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Articles 4441 - 4470 of 4719

Full-Text Articles in Civil Law

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton Mar 1970

Informing A Jury Of The Legal Effect Of Its Answers., James G. Denton

St. Mary's Law Journal

Limiting jury consideration to facts, as opposed to the outcome, best serves special issue systems. The purpose of the special issues system is to ensure juries answer the presented questions without bias or prejudice. Though several writers have persuasively advocated for advising juries of the consequences of their findings, doing so seems to undermine the purpose of special issue systems because it allows for juries to answer questions with reference to their desired outcome. To ensure juries answer issues on the facts alone, trial judges should not give a jury, directly or indirectly, any information that may apprise them of …

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1970-1973 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court Jan 1970

1970-1973 Rowan County (Ky.) Minute Book, Rowan County (Ky.) Circuit Court

Rowan County Circuit Court Ledgers

Minute Book from Rowan County (Ky.) Circuit Court from 1970 to 1976.

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Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

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Illegitimacy: Equal Protection And How To Enjoy It, H. G. G. Iii Jan 1970

Illegitimacy: Equal Protection And How To Enjoy It, H. G. G. Iii

Georgia Law Review

The purpose of this Note is to demonstrate that the way is now clear to remove legally sanctioned discrimination against the illegitimate and to grant him the full citizenship denied him for centuries. Specifically, it is argued that since the illegitimate is treated equally with other children insofar as the mother-child relationship is concerned, it is but a simple extension of this status to afford the bastard the potentially more significant rights of the father-child relationship. Although the illegitimate has made some progress from his status of near nonexistence at common law, dearly there is much progress still to be …

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Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii Jan 1970

Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii

Georgia Law Review

The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person who forces another to engage counsel either to vindicate, or defend, a right should bear the expense of such engagement and not his successful opponent.

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Recent Decisions Jan 1969

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.

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Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony Jan 1969

Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony

University of Richmond Law Review

At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.

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A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair Jan 1969

A Comparison Of The Roles Of American And Civil Law Judges In The Development Of The Law, James C. Hair

Vanderbilt Journal of Transnational Law

The traditional distinction between a judge in the Civil Law System and his counterpart in the United States is that the former only applies codified law, while the latter not only applies but also "makes" law through judicial decision. The theory underlying the Civil Law System holds that development of the law is the exclusive province of the legislature and that judges are not to engage in such activity unless the legislature permits it. In France, for example, to ensure that judges do not exceed their authority, the Civil Code prohibits a judge, under threat of criminal sanction, from basing …

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Civil Disobedience: Prelude To Revolution?, Lewis F. Powell Jr Oct 1967

Civil Disobedience: Prelude To Revolution?, Lewis F. Powell Jr

Powell Speeches

Delivered at Southern Company Conference of Directors and Executives, Point Clear, Alabama.

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Mutuality Of Estoppel-Affirmative Use Of Collateral Estoppel- Conflicting Judgments Affecting Similarly Situated Claimants, William R. Pietz Oct 1967

Mutuality Of Estoppel-Affirmative Use Of Collateral Estoppel- Conflicting Judgments Affecting Similarly Situated Claimants, William R. Pietz

Indiana Law Journal

No abstract provided.

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Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review May 1967

Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review

Michigan Law Review

Appellants applied for an injunction in a federal district court in Virginia to prevent the Prince Edward County Board of Supervisors from paying out tuition grants to parents whose children attended private segregated schools. The district court refused to issue the injunction, and the appellants appealed. They asked to have their appeal accelerated, but, since the Court of Appeals for the Fourth Circuit was not then in session, the Chief Judge requested the Clerk of Court to ask the Board of Supervisors to stipulate that no tuition grants would be paid pending the appeal. The Board refused to make the …

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Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost Mar 1967

Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost

Michigan Law Review

On April 16, 1964, the Texas Gulf Sulphur Company announced one of the most significant mineral discoveries of the twentieth century-a major copper and zinc deposit near Timmins, Ontario, found by means of geophysical exploration and exploratory drilling. Unusual market activity prior to this announcement prompted a Securities Exchange Commission (SEC) investigation of insider stock transactions. In April 1965, the SEC brought suit against a group of Texas Gulf insiders, alleging that their purchase of stock on national exchanges before the disclosure of the information concerning the Timmins strike constituted a violation of section 10(b) of the Securities Exchange Act …

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Forward: A Symposium On Restitution, John P. Dawson Oct 1966

Forward: A Symposium On Restitution, John P. Dawson

Vanderbilt Law Review

The editors of the Vanderbilt Law Review deserve praise for arranging this symposium on the neglected subject of Restitution, a great and growing area of our private law whose literature is extra-ordinarily meager. Partly because of this neglect by legal scholars,the practicing profession as a whole remains unaware of the range and variety of restitutionary remedies and the possibilities they offer for solving problems that are otherwise intractable. The volume of restitution cases reported in current advance sheets shows that courts and lawyers are learning to make use of restitution remedies, but the subject still inspires hesitation and diffidence, for …

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The English Constructive Trust:A Look Into The Future, D. W.M. Waters Oct 1966

The English Constructive Trust:A Look Into The Future, D. W.M. Waters

Vanderbilt Law Review

In view of the history of the common law and of equity, a history shared by all common law jurisdictions, it would be nonsense to say that English law does not offer the deprived plaintiff relief. Of course, it does. What we have not been willing to do, however, is to rationalise the miscellany of remedies that exist. And, since we have not been prepared to rationalise, there are inconsistencies be-tween and within remedies, and a marked lack of development, particularly on the equity side. This has long been the complaint of the English lawyers who, since Lord Wright's first …

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Book Review Of Civil Law In The Modern World, Arthur Taylor Von Mehren Jun 1966

Book Review Of Civil Law In The Modern World, Arthur Taylor Von Mehren

Journal of Legal Education

No abstract provided.

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Book Review Of Cases And Materials On California Community Property, Donald C. Knutson Jun 1966

Book Review Of Cases And Materials On California Community Property, Donald C. Knutson

Journal of Legal Education

No abstract provided.

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Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr. May 1966

Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.

Michigan Law Review

Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …

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Contemporary Civil Disobedience: Selected Early And Modern Viewpoints Apr 1966

Contemporary Civil Disobedience: Selected Early And Modern Viewpoints

Indiana Law Journal

No abstract provided.

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Fair Housing Laws And Brokers' Defamation Suits: The New York Experience, Michigan Law Review Mar 1966

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 …

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Proof By Confession, O. John Rogge Jan 1966

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

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A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich Jan 1966

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

Villanova Law Review (1956 - )

No abstract provided.

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Recent Cases Jan 1966

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

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

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Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch Jan 1966

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.

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The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review Dec 1965

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 …

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Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review Dec 1965

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 …

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Civil Disobedience V. The Rule Of Law, Lewis F. Powell Jr. Oct 1965

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

Powell Speeches

Lecture at Union Theological Seminary, Richmond, Virginia

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Preservation Of The Civil Jury System, Stanley E. Sacks Mar 1965

Preservation Of The Civil Jury System, Stanley E. Sacks

Washington and Lee Law Review

No abstract provided.

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The Report Of The Osgoode Hall Study On Compensation For Victims Of Automobile Accidents, Allen M. Linden Jan 1965

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 …

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Soviet Tort Law: The New Principles Annotated, Whitmore Gray Jan 1965

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, …

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