Civil Law Commons^™

Changing Attitudes Toward Euthanasia, Alice V. Mehling

IUSTITIA

Death is a very individual matter which does not readily lend itself to collective decision. Medical ethicists frequently conclude that to allow a person to die from malice is more reprehensible than to help a person to die from mercy. The most striking change which is taking place in consideration of the problem is recognition of the need to reinforce the patient's right to decide on the course of medical treatment.

A New York Times editorial of February 3, 1903 condemned the practice of active euthanasia by comparing it to "practices of savages in all parts of the world". Seventy …

Fisher V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Role Of Judicial Decisions And Doctrine In Civil Law And Mixed Jurisdictions, Edited By Joseph Dainow, Jurij Fedynskyj

Indiana Law Journal

No abstract provided.

Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann

Vanderbilt Law Review

Recent Cases

Administrative Law--Federal Trade Commission Act--Restitution Held Improper in Section Five Cease and Desist Order

Richard C. Stark

Congress enacted section five'° of the Federal Trade Commission Act in 1914 to supplement" the antitrust provisions of the Sherman Act.'" The section declared unfair methods of competition illegal and placed the power to define and prohibit unfair methods in the hands of an independent regulatory commission, the FTC.' In conferring this power, Congress intended this body of experts to educate and guide the business community toward the goal of securing higher standards of business conduct.

Sherman Act, antitrust

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Constitutional …

The Mixed Courts Of Egypt: A Study Of The Use Of Natural Law And Equity, Gabriel M. Wilner

Scholarly Works

The system of Mixed Courts in Egypt was an unusual institution. It represented an international solution in the context of what was obviously a colonial situation. The system lasted 74 years from 1876 to 1949. A system of law was established whose sources were general codes created especially for use by the Mixed Courts. The Charter of the Mixed Courts specified two residual sources of law. It is these sources and their application upon which this paper is principally focused. Article 34 reads: "The new Courts, in the exercise of their jurisdiction in civil and commercial matters, and within the …

The New Civil Disturbance Regulations: The Threat Of Military Intervention, David E. Engdahl

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

Civilian Control: New Perspectives For New Problems, Adam Yarmolinsky

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The Progressive User Tax As An Alternative Method Of Financing Civil Jury Costs, John William Gergacz

Indiana Law Journal

No abstract provided.

How The Uniform Crime Victims Reparations Act Works, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Uniform Crime Victims Reparations Act, approved by the American Bar Association's House of Delegates, has been submitted to state legislatures. This timely act seeks recompense for the victims of crimes, but also incorporates numerous safeguards to prevent abuse.

The American Bar Association's House of Delegates, meeting in Houston on February 5, 1974, approved an idea whose time is rapidly approaching the Uniform Crime Victims Reparations Act. The act is the product of a committee of the National Conference of Commissioners on Uniform State Laws for which I served as consultant and reporter over its three years of deliberations. The …

The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn

Journal Articles

The marital property provisions of the new Missouri divorce law render the tax treatment of property transfers and alimony payments unclear. As to property transfers, the problem is that the new law appears to give the wife an interest in property that previously would have been regarded as belonging to the husband. Since this is so, it is possible to argue that a “transfer” of appreciated property to the wife is part of a “division” of property between “co-owners,” and therefore not taxable. Although transfers of appreciated property in connection with a divorce are usually taxable, divisions of community property …

The Civil Law Of Quebec: Some Disjointed Notes For A Lecture, G. V. V. Nicholls

Dalhousie Law Journal

Quebec private law, though not the public law, can be regarded as a reasonably characteristic example of that system of law known as the Civil Law, one of the world's great legal systems; and you live in the province of Prince Edward Island and I of Nova Scotia, where another of the world's great systems flourishes, the Common Law - you will notice that I say "another", not "the other". It is right and proper that we should attempt to familiarize ourselves with at least one other system of law besides our own, not necessarily with the detailed rules, which …

Bradley V. School Board Of The City Of Richmond, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

California Bankers Association V. Shultz, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Foundations Of Legal Attitudes Toward Welfare Recipients' Rights And Privileges: A Survey, Raymond A. Shapek

North Carolina Central Law Review

No abstract provided.

Dismissal In Civil Cases For Nondisclosure Of Surveillance Records: Potential Conflicts With An Eavesdropper's Constitutional Rights, Mark J. Rogers

Indiana Law Journal

No abstract provided.

Interlocutory Orders Are Not Appealable In Government Civil Antitrust Litigation., Donald C. Mccleary

St. Mary's Law Journal

Abstract Forthcoming.

Indigent Access To Civil Courts: The Tiger Is At The Gates, Wayne H. Scott

Vanderbilt Law Review

The accusation that justice in America has become a luxury has been heard with increasing frequency in recent years. An often criticized aspect of this perceived discrimination is that the poor are systematically deprived of effective access, and frequently of any access at all, to the judicial process by the varied and burdensome expenses of civil litigation.' Although these financial barriers have been subjected to increasingly successful attacks in the courts, the extent to which they have been lowered remains unclear. Nevertheless, an examination of the steps already taken to alleviate the problem of the indigent civil litigant raises hopes …

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.

Introduction, Thomas L. Shaffer

Journal Articles

This symposium abounds with learning and insight, but one should not overlook the fact that its purposes and its effect are revolution. Institutional confinement of the "mentally ill" in America is a massive social failure and a festering evil. These authors lawyers, social scientists, scholars, psychiatrists, and students have a target in their sights, and they are not out primarily to analyze the target; they are out to destroy it.

Northcross V. Board Of Education Of Memphis City Schools, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Analysis Of The Food Stamp Program In The United States, Milton Fitch Jr.

North Carolina Central Law Review

No abstract provided.

Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"

University of Richmond Law Review

In 1968, substantial changes occurred m the statute allowing recovery for wrongful death in Virginia. The General Assembly established "dependents" as a new class of persons, entitled to recover up to a maximum of $50,000 in proportion to their "pecuniary loss." The statute also designates a class of persons as beneficiaries and allows them to recover an additional $25,000 for solace. Thus, the total amount potentially available to persons who qualify as both a dependent and a statutory beneficiary is $75,000.

Civil Arrest In North Carolina, Ernest B. Fullwood

North Carolina Central Law Review

No abstract provided.

The Lawyer And The Private Legal Process, L. Ray Patterson, Elliott E. Cheatham

Vanderbilt Law Review

Private law--particular rules created for and applied to particular individuals to govern their relationships with each other--is a marked characteristic of society. People in a nation of free enterprise with a developing, malleable economy must have the freedom and the power to shape their legal relations with one another through the use of rules of law suited to their goals. Most of this law--contracts, wills, and trusts--has only temporary effect. The terms are limited, and all of it is for a private, rather than a public purpose. The limited scope of private law, however, is not a good measure of …

Civil Liability For Causing Suicide: A Synthesis Of Law And Psychiatry, Victor E. Schwartz

Vanderbilt Law Review

If suicide is a deliberate, intentional act by an individual, how can one person be "civilly liable for causing the suicide of another"? The paradox suggested by this question has caused many courts to shy away from imposing civil liability for causing suicide.' In certain situations,however, a growing number of courts are permitting recovery. Since suicide is on the increase both in numerical terms and in rank as a cause of death in the United States it can be expected that even more tort claims will be brought by parties attempting to fix civil responsibility on someone other than their …

Imprisonment Of Indigent Defendants For Nonpayment Of Fines

University of Richmond Law Review

The use of fines as a criminal sanction has been a part of Anglo-American law for over six hundred years. From the inception of this penalty, however, law making bodies have had to deal with the convicted criminal who fails or refuses to pay the fine imposed upon him. The early non-paying offender faced being sold into slavery unless the necessary funds could be produced by family or friends. From such early remedies for default our present more civilized alternative of imprisonment arose.

Fundamentos Del Derecho Civil Romano, I. B. Novitsky

Mario Diaz Cruz Pamphlets

Primera Parte.

Traducción Delio Carreras Cuevas.

Fundamentos Del Derecho Civil Romano, I. B. Novitsky

Mario Diaz Cruz Pamphlets

Segunda Parte.

Traducción Delio Carreras Cuevas

Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 provides that it is an unlawful employment practice to discriminate in hiring because of an individual's race, color, religion, sex or national origin. The purpose of this title is to eliminate discrimination in the labor market so as to afford persons with the ability to perform work and earn their livings the opportunity to do so without penalty because of one of these factors.

Judicial Creation Of Direct Actions Against Automobile Liability Insurers: Shingleton V. Bussey, Jason G. Reynolds

Vanderbilt Law Review

Elizabeth R. Bussey commenced a negligence action in a Florida state trial court against Frances R.B. Shingleton for damages sustained in an automobile mishap. The accident itself was a rather ordinary rear-end collision. Out of the ordinary, however, was the fact that the plaintiff joined as a party defendant Shingleton's liability insurer, Nationwide Mutual Insurance Company. The trial judge, following the insurance policy's non-joinder provisions' and the weight of authority in Florida and elsewhere, granted Nationwide's motion that it be dismissed as a party defendant. Plaintiff appealed this order to the Florida District Court of Appeal on the theory that, …