Law Commons^™

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship

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Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan

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Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run

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Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless

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Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings

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Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land

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Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

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Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

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Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

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Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

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Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

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Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

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CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

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CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

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CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

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EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

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FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

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INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

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LABOR …

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

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.

Michigan Law Review

In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …

Recent Cases, Law Review Staff

Vanderbilt Law Review

A Commentary on Recent Case Law --By Subject:

Constitutional Law--Due Process--Use in State Prosecution of Evidence obtained by Illegal Invasion of Privacy

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Constitutional Law--Unlawful Search and Seizure--Admissibility of Evidence for Impeachment Purposes

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Evidence--Radar Evidence of Speed--Coincidence of Radar and Speedometer Readings as Hearsay

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Federal Courts--State NonResident Motorist Statute--Waiver of Federal Venue Privilege

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Federal Jurisdiction--Diversity of Citizenship--Retroactive Effect of Amendments to Perfect Jurisdiction

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Income Taxation--Deductions--Periodic Alimony Payments

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Labor Law--Preemptive Effect of Taft-Hartley--Scope of State Jurisdiction

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Torts--Dog Bite--Owner's Scienter

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Workmen's Compensation--Accident Arising out of Employment--Pre-Existing Heart Disease

Constitutionality Of Submitting To Jury Voluntariness Of Confession When There Is Other Evidence Sufficient To Convict - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Right Of Accused To Be Confronted With His Accusers Not Guaranteed By The Fourteenth Amendment - Stein V. People Of The State Of New York

Maryland Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

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Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF CARRIER REGULATION REQUIRING RACIAL SEGREGATION

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CONSTITUTIONAL LAW--POLITICAL QUESTIONS--GEORGIA COUNTY UNIT VOTE SYSTEM

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DIVORCE--ALIMONY IN DEFAULT DECREES--POWER OF COURT TOWARD ALIMONY IN ABSENCE OF PRAYER THEREFOR IN COMPLAINT

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EVIDENCE--PROOF OF CORPUS DELICTI--CORROBORATION OF DEFENDANT'S CONFESSION BY HIS OWN SPONTANEOUS STATEMENTS

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FEDERAL COURTS--VENUE--USE OF STATE NONRESIDENT MOTORIST STATUTE TO IMPLY WAIVER

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GIFT TAXES--TRANSFER MADE UNDER DIVORCE DECREE INCORPORATING PREDIVORCE PROPERTY SETTLEMENT--EFFECT OF PROVISION IN SETTLEMENT THAT IT WOULD BE BINDING REGARDLESS OF TERMS OF DIVORCE DECREE

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INSURANCE--NOTICE TO AGENT REPRESENTING TWO INSURERS--ESTOPPEL PREVENTING COMPANY SECONDARILY LIABLE FROM CLAIMING AGAINST COMPANY …

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Assault and Battery--Injury Sustained in Prize Fig

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Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction

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Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional

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Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants

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Criminal Procedure--Use of Jury Primer Prior to Trial

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Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission

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Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony

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Interstate Commerce--Sherman Act--Applicability to Organized Baseball

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Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …

Evidence-Constitutional Law-Self-Incrimination Applied To Method Of Identification

Indiana Law Journal

No abstract provided.

Municipal Corporations-Evidence-Constitutional Law

Indiana Law Journal

No abstract provided.

The Right Of The Accused In A Criminal Case Not To Be Compelled To Be A Witness Against Himself, Mose E. Boiarksy

West Virginia Law Review

No abstract provided.

Constitutional Law--Unreasonable Searches And Seizures--Admissibility Of Evidence, Anne Slifkin

West Virginia Law Review

No abstract provided.

Criminal Law--Evidence Obtained By Illegal Search And Seizure, R. M. M.

West Virginia Law Review

No abstract provided.

Constitutional Law--Evidence--Searches And Seizures, H. C. H.

West Virginia Law Review

No abstract provided.