Law Commons^™

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.

Overseas Trade And The Sherman Act, Andre Simmons

South Carolina Law Review

No abstract provided.

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process of Law--Constitutionality of the Federal Youth Corrections Act in Its Application to Youthful Criminal Offenders

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Constitutional Law--Legislative Power--Infringement of Constitutional Guaranties by Demands of Legislative Investigating Committees for the Production of Membership Lists

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Courts--Process--Immunity of Nonresident Defendants in Federal Criminal Actions from Service of State Civil Process

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Damages--Installment Verdict in Tort Action

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Domestic Relations--Separation--Suit by Mentally Incompetent Wife

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Interstate Commerce--Hobbs Act--"Robbery" Provision Construed as Requiring Proof of Common Law Elements of Offense

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Taxation--Income--Determination of "Useful Life" of a Business Asset for Purposes of Depreciation

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Taxation--Income--Full Payment of Tax Deficiency as …

The Historical Development Of The Kentucky Courts, William E. Bivin

Kentucky Law Journal

No abstract provided.

Physical Injury Arising Out Of Fear For The Safety Of A Third Person In Negligence Actions, Herbert W. Louthian

South Carolina Law Review

No abstract provided.

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review

No abstract provided.

The Supreme Court And Philosophy Of Law, James A. Gardner

Villanova Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review

No abstract provided.

Lawyers' Obligations To The Courts, Byron O. House

West Virginia Law Review

This paper will concern itself largely with the duty of lawyers to the courts. It is written from the viewpoint of a country lawyer suddenly catapulted from almost thirty years of practice to his state's court of last resort via eight months on the trial bench. These vantage points have afforded an opportunity to observe the lawyer's duty to the courts in various perspectives. With due respect to the learned scholars who have written on the subject, this small contribution is launched.

Probate Law Digest, Londo H. Brown

West Virginia Law Review

No abstract provided.

Scope Of Authority Of The County Court And The Commissioner Of Accounts In The Probate Of Estates, I. A. P.

West Virginia Law Review

The scope of authority of the county court and its commissioner of accounts in regard to the probate of estates seems to have caused a great deal of consternation of late among the lawyers of West Virginia. This note makes no attempt to clarify that confusion, but serves only to put into print the problem as it exists today. Any clarification must necessarily be made by the West Virginia Legislature.

Comments, Various Editors

Villanova Law Review

No abstract provided.

Accident Claim Settlement - A Proposal To Eliminate Unnecesasry Delay, James P. Mcgeein

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

AGENCY--INDEPENDENT CONTRACTOR--"ONE WAY LEASE" EFFECTIVE TO TERMINATE RELATIONSHIP

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COURTS--CIVIL RIGHTS ACT--IMMUNITY OF JUDGE FOR ACTS COMMITTED IN THE EXERCISE OF A JUDICIAL FUNCTION

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COURTS--CONTEMPT--VIOLATION OF COURT RULE BANNING PHOTOGRAPHY

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CRIMINAL LAW--ENTRAPMENT BY STATE OFFICIAL AS A DEFENSE TO FEDERAL PROSECUTION

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DAMAGES--BREACH OF WARRANTY--RECOVERY FOR LOSS OF PROFITS

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FEDERAL COURTS--CHOICE OF LAW--APPLICATION OF ERIE DOCTRINE TO DIVERSITY CASES INVOLVING FEDERAL COMMERCIAL PAPER

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TORTS--BATTERY--CONSENT OF MINOR TO SIMPLE OPERATION AS A DEFENSE

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TORTS--DUTY TO ACT--EMPLOYER'S ASSUMPTION OF A DUTY BY GIVING MEDICAL EXAMINATIONS TO EMPLOYEES

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Prejudicial Error: Admissions And Exclusions Of Evidence In The Federal Courts, Robert W. Gibbs

Villanova Law Review

No abstract provided.

Justice Is Not Just A Word, Oscar Hunsicker

Cleveland State Law Review

Every civilized society, from the earliest dawn of history, has had some men set apart from the other members of the clan, tribe, province, state or nation, to decide controversies and issues of fact according to the best wisdom they possessed. They were (and are) the wise men of their time and age. They were and are the law men.

New Trial In Federal Criminal Cases, Lester B. Orfield

Villanova Law Review

No abstract provided.

Chairman's Foreward, Coleman Karesh

South Carolina Law Review

No abstract provided.

"Appropriate And Just": Section 24 Of The Canadian Charter Of Rights And Freedoms And The Question Of Judicial Legitimacy, W A. Bogart

Dalhousie Law Journal

At the heart of procedural law lie questions concerning the role of courts in a liberal democratic state. What is the essence of their function? What is the proper relationship between the judiciary and other governmental institutions? What is the well-spring for values with which courts can make law? The questions are perennials and will be asked so long as there is interest in the workings and malfunctions of all aspects of government. Courts, like all institutions of government, are continually being assessed on their own terms and in relation to other branches. In Canada this examination has received a …

Small Claims Courts Versus Justices Of The Peace, Lee Silverstein

West Virginia Law Review

The purpose of this essay is to appraise justice of the peace courts in West Virginia and suggest possible improvements. Discussion will center on civil rather than criminal jurisdiction. Both constitutional and statutory methods of reform will be considered.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

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Domestic Relations--Adoption--Revocation of Consent by Natural Parents

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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Judicial Administration In Maryland - Comments, Arthur T. Vanderbilt

Maryland Law Review

No abstract provided.

Curable Faults In Oral Argument, Frederick Bernays Wiener

South Carolina Law Review

No abstract provided.

Security And The Constitution, W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Federal Right Jurisdiction And The Declaratory Remedy, Herman L. Trautman

Vanderbilt Law Review

Why should we have federal district courts? What should be their primary function? These questions are fundamental to the formulation of a rational basis for the distribution of judicial power between state courts and the trial courts of the federal government.

Our American federal system seeks as a constant objective an appropriate division of governmental power between a national unit, which deals with problems requiring uniform treatment, and state units, which have responsibility for problems depending more upon local conditions. Applying the principle to the federal district courts, it seems clear that their primary function should be to adjudicate federal …

Power Of Equity To Determine Title To Real Property, Hugh Rogers

South Carolina Law Review

No abstract provided.

Diminishing Applicability Of The Antitrust Laws In Regulated Industry: Congress, The Courts And The Agencies

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative

The Admissibility Of Confessions In Evidence In Criminal Courts, Edward Brandt Latimer

South Carolina Law Review

No abstract provided.