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Articles 1081 - 1110 of 1598
Full-Text Articles in Transportation Law
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
University of Richmond Law Review
In today's context of expanded human mobility, an individual's right to travel from, through, or to any of the United States without state restriction on or regulation of his admission or departure enjoys well-settled constitutional protection originating from two distinct sources. The interstate transportation of persons is governed by the commerce clause under which state power to regulate and tax the admission and departure of interstate passengers is restricted, but not entirely forbidden.
A Reappraisal Of Implied Consent And The Drinking Driver, Paul R. Dimond
A Reappraisal Of Implied Consent And The Drinking Driver, Paul R. Dimond
University of Michigan Journal of Law Reform
This article examines how the law operates, the rights and duties of the state and of the individual, how problems of interpretation should be resolved and whether the present law most effectively balances state and individual interests. The article concludes with suggestions for reform of the law and a reconsideration of ways to control the drinking driver.
The Virginia Habitual Offender Act
The Virginia Habitual Offender Act
Washington and Lee Law Review
No abstract provided.
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Michigan Law Review
This Article considers first the general understanding of legal scholars and criminologists regarding the deterrent effect of legal sanctions; a second part summarizes current knowledge concerning the effects of legal sanctions in controlling driver behavior; and a concluding section evaluates briefly the methods available for the development of needed new knowledge.
Some Comments On Burdell V. Canadian Pacific Airlines, Andreas F. Lowenfeld
Some Comments On Burdell V. Canadian Pacific Airlines, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Frank Burdell was the Far Eastern representative of an American heavy-equipment company, stationed in Singapore. At the end of February 1966, Burdell traveled to Tokyo on a Singapore-Bangkok-Hong Kong-Tokyo and return ticket, purchased in Singapore from Cathay Pacific but using Canadian Pacific Airlines for the Hong Kong--Tokyo portion of the journey. Canadian Pacific's flight 402 from Hong Kong to Tokyo on March 4, 1966, arrived over Tokyo in a fog, circled for about an hour, finally came in to land, and crashed into the rear wall at the end of the runway killing its crew of ten and all but …
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Insurance: 1969 Survey Of New York Law Part Three, Commercial Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Michigan Law Review
The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart
Michigan Law Review
The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …
New Nations And The International Custom, S. Prakash Sinha
New Nations And The International Custom, S. Prakash Sinha
William & Mary Law Review
No abstract provided.
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Liability Of A Carrier For Loss And Damage To Interstate Shipments, Thomas R. Skulina
Cleveland State Law Review
The law governing the liability of a carrier for loss or damage to interstate shipments is set out in the Carmack Amendment. Prior to the enactment of this federal legislation, a body of law pertaining to this subject developed in the common law. The present law evolved from the earliest concepts of bailment relationship. The early statutes preserved many aspects of the common law. This article will refer to common law principles but will not focus on law as it was prior to the Carmack Amendment.
Basic Protection For The Traffic Victim, By Robert E. Keeton And Jeffrey O'Connell
Basic Protection For The Traffic Victim, By Robert E. Keeton And Jeffrey O'Connell
Washington and Lee Law Review
No abstract provided.
Defectively Designed Highways, Steven J. Erlsten
Defectively Designed Highways, Steven J. Erlsten
Cleveland State Law Review
There are many design standards, attitudes, and procedures which result in public highways with built-in design hazards and, when drivers are confronted with these hazards, the highways involved become laten tkillers. A defect of a highway by reason of its design will not be appa-ent to those unfamiliar with the problems of highway engineering. Thus, in the majority of accidents, the failing component is presumed to be the driver and little further investigation or thought is given to other factors. Highway fatality statistics prove that the driver cannot sustain the burden of correcting design shortcomings with driving skills, and an …
Uninsured Motorist Defined, Henry A. Hentemann
Uninsured Motorist Defined, Henry A. Hentemann
Cleveland State Law Review
An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Cleveland State Law Review
Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.
An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.
An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.
Publications
No abstract provided.
Roads And Recreation, Roger Tippy
Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.
Imputed Contributory Negligence In Automobile Cases - Weber V. Stokely-Van Camp, Inc.
Maryland Law Review
No abstract provided.
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review
Michigan Law Review
With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.
The Effect Of Presumption Of Common Carrier Negligence Upon The Burden Of Proof, Anon
The Effect Of Presumption Of Common Carrier Negligence Upon The Burden Of Proof, Anon
Washington Law Review
Plaintiff, a common carrier truck line, sought to recover charges from the United States for transportation of a delicate and expensive camera. The government counterclaimed for damages exceeding plaintiff's charges. The counterclaim was advanced by proof of the camera's delivery to plaintiff in good condition and its arrival in damaged condition. Plaintiff replied by showing that the damage was the consequence of defective packaging by a United States employee. Being unable to prove that, notwithstanding defective packaging, the damage proximately resulted from the carrier's negligence in handling the camera, the United States was denied its counterclaim and adjudged liable for …
Adjusting The Adjustment Board: Jurisdictional And Judicial Review Amendments To Section 3 Of The Railway Labor Act
Indiana Law Journal
No abstract provided.
Automobile Safety: A Diagnosis Of An Epidemic
Automobile Safety: A Diagnosis Of An Epidemic
Washington and Lee Law Review
No abstract provided.
Unsafe At Any Speed. Ralph Nader., Conrad M. Cutcliffe
Unsafe At Any Speed. Ralph Nader., Conrad M. Cutcliffe
Washington and Lee Law Review
No abstract provided.
Definition Of Gross Negligence Under The Guest Statute, Anon
Definition Of Gross Negligence Under The Guest Statute, Anon
Washington Law Review
On a bright summer morning, defendant slowed her automobile, intending to make a left turn. The road stretched dry and straight before her for more than a mile. She turned on her left signal blinker, observed a truck in the distance coming toward her, and looked in her rear view mirror. Seeing a car pulling out to pass her, she slowed further and waited for it to go by. Then she turned abruptly to the left and drove straight into the path of the oncoming truck. Plaintiff passenger, seriously injured in the collision, sued defendant, alleging gross negligence. The trial …
The Evidentiary Use Of Accident Reports In Virginia, William R. Savage Iii
The Evidentiary Use Of Accident Reports In Virginia, William R. Savage Iii
William & Mary Law Review
No abstract provided.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
The Case Against The Guest Statute, O. Forrest Morgan Jr.
William & Mary Law Review
No abstract provided.
Should A Vessel Be Faulted For Failing To Carry Radar?
Should A Vessel Be Faulted For Failing To Carry Radar?
Indiana Law Journal
No abstract provided.
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker
William & Mary Law Review
No abstract provided.
Bothersome Boulevard's, John W.T. Webb
Insurance--Motor Vehicles--"Newly Acquired Automobile" Clause Extended To Cover Previously Owned Inoperable Vehicles--National Indem. Co. V. Giampapa, Michigan Law Review
Insurance--Motor Vehicles--"Newly Acquired Automobile" Clause Extended To Cover Previously Owned Inoperable Vehicles--National Indem. Co. V. Giampapa, Michigan Law Review
Michigan Law Review
Plaintiff insurance company brought an action for a declaratory judgment that it be held not liable on a policy it had issued to the insured motorist. A party injured in an accident involving the insured had obtained a judgment against the insured in a suit which the insurer defended with a reservation of rights. Although a 1949 Cadillac was the "Described Automobile" in the insurance policy, the insured was driving a 1956 Ford at the time of the accident. The trial court found that during the term of the policy the Cadillac had become inoperable and was replaced by the …
Search Of Automobile After Arrest For A Traffic Violation
Search Of Automobile After Arrest For A Traffic Violation
Washington and Lee Law Review
No abstract provided.