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Recent Developments In The Law Of Search And Seizure, Jerold H. Israel

Book Chapters

This article is designed to provide a survey of recent decisions dealing with several important issues in the area of search and seizure. It is intended primarily as a basic collection of sources. I have, therefore, sought to keep my own commentary at a minimum and the citations to relevant cases at a maximum. Wherever space permits, I have let the courts speak for themselves. In most instances, however, it has been necessary to provide fairly general descriptions of the cases.

Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Press

Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth

Michigan Law Review

A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold

Application Of Res Ipsa Loquitur Doctrine In Montana, Douglas J. Wold

Montana Law Review

Notes

Unauthorized Practice Of Law: First And Fourteenth Amendments Give Union The Right To Hire Attorney On Salary To Represent Workmen’S Compensation Claims Of Members (United Mine Workers Of America, District 12 V. Illinois Bar Association, Et Al., 88 S.Ct. 353), James P. Murphy Jr.

Montana Law Review

Recent Decisions

Volume Dedication To Honorable Francis X. Swietlik, Robert F. Boden

Marquette Law Review

No abstract provided.

Suggested Statutory Standards For The Application Or Non-Application Of Section 531, E. K. Snyder

Marquette Law Review

No abstract provided.

Legal Concepts Of Human Life: The Infanticide Doctrines, Jeffrey A. Meldman

Marquette Law Review

No abstract provided.

Accountants' Liability To Third Parties For An Audit, Arnold P. Anderson

Marquette Law Review

No abstract provided.

The Creation Of General And Specific Bequests Of Securities And The Rules For The Distribution Of Accessions To Securities, William J. Dunaj

Marquette Law Review

No abstract provided.

The Continuing Education Program Of The Wisconsin Judiciary, Conner T. Hansen

Marquette Law Review

No abstract provided.

Divorce: Cruel And Inhuman Treatment - Absence Of Findings Of Fact And Conclusions Of Law, Robert J. Murray

Marquette Law Review

No abstract provided.

Cumulative Index: Volumes 1-50, Marquette University

Marquette Law Review

No abstract provided.

John Barker Waite, Michigan Law Review

Michigan Law Review

A memorial tribute to John Barker Waite

Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham

Michigan Law Review

The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …

Slumlordism As A Tort--A Brief Response, Joseph L. Sax

Michigan Law Review

Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.

Conflicting Perfected Security Interests In Proceeds Under Article 9 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 9-306 gives the inventory financer a "continuously perfected" security interest in the proceeds of the inventory if the security interest in the original collateral was perfected. "Proceeds" is defined as including "whatever is received when collateral or proceeds is sold, exchanged, collected or otherwise disposed of." Thus, the inventory financer may have a security interest in the proceeds of the original collateral or the proceeds of the proceeds. The security interest in the proceeds may be perfected in either of two ways: (1) under section 9-306(3)(a) the security interest is perfected by filing a financing statement that expressly covers …

Income Tax--Capital Gains Tax--Meaning Of "More Than 80 Percent In Value Of The Outstanding Stock" Under Section 1239, Michigan Law Review

Michigan Law Review

The sale of property by a taxpayer to a corporation which he controls has been a frequently attempted method of tax reduction for more than thirty years. Such a transaction has the advantage of maintaining ownership of the property in virtually the same hands, while at the same time resulting in a substantial mitigation of tax liability. For instance, in the post-World War II period, when property values were generally increasing, a taxpayer could sell to his controlled corporation at a gain depreciable property with a basis lowered by adjustments for prior depreciation allowances. The gain was immediately taxable at …

Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review

Michigan Law Review

The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …

Bankruptcy--Stay Of Bankruptcy Proceedings Denied To Creditor Seeking Lien On Exempt Property--Harris V. Hoffman, Michigan Law Review

Michigan Law Review

The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they purchased real property which they occupied as a homestead. Acting pursuant to an Iowa statute which subjects a homestead to debts contracted before the homestead was acquired, the bank commenced a suit on the note in state court, but this proceeding was stayed when appellants filed a voluntary petition in bankruptcy. After the trustee in bankruptcy set the homestead apart as property exempt under Iowa law, the bank sought a stay of discharge in bankruptcy for a reasonable period of time so that it could obtain …

Income Tax--Listing Abandoned Residence For Sale And Not For Rent Considered Sufficient To Convert To "Property Held For The Production Of Income"--Hulet P. Smith, Michigan Law Review

Michigan Law Review

Since 1941, Hulet Smith and his wife had lived in a large house in Arcadia, California, where Smith had been actively engaged in a real estate loan business. In 1959, Smith decided to retire and move to Pebble Beach, a distance of about 400 miles from Arcadia. He purchased a parcel of land in Pebble Beach and built a large expensive home, with the avowed intention of making this his permanent personal residence. In 1961, after severing all business and social connections in the vicinity of their old residence, Smith and his wife moved into their new home, taking virtually …

Limpens: Rapports Belges Au Viiꙴ Congreès International De Droit Comparé, Robert Kruithof

Michigan Law Review

A Review of Rapports Belges au VIIꙴ Congreès International de Droit Comparé preface by Jean Limpens

Laylin Knox James, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Laylin Knox James

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …

Due Process In Protective Activities, B. J. George Jr.

Santa Clara Law Review

No abstract provided.

Federal Income Tax Exemption For Private Hospitals

Fordham Law Review

No abstract provided.

Book Reviews, Ivan A. Vlasic, J. W. Ehrlich

North Dakota Law Review

No abstract provided.

State Judge Looks At The Federal Courts , Samuel J. Roberts

University of Pennsylvania Law Review

No abstract provided.

Accountants' Liability For Nondisclosure Of Post-Certification Discovery Of Error, Editors

University of Pennsylvania Law Review

No abstract provided.