Search

Addresses issues regarding the judgment issued by the U.S. Supreme Court on the Lawrence v. Texas case 2003 and the Bowers v. Hardwick case in 1986, and its impact on U.S. homosexual conduct laws as of June 2005. Opinion regarding the meaning of the Supreme Court's decision; Problem with the autonomy and recognition frameworks in the Lawrence case.

Relates the judgment issued by the Pennsylvania Supreme Court regarding the Norton v. Glenn case as of April 2005. Stand of the Court regarding the adoption of the neutral reportage privilege; Impact of the Court's position on neutral reportage privilege on the case; Overview of a news report by the "Chester County Daily Local," on April 20, 1995.

Presents the judgment issued by the 7th Circuit Court of Appeals in the U.S. regarding the White v. Scibana case as of April 2005. Details of the case; Overview of the federal good conduct time statute of the U.S. Constitution; Petition filed by Yancey White with the U.S. District Court for the Western District of Wisconsin.

Discusses the June 2003 judgment of the U.S. 7th Circuit of the Court of Appeals in the case In re Bridgestone/Firestone Inc. Tires Products Liability Litigation. Background of the case against Firestone tires and Ford Explorer sport utility vehicles; Number of lawsuits brought against the companies; Verdict of Judge Barker on the case.

Discusses the 2003 court ruling of the U.S. 6th Circuit Court of Appeals in the case United States v. Blaszak regarding a First Amendment challenge raised by a nongovernment witness convicted of soliciting compensation for his testimony. Amount of money demanded by attorney James Blaszak for his testimony for RE/MAX International; Planning of the entrapment of Blaszak; Reason for the dismissal of the First Amendment claim of Blaszak.

Discusses the 2003 court ruling of the U.S. Ninth Circuit Court of Appeals in the case Southwest Voter Registration Education Project v. Shelley regarding the enjoining of the special election in California. Comparison with the case of Bush v. Gore; Dilemma that lower courts face as they tackle the doctrinal implications of Bush v. Gore; Opinion of Judge Wilson on the punchcard vote counting machines.

Presents information on the case, Eldon Kenseth vs. Commissioner. Background of the case, involving the policy on contingent attorneys' fees in the U.S.; Information on the charges filed by Kenseth; Ruling on the case.

Presents information on the case, United States vs. Wade Havvard. Background of the case involving the reliability of expert testimony on the source of a latent fingerprint; Charges filed against Havvard; Ruling on the case.

Explains how and why United States federal trial judges came to reorient the processes of judging and to redefine their jobs by adding the management and settlement of civil cases to their judicial role. Judicial transformation of the daily practices of judging; Alterations in the content and size of the federal judiciary's docket; Programmatic goals for the Article III judiciary.

Details a case filed by ProCD Inc. against Zeidenberg regarding shrinkwrap licenses in electronic databases. Allegations against Zeidenberg; Claims of ProCD on the case; Decisions of the court on the case.

Presents a supreme court case filed by Cede & Co. against Technicolor Inc. regarding appraisal rights of minority shareholders. Allegations against Technicolor; Decisions of the court on the case; Information on the companies.

Reviews several cases filed in the U.S. Public Citizen v. U.S. Trade Representative; National Abortions Federation v. Operation Rescue; U.S. v. Perdue.

Reviews the decision in the case Lamprecht v. Federal Communications Commission, filed in a circuit court in Washington, D.C. Background of the case; Basis of the court's decision; Limitations of the analytical approach.

This article focuses on notes related to various court cases. Some of the cases are: President's power to pardon contempts. In the Circuit Court of Appeals of the Eighth Circuit, Judge Sanborn has most vigorously assailed the proposition that "contempts of court are public offenses, pardonable like any other." Another case is related to specific performance of contracts to perform continuous acts: By a recent decision in South Carolina a mandatory decree compelling a defendant to build and maintain a railroad station and keep a resident agent there was affirmed. The court thus not only gave specific performance of a contract to build, but also required the performance of continuous acts.

The article reports on the rise in the number of students registering in law school of the United States and some legal cases. The law applied by the courts of England in the enforcement of foreign contracts, ever since the decision of "Jacobs v. Credit Lyonnais," has remained uncertain. So far as any definite rule is laid down, they determine the validity of the contract by the law of that jurisdiction which the parties intended should govern. Since such intent is rarely expressed, this rule without further elaboration is unserviceable.

The article presents information on some recent cases. Held, that the appointment of an agent by a minor, and a contract made by the agent under his appointment, are not-void, but maybe ratified by the principal on coming of age. Coursolle v. Weyerhaeuser, 72 N. W. Rep. 697 (Minnesota). Held, that a Pennsylvania statute imposing upon every employer of foreign-born, unnaturalized, male persons over twenty-one years of age, a tax of three cents a day for each day that every such person may be employed, and authorizing the deduction of that sum from the wages of the employee, is in violation of the Fourteenth Amendment. Fraser v. McConway & Torley Co., 82 Fed. Rep. 257.

The article presents notes related to jurisdiction. An erroneous decision in a court of law, unlike mistakes made in most professions or trades, never is at rest. The mischief is done not once and for all, but spreads like a contagious disease, affecting new matter and influencing the decision of other cases far removed in time and place from its origin. In the case of Western Assurance Co. V. y. H. Mohlman Co., U. S. Circ. Court of App., Second Circ, Oct. II, 1897 (not yet reported), the Court held admissible, in support of a professional opinion, statements as to strength of timber contained in scientific books of admitted authority.

The article presents information on the warranties and similar agreements. In the decisions upon the subject of warranties and stipulations of that nature it is true that there is some confusion, but its extent is often overstated. Many of the opinions on the subject are much worse than the actual decisions. Rejecting the bad opinions and accepting the decisions, we find the rules followed by the courts of different jurisdictions very nearly uniform. The combinations of circumstances which give rise to warranties and agreements of that nature are so varied that pages suffice to give merely a suggestion of their variety, and even chapters do them but scant justice.

Presents judgments of several court cases in the U.S. as of October 1895. Judgment of the court on the case "New York Central Insurance Co. v. National Protection Insurance Co."; Merits of the case "Boone County National Bank v. Latimer et. al."; Facts of the case "Jordan v. Tate."

Explores the court decision in the case "Pollock v. Farmers' Loan and Trust Co." in the U.S., wherein the court of last resort not only overrules in effect three direct adjudications made by itself, but also refines away to the vanishing point two other of its decisions. Facts of the case; Merits of the case; Basis of the court decision.

Explores court decisions in the cases regarding general average in the U.S. Consideration for the underlying principle of general average in the paucity of decisions; Statement of a doctrine that there should be a voluntary and successful sacrifice of part of a maritime adventure with intent to save the other parts; Administration of the law of general average.

Discusses court decisions on cases in the United States. Personal liability of school administrators; Policy on the assignment of salaries to public officers; Explanation of the contract of a freighter to pay demurrage to the shipowner in case of failure to unload cargo from the ship.

Presents judgments on several cases in the U.S. as of 1889. Merits of the case "Lewis v. Lynn Institute for Savings"; Judgment of the case "Quinn v. South Carolina"; Examination of the court decision on a case on a husband who, being aware that he has venereal disease, has connection with his wife who is ignorant of his condition.

Presents court decisions in various cases in the United States compiled for December 1887. Usury case involving the reservation of agent's commission in Williams v. Bryan; Liability after a lease in the case, Breslin v. Somerville Horse R. Co.; Enforcement of parol gift of land in the case, "Dawson v. McFaddin,".

Discusses the decision of the New York Court in a case involving a dispute regarding the privity of contract. Details of the legal conditions that need satisfaction before the assets of a firm are transferred; Distinction between covenants and simple contracts.

Lists several cases which are selected from the English and American decisions, for the purpose of giving the latest and most progressive work of the courts. Outline of the case "Davis v. Hall"; "R'y Co. v. McCarthy"; "Carpenter v. Bank"; "Brown v. Ladd"; "Kemper v. Commonwealth."

The article focuses on the power of a Circuit Court of appeals to sit en banc. In Textile Mills Securities Corp. v. Commissioner, the U.S. Supreme Court held that all the circuit judges of a circuit court of appeals may sit en banc. To reach this conclusion, generally regarded as advantageous to efficient judicial administration, the Court tested the applicable statutes not by their probable meaning but by the un- usual method of considering whether they foreclosed the desired result. In 1891 there were added to the federal judicial system the circuit courts of appeals, each to "consist of three judges."

The article discusses on legislation of several constitutional laws. In order to deal adequately with the two years of decisions which have appeared under the Federal Declaratory Judgments Act, it is necessary briefly to reexamine the constitutional concept of case and controversy developed by the Supreme Court. For purposes of convenience the field of possibly justifiable controversies may be roughly divided into four areas. The first would include those controversies in which rights have District courts, without analyzing the scope of justifiability by area, have also given declaratory judgments where there was no such claim of the availability of injunctive relief as would place the controversy in the second area.

Provides information on the law regarding the separation of causes in removal proceedings. Results of the first removal statute; Terms of the section 28 of the Judicial Code; Solution of the federal court to the problem that arises after a suit has been removed because it involves a separable controversy.

Discuses issues and topics related to judicial self-limitation in the U.S. Factors that would contribute to situations where a tribunal would shy off and throw away the burden of the decision on other shoulders; Efforts of law experts to determine the exact limits of judicial action; Inheritance of the doctrine enunciated by the English courts in the judicial system of the Federal government.

Reports on the decision of the Supreme Court concerning the valuation of public utility property for rate-making purposes in the U.S. Indications showing the conflict of opinion on the foregoing summaries; Insistence of law experts for the failure of government commissions to accord the weight to the greatly enhanced costs of construction; Impact of the increased pressure upon the courts on their decision to revise the rule.

Discusses specific performance of contracts in connection with receiverships. Necessity of seeking permission from the appointing court before bringing actions for specific performance; Receivers after judgment to carry the judgment into effect; Identification of receivers under creditors' bills;

This article discusses the legal aspects of the word comity. Comity is a term of international law. Its best definition, in the light of the derivation of the word, is "courtesy." The attitude of the English courts towards the decisions of American courts may be taken as typical of the working of the principle of comity. In American law the word "comity," in addition to its normal use, has been borrowed to express relationships not international. The logical anomalies of a federal union have brought this about. The qualified kind bf sovereignty prevailing under a federal government has led to a qualified conception of comity.

Discusses title II of the U.S. Omnibus Crime Control and Safe Streets Act of 1968. Background on title II; Circumstances included that surround the giving of confession; Supreme court cases in which some sections of the title conflict with court's decision.

The article discusses the actions of private associations which affect its members. A member of an association, without objecting to the procedure which the group followed, will sometimes challenge the validity of a group action which he claims has caused him injury. The variety and complexity of these factors lead courts generally to decide cases either by reference to traditional theories which may tend to obscure rather than illuminate relevant considerations or by an unarticulated interest-balancing approach which at most results in a fair decision in the particular case, but does little to generate standards which will demonstrate that a rational decision has been made or to provide adequate bases for prediction. The article derives from the cases a pattern of decision that can be formulated into a method of approach from which more precise rules might be developed.

The article focuses on adjudication of a claim based on an action of a private association. The court must first determine whether the controversy is susceptible of judicial settlement, whether the alleged conduct is "wrongful" in a legally cognizable sense, and whether an appropriate judicial remedy can be framed. If these questions are answered affirmatively, the court must then determine whether the proven facts support the claim that the defendant's action is unreasonable or unjustified. Finally, appropriate relief must be fashioned. Consideration should be given not only to the seriousness of the injury to the particular plaintiff, but also to the harm with which such conduct threatens others in the plaintiff's position, the extent to which workable standards might be formulated for adjudicating such disputes, and whether judicial action could afford meaningful relief.

Professor Jafe examines the role of the courts in the enforcement of administrative orders and in contempt proceedings brought for violations of them. While he believes that courts generally should avoid resolving issties committed by law primarily to agency decision, he argues that the judiciary should not hesitate to decide such questions when necessary for the carrying out of its enforcement functions. He rejects the notion that the role of the courts can be determined by conceptually categorizing the questions before them as "administrative" or "judicial"; rather, he contends, the allocations between agency and court must be based on flexible considerations of fair and efficient enforcement. [ABSTRACT FROM AUTHOR]

In Romero v. International Terminal Operating Co., the Supreme Court last term decided a case which has important implications in many different areas of federal jurisdiction. The author's discussion involves a consideration of both the meaning of ‘arising under the laws’ in 28 U.S.C. § 1331, and the various confusing uses which the court has made of the term ‘pendent jurisdiction.’ [ABSTRACT FROM AUTHOR]

The author, concerned with the conflict between arbitral awards and judicial decisions, seeks to find in the nature and environment of collective-bargaining agreements a coherent rationalization of the process of "interpretation and application" which might guide both arbitrators and courts. He goes on to discuss the limits of the judicial function in suits to compel performance of an agreement to arbitrate grievances. [ABSTRACT FROM AUTHOR]

``The article refers to the U.S. courts' decisions that have been taken in relation to various court cases. Related to the case United States v. Valente, the U.S. Court ruled that confession of felony by alien during interrogation prior to deportation proceedings is inadmissible in subsequent criminal proceedings. In the case Bertha Bldg. Corp. v. National Theatres Corp. jury applied "transacting business" test of venue provision to determine whether corporation is out of state so as to suspend statute of limitations. The article also presents several other cases.

The article reports on the author that when he came to the Court of Appeals in 1939 the two Judges Hand were already of massive and imposing reputation. He had had very little direct contact with either of them except as he had assisted in the separate awards of honorary degrees to them at the hands of his university. He had approached his first sittings with not a little fear and trembling because of the supposedly dread character of these famed judges and the profound traditions of our court. But he needn't have any worry, for he discovered both of them to be the most human of persons, to whom the adjective "stuffy" was the least correct description conceivable.

This article presents a commentary note on the judicial system of the U.S. by reevaluating various judgments and civil procedures. The article first concentrates on Article 107 of the French subcommission's draft proposed to limit the right to an exequatur, against the Civil Code of 1804. It is hoped that there can be no exequatur in France for judgments rendered in countries where decisions of French courts cannot be executed. The absence of reciprocity is supposed to be ascertained in accordance with Article 3 of this law. These sections were discussed on February 23, 1950, under the presidentship of Julliot de la Morandiére, dean of the University of Paris Law School. Based on the discussion, and citing some excerpts of that, it is opined that the American position is that the French system is unsatisfactory because it permits a general re-examination of the merits. The French, on the other hand, are not satisfied with the American system because it does not execute the foreign judgment as such but requires a new judgment, and because the subject is not regulated by a statute.

The article reports that function of courts and legislatures alike is to choose between claims of conflicting interests. Ordinarily, it is true, a court is less free in the exercise of this function than a legislature: some elements of most controversies submitted to a court have already been resolved either by the legislature itself or, in some measure, by previous judicial decisions. The court's choice, in any event, though conclusive in the controversy at bar, is subject to legislative modification or rejection so far as it may be applicable to like situations later arising.

The purpose of this article is to analyze the Federal Communication Commission's role in formulating and applying criteria of comparative judgment. Since recent decisions indicate an increasing awareness of the judicial responsibilities required by the selective process, the courts' contribution is also examined. In any licensing proceeding, an applicant must establish minimum legal, financial and technical qualifications; relative considerations are immaterial unless each competing applicant could serve in the public interest. But once several applicants for one or a limited number of facilities have met these minimal requirements, the Commission's function is to ascertain who will best serve the public interest, and a comparative hearing is necessary.

Presents a case in which a life tenant was held entitled to net rents from each productive parcel of foreclosed land. Details of the case; Court decision on the case; Views on the decision.

Presents information on cases in which it was held that resident cestui is taxable on income previously taxed to trustee in another state in the U.S. Court decisions on the case; Implications of the cases.

Presents a case in which it was held that a taxpayer and a holding company of which he is sole stockholder were not identical for computation of holding period. Details of the case; Significance of the court decision on the case; Other similar cases.

Presents a case in which a husband's contract to pay wife annual sum was held valid. Terms of a contract under seal; Details of the case; Court decision on the case.

Discusses the court decision in the breach of contract case Six Companies of California versus Joint Highway District No. 13 of the State of California. Background on the case; Application of the liquidated damage provision for delay; Examples of earlier cases related to the principal case.

Discusses the court decision in the copyright infringement case Buck versus Virgo in the U.S. Background on the case; Exclusive right given to the owner of a copyright; Examples of other copyright infringement cases.