Law Commons^™

Waiver Of The Physician-Patient Privilege In Missouri, Thomas E. Toney

Missouri Law Review

The present Missouri privilege statute is as follows: The following persons shall be incompetent to testify: .... a physician or surgeon, concerning any information which he may have acquired from any patient while attending him in a professional character, and which information was necessary to enable him to prescribe for such patient as a physician or do any act for him as a surgeon. Even though the statute speaks of being "incompetent to testify" the statute has been interpreted to mean that it creates a physician-patient privilege. To claim the benefit of this statute two requirements must be met. First, …

Reviewed Work: Escapism: The Logical Basis Of Ethics By P.H. Nowell-Smith And Lemmon, Layman E. Allen

Reviews

Review of P.H. Nowell-Smith and E.J. Lemmon, Escapism: the logical basis of ethics; in Mind.

A Study Of The Role Of Churches In The Enactment Of The Arkansas Prohibition Law Of 1917, Ralph Bradley Hoshaw

OBU Graduate Theses

Churches have been involved in the moral and ethical standards of the United States and its political subdivisions since the formation of the nation. Major questions about the churches' involvement as a social force in the nation or in the community concern: (1) the degree of involvement, (2) the methods employed and (3) the relative effectiveness of church influence upon the mores and laws of any society or state. To answer these questions, a historical study must be made of a particular moral problem in a specific locale and of the role that church influence or direct action played in …

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.

Split Loyalty: An Ethical Problem For The Criminal Defense Lawyer, Gerald S. Gold

Cleveland State Law Review

Nowhere in law do ethical considerations play a greater part or come into greater conflict than in the defense of those accused of crime. The lawyer defending an accused owes a duty to his client, a duty to society, and a duty to the court. The duties to each are not completely clear and when the various loyalties conflict, fair, safe, and moral resolutions are most difficult.

The Ethical Foundation Of Criminal Liability, Emilio S. Binavince

Fordham Law Review

No abstract provided.

Newspaper Interference In Judicial Proceedings, John Vamis

Cleveland State Law Review

Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …

Canons 28 And 29 -- An Appraisal, Henry S. Drinker

Vanderbilt Law Review

How far should Canons 28 and 29 of the ABA's Canons of Ethics deter a lawyer from taking or participating in proceedings against a fellow lawyer in a matter involving the propriety of his professional conduct, by reason of the fact that such proceedings may injure such lawyer's professional reputation. The Canons do not clearly or fully cover this problem...

The solution of these problems related to participating in litigation against a fellow lawyer depends in each case to a great extent on the accompanying circumstances. Professional courtesy should not be distorted or overemphasized merely to avoid a disagreeable or …

Ignorance And Mistake In Criminal Law, Jerome Hall

Indiana Law Journal

No abstract provided.

Ethics And Professional Responsibility, Coming B. Gibbs, Simpson Hyatt, Philip Wilmeth

South Carolina Law Review

No abstract provided.

Integrity And The Lawyer, David W. Robinson

South Carolina Law Review

No abstract provided.

Chairman's Foreward, Coleman Karesh

South Carolina Law Review

No abstract provided.

Book Review. Timasheff, N. S. An Introduction To The Sociology Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review

Michigan Law Review

After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …

Trade Morals And Regulation: The American Scene, Frank I. Schechter

Fordham Law Review

No abstract provided.

Legislative Principles, Carl H. Manson

Michigan Law Review

A review of LEGISLATIVE PRINCIPLES By Robert Luce.

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Other Publications

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Articles

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …

Legal Ethics, Clarence Archibald Lightner

Michigan Law Review

My purpose here is a discussion of (I) the meaning of "ethics" in a professional sense, and (2) the relation to the subject of the "Canons of Ethics" of the American Bar Association. I have before me a valuable booklet1 in which the author opposes, in one chapter, "Ethical Instruction in the Schools" and, in the other chapter, he favors "Moral Instruction in the Schools." In his use of words, "ethical" means theory, a science, while "moral" means habits, an art. He persuasively opposes, therefore, the "ethical" while contending for the "moral."

Note To Blackstone's Commentaries, Vol. I. Page 423, N. Beverley Tucker

Faculty Publications

No abstract provided.