Common Law Commons^™

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay

Faculty Articles and Papers

No abstract provided.

Studien Zur Europaischen Rechtsgeschichte, William Hamilton Bryson

Law Faculty Publications

Notice of Studien zur europaischen Rechtsgeschichte

Book Review. The Assize Of Novel Disseisin By Donald W. Sutherland, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Book Review. Ex Nihilo Nihil, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Recent Treaties And Statutes, Donald C. Van Pelt, Jr., George H. Carnall Ii

Vanderbilt Journal of Transnational Law

The Single Convention on Narcotic Drugs, 1961, constituted a major step toward international acceptance of responsibility for the control of licit and illicit drug traffic. The Single Convention achieved a unified codification4 of existing multilateral treaties in the field' and created the International Narcotics Control Board (INCB), center of illicit traffic...In an effort to carry out the principle of limiting the use of narcotic drugs to medical and scientific purposes, the Narcotics Convention of 1931 required noncontracting parties as well as parties to the Convention to furnish annual advance estimates of narcotics needed for these purposes. These estimates were examined …

The Bases And Range Of Federal Common Law In Private International Matters, Harold G. Maier

Vanderbilt Journal of Transnational Law

During the past decade, there has been increasing attention on the part of legal scholars to the need for a clear statement outlining the divisions of state and federal power in this difficult area. In two important cases, the Supreme Court indicated renewed judicial interest in the problem. To date, however, the federal courts have not succeeded in establishing a uniform and workable guide by which the validity of state action may be judged in the absence of definitive federal policy. This deficiency has posed difficulties for state legislatures in arriving at law-making decisions and for the courts in testing …

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

Observations Of An Appellate Judge:The Use Of Law Clerks, Eugene A. Wright

Vanderbilt Law Review

Time-judicial time-is our most valuable commodity. We must employ it effectively and efficiently if we are to keep abreast of new developments in the law, new areas of litigation, and modern procedural improvements and to dispose of increasing backlogs of appealed cases. Circuit judges, each authorized two law clerks, have become increasingly dependent upon the help of their staffs to meet the demands of their expanding workload. The role of the law clerk is to aid the experienced judge in his ultimate task, decision-making. An appellate judge will have a varied background of skills and experience. Often he brings to …

Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert

Villanova Law Review (1956 - )

No abstract provided.

The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long

Villanova Law Review (1956 - )

No abstract provided.

A Married Woman's Surname: Is Custom Law?, Julia C. Lamber

Articles by Maurer Faculty

A general awakening of concern for the rights of women has occurred in recent years, and with it the particular problems of married women have been analyzed against a background of centuries of legal and social assumptions. With the impetus of employment discrimination legislation, the proposed equal rights amendment, and litigation raising sex discrimination issues, it is not surprising that many women are actively seeking to retain their pre-marriage names. This movement compels us to re-examine the custom that a woman must assume her husband's surname upon marriage. That such a phenomenon is custom and not law deserves our attention …

The Constitutional History Of The Seventh Amendment, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The Bremen And The Model Choice Of Forum Act, Robert A. Leflar

Vanderbilt Journal of Transnational Law

The Model Choice of Forum Act, promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1968, was designed to set standards for the effectuation of contractual forum-selecting clauses, sometimes called "derogation" or "prorogation" clauses, while restricting their effectiveness to situations in which their operation would be fair to all concerned parties. The Commissioners chose not to draft the statute as a Uniform Act to be recommended for adoption by all the states, but rather as a Model Act setting out sound standards that might be followed not only by states drafting their own statutes on the …

The Three Faces Of Zapata: Maritime Law, Federal Common Law, Federal Courts Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

In The Bremen v. Zapata Off-Shore Co., the Supreme Court upheld the selection of a London forum in a towage contract between a German firm and an American firm and dismissed a suit brought in a Florida federal district court whose jurisdiction was otherwise valid. In doing so, the Court stated the rule: "[Forum-selection clauses] are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances." The Court qualified the rule by indicating that to be enforceable such clauses must be actually bargained for and agreed to by the …

Private Trusts For Indefinite Beneficiaries, George E. Palmer

Michigan Law Review

Recently, in McPhail v. Doulton (In re Baden's Deed Trusts), the House of Lords reached a decision that marks an important change in the English law of trusts which could be important also for American law. It held that there is a single test of validity for private trusts and for powers of appointment where the issue is whether the beneficiaries of the trust or the objects of the power are sufficiently definite, and that this single test is that applicable to powers of appointment. For nearly 170 years, since the decision in Morice v. Bishop of Durham, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Plaintiff, a major commercial publisher of medical journals,'brought a copyright infringement action for damages against the. United States--specifically, the National Institutes of Health (NIH) and the National Library of Medicine (NLM), agencies of the Department of Health, Education, and Welfare--in the United States Court of Claims.Plaintiff alleged that defendant had infringed its copyrights by making unauthorized photocopies of plaintiffs medical journal articles and distributing them free of charge to library users on a no-return basis. Defendant conceded that it had made photocopies of each of the articles in question and that plaintiff was the record owner of the copyright registrations …

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 …

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.

Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman

Villanova Law Review (1956 - )

No abstract provided.

Legal Nature Of Parliamentary Procedure, John Waldeck

Cleveland State Law Review

Parliamentary procedure is law. Its origins are found in the English and American legislatures and it was adopted by the nonlegislative assemblies in this country for ordering the conduct of meetings and the making of decisions. ...The law has been projected into parts of parliamentary procedure by case and code law but it has been ignored in the broad field. Most laymen have conversely ignored the law and proceeded to write and publish with no regard to the legal aspects. It is in this area, between the lawyers and the laymen, that a blind spot has developed in the law. …

Common Law Remedies And Protection Of The Environment, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

Moral Obligation As Consideration In Contracts, W. Jack Grosse

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review (1956 - )

No abstract provided.

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …

The Right To One's Own Likeness In French Law, Wencelas J. Wagner

Indiana Law Journal

No abstract provided.

The Application Of The Substitution Of Judgment Doctrine In Planning An Incompetent's Estate, Michael P. Kane

Villanova Law Review (1956 - )

No abstract provided.

Juveniles And Their Right To A Jury Trial, Timothy E. Foley

Villanova Law Review (1956 - )

No abstract provided.