Law Commons^™

Framework For Analysis Of Products Liability In Montana,, Carl W. Tobias, William A. Rossbach

Law Faculty Publications

This article seeks to serve the needs of the Montana bench and bar by addressing the issues likely to be raised in products liability litigation. It will describe the history of products liability nationally and in Montana and will analyze major issues by examining current directions in case law. Finally, it will offer a framework for legal analysis of products liability to assist courts and counsel in avoiding some of the pitfalls encountered in development of products liability in other jurisdictions.

An Attack On The Optimum Marital Deduction: Revenue Ruling 76-176, J. Rodney Johnson

Law Faculty Publications

A recent development in the field of estate and gift taxation-the issuance of Revenue Ruling 76-156 may be an indication of a policy decision on the part of the Internal Revenue Service to clamp down on the increasing utilization of the estate planner's most flexible tool in the ·area of post-mortem estate planning-the disclaimer. Due to the potential importance of this ruling, it seems desirable ( 1 ) to deal with the ruling, itself, in some detail, ( 2) to see how the ruling might affect an estate planning concept suggested in these pages last year, and ( 3) to …

Article V Returns Under The Interstate Compact On Juveniles, Adrienne Volenik

Law Faculty Publications

The Interstate Compact on Juveniles provides the means by which a juvenile escapee or absconder can be returned to his state of origin with only a minimum of difficulty. Article V of the compact, which covers this situation, provides that the person or authority from whose probation or parole supervision a delinquent youth has absconded or from whose institutional custody he has escaped can make a written request for his return to the appropriate court or executive authority of the state where the youth is allegedly located.

Drafting For The Optimum Marital Deduction, J. Rodney Johnson

Law Faculty Publications

While the marital deduction provided for by federal estate tax law may not necessarily be the controlling factor in planning the will of a married person, it is certainly one of the most important factors because of the sheer magnitude of this deduction up to 50% of the adjusted gross estate. A direct consequence of this importance is reflected in the fact that the marital deduction has become the most written-about topic in the estate planning area. Most of what has been written about this subject can be divided into the two following categories: ( 1 ) an explanation of …

A Single-Trust Marital Deduction Will, J. Rodney Johnson

Law Faculty Publications

This article will offer a basic form that can be easily altered to respond to the needs of many clients who have a moderate estate and wish to take advantage of the estate tax marital deduction. For purposes of discussion, it will be assumed that the estate is $250,000 or less and that the client has expressed the following: "I want my wife to have all of the income from my property throughout her life and then the property should pass to my children. In the event that the income from my property is insufficient to meet my wife's needs, …

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Simplifying The Martial Deduction Will, J. Rodney Johnson

Law Faculty Publications

One of the basic tenets of estate planning declares that there is no such thing as a typical estate and therefore there can be no such thing as a typical estate plan. Emphasis is placed on the unique character of each case and the positive need to tailor the plan to fit the client's total situation. Accepting the validity of the foregoing, however, does not mean that one must start from scratch in each case. Instead, the attorney who is trying to pare repetitious work to a safe minimum might develop a solution to the problem by having a series …

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.

Expungement Of Arrest Records, Adrienne Volenik

Law Faculty Publications

Contrary to the philosophy of the juvenile court, it is undoubtedly a rare occasion when a child benefits from his exposure to the juvenile court system. Even when a child is actually rehabilitated by the process, the invidious effects that flow from being labeled a "juvenile delinquent" may serve to negate any benefit that he may have received. Perhaps the most unjustifiable of all side effects is the stigma that attaches to a child who has been arrested and subsequently either released without prosecution or acquitted. In a society that espouses the idea that an individual is innocent until proven …

Notice In Juvenile Delinquency Proceedings, Adrienne Volenik

Law Faculty Publications

Despite these suggestions, the problem of what constitutes adequate notice continues to plague juvenile courts. Furthermore, by suggesting two criminal and two civil cases as examples, the Court added the issue of whether a civil or a criminal standard for notice should be applied. Courts that have addressed this issue have reached different conclusions.

Bankruptcy Lien Invalidation: Role Of Recordation, David G. Epstein

Law Faculty Publications

Congress is currently considering new bankruptcy legislation. To date, its focus has been on two bills, one prepared by the National Commission on Bankruptcy Laws, the other by the National Conference of Bankruptcy Judges. Both bills call for substantial changes in present bankruptcy practices. Affirmative action on some combination of the two now seems likely. It appears that Congress soon will, for the first time in 77 years, comprehensively revise bankruptcy law. Accordingly, this is an appropriate time to examine closely basic bankruptcy concepts and policies. This article will deal with one very specific topic: the effect of recordation on …

The Equity Side Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The purpose of this book is to place the equity side of the exchequer into its historical, institutional, and legal perspective. It is to discover its administrative procedures arid to determine how far its judicial procedures in the sixteenth and seventeenth centuries were the same as those of the other courts of equity. It is to produce an outline of the procedures and an introduction to the records of the jurisdiction for those who may wish to work in the same field but to dig deeper.

The Virginia Magistrate System, Ronald J. Bacigal

Law Faculty Publications

In Colonial Virginia the Justice of the Peace was in many respects the local governing authority. His powers ranged from the trial of criminal cases to the supervision of the building of warehouses and courthouses; the licensing of ferries; and the regulation of the legal and medical professions.

The powers of the Justice of the Peace gradually dwindled in favor of the courts and other local officials, until the Justice of the Peace system was finally abolished in 1974, and replaced with the Magistrate system.

The present day magistrate performs many purely clerical functions, but he also retains important judicial …

A Theory Of Respect, Richard Stith

Law Faculty Publications

To understand and to describe the feeling we call "respect" is the purpose of this thesis. Relying primarily upon the method of phenomenology, the contours of this often. invoked moral feeling are developed and a pattern and structure are therein discerned.

General issues of methodology as well as specific problems of access to the phenomenon of respect are first considered. Respect for persons qua persons is eschewed as a focus~ in order that our analysis not become excessively entangled in the nature of personhood. Rather, we turn to those particular individuals for whom we each have at some time felt …

Criminal Law And Procedure Eleventh Survey Of Florida Law - Part Four, David Frisch

Law Faculty Publications

This survey is a continuation of previous articles on the topic of Florida criminal law and procedure.

Studien Zur Europaischen Rechtsgeschichte, William Hamilton Bryson

Law Faculty Publications

Notice of Studien zur europaischen Rechtsgeschichte

Warrantless Search Of A College Dormitory, Ronald J. Bacigal

Law Faculty Publications

Student Conduct is as much a part of the collegiate experience as intellectual pursuit, and regulation of student conduct has been a concern of university officials for as long as there have been students and universities. Until the 1960s the courts had few occasions to concern themselves with the regulation of student conduct; and, university officials were free to take any action short of action that was arbitrary and capricious. University officials were deemed to stand in loco parentis and thus could make and enforce any regulation for the physical training, moral enrichment, and betterment of their pupils that a …

Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch

Law Faculty Publications

An analysis on a worker's compensation case decided by the Supreme Court of Florida.

The Problem Method Adapted To Case Books, William Hamilton Bryson

Law Faculty Publications

Although it is obvious that the teaching style of every successful academic must be the product of his own personality and experience, I do, nevertheless, believe that the exchange of ideas on the subject of legal education is constructive. It may suggest ways to make minor changes and thereby to improve one's own methods or approaches. Therefore, I present here some thoughts on the Socratic method of teaching law and the results of my own experimentation with cases as problems for classroom debate. This approach has been successful for me, and it is my hope that these ideas may be …

A Note On Robinson's Brief Collection Of ... Courts Of Records, William Hamilton Bryson

Law Faculty Publications

IN 1953 R. L. Rickard edited for the Camden Miscellany a short tract by Richard Robinson which describes briefly the various English courts of law as they were at the end of the sixteenth century: 'A Briefe Collection of the Queenes Majesties Most High and Most Honourable Courtes of Recordes.' In addition to the three manuscript copies which Rickard mentioned in his preface, fourteen others have recently been identified of which he appears to have been unaware. Since one of these is more complete and several are more interesting than the copy which was edited, a short note is required …

Disclaimers As An Estate Planning Tool, J. Rodney Johnson

Law Faculty Publications

Most lawyers are familiar with the importance and function of post-mortem estate planning. This article will focus on one tool that is being used with ever increasing frequency in all phases of the post-mortem estate planning process- the disclaimer.

Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Although this article is intended as a summary of the Uniform Probate Code's provisions in the area of multiple-party accounts. it may be at least sufficient to suggest the much-needed certainty and uniformity which the UPC will bring to a confused and confusing area of the law. The beneficiaries of this advance will be the public, who will have another alternative to probate in appropriate cases, and financial institutions, who will have another service to market. For these reasons it is suggested that the banking community will want to lend its enthusiastic support when the UPC is introduced into any …

Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Litigation involving the survivorship rights of parties to joint accounts has been before the Supreme Court of Virginia on ten occasions since 1955. These ten cases, plus one older one, constitute all of Virginia's case law on this subject. Instead of attempting a chronological analysis of the development of this case law, it is proposed to state such rules as now exist and compare them with the results that would be obtained under the new Uniform Probate Code. In addition, attention will be focused on the statutes that deal with the rights of parties and financial institutions in deposit accounts …

Inheritance Rights Of Children In Virginia, J. Rodney Johnson

Law Faculty Publications

The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger problem area without always taking into account the "spin-off' effect that their particular legislation might have on all of the other sections dealing with the succession rights of children, it is not surprising to find that there …

A Letter Of Lewis Burwell To James Burrough, July 8, 1734, William Hamilton Bryson

Law Faculty Publications

Not long ago while rummaging through the record office in Bury St. Edmunds, I came across a letter 1 from Lewis Burwell (1710-1756) of Gloucester County, Virginia, to James Burrough (1691-1764), his cousin and former tutor at Gonville and Caius College, Cambridge, which sheds some light upon the Burwell family and the education of colonial Virginians in the mother country.

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson

Law Faculty Publications

The equity side of the court of exchequer "is by far the most obscure of all the English jurisdiction," declared Plucknett. The purpose of this essay is to shed some light upon this court and to explore its jurisdiction, to introduce its staff, to discover its procedures, to explain its equity records, and perhaps to render Plucknett's statement obsolete.

William Senior (1862-1937), Legal Historian, William Hamilton Bryson

Law Faculty Publications

Upon receiving from Clare College, Cambridge, a William Senior scholarship to continue my studies in legal history, I enquired about the man whose generosity was being extended to me. No one knew anything about him. Therefore, I collected the information for this short piece as much out of curiosity as piety. Having done so, I discovered a legal historian and scholar of moderate proportions who does not deserve such complete neglect. Had he been a teacher or a politician, my efforts might have been rewarded by the discovery of more personal information about the man himself. As it is, very …

Review Of The High Court Of Delegates, William Hamilton Bryson

Law Faculty Publications

A book review on The High Court of Delegates by G. I. 0. Duncan.

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

Law Faculty Publications

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia. This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …