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Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Full Faith and Credit--Prior Conflicting Divorce Decrees

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Conflict of Laws--Tax Claims of One State Held Not Enforceable in Another State

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Constitutional Law--Discrimination--Statute Prohibiting Racial Discrimination in Renting of Private Apartment Houses Does Not Violate Due Process

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Constitutional Law--Establishment of Religion--Recitation of State Composed Prayer in Public Schools Held Unconstitutional

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Criminal Law--Narcotics-Criminal Prosecution for Addiction Is a Cruel and Unusual Punishment Violating Eighth and Fourteenth Amendments

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Damages--Collateral Source Rule--Value of Medical Services Plaintiff Received as a Gratuity Not Allowed as Special Damages

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Due Process--Taxation of Insurance Premiums Paid to Foreign Insurers on Property …

Permanent Injury: General Or Special Damage, Nick George Zegrea

West Virginia Law Review

With the recent adoption of the West Virginia Rules of Civil Procedure, the function of the pleadings in an action is to give notice. Formulation of the issues for trial is now left largely to deposition and discovery practice under Rules 26 through 37, and pre-trial conferences under Rule 16. An exception to this concept of notice-pleading is Rule 9, which requires that some items be pleaded specially. The scope of this note is to examine one subdivision of the rule: "special damage." In particular, the examination of this subdivision will be directed to the inquiry of whether a permanent …

Theory Of A Medical Malpractice Action--Time Limitations And Damages, Peter Uriah Hook

West Virginia Law Review

No abstract provided.

Case Notes

South Carolina Law Review

No abstract provided.

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis

Michigan Law Review

Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …

Damages For Pain And Suffering - - The Propriety Of Per Diem Arguments, Walter M. Hunter Jr.

Louisiana Law Review

No abstract provided.

Income Taxation And Damages For Personal Injuries, Marshall P. Eldred Jr.

Kentucky Law Journal

No abstract provided.

Torts--Prenatal Injury--Recovery Allowed, Paul A. Mancino

Case Western Reserve Law Review

No abstract provided.

Recent Heart Injury Awards, James A. Thomas

Cleveland State Law Review

This survey presents a collection of reported damage awards since the year 1950 for heart injury not resulting in death. Assuming proof of injury and liability, the statement of the case is limited to the amount of damages and elements of the injury relied upon to justify the court's decision. The survey is preceded by a brief treatment of recent trends in appellate court reviews of heart injury damage awards and a short summary of pre-existing heart condition problems.

Per Diem Argument Of Pain And Suffering Damages, Doris Hauth

Cleveland State Law Review

It is obvious that pain and suffering are inherent elements in almost any bodily injury, but the problem facing plaintiff's counsel is to bring to the realization of the jury its extent in a particular case. At trial various types of demonstrative evidence are used to effect this end. In recent years attorneys have used the "mathematical formula" (or "per diem") technique in their final arguments to the jury as another means of obtaining "adequate" personal injury awards.

Chapter Vi: Legal Problems Arising From The Reasonable Uses Of Outer Space, Carl Q. Christol

International Law Studies

No abstract provided.

Measuring Damages For Tort Harms To Realty, Howard Downing

Kentucky Law Journal

No abstract provided.

Apportionment Of Damages And Contribution Among Coconspirators In Antitrust Treble Damage Actions, Peter G. Corbett

Fordham Law Review

No abstract provided.