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1961

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Articles 1 - 30 of 2009

Full-Text Articles in Law

Richard P. Smoot And Barbara M. Smooth V. Howard L. Lund And Gwen C. Lund : Brief Of Respondents, Utah Supreme Court Dec 1961

Richard P. Smoot And Barbara M. Smooth V. Howard L. Lund And Gwen C. Lund : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Cecelia Wilson And Clara Martin V. Salt Lake City : Brief Of Appellant, Utah Supreme Court Dec 1961

Cecelia Wilson And Clara Martin V. Salt Lake City : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Judgment of the 3rd District Court for Salt Lake County. Hon. Aldon J. Anderson.


Sherman B. Hinckley And Bonneville On The Hill Co. V. Robert B. Swaner, Peter B. Swaner Et Al : Brief Of Respondents, Utah Supreme Court Dec 1961

Sherman B. Hinckley And Bonneville On The Hill Co. V. Robert B. Swaner, Peter B. Swaner Et Al : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

District Court of Salt Lake County. Hon. A. H. Ellett.


State Of Utah V. Leonard Brennan : Brief Of Appellant, Utah Supreme Court Dec 1961

State Of Utah V. Leonard Brennan : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from Second Judicial District Court of Weber County. The Honorable Parley E. Norseth, District Judge.


Craig Caldwell And Robert E. Convington Dba Caldwell And Covington V. Anschutz Drilling Company, Inc. : Brief Of Appellants, Utah Supreme Court Dec 1961

Craig Caldwell And Robert E. Convington Dba Caldwell And Covington V. Anschutz Drilling Company, Inc. : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Judgment of the Fourth Judicial District Court for Uintah County, Hon. Joseph E. Nelson, Judge.


George L. Tillman V. State Of Utah : Brief Of Respondent, Utah Supreme Court Dec 1961

George L. Tillman V. State Of Utah : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


O. A. Tangren, Etc. V. Adeline M. Ingalls Et Al : Petition For Rehearing And Brief Of Respondent In Support Thereof, Utah Supreme Court Dec 1961

O. A. Tangren, Etc. V. Adeline M. Ingalls Et Al : Petition For Rehearing And Brief Of Respondent In Support Thereof, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Virginia Bar Exam, December 1961, Day 2 Dec 1961

Virginia Bar Exam, December 1961, Day 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, December 1961, Day 1 Dec 1961

Virginia Bar Exam, December 1961, Day 1

Virginia Bar Exam Archive

No abstract provided.


Vol. 11, No. 8, December 8, 1961, University Of Michigan Law School Dec 1961

Vol. 11, No. 8, December 8, 1961, University Of Michigan Law School

Res Gestae

•Back the Team •Holiday Season is Upon Us •Don't Forget the Navy - or - Don't Miss the Boat •Legal Aid Procedure Announced •Swiss Law Professor Looks at American Life •Fraternity Flashes •Volley Ball Team Falls •At the Flicks


Dorothy Stevenson V. Vernon L. Stevenson : Brief Of Appellant, Utah Supreme Court Dec 1961

Dorothy Stevenson V. Vernon L. Stevenson : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

No abstract provided.


Howard Anderson Et Al V. Utah County And The Board Of County Commissioners : Brief Of Respondents, Utah Supreme Court Dec 1961

Howard Anderson Et Al V. Utah County And The Board Of County Commissioners : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (cases filed before 1965)

Appeal from the Judgment of the 4th District Court for Utah County, Honorable F. W. Keller, Visiting Judge.


The Dischargeability Of Debts In Bankruptcy, Paul J. Hartman Dec 1961

The Dischargeability Of Debts In Bankruptcy, Paul J. Hartman

Vanderbilt Law Review

From the viewpoint of the bankrupt debtor, a discharge from his obligations is, no doubt, the most important facet of bankruptcy proceedings. The bankruptcy discharge is designed to relieve the honest debtor from his financial entanglements, and to give him an opportunity to reinstate himself in the business world. A debtor is now entitled to a discharge as a matter of right, unless he has been guilty of certain specified offenses against the Bankruptcy Act. For many generations the idea of a discharge from one's debts has been the relieving feature of bankruptcy. However, it has not always been so. …


Public Utility Debt Ratios And The Public Interest--Reasonable Fixed Charges And Just And Reasonable Rates, Melvin G. Dakin Dec 1961

Public Utility Debt Ratios And The Public Interest--Reasonable Fixed Charges And Just And Reasonable Rates, Melvin G. Dakin

Vanderbilt Law Review

Mr, Dakin explores the complex and difficult field of the financing of public utilities corporations. He describes and evaluates the approaches of four commissions: the Securities and Exchange Commission which must approve the reorganization of public utilities corporations which have gone into bankruptcy, the Federal Communications Commission, the Federal Power Commission, and the Michigan Public Service Commission. He concludes by suggesting that in some instances these agencies are placing too great emphasis on their conception of sound financing at the expense of the customers served by these utilities.


Arrangements And Wage Earner Plans: Proceedings Under Chapters Xi And Xiii, Sydney Krause Dec 1961

Arrangements And Wage Earner Plans: Proceedings Under Chapters Xi And Xiii, Sydney Krause

Vanderbilt Law Review

In this article, Mr. Krause considers the practical problems confronting the attorney who conducts proceedings under chapters 11 and 13 of the Bankruptcy Act. The article is a revision of remarks made by Mr. Krause at the Institute on Debtor-Creditor Relations held at the Vanderbilt University School of Law on November 11, 1961. While a number of changes have been made in the remarks, the author has retained, insofar as possible, the original flavor of the address.


The Wage Earners' Plan: Its Purpose, Walter Chandler Dec 1961

The Wage Earners' Plan: Its Purpose, Walter Chandler

Vanderbilt Law Review

Chapter XIII is the forerunner of the general revision of the National Bankruptcy Act in 1938. Introduced as a bill for the relief of harassed wage earners who desire to pay their debts if given sufficient opportunity, the bill attracted the attention of the Honorable Hatton W. Sumners, Chairman of the Committee on the Judiciary of the House of Representatives. In view of the cumulative need for a definitive study of the law of bankruptcy with the end view of enacting a complete revision of the Act of 1898, a special subcommittee on bankruptcy was created; this subcommittee, with the …


The Equitable Subordination Of Claims In Bankruptcy, Asa S. Herzog, Joel B. Zweibel Dec 1961

The Equitable Subordination Of Claims In Bankruptcy, Asa S. Herzog, Joel B. Zweibel

Vanderbilt Law Review

The authors of this article address themselves to the problems raised by the use by bankruptcy courts of their equity powers to subordinate claims. They discuss the distinctions between subordination and disallowance, the interplay between state and federal law, res adjudicata, and the classes of cases in which equitable subordination occurs. They conclude that, while much confusion exists in this area, the equitable principles involved are generally sound and that applying them is often in the best interest of debtor, creditor, and public.


Federal Tax Liens In Bankruptcy, Pierre R. Loiseaux Dec 1961

Federal Tax Liens In Bankruptcy, Pierre R. Loiseaux

Vanderbilt Law Review

In this article, the author considers the peculiarly preferred position of the tax lien under section 67 of the Bankruptcy Act. From his consideration of the position of the trustee and the claim of the government he concludes that the law as presently applied is inequitable. He advocates that the government's secret lien be held invalid against the trustee, that the inchoate lien doctrine should not be applied in bankruptcy, and that the doctrine of Moore v. Bay be modified.


Selected Materials On The Literature Of Bankruptcy, Roy Mersky Dec 1961

Selected Materials On The Literature Of Bankruptcy, Roy Mersky

Vanderbilt Law Review

Charles Warren, in his book Bankruptcy in United States History, opens the first chapter with a statement that would discourage most lawyers interested in developing a practice in bankruptcy: "The subject of bankruptcy is gloomy and depressing in that the law of bankruptcy is dry and discouraging." However, a federal bankruptcy law has been on the statute books continuously since 1898, and it is safe to assume that barring a nuclear war, legal problems dealing with bankruptcy will continue for along time in the future.


The Practitioner And The Bankruptcy Process, John M. Bates Dec 1961

The Practitioner And The Bankruptcy Process, John M. Bates

Vanderbilt Law Review

While procedure in bankruptcy matters is not difficult it requires meticulous attention to detail. After observing many cases, it is my opinion that the average practitioner who carefully observes the rules of procedure and is painstaking and conscientious in drafting the schedules and other required pleadings can find bankruptcy an interesting and rewarding practice.


Preferences Under The Bankruptcy Act, Charles Seligson Dec 1961

Preferences Under The Bankruptcy Act, Charles Seligson

Vanderbilt Law Review

The Bankruptcy Act allows the trustee in bankruptcy to avoid the effect of certain transactions entered into by the debtor on the ground that these transactions give some creditors a preference. In this article, Mr. Seligson examines section 60 of the Bankruptcy Act to determine when this can be done. He discusses the elements of preferential transfers, the problems of proof, the relationship between state and federal law, and the manner in which the statutory provisions have been applied by the courts.


Summary Proceedings In Direct Contempt Cases, Thomas R. Allen Dec 1961

Summary Proceedings In Direct Contempt Cases, Thomas R. Allen

Vanderbilt Law Review

That the "power and majesty" of the law, personified by the court and its decrees, could not be lightly brushed aside even by a prince was a settled fact by the time of Shakespeare; it remains so today. But the proceedings by which such an offense may be punished is another matter. At the present time a large number of contempts are disposed of by summary proceedings. It was not always so, and recently a number of highly respected judges and writers have begun to argue that the practice should be discontinued. This revival of interest is the raison d'etre …


Sui Juris, Volume 06, Number 03, Boston College Law School. Student Bar Association Dec 1961

Sui Juris, Volume 06, Number 03, Boston College Law School. Student Bar Association

Sui Juris

Publication of the Student Bar Association of the Boston College Law School. The issue includes the announcement that students John J. Madden and Francis J. Lawler were appointed as clerks in the Massachusetts courts.


A Critique Of The Business-Purpose Doctrine, Robert S. Summers Dec 1961

A Critique Of The Business-Purpose Doctrine, Robert S. Summers

Cornell Law Faculty Publications

The aims of this article are: (1) to define the nature and significance of the business-purpose doctrine as applied in the field of Federal income taxation; (2) to summarize several considerations that support abandonment of the doctrine; and (3) to consider whether a substitute doctrine is needed. Several recent cases indicate that the influence of the business-purpose doctrine is declining, and in the recent case of Knetsch v. United States the Supreme Court appears to have substituted an alternative doctrine. The dual thesis of the present article is that the business-purpose doctrine ought to be abandoned and that there is …


Editorial Board, North Carolina Law Review Dec 1961

Editorial Board, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Introduction, J. Denson Smith Dec 1961

Introduction, J. Denson Smith

Louisiana Law Review

No abstract provided.


Waiver And Estoppel In Louisiana Insurance Law, Robert A. Hawthorne Dec 1961

Waiver And Estoppel In Louisiana Insurance Law, Robert A. Hawthorne

Louisiana Law Review

No abstract provided.


Free Enterprise- Cost Of Capital Rate Determination: "Rolled In" Costs, Edward C. Abell Jr. Dec 1961

Free Enterprise- Cost Of Capital Rate Determination: "Rolled In" Costs, Edward C. Abell Jr.

Louisiana Law Review

No abstract provided.


Book Reviews-Authors\Book Reviews-Reviewers\Subject Index, North Carolina Law Review Dec 1961

Book Reviews-Authors\Book Reviews-Reviewers\Subject Index, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Notes And Comments, North Carolina Law Review Dec 1961

Notes And Comments, North Carolina Law Review

North Carolina Law Review

No abstract provided.