Law Commons^™

Lawyers And Involuntary Clients: Attorney Fees From Funds, John P. Dawson

Addison Harris Lecture

No abstract provided.

An End, And Perhaps A Beginning, Tom C. Clark

Vanderbilt Law Review

As one who has devoted his professional lifetime, now in its fifty-first year, to the development of procedures and techniques for the improvement of the administration of justice, I say that there is no substitute for the original research furnished by the Race Relations Law Survey in the race relations field. It has made the most practical contribution to the improvement of race relations of any publication. One might compare this contribution to that of our law clerks here on the Court, who research and report on state and federal decisions previously made on a given topic. However, the Survey …

Book Reviews, Garrett Power, Joseph M. Boyd, Jr.

Vanderbilt Law Review

The Environmental Law Reporter in the Classroom

The Environmental Law Reporter' is a cumulative monthly loose-leaf service devoted chiefly to the environmental issues confronting private attorneys, governmental officials, and teachers. During the fall semester of 1971, the Reporter was employed as a text for the University of Maryland's basic course in environmental law. This review will attempt to measure its potential as a teaching tool.

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Guidebook for Litigation

The common law is still the most useful and flexible weapon in the arsenal of those who care enough about the quality of our environment to do something about it. This …

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.

Environmental Class Actions Seeking Damages: The Need For Environmental Class Action Suits, Richard D. Lamm, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Rx For Malpractice, Albert Averbach

Cleveland State Law Review

Every tragedy that becomes the subject of extensive coverage by the news media shortly turns into a focal point of malpractice litigation. This, of course, is inevitable and will ever be thus. Doctors for many years have been "spoon fed" stories and warnings about malpractice suits and hazards. Nothing, however, has been constructively advocated as to how this tide can be stemmed or what can be done in the face of it. Some years ago, Mark Twain wrote, "Everybody talks about the weather, but nobody does anything about it." It is our objective in this article to not only alert …

Litigation Versus Mediation Under Title Vii Of The Civil Rights Act Of 1964, Theodore J. St. Antoine

Articles

Report of the 1969 Proceedings of the Section of Labor Relations Law, American Bar Association.

The Judicial Panel On Multidistrict Litigation: Embryonic Guidelines For The Consolidation Of Pretrial Proceedings

Fordham Law Review

No abstract provided.

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Book Chapters

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily tum on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …

Book Review: The Art Of Persuasion In Litigation, Roslyn M. Litman

Scholarship

No abstract provided.

The Law Of Presumptions: A Look At Confusion, Kentucky Style, Robert G. Lawson

Law Faculty Scholarly Articles

Over the years the term “presumption” has been used by virtually all courts to “designate what are more accurately termed inferences or substantive rules of law.” It has also been used as a “loose synonym for presumption of fact, presumption of law, rebuttable presumption, and irrebuttable presumption.” To this list the Kentucky Court of Appeals had added mandatory presumption, presumptive evidence, and prima facie case. Perhaps of more significance than the indiscriminate use of terminology is the extent to which courts have used “presumptions” to describe judicial reasoning of various kinds and to perform chores more appropriate to unrelated procedural …

Severance -- A Means Of Minimizing The Role Of Burden And Expense In Determining The Outcome Of Litigation, Warren F. Schwartz

Vanderbilt Law Review

This article is divided into two main parts. First, it is assumed that the controlling question is how severance affects the likely outcome of litigation by altering the normal incidence of expense and burden. Then the article examines the question of whether there are overriding considerations (particularly the need for "tempering" by reference to the entire controversy) which require that severance be withheld even if dictated by considerations of economy.

Abstracts Of Recent Cases, Edward Perry Johnson

West Virginia Law Review

No abstract provided.

How To Try A Personal Injury Case, James Dooley

Cleveland State Law Review

Proper presentation of a case in court is dependent upon proper preparation. Proper presentation means an intimate knowledge of the facts, the parties, possible witnesses, and, o fcourse, the governing legal principles. Indeed, proper preparation means far more than knowledge. It embraces true compre-hension. Before an advocate can present his client's cause or meet his adversary on equal terms, he himself must completely understand the problem. Clear expression of an idea is impossible without a clear understanding of it.

Lobbying The Supreme Court—An Appraisal Of "Political Science Folklore", Nathan Hakman

Fordham Law Review

No abstract provided.

Spurious Class Actions Based Upon Securities Frauds Under The Revised Federal Rules Of Civil Procedure

Fordham Law Review

No abstract provided.

Book Reviews, Elliott E. Cheatham, George Rossman

Vanderbilt Law Review

Lawyer and Litigant in England: The Hamlyn Lectures, 1962

By R.E. Megarry

London: Stevens & Sons, Limited, 1962. Pp. x, 205.

reviewer: Elliott E. Cheatham

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The Language of the Law

Boston: Little,Brown & Co., 1963. Pp. xiv, 526. $12.50.

By David Mellinkoff

reviewer: George Rossman

Segregation Litigation In The 1960s: Is There An Affirmative Duty To Integrate The Schools?

Indiana Law Journal

No abstract provided.

The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.

A Lecture On Appellate Advocacy, Karl N. Llewellyn

Addison Harris Lecture

No abstract provided.

Advisory Opinions In India, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell

Vanderbilt Law Review

To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …

The Essential Ingredients For Zoning Litigation, Allen Fonoroff

Fordham Law Review

No abstract provided.

Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr

Vanderbilt Law Review

Though it is true that in malpractice suits more than in any other type of litigation, the plaintiff must have a strong case on the merits, it is equally important and almost a necessity in most malpractice cases that patient's counsel carefully and thoroughly condition the jurors' minds from the very outset to a psychological acceptance of this type of litigation. Far too many veniremen, before they have been selected as trial jurors in a malpractice suit, have the attitude that (1) a "malpractice" suit connotes conduct either criminal, quasi-criminal or unethical on the part of the doctor or hospital; …

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

William & Mary Law Review

No abstract provided.

Some Problems Of Proof Under The Anglo-American System Of Litigation, C. E. Goodwin

West Virginia Law Review

No abstract provided.

Rules Of Evidence -- Substantive Or Procedural?, Edmund M. Morgan

Vanderbilt Law Review

It hardly needs stating that the definition of a legal word or term depends upon the purpose for which it is to be defined. If in framing a generalization designed to state a rule or make a discrimination applicable in a specific topic or field of the law, the courts use specified terms, it by no means follows that they intend those terms to be understood in the same sense in generalizations dealing with problems in another topic or field. The words, substance or substantive and procedure or procedural, have been used most frequently in three separate situations: (1) in …

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …

Current Trends In The Business Of The Federal District Courts, Will Shafroth

Vanderbilt Law Review

Congestion in the dockets of many United States district courts in metropolitan centers has called attention to the effects on the judicial business of the great economic development of the past few years, a growth which far exceeds in extent that in any period of equal duration in our history. In the short space of thirteen years from 1940 to 1952 the market value of the output of goods and services produced by the nation's economy increased from 101 billions to 346 billions. Part of this phenomenal rise was due to a 90 percent increase in the cost of living, …

Dalehite V. United States: A New Approach To The Federal Tort Claims Act?, Massillon M. Heuser

Vanderbilt Law Review

The decision for the United States in "Dalehite v. United States,"'though by a closely divided Supreme Court, possibly indicates a turning point in litigation involving the construction of the Federal Tort Claims Act. The trend theretofore had been to expand the concept of suability and liability expressed in the Act. In "United States v. Aetna Casualty and Surety Co." the Court had established the right of an insurer-subrogee to sue in its own name on a portion of a claim arising in favor of the insured-subrogor, despite the Anti-Assignment Statute and the obvious procedural and administrative difficulties not dealt with …