Law Commons^™

Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn

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The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …

The Interrogated Juvenile: Caveat Confessor?, Elaine W. Shoben

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No abstract provided.

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

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The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).

Book Review: Correctional Institutions (1972), Donald E. Wilkes Jr.

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Book review of CORRECTIONAL INSTITUTIONS, edited by Robert M. Carter, Daniel Glaser, and Leslie T. Wilkins (Philadelphia: J.B. Lippincott Co., 1972)

Local Legislation In Georgia: The Notice Requirement, R. Perry Sentell Jr.

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Professor Sentell's commentary concerns Georgia's efforts to curb potential abuses of local or special legislation by requiring notice of such legislation to the affected locality. After examining the ineffectiveness of the notice requirement under Georgia's Constitution of 1877, Professor Sentell focuses upon various aspects of the notice requirement under the Constitution of 1945, and concludes that despite its rather erratic history in Georgia, the notice requirement reasonably serves its purpose as a compromise between the extremes of unrestricted special legislation and no special legislation.

An Update On Federal Estate And Gift Taxation: Recent Decisions And Revenue Rulings, Verner F. Chaffin

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"Tax law is constantly evolving, never static, and always in the process of becoming something other than it was." In the following survey, Professor Chaffin brings us abreast of the latest changes in the field of estate and gift tax and gives us insight into the future direction of the law in this area.

Warrantless Searches Incident To Arrest, Joseph G. Cook

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No abstract provided.

"Body-Snatching" Reconsidered: The Exhumation Of Some Early American Legal History, Walter Hellerstein

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The "heroic age of anatomy" in America was that era, prior to the general enactment of laws legalizing the procurement of cadavers for medical purposes, during which students of medicine (as well as profit-seeking professionals) resorted to the illegal practice of "body-snatching" in order to obtain dissection material for medical studies. This period, which extended form the late seventeenth to well into the nineteenth century, was marked by frequent riots resulting from a deep-rooted public hostility towards grave-robbing and dissection. This hostility was rarely tempered by any understanding of or sympathy for the purposes for which the "resurrectionists," as they …

The Time Gap In Wills: Shifting Assets And Shrinking Estates--Obsolescence And Testamentary Planning In Georgia, Verner F. Chaffin

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If estates were static, property inalienable and assets immutable, this article would serve as nothing more than an academic exercise. However, estates grow and shrink, and the assets comprising an estate shift from one form of wealth to another. Obviously, such changes in the composition of property affected by a will can materially disrupt the testamentary plan of the decedent. In his Article Professor Chaffin investigates the effects of changes in property passing under a will and the legislative and judicial response in Georgia to the problems posed by such changes.

Comparative Broadcast Licensing Procedures And The Rule Of Law: A Fuller Investigation, Michael Botein

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Professor Botein examines the validity of Professor Fuller's widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social tasks, which Fuller had labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a problem unsuited to adjudication. Taking as his starting point Professor Fuller's criticism of the FCC -- a criticism Fuller never tested against the Commission's actual operations -- Professor Botein examines Fuller's theory of polycentricity by analyzing its contents, applying it to concrete situations, and exploring whether there exists any alternatives better than …

The Art Of Frisking, Joseph G. Cook

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No abstract provided.

Racial Discrimination In Employment: Rights And Remedies, J. Ralph Beaird

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Professor Beaird believes that the current multiplicity of forums available to an employee who alleges discrimination against him should be merged into one. Ideally he would like to see an administrative agency given primary jurisdiction with authority similar to that possessed by the NLRB. Until an agency is given such power, Professor Beaird suggests that the forums themselves apply collateral estoppel principles to alleviate the inequities inherent in repetitious litigation.

Federal Courts Intervention In Military Courts--Interrelationship Of Defenses And Comity, Wayne Mccormack

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In the case of Parisi v. Davidson the Supreme Court granted habeas corpus relief to a serviceman who was being court-martialed for disobedience to orders issued after he had been denied administrative discharge on a conscientious objector claim. Professor McCormack analyzes Parisi and uses it as a vehicle to examine the Court's present notions of comity and abstention.

Criminal Law In Tennessee In 1971 - A Critical Survey, Joseph G. Cook

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No abstract provided.

Illogicality And Roman Law, Alan Watson

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It is a commonplace that Rome's greatest contribution to the modern world is its law.

Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a …

The Time In Gap In Wills: Problems Under Georgia's Lapse Statutes, Verner F. Chaffin

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The makeup of the class of beneficiaries and the composition of the property affected by a will may be substantially altered by events occurring after the execution of the will by the testator. Naturally, such alterations may materially disrupt the testamentary plan. Such changes in beneficiaries typically involve the application of the state's so-called lapse statutes. In his Article, Professor Chaffin explores the Georgia statutory scheme and the problems which have arisen thereunder. In a subsequent article to appear in this volume, he will investigate the effects of ademption and abatement of property passing under the will.

Compensation Of The Georgia Real Estate Broker, Candler S. Rogers

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Real estate brokers serve an important function in the commercial world by bringing buyers and sellers together. The broker's compensation for this service is usually predetermined by an agreement known as a "listing" between the broker and his client. In this Article, Professor Rogers examines various types of these listings in light of their practical significance under Georgia law.

Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley

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In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived …

Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.

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Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …

Requisite Particularity In Search Warrant Authorizations, Joseph G. Cook

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No abstract provided.

Some Aspects Of The Lmrda "Bill Of Rights", J. Ralph Beaird

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Generally speaking, Title I, section 101(a), of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) guarantees to every union member: (1) equal rights and equal privileges within his union to nominate candidates for union office, to vote in elections or referendums, and to attend union meetings; (2) the right to exercise freedom of speech and assembly; (3) the right to be free from arbitrary increases in dues, initiation fees, and assessments; (4) the right to sue and to participate in administrative and legislative proceedings; and (5) the right to procedural due process in disciplinary proceedings within the union.

As …

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

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For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Civil Disabilities: The Forgotten Punishment, Dean Rivkin

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No abstract provided.

Varieties Of Detention And The Fourth Amendment, Joseph G. Cook

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No abstract provided.

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

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The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …

Municipal Annexation In Georgia: Nay-Sayers Beward (Plantation Pipe Line Co. V. City Of Bremen), R. Perry Sentell Jr.

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In the Fall 1967 issue of the Georgia Law Review, there appeared a somewhat ambitious effort to survey the law of municipal annexation in Georgia. That rather stuffy treatment at least served to demonstrate the existence of a history on the subject dating from the beginning of time in this State. It also purported to make one or two daring thrusts at formulating principles then apparently settled and at identifying legal points around which further evolution might be anticipated.

Some apparently believed that these thrusts were more negative than daring and that they reflected an approach which was basically …

Probable Cause To Arrest, Joseph G. Cook

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No abstract provided.

Criminal Law In Tennessee In 1970 - A Critical Survey, Joseph G. Cook

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No abstract provided.

Subjective Attitudes Of Arrestee And Arrestor As Affecting Occurrence Of Arrest, Joseph G. Cook

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No abstract provided.

Warrantless Searches And Seizures, Mack Allen Player

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The fourth amendment to the Constitution has two basic clauses. The first, the reasonableness clause, protects the people against unreasonable searches and seizures. The second, the warrant clause, sets forth conditions under which a warrant may issue. Searches and seizures made pursuant to a warrant are, quite obviously, governed by the commands of the warrant clause. However, the effect of the warrant clause upon searches and seizures made without warrants is not clear from the amendment itself, and the Supreme Court has failed to develop a consistent interpretation of the proper role of that clause.