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Articles 1441 - 1470 of 1942

Full-Text Articles in Common Law

The Riot Act Of 1968: Congress Rides A Trojan Horse, D. S. G. Jan 1970

The Riot Act Of 1968: Congress Rides A Trojan Horse, D. S. G.

Georgia Law Review

In the wake of civil disorders which depredated many of America's cities, and in response to public outrage at such events, Congress enacted the Riot Act of 1968. The statute proscribes a twofold event. To violate the statute, an individual must travel in interstate commerce, or use some facility thereof, with an intent to incite a riot, and at some later time that individual must perform an overt act in furtherance of his intent. Yet the statute is a rather feeble attempt to exorcise the violent reaction to the rampant racial and social evils which have permeated the twentieth century. …

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The Common Law As A Bar To Judicial Legislation, James H. Mccauley Jun 1969

The Common Law As A Bar To Judicial Legislation, James H. Mccauley

West Virginia Law Review

No abstract provided.

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The New Kansas Buyer Protection Act, Arthur H. Travers Jr. Jan 1969

The New Kansas Buyer Protection Act, Arthur H. Travers Jr.

Publications

No abstract provided.

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The Alien's Access To Local Remedies: The African Commonwealth Countries' Experience, Ivan L. Head Oct 1968

The Alien's Access To Local Remedies: The African Commonwealth Countries' Experience, Ivan L. Head

Vanderbilt Law Review

Of the 27 members of the Commonwealth of Nations, 11 are located on the continent of Africa. They range in size from Nigeria, with an area of 356,000 square miles and a population of 60 million, to The Gambia, with an area of 4,000 square miles and a population of 350,000 persons. Prior to 1957 all of the 11 States were colonies of the British crown. In little more than a decade they have all gained political independence-one hundred and six million people residing in autonomous communities which are, in the words of the 1926 Balfour Declaration, "equal in status, …

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Dakota Civil Code: More Notes For An Uncelebrated Centennial, William B. Fisch Jan 1968

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

Faculty Publications

In an earlier article in this journal, I sketched and discussed the Dakota Civil Code as originally drafted for New York by David Dudley Field, the historical and conceptual background into which the work was cast, and some of the departures made in the Code from what appear to have been then generally accepted common law classifications, terminology and substantive rules. In this sequel I propose to consider the history of the Code after its completion in 1865 by Field's commission, concentrating on three jurisdictions: New York, where it was rejected after twenty-five years of wearying debate, amendment, parliamentary maneuver, …

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Review Of The Law Of Restitution, Whitmore Gray Jan 1968

Review Of The Law Of Restitution, Whitmore Gray

Reviews

The appearance of this excellent treatise is a major step toward a better understanding of the place of restitution in Anglo-American law. The authors' exhaustive treatment of the English case law and the inclusion of much American authority give a perspective on the field which has not previously been available. Like the 1937 Restatement of Restitution, this is a presentation in one volume of legal and equitable remedies for enforcing a substantive right to restitution.' It goes well beyond the uneasy, loose association of the legal and equitable parts of the Restdtement, however, and gives us a unified treatise. Until …

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Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review Nov 1967

Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review

Michigan Law Review

In 1677 the English Parliament enacted the first Statute of Frauds to prevent "many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury." The trial system then existing in England was forced to depend upon unreliable juries, and relied upon few rules of evidence besides the rule treating parties to an action as incompetent witnesses. Thus, in passing the Statute, Parliament sought to minimize the abuses possible under the trial system by providing that virtually no important contract would be enforceable unless reduced to writing.

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Reformation And The Parol Evidence Rule, George E. Palmer Mar 1967

Reformation And The Parol Evidence Rule, George E. Palmer

Michigan Law Review

The parol evidence rule of itself is never an obstacle to reformation, provided there is satisfactory evidence of a mistake in integration. If the parties intend to express the terms of a transaction in a writing, which is then to be looked to as the sole repository of those terms, the longstanding tradition of the law courts, described as the parol evidence rule, has been that the writing is controlling. If through mistake the writing failed to express correctly what the parties meant to express, the law courts still regarded the written word as decisive, but it has been recognized …

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Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller Feb 1967

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …

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Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney Jan 1967

Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney

Michigan Law Review

My task was to prepare a short article dealing in some depth with specific problems which have arisen under Article Four of the Uniform Commercial Code (Code). Unfortunately for purposes of criticism, but happily for those affected by Article Four, a canvass of recent reported cases as well as bank operations people and bank counsel has revealed very few problems of any significance to either the general practitioner or even the so-called commercial law specialist. This prompts two comments: (1) Article Four seems to be working so smoothly that to develop a "problem" would be to make a mountain out …

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Tracing The Concept Of Patentable Invention, Edward B. Gregg Jan 1967

Tracing The Concept Of Patentable Invention, Edward B. Gregg

Villanova Law Review (1956 - )

No abstract provided.

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Damages-Compensation For Curtailment Of Life Expectancy As A Separate Element Of Damages-Downie V. United States Lines Co., Michigan Law Review Jan 1967

Damages-Compensation For Curtailment Of Life Expectancy As A Separate Element Of Damages-Downie V. United States Lines Co., Michigan Law Review

Michigan Law Review

While plaintiff was aboard ship as an employee of the defendant, he suffered a heart attack which was aggravated by the negligence of one of defendant's employees. In suing under the Jones Act for damages caused by this aggravation of his condition, plaintiff sought recovery for the eight year curtailment of his life expectancy as a separate and distinct item of damages, independent of the economic loss sustained as a result of such curtailment. The jury made a general award of $86,900 of which $25,000 was a special award for the curtailment of plaintiff's life. On defendant's motion, the trial …

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Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman Jan 1967

Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman

Faculty Publications

During the 1967 session of the North Carolina General Assembly, the legislators made a novel excursion into the realm of conflict of laws, modifying the state's traditional rule of lex loci delicti as it applies to spousal immunity. The purpose of this comment is to explore the legal background and examine the possible effects of the new statute, and to consider its implications for existing choice-of- law doctrine. At common law, neither spouse could bring an action against the other for negligently inflicted injury. Such a rule leads to a good deal of manifest injustice, and it has been abandoned …

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Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review Nov 1966

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …

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Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker Mar 1966

Joint Tenancy: The Estate Lawyer's Continuing Burden, John E. Riecker

Michigan Law Review

The discussion which follows will be divided into three major parts. First, it will be important to see why so much real and personal property remains in joint tenancy between husband and wife or in entireties tenancy. It has been almost eighteen years since Congress eliminated the necessity of holding property in this form in order to split income therefrom for income tax purposes. Is inertia the only reason for the popularity of joint ownership, or are there other reasons? Second, we shall review the familiar but false assumptions most laymen (and even a few attorneys) commonly make regarding the …

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Commercial Law--A Farmer Is Not A "Merchant" Under The Uniform Commercial Code--Cook Grains, Inc. V. Fallis, Michigan Law Review Jan 1966

Commercial Law--A Farmer Is Not A "Merchant" Under The Uniform Commercial Code--Cook Grains, Inc. V. Fallis, Michigan Law Review

Michigan Law Review

Plaintiff grain company allegedly entered into an oral contract to purchase 5,000 bushels of soybeans from the defendant farmer. The grain company signed a written integration of the alleged oral agreement and mailed it to the farmer, with a request for his signature. The farmer neither signed the document nor attempted to communicate with the grain company and later refused to deliver the soybeans pursuant to the terms of the plaintiff's memorandum. In an action for breach of contract, the grain company contended that the farmer was precluded from relying on the statute of frauds, as incorporated in the Uniform …

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Courts-State Substantive Law Applies In Non-Diversity Actions When Local Interests Predominate-United States V. Yazell, Michigan Law Review Jan 1966

Courts-State Substantive Law Applies In Non-Diversity Actions When Local Interests Predominate-United States V. Yazell, Michigan Law Review

Michigan Law Review

Respondent and her husband received an authorization for a Small Business Administration (SBA) disaster loan and were referred by the SBA Disaster Loan Office to a local counsel employed by the SBA to aid them in complying with the terms of the loan. After personal negotiations with the counsel, a promissory note was signed by the couple on SBA forms specifically tailored to conform to the requirements of state law. This contract was then submitted to the SBA along with a signed chattel mortgage on the Yazell's store fixtures and inventory and a certification by the local counsel that all …

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Legal History In The High Court--Habeas Corpus, Dallin H. Oaks Jan 1966

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks

Michigan Law Review

Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …

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Antitrust Significance Of Covenants Not To Compete, Michigan Law Review Jan 1966

Antitrust Significance Of Covenants Not To Compete, Michigan Law Review

Michigan Law Review

Covenants not to compete, despite their increasing prevalence and their obvious tendency to restrain competition, have seldom been attacked under either federal or state antitrust laws. In January 1965, however, William H. Orrick, Jr., then Assistant Attorney General in charge of the Antitrust Division, noted that the Division was becoming concerned about one aspect of the problem-the taking of overbroad covenants not to compete in connection with the purchase of a competitor. He suggested that such an agreement might have anticompetitive effects under either the Sherman Act or section 7 of the Clayton Act. This note will explore the present …

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Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review Jan 1966

Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review

Michigan Law Review

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are …

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Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …

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A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes Jan 1966

A Suggestion For The Renewal Of The Canon Law, Robert E. Rodes

Journal Articles

Among the recommendations adopted by the Canon Law Society of America at its last annual meeting was one for bringing the insights of legal traditions besides the Roman to bear on the canonical system. The following suggestions are derived from the insights of my tradition, the common law tradition. That aspect of the common law tradition that I believe has most to contribute to the development of the canon law is concerned not so much with the particular rules of law as with the basic techniques of legal analysis. The common law tradition of legal analysis, as it has been …

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Public Records--Availability For Inspection, Raymond Albert Hinerman Dec 1965

Public Records--Availability For Inspection, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

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Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers Nov 1965

Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers

Michigan Law Review

Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …

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Widow's Succession In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Michigan Law Review Nov 1965

Widow's Succession In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Michigan Law Review

Michigan Law Review

While residing with his wife in California, decedent purchased stock, which under California law became community property. The couple later moved to Ohio, a common-law property state, where decedent died. An Ohio probate court approved the executor's determination that the widow's one-half interest in the stock was not subject to the Ohio succession tax. On appeal by the state tax commissioner to the Ohio Supreme Court, held, reversed, three judges dissenting. A wife's succession to her husband's right to manage and control her half of the community property is subject to the Ohio succession tax on joint and survivorship …

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Widow's Success In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Bailey H. Kuklin Nov 1965

Widow's Success In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Bailey H. Kuklin

Faculty Scholarship

No abstract provided.

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Noise And The Law, George A. Spater Jun 1965

Noise And The Law, George A. Spater

Michigan Law Review

For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.

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The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis Apr 1965

The Old Fields And The New Corn—Some Observations On The Common Law And Its Continued Vitality, G. F. Curtis

Washington Law Review

In contrast, the common law had its origins in the decisions of judges, and its growth through the cases. The legal system thus built is one of the imposing products of the human mind; and all who serve it are justly proud of it. Not a little of the literature of our system, indeed, is concerned to assert the superiority of the case method. "Law grows, and though the principles of law remain unchanged, yet (and it is one of the advantages of the common law) their application is to be changed with the changing circumstances of the times. Some …

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Brown: British Statutes In American Law 1776-1836, William F. Swindler Mar 1965

Brown: British Statutes In American Law 1776-1836, William F. Swindler

Michigan Law Review

A Review of British Statutes in American Law 1776-1836. By Elizabeth Gaspar Brown

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Free Press And Fair Trial In English Law, Donald M. Gillmor Mar 1965

Free Press And Fair Trial In English Law, Donald M. Gillmor

Washington and Lee Law Review

No abstract provided.

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