Civil Law Commons^™

Fair Housing Laws And Brokers' Defamation Suits: The New York Experience, Michigan Law Review

Michigan Law Review

The New York Law Against Discrimination, originally enacted in 1945 to eliminate discrimination in employment because of race, creed, color, or national origin, has been steadily broadened to encompass discrimination in such areas as public accommodations and private housing. The law was amended in 1961 and 1963 to enable the State Commission for Human Rights to prevent. discrimination by either the owner or the real estate broker in the selling, renting, or leasing of any housing accommodation or commercial space. Despite the apparently broad protection established by the sweeping language of the statute, real estate brokers have discovered a novel …

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Consent To A Search And Seizure By A Member Of The Suspect's Family: A Survey Of The Problems, William H. Ledbetter Jr.

University of Richmond Law Review

Constitutional provisions, statutes and common law rules of criminal procedure, desigmed to protect an individual's privacy and security, require that most searches and seizures in the Anglo-American system of jurisprudence be conducted pursuant to a warrant. The Fourth Amendment of the Constitution of the United States, now applicable to the states, Mapp v. Ohio, ex- plicitly limits searches and seizures and outlaws the broad, general warrants and writs of assistance of the eighteenth century.

Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.

Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review

Michigan Law Review

To secure compliance with federal income tax laws, Congress has provided both criminal and civil penalties. Fines and imprisonment are imposed under section 7201 of the Internal Revenue Code if the Government can prove beyond a reasonable doubts a willful attempt to evade or defeat taxation. Section 6653(b) authorizes, as a civil sanction, a fifty per cent addition upon findings by the Commissioner of fraudulent underpayment. These findings, if challenged by the taxpayer, need only be sustained by a preponderance of the evidence. Because of the similarity between the acts condemned by sections 7201 and 6653(b), conviction under section 7201 …

The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review

Michigan Law Review

Many nations do not accord conclusive effect to foreign judgments unless their own judicial decrees are reciprocally enforced by the country rendering the judgment. The law in the United States is unsettled, with some states holding that foreign judgments are reviewable on the merits if the judgment forum similarly reviews the merits of American decrees, while others accord conclusive effect to valid foreign money judgments regardless of the effect accorded American decrees in the judgment forum. Judgments in the latter states would seem entitled to conclusive enforcement in countries requiring reciprocity. However, such conclusive recognition has been hindered because many …

Civil Disobedience V. The Rule Of Law, Lewis F. Powell Jr.

Powell Speeches

Lecture at Union Theological Seminary, Richmond, Virginia

Preservation Of The Civil Jury System, Stanley E. Sacks

Washington and Lee Law Review

No abstract provided.

The Report Of The Osgoode Hall Study On Compensation For Victims Of Automobile Accidents, Allen M. Linden

Books

The Osgoode Hall Study was aimed at filling the factual lacuna which prevented an informed assessment of the Ontario system of compensating automobile accident victims. Those in charge of the study set out to collect and analyze statistical data which would illuminate the strength and weaknesses of the present system of loss distribution. A survey was designed which would discover the financial costs incurred by injured individuals and whether they were uncompensated, undercompensated or overcompensated for these costs. The project further aimed at describing the interrelation of the tort, private loss insurance and government reparation schemes, the role of lawyers …

Soviet Tort Law: The New Principles Annotated, Whitmore Gray

Book Chapters

AT 2:20 A.M. ON MAY 1, 1962, while riding his bicycle along the Simferopol' Highway in the company of Baturin, Pronin fell and injured his shoulder. Leaving his bicycle with Pronin, Baturin went on foot to a nearby village to summon medical aid. Pronin waited for him for awhile, and then decided to go back to the village of Volosovo in a passing car. Seeing the Tula-Moscow bus coming, he ran onto the road and waved. The driver, Markelov, seeing Pronin run onto the road 50 feet ahead of the bus, swerved to the left, went into the left lane, …

Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults

Books

This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.

Compulsory Conciliation For New York, Willaim Burns Lawless

Journal Articles

It has been proposed that a state commission to study matrimonial statutes be created in New York. While this proposal has merit, New York state should in any event adopt legal procedures requiring compulsory conciliation where parties to a marriage undertake formal proceedings for legal separation or divorce.

Perhaps the most remarkable progress in this direction has been made in California and in Wisconsin, and we believe the experiences of these two states provide a helpful pattern for new procedures in New York. We think that New York law dealing with conciliation in marriage must be amended and strengthened if …

Book Review Of Domestic Relations - Civil And Canon Law, Robert F. Drinan S. J.

Journal of Legal Education

No abstract provided.

Antitrust Civil Process Act-Requirements For A Civil Investigative Demand, Mary Mandana Long

Michigan Law Review

Petitioner sought an order from the United States District Court for the District of Minnesota modifying or setting aside a Civil Investigative Demand served upon it by the Antitrust Division of the Department of Justice. The demand was issued pursuant to the Antitrust Civil Process Act, which provides a compulsory pre-complaint procedure through which the Department of Justice may obtain documentary information upon which it can make a determination of whether there has occurred a violation of the antitrust laws. Section 1312(b) of the act requires that the demand state the nature of the conduct constituting the alleged violation, recite …

New Regulations For Explosives, Department Of Agriculture, Western Australia

Journal of the Department of Agriculture, Western Australia, Series 4

THE Explosives Regulations, 1963, are now in operation and the new rules will affect purchase and keeping of explosives by small users.

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …

Liability Of Parking Lot Operators For Car Thefts

Washington and Lee Law Review

No abstract provided.

Enhancement Of Value As Element Of Artisan's Lien

Washington and Lee Law Review

No abstract provided.

Grzybowski: Soviet Legal Institutions: Doctrines And Social Functions, Isaac Shapiro

Michigan Law Review

A Review of Soviet Legal Institutions: Doctrines and Social Functions. By Kazimierz Grzybowski.

Seminar In Administration Of Civil Justice: Exposure Of Law Students To Fact-Finding Techniques Of The Sociologists, Jack B. Weinstein

Journal of Legal Education

No abstract provided.

Securities Exchange Act Of 1934--Cml Remedies Based Upon Illegal Extension Of Credit In Violation Of Regulation T, Robert G. Lane

Michigan Law Review

Following the stock market crash of 1929, there was considerable agitation for the regulation, and even the elimination, of the purchasing of securities on credit. Indeed, the extension of credit for the purchasing of securities became an issue in the 1932 presidential campaign and finally, in 1934, came under direct federal control. Although the federal regulations were intended to eliminate the hazards associated with the extension of credit for the purchasing of securities, all the available evidence indicates that the substantial amount of credit in the stock market was a significant factor in pushing up prices during the bull market, …

Comments On Recent Cases, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.

Change Of Venue And Change Of Judge In A Civil Action In Indiana: Proposed Reforms

Indiana Law Journal

No abstract provided.

Some Problems Of Revocation And Termination Of Offers, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Drunken Driving-The Civil Responsibility Of The Purveyor Of Intoxicating Liquor, Daniel E. Johnson

Indiana Law Journal

No abstract provided.

Summary Proceedings In Direct Contempt Cases, Thomas R. Allen

Vanderbilt Law Review

That the "power and majesty" of the law, personified by the court and its decrees, could not be lightly brushed aside even by a prince was a settled fact by the time of Shakespeare; it remains so today. But the proceedings by which such an offense may be punished is another matter. At the present time a large number of contempts are disposed of by summary proceedings. It was not always so, and recently a number of highly respected judges and writers have begun to argue that the practice should be discontinued. This revival of interest is the raison d'etre …

The Constitutional And Judicial Organization Of France And Germany And Some Comparisons Of The Civil Law And Common Law Systems, Joseph Dainow

Indiana Law Journal

This article is based on lectures delivered at the International Faculty of Comparative Law in Luxembourg, August 1960

Transfer Of Civil Actions Under 28 U.S.C. § 1404(A)

Indiana Law Journal

No abstract provided.