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1951

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Full-Text Articles in Law

Applicability Of Usury Laws To Credit Installment Sales, Joseph F. Buzhardt Jr. Dec 1951

Applicability Of Usury Laws To Credit Installment Sales, Joseph F. Buzhardt Jr.

South Carolina Law Review

No abstract provided.


Negligence—Macpherson V. Buick Held Inapplicable Where Alleged Defect Is Obvious To User, Sheldon Hurwitz Dec 1951

Negligence—Macpherson V. Buick Held Inapplicable Where Alleged Defect Is Obvious To User, Sheldon Hurwitz

Buffalo Law Review

Campo v. Scofield, 301 N. Y. 468, 95 N. E. 2d 802 (1950).


Torts—Televising Of Professional Act Not A Violation Of Civil Rights Law, Ralph L. Halpern Dec 1951

Torts—Televising Of Professional Act Not A Violation Of Civil Rights Law, Ralph L. Halpern

Buffalo Law Review

Gautier v. Pro-Football, Inc., 278 App. Div. 431, 106 N. Y. S. 2d 553 (1st Dept. 1951).


Constitutional Law—Separation Of Church And State—New York Release Time Program, Spero L. Yianilos Dec 1951

Constitutional Law—Separation Of Church And State—New York Release Time Program, Spero L. Yianilos

Buffalo Law Review

Zorach v. Clauson, 198 Misc. 631, 99 N. Y. S. 2d 339 (Sup. Ct. 1950); Afd. 278 App. Div. 573, 102 N. Y. S. 2d 27 (2nd Dept. 1951); Aff'd. 303 N. Y. 161, 100 N. E. 2d 463 (1951).


Agency To Make Warranties, Merton Ferson Dec 1951

Agency To Make Warranties, Merton Ferson

Vanderbilt Law Review

What are warranties? How are they created? And, particularly, what kind of authority or employment will enable one person to make a warranty that will be binding on another person?

Let us first look at warranties broadly and note their function. When a sale is being made there is commonly a risk of some defect in the thing sold. And in connection with other kinds of transactions there is frequently a risk of loss that will occur if a certain fact exists or comes to pass. There is, for example, a risk that the horse being sold js not sound; …


Legal Problems In The Organization And Operation Of Group Health Plans, Horace R. Hansen Dec 1951

Legal Problems In The Organization And Operation Of Group Health Plans, Horace R. Hansen

Vanderbilt Law Review

This article is intended as a practical aid to the lawyer who is confronted with the legal problems involved in the organization and operation of a group health plan.' It covers the statutes and decisions of the states affecting the corporate structure, the problems involved in membership service contracts and their comparison with insurance policies, and the unique requirements of physicians' contracts.

Group health plans here discussed are those in which the member-patients sponsor and control the nonprofit corporation on a democratic or cooperative basis, or at least have an effective voice in its management. The corporation usually owns the …


Limitations On Municipal Indebtedness, John L. Bowers Jr. Dec 1951

Limitations On Municipal Indebtedness, John L. Bowers Jr.

Vanderbilt Law Review

Not a single state has seen fit to leave its cities unrestricted in the amount of indebtedness each might incur.' Assuming that the nature of a proposed expenditure is such that it is recognized as a legitimate municipal expense, the limitations imposed upon total indebtedness may yet prevent extension of a city's credit. Thus, a city may have a particular financing scheme invalidated simply because of the circumstance that its present indebtedness is so close to the limit that the contemplated increase would force the total amount to exceed the maximum allowable.

Three sources of limitation are commonly found today. …


Estate Liquidity And The Family-Owned Business, William J. Bowe Dec 1951

Estate Liquidity And The Family-Owned Business, William J. Bowe

Vanderbilt Law Review

Every community in the country has its quota of successful merchants, manufacturers and businessmen whose enterprises have, as a result of management or planning, grown and prospered over the years. To value the worth of such businesses for estate tax purposes is perhaps the most difficult fact-issue in the whole field of taxation. Indeed it is doubtful if there is any problem in law or economics where the criteria are so vague and uncertain and where the permissible range for honest differences of judgment is so great. Expert opinion may vary by more than 100%.


The Federal Tort Claims Act And Its Application To Military Personnel, Harold F. Mcniece, John V. Thornton Dec 1951

The Federal Tort Claims Act And Its Application To Military Personnel, Harold F. Mcniece, John V. Thornton

Vanderbilt Law Review

The background and history of the Federal Tort Claims Act" are well known. Stemming in part from the medieval political theory that the King could do no wrong, a doctrine evolved in English law that the Crown was, in the absence of its consent, immune to suit. This concept became a part of the American common law, and in the main was enforced as rigorously on this side of the Atlantic as in the mother country.

The oft-times inequitable consequences of sovereign immunity in the United States were at first sought to be ameliorated through the device of private legislative …


Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii Dec 1951

Alienability Of Future Interests In Tennessee, Ernest C. Matthews, Iii

Vanderbilt Law Review

One of the most technical problems in the field of property law is the manner in which future interests in realty and personalty may be alienated. The term, future interest, is used here to mean a presently existing interest which is deprived of possession but which looks forward to possession in the future. The term is a misnomer. Such an interest is "future" only in the sense that it looks toward becoming possessory in the future. Just as future interests is a law of words, so the alienability of future interests is, in the absence of statute, a law of …


Burden Of Proof And Presumptions In Will Contests In Tennessee, Edmund M. Morgan Dec 1951

Burden Of Proof And Presumptions In Will Contests In Tennessee, Edmund M. Morgan

Vanderbilt Law Review

Burden of proof is a slippery phrase. It is used to describe the burden of producing evidence sufficient to justify a finding or the burden of persuading the trier to make a finding or both these burdens.' Thayer noted the confusion in the judicial opinions caused by this loose use of language. In his essay, in attempting to bring order into the subject, he stated first that the burden of persuasion is fixed by the pleadings or their equivalent at a stage of the proceedings preliminary to trial and second, that once fixed, it never shifts. These pronouncements have received …


Book Reviews, Henry L. Mcclintock (Reviewer), John W. Green (Reviewer), Leon D. Hubert, Jr. (Reviewer), Wallace Mendelson (Reviewer) Dec 1951

Book Reviews, Henry L. Mcclintock (Reviewer), John W. Green (Reviewer), Leon D. Hubert, Jr. (Reviewer), Wallace Mendelson (Reviewer)

Vanderbilt Law Review

Some Problems of Equity

By Zechariah Chafee, Jr.

Ann Arbor: University of Michigan Law School, 1950. Pp. xv, 441. $4.50

reviewer: Henry L. McClintock

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Four Score Forgotten Men

By Tom W. Campbell

Little Rock: Pioneer Publishing Company, 1950. Pp. 424

reviewer: John W. Green

================================

Uniform Code of Military Justice, Explanation, Comparative Text and Commentary

By Frederick Bernays Wiener

Washington, D. C.: Combat Forces Press, 1950. Pp. 275. $3.50.

reviewer: Leon D. Hubert, Jr.

=================================

Dred Scott's Case

By Vincent C. Hopkins

New York: Fordham University Press, 1951, Pp. 213. $4.00.

reviewer: Wallace Mendelson


Book Notes, Law Review Staff Dec 1951

Book Notes, Law Review Staff

Vanderbilt Law Review

Conservation of Oil and Gas, A Legal History, 1948

Edited by Blakely M. Murphy

Chicago: American Bar Association, 1949. Pp. xvii, 754. $3.00

==============================

1950 Annual Survey of American Law

New York University School of Law

New York: Prentice-Hall, Inc., 1951. Pp. x, 915. $10.00


Recent Cases, Law Review Staff Dec 1951

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING

CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS

CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT

CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED

CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE

FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION

INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE

RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?

TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …


Books Received, Law Review Staff Dec 1951

Books Received, Law Review Staff

Vanderbilt Law Review

-- Books Received --

Commercial Law, Cases on

By Robert Braucher

Brooklyn: The Foundation Press, Inc., 1951. Pp. 709. $8.00

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Commercial Transactions, Cases and Materials, Temporary Edition

By Arthur E. Sutherland, Jr. and Bertram F. Willcox

Brooklyn: The Foundation Press, Inc., 1951. Pp. 1251. $9.50

==================================

Conflict of Laws, Cases and Materials, Third Edition

By Elliott E.Cheatham, Herbert F. Goodrich, Erwin N. Griswold and Willis L. M.Reese

Brooklyn: The Foundation Press, Inc., 1951. Pp. 960. $9.00

===================================

Constitution of Powers in a Secular Statte, A.

By Edward S. Corwin

Charlottesville: The Michie Co., 1951. Pp. 126

====================================

Evidence, Cases …


Table Of Contents - Volume 30, Chicago-Kent Law Review Dec 1951

Table Of Contents - Volume 30, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


Contracts - Survey Of Illinois Law For The Year 1950-1951, Chicago-Kent Law Review Dec 1951

Contracts - Survey Of Illinois Law For The Year 1950-1951, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


Property - Survey Of Illinois Law For The Year 1950-1951, Chicago-Kent Law Review Dec 1951

Property - Survey Of Illinois Law For The Year 1950-1951, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


Full Faith And Credit To Public Acts: The Significance Of Hughes V. Fetter, Lee H. Henkel Jr. Dec 1951

Full Faith And Credit To Public Acts: The Significance Of Hughes V. Fetter, Lee H. Henkel Jr.

Duke Law Journal

No abstract provided.


The Element Of Mens Rea In Recklessness And “Criminal Negligence”, Edward W. Hautamaki Dec 1951

The Element Of Mens Rea In Recklessness And “Criminal Negligence”, Edward W. Hautamaki

Duke Law Journal

No abstract provided.


Strategy For Child Custody Suits Involving Conflict Of Laws, Ray Graves Dec 1951

Strategy For Child Custody Suits Involving Conflict Of Laws, Ray Graves

Duke Law Journal

No abstract provided.


Title Page, North Carolina Law Review Dec 1951

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Articles\Authors Of Articles\Book Reviews-Authors\Book Reviews-Reviewers, North Carolina Law Review Dec 1951

Articles\Authors Of Articles\Book Reviews-Authors\Book Reviews-Reviewers, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Cases Commented On, North Carolina Law Review Dec 1951

Cases Commented On, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Chief Justice Walter Parker Stacy, William A. Devin Dec 1951

Chief Justice Walter Parker Stacy, William A. Devin

North Carolina Law Review

No abstract provided.


Insanity As A Defense In The North Carolina Criminal Law, Dillard S. Gardner Dec 1951

Insanity As A Defense In The North Carolina Criminal Law, Dillard S. Gardner

North Carolina Law Review

No abstract provided.


The Administrative Hearing For The Suspension Of A Driver's License, Paul A. Johnston Dec 1951

The Administrative Hearing For The Suspension Of A Driver's License, Paul A. Johnston

North Carolina Law Review

No abstract provided.


Editorial Board, North Carolina Law Review Dec 1951

Editorial Board, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Law School, The, North Carolina Law Review Dec 1951

Law School, The, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Book Notes, North Carolina Law Review Dec 1951

Book Notes, North Carolina Law Review

North Carolina Law Review

No abstract provided.