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Full-Text Articles in Law

Recent Cases, Law Review Staff Oct 1964

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

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Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

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Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

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Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

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Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

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Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

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Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

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Derivative Evidence Under Mcnabb-Mallory Sep 1964

Derivative Evidence Under Mcnabb-Mallory

Washington and Lee Law Review

No abstract provided.


Evidence -- 1963 Tennessee Survey, Lyman R. Patterson Jun 1964

Evidence -- 1963 Tennessee Survey, Lyman R. Patterson

Vanderbilt Law Review

The doctrine of judicial notice is that an indisputable proposition of fact or a proposition of law of the jurisdiction is not subject to proof. The doctrine thus serves to relieve the litigant of the burden of proving certain facts and law, and is one of immense theoretical implication for the trial lawyer. A fact which is judicially noticed has much greater probative value than a fact which is proved, no matter how strong the proof. Judicial notice thus offers the trial lawyer an extremely effective, but apparently largely unused, device in litigation. None of the cases involving judicial notice …


The Use Of Coerced Confessions In State Courts, J. A. Spanogle Mar 1964

The Use Of Coerced Confessions In State Courts, J. A. Spanogle

Vanderbilt Law Review

It is now well settled that involuntary confessions must be excluded from evidence in all criminal trials in state courts. It has been difficult, however, to distinguish a voluntary confession from an involuntary one, because the term "involuntary" is not well defined. This lack of definition, which creates great problems for state trial and appellate courts in attempting to apply the rule to individual cases, has, in turn, stemmed from a lack of understanding of the reasons for excluding involuntary confessions. The United States Supreme Court has handed down thirty-four coerced confession cases, holding confessions admissible in some factual situations …


Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn Feb 1964

Evidence And Criminal Law--Admission By Silence, Charles David Mcmunn

West Virginia Law Review

No abstract provided.


Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips Jan 1964

Evidence-Privilege - Use Of Accident Report Of Impeach, Joseph F. Phillips

William & Mary Law Review

No abstract provided.


Practice And Procedure, Ronald E. Boston, William C. Boyd Iii, Reginald C. Brown Jr., John W. Chappell Jan 1964

Practice And Procedure, Ronald E. Boston, William C. Boyd Iii, Reginald C. Brown Jr., John W. Chappell

South Carolina Law Review

No abstract provided.


Criminal Law And Procedure, Webster Myers Jr. Jan 1964

Criminal Law And Procedure, Webster Myers Jr.

South Carolina Law Review

No abstract provided.


Evidence, James F. Dreher Jan 1964

Evidence, James F. Dreher

South Carolina Law Review

No abstract provided.


Admissibility Of Testator's Declarations Of Intention, Robert W. Dibble Jr. Jan 1964

Admissibility Of Testator's Declarations Of Intention, Robert W. Dibble Jr.

South Carolina Law Review

No abstract provided.


The Hearsay Rule In Federal Criminal Cases--Part One, Lester B. Orfield Jan 1964

The Hearsay Rule In Federal Criminal Cases--Part One, Lester B. Orfield

Fordham Law Review

No abstract provided.


The Hearsay Rule In Federal Criminal Cases - Part Two, Lester B. Orfield Jan 1964

The Hearsay Rule In Federal Criminal Cases - Part Two, Lester B. Orfield

Fordham Law Review

No abstract provided.


Compensation For Loss Of Earning Capacity, Robert R. Wright Jan 1964

Compensation For Loss Of Earning Capacity, Robert R. Wright

Faculty Scholarship

No abstract provided.


American Life Expectancy Tables, And Foreigners, Rita Page Jan 1964

American Life Expectancy Tables, And Foreigners, Rita Page

Cleveland State Law Review

It is the court's duty to see that the facts admitted into evidence do not tend to distort, mislead, or confuse the jury regarding the damages to be awarded. This the court cannot do if United States life expectancy tables are accepted as relevant to the life expectancy of a foreign national. Therefore, the United States tables should be deemed inadmissible by the court in such cases. The court should then turn to the relevant foreign table as the only life expectancy table admissible in evidence.