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Articles 21421 - 21450 of 21551
Full-Text Articles in Law
The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart
The Postal Fraud Statutes: Their Use And Abuse, Frederick M. Hart
Faculty Scholarship
Mr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality.
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
"Public Policy" In The Conflict Of Laws, Monrad G. Paulsen, Michael I. Sovern
Faculty Scholarship
In deciding a conflict of laws question, a judge will sometimes say, "The foreign law ordinarily applicable will not be applied in this case because to do so would violate our public policy." The textwriters, language in the cases, and the Restatement agree: the "normal" operation of choice of law rules is subject to a "public policy" limitation. This paper is an attempt to explore the meanings and significance of "public policy," used in this general way, in the conflict of laws.
Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner
Taft-Hartley Pre-Emption In The Area Of Nlrb Inaction, Joseph R. Grodin, Matthew O. Tobriner
Faculty Scholarship
No abstract provided.
Legal Clinics And Law Students: Rocks And Cement For Better Legal Education, John S. Bradway
Legal Clinics And Law Students: Rocks And Cement For Better Legal Education, John S. Bradway
Faculty Scholarship
No abstract provided.
Notes - Admiralty-Claims Agent's Misreporentation Of Law Held Not To Vitiate Seaman's Agreement Releasing Shipowner-Thompson V. Coastal Oil Co., 218 F.2d 664 (3d Cir. 1955), Frank W. Elliott
Faculty Scholarship
Because of failure of consideration the defendant stopped payment of a check deposited with the plaintiff bank, which before receiving notice of the stop order had permitted the payee-depositor to withdraw the amount represented by the check. The trial court entered judgment for the defendant. Reversed and rendered. The court stated, inter alia, that the defendant had the burden of establishing that the bank "had not become a party thereto for value."
Notes - Conflict Of Laws-Workmen's Compensation-Constitutional Law-Receipt Of Workmen's Comensation Benefits In Domiciliary State Does Not Bar A Tor Action In State Where Injury Occurred.-Carrol V. Lanza, 75 Sup. Ct. 804 (1955), Frank W. Elliott
Faculty Scholarship
The plaintiff sued to set aside a trustee's deed in favor of the defendant. After the case was set for trial on the jury docket, the court appointed a master in chancery. The plaintiff's objections to the appointment and to the master's report were overruled and he was not allowed to submit any evidence to the court, which adopted the master's findings. Held, reversed and remanded; the court is authorized to appoint a master only in exceptional cases and for good cause, and if the plaintiff objects to the report, he is entitled to a jury trial on the …
Notes - Libel And Slander—Lis Pendens—Filing Of Lis Pendens Notice Not Privileged.—Albertson V. Raboff, 287 P.2d 145 (Cal. 1955), Frank W. Elliott
Notes - Libel And Slander—Lis Pendens—Filing Of Lis Pendens Notice Not Privileged.—Albertson V. Raboff, 287 P.2d 145 (Cal. 1955), Frank W. Elliott
Faculty Scholarship
In a prior action Raboff had sued Albertson, seeking a money judgment and either a lien on Albertson's real property or a judgment declaring that her title was obtained, in fraud of creditors. Raboff recorded a notice of pendency of this action and subsequently obtained a money judgment, but Albertson prevailed on the counts concerning the real property. In the present action, Albertson alleged that Raboff had known when he had filed his prior complaint that he had no right to an interest in her property, that he had nevertheless knowingly and maliciously asserted false claims thereto, and that by …
Notes - Banks And Banking—Bills And Notes—Rights Of Depositary Bank Against Drawer Of Check.—City State Bank V. Lummus, Frank W. Elliott
Notes - Banks And Banking—Bills And Notes—Rights Of Depositary Bank Against Drawer Of Check.—City State Bank V. Lummus, Frank W. Elliott
Faculty Scholarship
Because of failure of consideration the defendant stopped payment of a check deposited with the plaintiff bank, which before receiving notice of the stop order had permitted the payee-depositor to withdraw the amount represented by the check. The trial court entered judgment for the defendant. Reversed and rendered. The court stated, inter alia, that the defendant had the burden of establishing that the bank "had not become a party thereto for value."
Notes - Jury—Trial—Appointment And Hearing By Master Does Not Affect Right To Jury Trial.—Creglar V. Hyde, Frank W. Elliott
Notes - Jury—Trial—Appointment And Hearing By Master Does Not Affect Right To Jury Trial.—Creglar V. Hyde, Frank W. Elliott
Faculty Scholarship
The plaintiff sued to set aside a trustee's deed in favor of the defendant. After the case was set for trial on the jury docket, the court appointed a master in chancery. The plaintiff's objections to the appointment and to the master's report were overruled and he was not allowed to submit any evidence to the court, which adopted the master's findings. Held, reversed and remanded; the court is authorized to appoint a master only in exceptional cases and for good cause, and if the plaintiff objects to the report, he is entitled to a jury trial on the …
The Proof Of Paternity And The Progress Of Science, Malcolm Mcdermott
The Proof Of Paternity And The Progress Of Science, Malcolm Mcdermott
Faculty Scholarship
No abstract provided.
Criminal Investigation Under Military Law, Robinson O. Everett
Criminal Investigation Under Military Law, Robinson O. Everett
Faculty Scholarship
Since the termination of World War II military law, as it affects criminal investigation and military trials, has undergone a careful and systematic review and revision. As a consequence, investigations under it have different requirements than criminal investigations under state and federal law, and we feel especially priveleged to present Robinson O. Everett's paper on this subject. Mr. Everett is a graduate of Harvard University where he received a Bachelor of Law degree and from 1950-51 served as an assistant professor at Duke University followed by a tour of active duty with the Air Force as a legal officer. He …
The United States Court Of Military Appeals, Robinson O. Everett
The United States Court Of Military Appeals, Robinson O. Everett
Faculty Scholarship
No abstract provided.
Criminal Investigations Under Military Law, Robinson O. Everett
Criminal Investigations Under Military Law, Robinson O. Everett
Faculty Scholarship
The author served as a Commissioner of the United States Court of Military Appeals from October, 1953 until his resignation late in 1955, when he entered private law practice in Durham, North Carolina. This is the second and concluding part of his article on criminal investigation under the new Uniform Code of Military Justice and its interpretation by the Court of Military Appeals. -Editor
Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer
Enforcing Federal Supremacy: Relief Against Federal-State Regulatory Conflicts, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The Legal Aid Clinic Commodity, John S. Bradway
The Legal Aid Clinic Commodity, John S. Bradway
Faculty Scholarship
No abstract provided.
Legal Aid: Its Concept, Organization And Importance, John S. Bradway
Legal Aid: Its Concept, Organization And Importance, John S. Bradway
Faculty Scholarship
No abstract provided.
Progress In Legal Aid Clinic Work, John S. Bradway
Progress In Legal Aid Clinic Work, John S. Bradway
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.
The Accrual Of Corporate Dividends Under The Federal Estate Tax, Charles L. B. Lowndes, Robert Kramer
The Accrual Of Corporate Dividends Under The Federal Estate Tax, Charles L. B. Lowndes, Robert Kramer
Faculty Scholarship
No abstract provided.
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.
Legal Education: Extent To Which “Know-How” In Practice Should Be Taught In Law Schools, Joseph A. Mcclain Jr.
Legal Education: Extent To Which “Know-How” In Practice Should Be Taught In Law Schools, Joseph A. Mcclain Jr.
Faculty Scholarship
No abstract provided.
Book Review, Robinson O. Everett
Book Review, Robinson O. Everett
Faculty Scholarship
reviewing Walker, Military Law (1954)
Presidential Power And Aggression Abroad: A Constitutional Dilemma, William W. Schwarzer, Robert R. Wood
Presidential Power And Aggression Abroad: A Constitutional Dilemma, William W. Schwarzer, Robert R. Wood
Faculty Scholarship
No abstract provided.
A New Look At Practical Training, John S. Bradway
A New Look At Practical Training, John S. Bradway
Faculty Scholarship
No abstract provided.
Legalizing Proxy Marriages, John S. Bradway
Is Legal Education Doing Its Job? - A Reply, Joseph A. Mcclain Jr.
Is Legal Education Doing Its Job? - A Reply, Joseph A. Mcclain Jr.
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.
Extension Of Legal Aid Into Smaller Communities, John S. Bradway
Extension Of Legal Aid Into Smaller Communities, John S. Bradway
Faculty Scholarship
No abstract provided.
The Organized Bar In North Carolina, Edwin C. Bryson
The Organized Bar In North Carolina, Edwin C. Bryson
Faculty Scholarship
No abstract provided.
The Second Mile For Legal Aid Clinics, John S. Bradway
The Second Mile For Legal Aid Clinics, John S. Bradway
Faculty Scholarship
No abstract provided.