Law Commons^™

Towards A World Rule Of Law-Customary International Law In American Courts, Alan Schechter

Fordham Law Review

A major factor in the development of a world rule of law is the attitude of municipal courts toward questions possibly involving international customary law. Mr. Schechter reviews the practice of American federal and state courts since the end of World War II, concentrating on the types of evidence considered to establish the existence of customary rules.

Sound Recording Devices Used As Evidence, Peter P. Roper

Cleveland State Law Review

Recordings have been offered in evidence in a wide variety of cases, including an attempted bribery of a draft board official, treasonous radio broadcasts, conspiracy to obstruct justice in a federal narcotics case, illegal short-wave radio transmissions aiding the illegal entry of Mexican nationals, disturbance to a motel by barking dogs in an adjoining pet hospital, and noises made by trains, planes, and a cement factory. Use by attorneys is virtually limitless, including the recording of discussions with clients, of library research, of depositions, and of wills.

Evidence, Samuel Sonenfield

Case Western Reserve Law Review

No abstract provided.

Witness Privilege Against Self-Incrimination In The Civil Law, Manfred Pieck

Villanova Law Review (1956 - )

No abstract provided.

Procedure And Evidence--1959 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

This survey of Procedure and Evidence is in most respects merely a horizontal digest of the cases which have been published between June 1, 1958, and June 1, 1959. Only a few decisions are of the character and importance that would call for comment in regular course in a law review like the Vanderbilt Law Review. Many of them are mere illustrations of inexcusable disregard by counsel of our applicable statutes and rules and previous decisions of our appellate courts interpreting them. Whether this sort of treatment of the subject is justifiable is open to serious question. The answer depends …

The Opinion Rule And Wittgenstein's Tractatus, Ralph Slovenko

University of Miami Law Review

No abstract provided.

Ballistics: A Study Of The Expert Witness, Stuart R. Hays

William & Mary Law Review

No abstract provided.

Criminal Law And Procedure--1959 Tennessee Survey, Robert E. Kendrick

Vanderbilt Law Review

Conspiracy--Cline v. State was an appeal from a conviction of a conspiracy to dynamite and destroy a public school building in Clinton, Tennessee, in violation of a statute making it a felony for two or more persons to agree "to commit an illegal act capable of producing conditions destructive to life or property.. ." by possessing, transporting or using explosives. Three men, D1, D2 and D3, had been indicated; but, before defendants were put to trial, the state entered a "nolle prosequi" against D1, who became a state's witness. Afterwards, D2 was acquitted in the same trial in which D3, …

The Requirement Of A Religuous Belief For Competency Of A Witness, Virgil W. Duffie Jr.

South Carolina Law Review

No abstract provided.

Evidence - Prejudicial Effects Of Unanswered Question, Hugh T. Ward

Louisiana Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--JURISDICTION--RESIDENCE AS A JURISDICTIONAL BASIS FOR DIVORCE

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CORPORATIONS-SECURITIES ACTS--DISTINCTION BETWEEN "CLASS" AND "SERIES" UNDER SECTION 16(b) OF SECURITIES EXCHANGE ACT

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CORPORATIONS-STOCK DIVIDENDS-INCONSISTENCY BETWEEN TRADITIONAL AND MODERN CONCEPTS OF STOCK DIVIDENDS

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CRIMINAL PROCEDURE-EVIDENCE-STATUTORY LIMITATION OF JENCKS DECISION

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EVIDENCE--SEARCHES AND SEIZURES--INADMISSIBILITY IN FEDERAL COURT OF EVIDENCE OBTAINED THROUGH AN UNREASONABLE SEARCH BY STATE OFFICERS

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EVIDENCE--WITNESSES-ABILITY OF ONE SPOUSE TO TESTIFY AGAINST THE OTHER IN FEDERAL CRIMINAL PROCEEDINGS

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HABEAS CORPUS--FEDERAL COURT REMAND OF PETITIONER TO STATE COURT FOR NEW TRIAL

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MUNICIPAL CORPORATIONS--TORT LIABILITY--DUTY TOPROVIDE POLICE PROTECTION TO INFORMERS

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TAXATION--ESTATE TREASURY REGULATIONS ON GOVERNMENT …

Abstracts Of Recent Cases, G. H. A.

West Virginia Law Review

No abstract provided.

An Introduction To The Study Of Presumptions, Ernest F. Roberts

Villanova Law Review (1956 - )

No abstract provided.

Admissibility Of Extrajudicial Identification As Substantive Evidence, Martin A. Dyer

Maryland Law Review

No abstract provided.

Evidence, Charles H. Randall Jr.

South Carolina Law Review

No abstract provided.

Speeding And Due Process, Morris D. Forkosch

Fordham Law Review

No abstract provided.

The Use Of Expert Evidence In Res Ipsa Loquitor Cases, Graham L. Fricke

Villanova Law Review (1956 - )

No abstract provided.

Business Corporations And Partnerships, Marshall T. Mays

South Carolina Law Review

No abstract provided.

Evidence, Charles H. Randall Jr.

South Carolina Law Review

No abstract provided.

Taxation, Charles H. Randall Jr.

South Carolina Law Review

No abstract provided.

Annual Survey Of Tennessee Law, Harold Seligman

Vanderbilt Law Review

Of particular significance in this field during the survey year has been the decision of the Supreme Court of Tennessee in Southern Bell Tel. and Tel. Co. v. Tennessee Pub. Serv. Comm'n. Several aspects of administrative law are involved in this holding, including scope of review, evidence to be considered by the court on review, and the rate-making function...

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In Flowers v. Benton County Beer Board, the license of a beer permit holder was revoked by a county beer board due to the holder's plea of guilty to driving an automobile while under the influence of an intoxicant in …

Procedure And Evidence -- 1958 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction and Sufficiency on Demurrer: A pleading must be construed in the light of matters judicially noticed; an allegation of facts from which the inference of the existence of an essential fact is no more reasonable or is less reasonable than an inference of its non-existence is not the equivalent of an allegation of that essential fact. ...

Thus in an action against a Pension Board for money due, a demurrer to the bill of complaint specifying only the failure to allege a ground of recovery does not raise the question whether the decision of the Pension Board is made …

Variable Verbalistics -- The Measure Of Persuasion In Tennessee, Kenneth L. Roberts, William M. Sinrich

Vanderbilt Law Review

In a trial one party always has the affirmative burden of persuading the finder of fact to adopt his allegations as true. This burden is met by inducing a particular degree of belief in the mind of the fact finder.'Manifestly, absolute truth is not attainable in a lawsuit. Rather certain facts are found to exist from all the evidence presented and these findings labeled true for the purposes of the case. Since different factual situations require different measures of persuasion, it is necessary that the fact finder, whether judge or jury, know and understand the particular measure applicable in order …

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 …

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. …

Criminal Law And Procedure -- 1958 Tennessee Survey, Charles H. Miller

Vanderbilt Law Review

In surveying the field of criminal law and procedure the cases presented to the supreme court during the year were little more than normal or typical. Several of the criminal cases are not presented in detail in this article, as they are dealt with in other survey sections.

A Defendant's Appearance As Evidence Of His Age

Washington and Lee Law Review

No abstract provided.

Business Records As Evidence In West Virginia, R. M.

West Virginia Law Review

No abstract provided.

Evidence--Res Gestae--Spontaneous Declarations, J. D. Mcd.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, J. L. R.

West Virginia Law Review

No abstract provided.