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Articles 1561 - 1589 of 1589
Full-Text Articles in Jurisprudence
Sales Contracts And Impracticability In A Changing World., Thomas Black
Sales Contracts And Impracticability In A Changing World., Thomas Black
St. Mary's Law Journal
Abstract Forthcoming.
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
Parental Child-Snatching: Out Of A No-Man's-Land Of Law., Wayne Young
St. Mary's Law Journal
Approximately 100,000 parental child-snatchings occur annually. When a parent takes a kidnapped child to another jurisdiction, the injured parent must convince the court to recognize a foreign custody decree and persuade the same court to enforce that decree. Congress enacted the Uniform Child Custody Jurisdiction Act (UCCJA) to eliminate relitigation of custody decrees in other states and end court practices which protect the kidnapping parent. However, the UCCJA does not resolve parental child-snatching because the Act is ineffective in non-adopting states and the Act fails to aid a state in locating the abducting parent. Non-UCCJA states such as Texas have …
The Erosion Of The Noerr Pennington Immunity.
The Erosion Of The Noerr Pennington Immunity.
St. Mary's Law Journal
Abstract Forthcoming.
Shipowner Has No Duty To Supervise Or Inspect Cargo Operation Area Once Stevedore Has Begun Cargo Operations, Absent Knowledge Of Defects, Contract Provision, Positive Law, Or Custom., Ken D. Hamilton
St. Mary's Law Journal
Abstract Forthcoming.
Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald
Exhaustion Of State Administrative Remedies In A Prerequisite To 42 U.S.C. 1983 Action., Russell W. Heald
St. Mary's Law Journal
Abstract Forthcoming.
Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller
Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller
St. Mary's Law Journal
Abstract Forthcoming.
Admission Of Compelled Psychiatric Testimony At Sentencing Phase Violates Defendant's Fifth And Sixth Amendment Rights., Jane S. Snow
Admission Of Compelled Psychiatric Testimony At Sentencing Phase Violates Defendant's Fifth And Sixth Amendment Rights., Jane S. Snow
St. Mary's Law Journal
Abstract Forthcoming.
Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis
Trial Judge Required, Upon Proper Request, To Instruct Jury Not To Draw Adverse Inferences From A Defendant's Failure To Testify., Susan L. Gellis
St. Mary's Law Journal
Abstract Forthcoming.
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
St. Mary's Law Journal
Abstract Forthcoming.
Manufacturing Process Which Includes Use Of Mathematical Formula And Computer Program Constitutes Patentable Subject Matter., Edward W. Roush Jr.
Manufacturing Process Which Includes Use Of Mathematical Formula And Computer Program Constitutes Patentable Subject Matter., Edward W. Roush Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
St. Mary's Law Journal
Abstract Forthcoming.
Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry
St. Mary's Law Journal
Abstract Forthcoming.
To Where Does One Attach The Horses?, Aaron Twerski
To Where Does One Attach The Horses?, Aaron Twerski
Faculty Scholarship
No abstract provided.
State Courts And The Federal System, Griffin B. Bell
State Courts And The Federal System, Griffin B. Bell
Vanderbilt Law Review
One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
State Statutes And The Full Faith And Credit Clause -- Hughes V. Fetter, Jay A. Hanover
Vanderbilt Law Review
The full faith and credit clause of the Constitution' has commonly been regarded as concerned only with the enforcement of foreign judgments between the states of the Union. The numerous cases which have come before the Supreme Court have dealt almost exclusively with the "judicial Proceedings" phrase of the clause, while the words "public Acts" and "Records" have been, for the most part, left untapped as a source of decisional law. It has only been in recent years that the Supreme Court has broadened its approach by applying the full faith and credit clause to the legislative acts of the …
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Statutory Construction In Resolving Conflicts Between State And Local Legislation, Charles S. Rhyne
Vanderbilt Law Review
My contribution to this symposium will consist of the advancement of one main thesis and four subordinate and supporting ones. My main thesis is simple indeed. Procedural rules must be viewed as grants or creations of judicial power. My subordinate theses then indicate certain complications showing that in practice the matter cannot be thus wholly disposed of. Though too much reform has so assumed, it turns out that telling a court it has power does not guarantee exercise of that power. Judicial inertia, prece- dent-mindedness, love of technical niceties-all play their part in halting procedural improvement. So does, even more, …
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Unreported Opinions Of The Supreme Court Of Michigan, 1836-1843, William W. Blume
Michigan Legal Studies Series
In July 1836 final jurisdiction of non-federal litigation passed from the Michigan Territorial Supreme Court to the Supreme Court of the State of Michigan. Then, substantially as now, the Constitution provided: "The judicial power shall be vested in one supreme court, and such other courts as the legislature may from time to time establish." Mich. Const. 1835, Art. VI, §1. Those who are interested in the judicial history of Michigan prior to 1836 are fortunate in having access to much of such history contained in the six volumes entitled "Transactions of the Supreme Court of Michigan," edited by Professor William …
Report Of Massachusetts Judicial Council, Paul L. Sayre
Report Of Massachusetts Judicial Council, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Our Dual Form Of Government, Hugh Evander Willis
Our Dual Form Of Government, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Is A Contract Necessary To Create An Effective Escrow?, Ralph W. Aigler
Articles
WHERE land has been sold and both parties are desirous of protecting themselves pending full payment of the purchase price, there are two common ways of accomplishing their purpose without any change in legal ownership. There may be (1) a contract of sale properly evidenced so as to be enforceable, and (2) a deed executed by the vendor and placed "in escrow." Sometimes one method is preferred, sometimes the other. If the former is adopted, it is, of course, vitally important that the contract comply with the formal requirements of the law; in the latter there has been some difference …
Note & Comment, Michigan Law Review
Note & Comment, Michigan Law Review
Michigan Law Review
Announcement; Note and Comment: The Right of a De Jure Officer to Recover Salary or Fees Paid to a De Facto Officer; Exemplary Damages Where Acutal Damages Merely Nominal; Seduction--Fiction of Service; Negligence--Druggist Selling Proprietary Medicine Without Knowing Contents; Physician--Duty to Respond to Call; Wills--Contract to Make--Fraud in Obtaining Charity--Relief in Equity; Sale--Bank Cashing Draft Drawn Against consignment of Goods as Purchaser--Liability Upon Express or Implied Warranty of Title or Quality; Voters--Right to Vote for Candidate whose Name is not on the Official Ballot; Constitutional Law--Fourteenth Amendment--Due Process--Equal Protection; Statute of Limitations--Failure to Leave Subjacent Support in Mining--When Statute begins …
Recent Decisions
Michigan Law Review
Agency--Ratification--Knowledge Necessary; Agency--Undisclosed Principal--Defence Against Agent; Bailments--Action by Bailee against Third Person; Bankruptcy--Homestead Exemption--State Law not Enforced; Bankruptcy--Homestead Exemption; Bills and Notes--Cashier's Check--Indorsed for Illegal Consideration; Carriers--Street Railway--Track Used by Another Company; Chattel Mortgage--Sufficiency of Description; Conflict of Laws--Statute of Frauds--Statute Affecting Remedy--Representations as to Another's Credit; Constitutional Law--14th Amendment--Class Legislation--License Law; Evidence--Physical Examination of Plaintiff in Personal Injury Suit; Insurance--Construction of Terms of Indemnity Policy; Insurance--Agreement to Issue New Policy--Effect of Failure to Surender Old Policy and Make Demand Within Time Stipulated; Landlord and Tenant--Covenant for Re-Entry--Re-Entry by Ejectment Only--Summary Proceedings; Landlord and Tenant--Covenant Not to Assign--Runs with the …