Courts Commons^™

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review

Michigan Law Review

In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the …

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …

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.

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …

The Integrity Of The Printed Judicial Decision, Charles E. Corker

Washington Law Review

Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant's unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to …

The Integrity Of The Printed Judicial Decision, Charles E. Corker

Washington Law Review

Marsden v. Patane, 369 F.2d 439 (5th Cir. 1966) (2-1 decision), was decided December 13, 1966, and printed by West Publishing Company in advance sheet 369 F.2d No. 2, dated February 6, 1967. The court reversed summary judgment for plaintiff in a wrongful death action on the ground that under applicable Florida law running a stop sign is only prima facie evidence of negligence, and therefore should be considered by the jury along with evidence (1) of defendant's unfamiliarity with the area of the accident, (2) that a vehicle in front of the defendant has misled defendant by failing to …

Conviction: The Determination Of Guilt Or Innocence Without Trial, By Donald J. Newman, Donald L. A. Kerson

Indiana Law Journal

No abstract provided.

Ethics Of Advocacy, Alexander Holtzoff

Buffalo Law Review

No abstract provided.

Helping State And Local Courts Help Themselves: National Court Assistance Act, Joseph D. Tydings

Washington and Lee Law Review

No abstract provided.

Brief Amicus Curiae, Urging Reversal, On Behalf Of - John J. Russell, Bishop Of Richmond; Lawrence Cardinal Shehan, Archbishop Of Baltimore; Paul A. Hallinan, Archbishop Of Atlanta; Philip M. Hannan, Archbishop Of New Orleans; Robert E. Lucey, Archbishop Of San Antonio; Joseph B. Brunini, Apostolic Administrator Of Natchez-Jackson; Lawrence M. Defalco, Bishop Of Amarillo; Joseph A. Dirick, Apostolic Administrator Of Nashville; Thomas K. Gorman, Bishop Of Dallas-Ft. Worth; Joseph H. Hodges, Bishop Of Wheeling; John L. Morkovsky, Apostolic Administrator Of Galveston-Houston; Victor J. Reed, Bishop Of Oklahoma City And Tulsa; L. J. Reicher, Bishop Of Austin; Thomas Tschoepe, Bishop Of San Angelo; Ernest L. Unterkoefler, Bishop Of Charleston; Vincent S. Waters, Bishop Of Raleigh; The National Catholic Conference For Interracial Justice; And The National Catholic Social Action Conference, William M. Lewers C.S.C, William B. Ball

Court Briefs

No. 395
Richard Perry Loving v. Commonwealth of Virginia

On Appeal from the Supreme Court of Appeals of Virginia

From the Summary Statement of the Case

Appellants, Richard Perry Loving and Mildred Jeter Loving, were convicted on January 6, 1959, in the Circuit Court of Caroline County, Virginia, under an indictment charging that "the said Richard Perry Loving being a White person and the said Mildred Delores Jeter [Loving] being a Colored person, did unlawfully and feloniously go out of the State of Virginia, for the purpose of being married and with the intention of returning to the State of …

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 …

Secrecy And The Supreme Court: Judicial Indiscretion And Reconstruction Politics, Peter Fish

William & Mary Law Review

No abstract provided.