Law Commons^™

Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson

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In analyzing the proposed Federal Rules of Evidence, the drafting work of the Advisory Committee should not be overlooked. This is easy to do when any particular rule is isolated and criticized. For the most part, the total rules package prepared by the Advisory Committee represents a commendable effort to provide a needed set of uniform rules for federal trials. The ideas contained in the new rules are almost invariably well researched. When oversights or omissions in treatment do appear, however, it is well to raise these points for discussion. Congress is reviewing the Proposed Federal Rules, and the final …

Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.

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Professor Sentell's Article examines the apparently well-established principle in Georgia that an unconstitutional statute is an absolute nullity. Against the backdrop of City of Atlanta v. Gower, Professor Sentell first focuses on the developmen of-the-void-from-inception doctrine and then reviews its application in Georgia. Finally, he concludes that this principle has had a substantial impact upon constitutional and legislative law in this state.

Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook

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No abstract provided.

Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player

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The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards.

Book Review: Sexual Freedom And The Constitution (1973), Wayne Mccormack

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Book Review of SEXUAL FREEDOM AND THE CONSTITUTION, by Walter Barnett (Albuquerque: University of New Mexico Press, 1973).

Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.

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The purpose of this article is to provide a framework for the comparative and critical examination of the West German Statute Concerning the Distribution of Foreign Investment Shares and the Taxation of their Proceeds of 28 July 1969 and the OECD Standard Rules. The reference point for this framework is the United States Investment Company Act of 1940 which is not only the most pervasive of the regulatory schemes affective collective investment institutions but also undoubtedly the scheme most familiar to most readers. This article will identify a number of the areas in which the American experience with the Investment …

Argument To The Jury And The Constitutional Right Of Confrontation, Ronald L. Carlson

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Dean Carlson poses the question: When a prosecutor refers to evidence outside the record in his summation, has he thereby violated the accused person's constitutional right to cross-examine the witnesses against him? The prevailing view is that this is reversible error only if the defendant can prove that the reference was highly prejudicial.

After a full analysis of all the leading decisions--and these are largely analogous in nature--the author proposes a new rule and a new approach to this unexplored area.

The Prospects For Individual Freedom: Toward Greater Fairness For All, J. Ralph Beaird, C. Ronald Ellington

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Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.

Imagine that on June 1, 2001, the latest issue of United States Law Week listed the following cases for oral argument at the next October term of the United States Supreme Court....

Descendible Future Interests In Georiga: The Effect Of The Preference For Early Vesting, Verner F. Chaffin

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In past issues of the Review Professor Chaffin has illuminated many areas of Trust and Estates Law. In this Article he treats the inscrutable area of descendible future interests. Future interests which do not terminate at death obviously result in nonpossessory property passing through the estates of their holders. This Article first shows the unhappy consequences of such passage of property. It then points out not only that most draftsmen and testators are unaware of the undesirable consequences of creating descendible future interests, but also that many such interests exist as a result of Georgia's constructional preference for early vesting …

Book Review: The Case For Reparations (1973), Ira B. Shepard

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Book Review of THE CASE FOR REPARATIONS, by Boris I. Bittker (NY: Random House, 1973).

Book Review: Handbook Of The Law Under The Uniform Commercial Code (1972), I. Boyce Covington

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Book review of HANDBOOK OF THE LAW UNDER THE UNIFORM COMMERCIAL CODE, by James J. White and Robert S. Summers (St. Paul, Minn.: West, 1972).

Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires

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The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.

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.