Volume 56
1957-58
Issue 1
- Periodical Index
- Criminal Law – Due Process – Public Policy as Valid Grounds for Denying Recovery of Proceeds of Illegal Act
- Future Interests – Rule Against Perpetuities – Legislation Exempting Options to Purchase in Leases
- Negligence – Duty of Care – Liability of Owner of Place of Amusement for Injury to Spectator Caused by Act of Third Person
- Constitutional Law – Due Process – Right of Witness to Counsel Before State Investigatory Officer
- Civil Procedure – Judgments – Effect of Prior “Compromise” Judgment as Collateral Estoppel
- Labor Law – Labor-Management Relations Act- Extent of Discretion Exercised by District Courts in Issuing Temporary Injunctions Against Alleged Unfair Labor Practice
- Labor Law – National Labor Relations Board – Effect of the NLRB’s Refusal to Take Jurisdiction
- Federal Procedure – Mandamus – Power of Courts of Appeal
- Full Faith and Credit to Judgments and Public Acts
- Vanderbilt: Judges and Jurors: Their Functions, Qualifications and Selection
- The Legal Status of the Red Cross
- Recent Books
- Sales – Breach of Warranty – Notice Required by Section 49 of Uniform Sales Act Must Be Given to Seller or His Agent
- Constitutional Law – Right to a Trial by Jury-Power of Trial Court to Use Additur
- Constitutional Law – Certiorari – Integrity of the Rule of Four
- Creditor’s Rights – Garnisment -Garnishment of Branch Banks
- Workmen’s Compensation – Federal Employers’ Liability Act – Basis of Liability Not Common Law Negligence
- Kittelle & Lamb: Trade Association Law and Practice
- Partnerships – Partnership by Estoppel – Proof of Reliance by Creditor Dealing With Persons in Belief of Partnership
- Administrative Law – Judicial Control – Veterans Administration’s Findings of Law and Fact Are Not Conclusvie in Government’s Suit to Recover Sums Allegedly Due From Veteran
Issue 2
- Recent Books
- Periodical Index
- Negligence – Damages – Mental Anguish from Witnessing Peril of Third Party
- Corporations – Dissolution – Effect on Federal Criminal Prosecution Against Corporation
- Constitutional Law – Courts-Martial – Power of Congress to Provide for Military Jurisdiction Over Civilian Dependents
- Business Associations – Uniform Limited Partnership Act – Activites Making a Limited Partner Liable as a General Partner
- Constitutional Law – Due Process -Watkins v. United States as a Limitation on Power of Congressional Investigating Committees
- Constitutional Law – Executive Powers – Use of Troops to Enforce Federal Laws
- Alcoholism and the Law
- St. John-Stevas: Obscenity and the Law
- A Supplement to “Constitutionality of Marketable Title Acts”-1951-1957
- Limitations of Action – Applicable Statute – Third-Party Injury Provision Agreed to by Contractor Subject to Contract Limitation Only
- Federal Procedure – Trial Practice – Not Reversible Error for Trial Judge to Summon Jury Sua Sponte After Waiver
- Konefsky: The Legacy of Holmes and Brandeis
- Corporations – Liabilites – Inadequate Capitalization as Ground for Disregarding Corporate Entity
- Restitution – Equitable Remedies – Imposition of Equitable Lien to Carry Out Provisions of Will
- Corporations – Capital and Stock – Applicability of Restrictions on Transfer of Stock to Transfer Caused by Death
- Constitutional Law – Due Process – Limits on Investigative Power of State Legislative Committees
- Regulation of Business – Sherman Act – Effect of Trade-Mark on Scope of Relevant Market
- Civil Procedure on the American Frontier
- Legislation – Federal Criminal Procedure – Modification of Jencks Decision
Issue 3
- Corporations – Officers and Directors – Indemnification of Expenses Incurred in Defense of Contract of Employment
- Periodical Index
- Recent Books
- Radzinowicz: A History of English Criminal Law and Its Administration From 1750. Vols. 2 and 3.
- Beutel: Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science
- Legislation – Future Interests – Extinguishment of Contingent Remainder Interests in the Unborn
- Wills – Legacies – Presumption of Satisfaction of Debt
- Negligence – Duty of Care – Manufacturer’s Duty to Warn of Obvious Dangers
- Municipal Corporations – Tort Liability – Liability for Torts Committed by Municipal Employees in Exercise of Governmental Functions
- Labor Law – NLRA – “Ally” Doctrine
- Labor Law – Collective Bargaining – Duty of Employer to Furnish Information Relating to Ability to Pay
- International Law – Treaties – Inclusion of Purely Domestic Matters in Reservations
- “Congress Shall Make No Law…”*
- Contracts – Statute of Frauds – Signature Applicable to Only Part of a Memorandum
- Contracts – Damages – Punitive Damages Awarded for Breach Accompanied by Fraudulent Act
- Constitutional Law – Due Process – Jurisdiction of State Court Over Nonresident Tortfeasor
- Civil Procedure – Process – Immunity from Service of Nonresident Entering State to Discuss Settlement of a Dispute
- Civil Procedure – Forum Non Conveniens – Judicial Adoption of Doctrine When Statue of Limitations Has Run Elsewhere
- Attorney and Client – Scope of Attorney’s Authority – Client Bound by Wrongful Settlement of Claim
- Guided Tour in a Civil Law Library: Sources and Basic Legal Materials in French Civil and Commercial Law
- Regulation of Business – Refusals to Deal – Use to Effectuate Resale Price Maintenance
- Constitutional Law – Due Process – Denial of Admission to the Bar Based on Unwarranted Inferences of Bad Moral Character
- The Impact of the 12% Reserve Income Tax Provivsion Upon the Banking Structure
Issue 4
- Labor Law – Collective Bargaining – Right of Power of Municipalities to Engage in Collective Bargaining
- Periodical Index
- Williston: A Treatise on the Law of Contracts
- Torts – Privacy – Collection Method
- Insurance – Recovery – Delay of Insurance Company in Rejecting Application for Insurance
- Evidence – Corroboration of Extrajudicial Confession – Quantum of Independent Evidence Required to Sustain Conviction
- Corporations – Stock Transfer – Enforceability of Restrictions on Right of Transfer When Not Stated on Certificate
- Workmen’s Compensation – Compensability of Injuries Resulting from Physical Examinations
- Torts – Libel and Slander – Effect of an Unsustained Plea of Truth
- Negligence – Duty of Care – Effect of Time Lapse on Manufacturer’s Duty
- The Practical Location of Boundaries
- Civil Rights – Legislation – The Civil Rights Act of 1957
- The Adequacy of State Insurance Rate Regulation: The McCarran-Ferguson Act in Historical Perspective
- Bankruptcy – Priorities – Priority Status of Tax on Wages Earned But Unpaid at Time of Bankruptcy
- Oil and Gas – Leases – Validity When Executed by Life Tenant and Remaindermen at Different Times
- “Congress Shall Make No Law…”:II
- Schwartz: The Supreme Court: Constitutional Revolution in Retrospect
- Labor Law – Union Internal Affairs – Right of Union Members to Inspect Union Books and Exhaustion of Internal Remedies as a Prerequisite to Judicial Enforcement of that Right
- Regulation of Business – Securities Act of 1933 – SEC Loses Fight to Regulate Variable Annuity
- Fiduciary Administration – Compensation – Extra Compensation and the Rule Against Self-Dealing
Issue 5
- Periodical Index
- Vaughan: The United States Patent System
- Avins: The Law of AWOL
- Atomic Energy – Patents – Patent Aspects of Domestic Law, Euratom, and the International Atomic Energy Agency
- Municipal Corporations – Zoning – The Granting of a Variance Based on Unnecessary Hardship
- Oil and Gas – Construction of Lease-Dry Hole and Cessation of Production Clause
- Limitation of Actions- Substantive and Remedial Statutes – Extension of Statutory Period for Fraud
- Future Interests – Validity of Shifting Executory Interest on Event Certain to Occur
- Corporations – Clayton Act – Service of Process on Alien Corporations Through Their Local Subsidiaries
- Contribution – Joint Liability – Claimant Not a Volunteer But Not Subject to a Common Liability
- Atomic Energy – Indemnity Legislation – Anderson Amendments to the Atomic Energy Act of 1954
- Tax Accrual Accounting for Contested Items (Without the Benefit of I.R.C. Sections 452 and 462)
- Should the Rule Against Perpetuities Discard Its Vest?
- Workmen’s Compensation – Benefits – Exclusiveness of Schedule Provision
- Constitutional Law – Fifth Amendment – Right of Defendant in Denaturalization Proceedings to Refuse to Testify
- Damages – Automobile Collisions – Penalties for Failure to Settle Small Claims Promptly
- Atomic Energy – Uranium Procurement – Legal Aspects of the AEC Domestic Ore Purchase Program
- Aliens – Deportation – Activity Consituting Membership in Communist Party
- Recent Books
Issue 6
- Gair & Cutler: Negligence Cases: Winning Strategy
- Municipal Corporations – Financial Powers – Power to Expend Public Funds in Aid of Industry
- Labor Law – National Labor Relations Act – Power of NLRB to Order Employer to Withhold Recognition from Assisted Union Until Union is Certified
- Criminal Law – Evidence – Wiretapping
- Constitutional Law – Privilege Against Self-Incrimination – Danger of Prosecution in Other Jurisdictions
- Constitutional Law – Judicial Power – Power to Compel Fair Apportionment by the Legislature
- Civil Procedure – Jurisdiction – Effect of Filing Counterclaim After Denial of Objection to Jurisdiction
- A New Deal for Fiduciaries’ Stock Transfers
- Corporations – Dissolution – Equity Power to Dissolve Going Concern for Dissension
- Periodical Index
- Should the Rule Against Perpetuities Discard Its Vest?
- Wills – Revocation – Loss of a Duplicate Will
- Constitutional Law – Due Process -Knowledge of the Law Required for Conviction Under Criminal Registration Ordinance
- Jessup: Transnational Law
- Fiduciary Administration – Nominee Statutes – Transfer of Securities Held for the Benefit of Another
- Jury – Pre-Trial Selection – Suggested Improvements
- Municipal Corporations – Contracts – Ratification and Estoppel in Contracts Made By Unauthorized Agent
- Recent Books
- Contracts – Offer and Acceptance – Newspaper Advertisement as Offer to Sell
- Civil Procedure – Pre-Trial Discovery – Disclosure of Amount of Defendant’s Liability Insurance
Issue 7
- Labor Law – LMRA – Injunctive Relief for Breach of No-Strike Agreement
- Conflict of Laws – Estoppel – Extra-Territorial Effect of Probate Decree
- Constitutional Law – Citizenship – Power of Congress to Effect Involuntary Expatriation
- Wills – Devise to Executor for Further Distribution – Application of Trust and Power Doctrines
- The Conference on the Law of the Sea: A Report
- Taxation – Federal Income Tax – Right of Donee to Deduct Expense of Contesting Gift Tax Asserted Against Donor
- Constitutional Law – Civil Rights – Recent New York City Ordinance Bans Discrimination in Certain Private Housing Facilities
- Recent Books
- Descent and Distribution – Joint Ownership – Imposition of Constructive Trust on Murderer of Co-Tenant
- Municipal Corporations – Police Power – Sundy Closing Ordinances
- Modification of Consent Decrees: A Proposal to the Antitrust Division
- Regulation of Business – Sherman Act – Expansion of Per Se Doctrine Over Tying Agreements
- Torts in English and American Conflict of Laws: The Role of the Forum
- Constitutional Law – Former Jeopardy – Retrial for Greater Offense After Conviction of Lesser Included Offense Reversed on Appeal
- Bills and Notes – Indorsements – Liability of Drawee Bank on Forged Indorsement
- Periodical Index
- Rhyne: Municipal Law
- Criminal Law – Felony – Murder-Guilt of Robber for the Justifiable Killing of His Accomplice by a Policeman
- Trumbull: Materials on the Lawyer’s Professional Responsibility
- Liability Insurance – Cooperation Clause – Failure of Cooperation Absent a Finding of Prejudice
- Bills and Notes – Indorsements – Effect of Contemporaneous Agreement on the Indorsement Contract
- Torts – Prima Facie Tort – Liability for Instigation of Police Investigation or Prosecution
- Federal Practice – Venue – Applicability of General Venue Satute to Defendant Brought Into a Case After Removal from the State Court
- Constitutional Law – Intergovernmental Tax Immunities – Erosion of Distinction Between Taxation of Property and of Privilege
Issue 8
- Copryright – Infringement – Parody of Dramatic Production Held Not to Be Fair Use
- A Comment on the Law of Torts
- Taxation – Federal Estate Tax – Insurance and Annuity Combinations
- Snee & Pye: Status of Forces Agreement: Criminal Jurisdiction
- Bonds – Income Bonds – Rights of Bondholders and Deductibility of Interest for Federal Income Tax Purposes
- Real Property – Restrictive Covenants – Effect of Expiration of Time Limitation in Deed Under General Plan
- Antitrust Considerations in Motor Carrier Mergers
- CML Procedure – Mandamus – Application to Erroneous Refusal to Dismiss on the Ground of Forum Non Conveniens
- Taxation – Federal Income Tax – Proceeds from Cancellation of Contract Treated as Ordinary Income
- Negligence – Last Clear Chance – Evidence Insufficient as a Matter of Law
- Real Property – Adverse Possession – Between Cotenants
- Landowners’ Rights in the Air Age: The Airport Dilemma
- Periodical Index