided.


Municipal Corporations--Violation Of Municipal Ordinance--Liability Of Abutting Owners And Occupants Of Street And Sidewalks, Arthur Mark Recht Jun 1961

Municipal Corporations--Violation Of Municipal Ordinance--Liability Of Abutting Owners And Occupants Of Street And Sidewalks, Arthur Mark Recht

West Virginia Law Review

No abstract provided.


Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen Jun 1961

Recent Supreme Court Decisions On Arbitration: An Arbitrator's View, Saul Wallen

West Virginia Law Review

No abstract provided.


Bank Liability For Arrest Of Depositor Upon Wrongful Dishonor Of Check, William O. Morris Jun 1961

Bank Liability For Arrest Of Depositor Upon Wrongful Dishonor Of Check, William O. Morris

West Virginia Law Review

No abstract provided.


Laying A Foundation For The Introduction Of Secondary Evidence In West Virginia, Wallace Everett Maloney Jun 1961

Laying A Foundation For The Introduction Of Secondary Evidence In West Virginia, Wallace Everett Maloney

West Virginia Law Review

No abstract provided.


Constitutional Law--Public School Desegregation--Pupil Placement Plan, Robert Glenn Lilly Jr. Jun 1961

Constitutional Law--Public School Desegregation--Pupil Placement Plan, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.


Constitutional Law--West Virginia Better Schools Amendment--Legislative Extension Unconstitutional, Frederick Luther Davis Jr. Jun 1961

Constitutional Law--West Virginia Better Schools Amendment--Legislative Extension Unconstitutional, Frederick Luther Davis Jr.

West Virginia Law Review

No abstract provided.


Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill Jun 1961

Damages--Torts--Punitive Denied Against Joint Tort-Feasors, Lee O'Hanlon Hill

West Virginia Law Review

No abstract provided.


Evidence--Admissibility Of Tape Recordings Where Portions Are Inaudible, John George Van Meter Jun 1961

Evidence--Admissibility Of Tape Recordings Where Portions Are Inaudible, John George Van Meter

West Virginia Law Review

No abstract provided.


Federal Courts--Jurisdictional Amounts--Legal Certainty, Esdel Beane Yost Jun 1961

Federal Courts--Jurisdictional Amounts--Legal Certainty, Esdel Beane Yost

West Virginia Law Review

No abstract provided.


Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver Jun 1961

Federal Courts--Limitations On The Use Of The Federal Declaratory Judgment Act In Determining The Validity Of Fund Transfers Under The Labor Management Relations Act, James William Sarver

West Virginia Law Review

No abstract provided.


Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton Jun 1961

Labor Law--Arbitration--Court Determination Whether Grievance Is Within Agreement To Arbitrate, William Warren Upton

West Virginia Law Review

No abstract provided.