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Articles 1 - 30 of 41
Full-Text Articles in Law
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Jurisdictional Amount In The Federal District Courts, William W. Hurst
Vanderbilt Law Review
In 1925, Judge Dobie, then professor of law at the University of Virginia, advanced a formula for determining the value of the matter in controversy in all federal question and diverse citizenship cases in the federal district courts. He called it a "plaintiff-viewpoint rule," and stated it thus: "The amount in controversy in the United States District Court is always to be determined by the value to the plaintiff of the right which he in good faith asserts in his pleading that sets forth the operative facts which constitute his cause of action."
Since then, the rule has received sanction …
Federal Courts-Substitution Of Parties By Amendment Under The Federal Rules To Correct A Jurisdictional Defect, Rex Eames S.Ed.
Federal Courts-Substitution Of Parties By Amendment Under The Federal Rules To Correct A Jurisdictional Defect, Rex Eames S.Ed.
Michigan Law Review
The plaintiffs, local officers of a union, sued to enjoin the national officers of the union from interfering with plaintiffs' union duties. Because the original complaint failed to show diversity of citizenship as a basis for federal jurisdiction, plaintiffs sought by amendment to substitute five nonresident members of the union as parties plaintiff and to change the action to a class suit. Held, the court had the power to permit such an amendment but, in the exercise of its discretion, it would not do so here. National Maritime Union of America v. Curran, (D.C. N.Y. 1949) 87 F. …
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Book Reviews, Noel T. Dowling (Reviewer), Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)
Vanderbilt Law Review
On Understanding the Supreme Court
By Paul A. Freund
Boston: Little, Brown & Company, 1949. Pp. 130. $3.00
reviewer: Noel T. Dowling
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Courts on Trial
By Jerome N. Frank
Princeton: Princeton University Press, 1949. Pp. vii, 441. $5.00
reviewer: Hugo L. Black, Jr.
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Hugo L. Black: A Study in the Judicial Process
By Charlotte Williams
Baltimore: The Johns Hopkins Press, 1950. Pp. vii, 208. $3.50.
reviewer: George H. Cate, Sr.
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Hatch Act Decisions (Political Activity Cases) of the United States Civil Service Commission
By James W. Irwin
Washington: United States Government Printing Office, 1949. Pp. 304. $1.50 …
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Michigan Law Review
This article is the seventh chapter of a book, Survey of Metropolitan Courts: Detroit Area, which is being published this year by the Michigan Legal Series. It was prepared by this writer as a Research Associate in the employ of the Law School of the University of Michigan, under the supervising editorship of Professor Edson R. Sunderland. The study was undertaken at the request of the Committee on Judicial Administration in Metropolitan Trial Courts, appointed by the Section on Judicial Administration of the American Bar Association, of which committee Ira W. Jayne, Presiding Judge of the Circuit Court of …
Federal Courts-Removal Jurisdiction-Counterclaim As The Sole Basis For Removal, Paul M. D. Harrison S.Ed.
Federal Courts-Removal Jurisdiction-Counterclaim As The Sole Basis For Removal, Paul M. D. Harrison S.Ed.
Michigan Law Review
Plaintiff brought an action for damages in a state court Defendant filed pleas to the declaration, and also filed a counterclaim arising out of the same cause of action. On this date defendant also filed a motion with the Federal District Court asking removal of the case based solely upon his counterclaim. On plaintiff's motion, held, case remanded to the state court. Defendant has no right under the United States Judicial Code to have a case removed from the state court to the federal court when his motion is based upon his own counterclaim. Collins v. Faucett, (D.C. …
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Michigan Law Review
Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …
Social Meaning Of Legal Concepts - Criminal Guilt, Jerome Hall
Social Meaning Of Legal Concepts - Criminal Guilt, Jerome Hall
Indiana Law Journal
No abstract provided.
Jury Instruction: Hung Juries-Admonitions Urging Agreement And Direction As To Methods Of Deliberation
Indiana Law Journal
Recent Cases
Courts-Validity Of Order Of Judge Excluding Public From Criminal Trials [United States V. Kobli, C. A. 3d 1949].
Washington and Lee Law Review
No abstract provided.
Federal Procedure-Disposition Of Case Before Court On Certiorari After Petitioner Has Fled Jurisdiction [Eisler V. United States, U. S. Sup. Ct. 1949].
Washington and Lee Law Review
No abstract provided.
Mr. Justice Rutledge - The Man, Irving Brant
Mr. Justice Rutledge - The Man, Irving Brant
Indiana Law Journal
No abstract provided.
Court Of Appeals Opinions
Indiana Law Journal
Opinions Delivered as Associate Justice of the Appellate Court of the District of Columbia, May, 1939, to February, 1943.
Rutledge And Civil Liberties, W. Howard Mann
Rutledge And Civil Liberties, W. Howard Mann
Indiana Law Journal
No abstract provided.
Other Writings
Indiana Law Journal
Addresses and Other Writings, 1927-1949, by Wiley B. Rutledge.
Supreme Court Opinions
Indiana Law Journal
Opinions Delivered as Associate Justice of the Supreme Court of the United States, April, 1943 to July, 1949.
The Commerce Power: An Instrument Of Federalism, Albert S. Abel
The Commerce Power: An Instrument Of Federalism, Albert S. Abel
Indiana Law Journal
No abstract provided.
Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson
Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson
Indiana Law Journal
No abstract provided.
Teacher Of Men, W. Willard Wirtz
Mr. Justice Rutledge, Hugo L. Black
Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper
Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper
Indiana Law Journal
No abstract provided.
Faces On The Court House Steps, A. F. Neumann
Faces On The Court House Steps, A. F. Neumann
Michigan Law Review
Judge Frank may one day write a book which it will be possible to take or leave, but I doubt it. Few writers, with his ability and insight in the field of administration of justice, I suppose, succeed in evoking in their readers the spirited reactions that his writings produce. This is the highest praise that any reader can bestow-even though his reaction be a spirited disagreement.
In his most recent book, Courts on Trial, he has attempted to· destroy what he calls "myths" in legal thinking describing the fact-finding process just as he did for the rule determination …
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Judgments-Collateral Estoppel By A Lower Court Judgment When Appeal Therefrom Is Dismissed Because The Case Has Become Moot, John C. Walker S.Ed.
Michigan Law Review
The United States sued defendant in two counts for violation of OPA price regulations. The first count asked for an injunction to restrain further violations while the second sought treble damages for past violations. By agreement of the parties the injunction issue was tried first. The trial court found that there had been no violation of price regulations and dismissed the bill. This phase of the case was appealed by the government as a final order. The appeal was dismissed on the ground that the injunction issue had become moot, the particular commodity having been decontrolled in the interim. The …
Soviet Socialism And Due Process Of Law, John N. Hazard
Soviet Socialism And Due Process Of Law, John N. Hazard
Michigan Law Review
An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …
Constitutional Law-Federal Courts-Diversity Jurisdiction- District Of Columbia Citizens, John D. Mcleod S.Ed.
Constitutional Law-Federal Courts-Diversity Jurisdiction- District Of Columbia Citizens, John D. Mcleod S.Ed.
Michigan Law Review
The Act of Congress of April 20, 1940, provided that district courts should exercise original jurisdiction over actions "between citizens of different States, or citizens of the District of Columbia, the Territory of Hawaii, or Alaska, and any State or Territory . . . . " The committee report and the title indicate the purpose to extend to citizens of the District of Columbia and the territories the right to sue in federal district courts on grounds solely of diversity of citizenship. Although the committee reports indicated no constitutional difficulties, the majority of the lower federal courts which considered the …
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Michigan Law Review
The plaintiffs filed a complaint in the United States District Court for the Northern District of Ohio in order to obtain service on the defendant. The plaintiff then filed a motion for an order to transfer the cause to the United States District Court for the Western District of Pennsylvania under Title 28 U.S.C.A. 1404(a) on the grounds that all the plaintiffs and witnesses resided in Pennsylvania, that it would be inconvenient and expensive to transport these witnesses to Ohio, and that the cause of action arose in Pennsylvania. Held, motion denied. Title 28 U.S.C.A. 1404(a) is not available …
The Growing-Up Stick (A Book Review For Washington Lawyers). Miniumum Standards Of Judicial Administration, Edited By Arthur T. Vanderbilt (1949), John N. Rupp
Washington Law Review
The book at hand goes a considerable way to fill this need for a set of standards, although the editor, Hon. Arthur T. Vanderbilt, Chief Justice of the Supreme Court of New Jersey, and a former eminent President of the American Bar Association, vigorously emphasizes the fact that these are "the minimum standards needed in a practical way to make our court procedure work in the twentieth century." These standards have the firm support of the American Bar Association and the National Conference of Judicial Councils. In the introduction to the volume Judge Vanderbilt tells how and why these standards …
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Book Reviews, Paul H. Douglas (Reviewer), Cecil Sims (Reviewer), Ray Forrester (Reviewer)
Vanderbilt Law Review
Book Reviews
Congress on Trial By James M. Burns New York: Harper & Brothers,1949. Pp. vii, 224. $3.00
reviewer: Paul H. Douglas
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Language and the Law By Frederick A. Philbrick New York: MacMillanCo., 1949. Pp. v, 254. $3.75
reviewer: Cecil Sims
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Commentary on the U.S. Judicial Code By James William Moore Albany: Matthew Bender and Company, 1949. Pp. viii, 684. $10.00
reviewer: Ray Forrester
On Understanding The Supreme Court, By Paul A. Freund, W. Howard Mann
On Understanding The Supreme Court, By Paul A. Freund, W. Howard Mann
Indiana Law Journal
No abstract provided.
The Constitutional World Of Mr. Justice Frankfurter, By Samuel J. Konefsky, John Frank
The Constitutional World Of Mr. Justice Frankfurter, By Samuel J. Konefsky, John Frank
Indiana Law Journal
No abstract provided.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
Michigan Law Review
Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …