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Table of Contents (V.3 No.1)
Catholic University Law Review Volume 3 Issue 1 January 1953 Article 1 1953 Table of Contents (v.3 no.1) Catholic University Law Review Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Catholic University Law Review, Table of Contents (v.3 no.1), 3 Cath. U. L. Rev. (1953). Available at: https://scholarship.law.edu/lawreview/vol3/iss1/1 This Front Matter is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. THE CATHOLIC UNIVERSITY OF AMERICA LAW REVIEW Volume III January, 1953 Number 1 CONTENTS ARTICLES Page Pretrial Procedure in the District of Columbia ...................... Honorable Alexander HoltzojJ I Some Reflections on Pound's Jurisprudence of Interests .......................... Rev. Dr. Francis 1. Powers 10 COMMENTS Inherent Power of the President to Seize Property ................... 27 Just Compensation and Riparian Interests ........................ 33 A Proposed Amendment to the Constitution ...................... 43 RECENT CASES CONSTITUTIONAL LAW--Captive Audience-Public Utilities- Right of Privacy not Violated by Transit Radio. Pollak v. Public Utilities Commission, 343 U. S. 451 (1952) .............................. 51 CORPORATIONS-Agency-Attorney and Client. Zeeb v. Atlas Powder Co., 87 A. 2d 123 (Del. 1952) .......................... 53 CRIMINAL LAW-Subnormal Mentality as Affecting Criminal Re- sponsibility. Commonwealth v. Elliott, 89 A. 2d 782 (Pa. 1952) ...... 55 FUTURE INTERESTS-Habendum Clause--Condition Subsequent-- Base or Determinable Fee. Ange v. Ange, 71 S. E. 2d 19 (N. C. 1952) 57 INSURANCE-Constitutional Law. -
The Honorable Otto R. Skopil Jr
The magazine of the first law school in the Pacific Northwest | Fall 2007 THE HONORABLE OttO R. SKOPIL JR. An Exemplar of Outstanding Judicial Service INSIDE THIS ISSUE Rise of the New Paradigm: Alternative Dispute Resolution Jonathan Mayes Serves Up Ingredients for Life On the Cover Senior 9th Circuit Judge Otto R. Skopil Jr. has been an exemplar of outstanding judicial service throughout his long career. In addition to helping create the federal magistrate system, he was an architect for the future of federal court administration. Willamette Lawyer | Fall 2007 8 | Commencement 2007 A new generation of Willamette lawyers graduates and enters the profession. 4 | Campaign Update Law graduates have provided invaluable endowed scholarships to WUCL, including Eric Lindauer and other members of the Class 10 | Student Profiles of 1966; Dale and Allen Hermann; Richard and Paula Vial; and James Fitzhenry. Law students Lee Ann Donaldson and Todd Huegli find value in helping others. RESOLUTIONrise of the new paradigm: Alternative Dispute Resolution Top practitioners from the West Coast discuss current trends in and the future of alternative methods 24 | Profiles in Leadership of dispute resolution. Class of 1987 graduate Jonathan 12 Mayes strives for a life well lived. Fall 2007 • Vol. VII, No. 2 Dean In This Issue … Symeon C. Symeonides Editor Anne Marie Becka Departments Creative Director Dean’s Message 2 Carrie Mosar Campaign Update 3 Major Events Graphic Design Class of 2010 Brings Greater Diversity 5 Chris Noud NowDesign Creative Services New -
099-0090.Pdf
Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: ARTICLE 1. HEART BALM ACTIONS Section 1-1. Findings. The majority of states have abolished heart balm actions. In Illinois, heart balm actions for alienation of affections, breach of promise to marry, and criminal conversation were permitted under the common law before the abolition of those causes of action by "An Act in relation to certain causes of action conducive to extortion and blackmail, and to declare illegal, contracts and Acts made and done in pursuance thereof", filed May 4, 1935, Laws 1935, p. 716. The Illinois Supreme Court held, in Heck v. Schupp, 394 Ill. 296 (1946), that the 1935 Act was unconstitutional and that the abolition of heart balm actions would infringe upon the rights of parties to remedies under Section 19 of Article II of the 1870 Constitution. (Section 12 of Article I of the 1970 Constitution is similar to the relevant portion of Section 19 of Article II of the 1870 Constitution.) Since 1947, heart balm actions have been permitted with limited damages under the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act. Society has since recognized that the amicable settlement Public Act 099-0090 SB0057 Enrolled LRB099 05449 HEP 25484 b of domestic relations disputes is beneficial. In 1977, the Illinois Marriage and Dissolution of Marriage Act became the law of this State. As stated in Section 102 of that Act, among its underlying purposes are: promoting the amicable settlement of disputes that have arisen between parties to a marriage; mitigating the potential harm to the spouses and their children caused by the process of legal dissolution of marriage; and eliminating the consideration of marital misconduct in the adjudication of rights and duties incident to the legal dissolution of marriage, legal separation and declaration of invalidity of marriage. -
Judicial Election Questionnaire - Judge Version
Judicial Election Questionnaire - Judge version 1) Your full name: Thomas A. Balmer 2) Office Address and Phone Number: Oregon Supreme Court 1163 State Street Salem, OR 97301 3) Web site (if applicable): 4) List high school, college and law school attended, including dates of attendance, degrees awarded and your reasons for leaving each school if no degree from that institution was awarded. Jackson High School, Portland, Oregon (1966-70) Oberlin College, Oberlin, Ohio (A.B., 1974) University of Chicago Law School, Chicago, Illinois (J.D., 1977) 5) List employment since graduation from law school, including dates employed, your position and the nature of the practice or activity. Associate, Choate, Hall & Stewart, Boston, Massachusetts (1977-79) (litigation and business law) Trial Attorney, Antitrust Division, U.S. Dept. of Justice, Washington, DC (1979-80) (investigation, legal and factual research, and related activities regarding competition in energy industry) Associate, Wald, Harkrader & Ross, Washington, DC (1980-82) (antitrust advice, litigation, business law) Associate (1982-95), Partner (1986-92; 1997-2001), Lindsay, Hart, Neil & Weigler, Portland, Oregon (1982-1990) and successor firm Ater Wynne (1990-92; 1997-2001) (practice included business and other litigation, appeals, government regulation, antitrust law; Managing Partner, 1998-2001) Deputy Attorney General, State of Oregon (1993-97) (responsible for administration of Oregon Department of Justice and legal advice to state agencies and elected officials; represented state in litigation in state and federal court) Associate Justice, Oregon Supreme Court (2001 to 2012) – appointed by Governor Kitzhaber; elected 2002; re-elected 2008) Chief Justice, Oregon Supreme Court (May 2012 to present) – elected by Supreme Court List state and federal bars, courts and administrative bodies to which you are presently admitted and the date of admission. -
Alienation of Affections in the Conflict of Laws Albert A
Cornell Law Review Volume 45 Article 5 Issue 3 Spring 1960 Alienation of Affections in the Conflict of Laws Albert A. Ehrenzweig Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Albert A. Ehrenzweig, Alienation of Affections in the Conflict of Laws , 45 Cornell L. Rev. 514 (1960) Available at: http://scholarship.law.cornell.edu/clr/vol45/iss3/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ALIENATION OF AFFECTIONS IN THE CONFLICT OF LAWS* Towards the Lex Forifor Admonitory Torts Albert A. Ehrenzweigt "If a cause of action in tort is created at the place of wrong, a cause of action will be recognized in other states. If no cause of action is created at the place of wrong, no recovery in tort can be had in any other state."' This is the "rule" of the Restatement which, for the sake of "certainty," courts throughout the country during the last few decades have invoked in nearly every torts conflicts case-only to reach widely differing results by the haphazard and therefore unpredictable use of various other devices.2 Arbitrary localization of the "place of wrong," arbitrary "characterizations" (e.g., procedure, contract), arbitrary resort to public policy, and even occasional arbitrary flight into renvoi, that "puerile" concept "of violently prejudiced literature,"3 are some of the devices which have been employed. -
Alienation of Affection Suits in Connecticut a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2006-2020, Judicial Branch, State of Connecticut. All rights reserved. 2020 Edition Alienation of Affection Suits in Connecticut A Guide to Resources in the Law Library This guide is no longer being updated on a regular basis. But we make it available for the historical significance in the development of the law. Table of Contents Introduction .................................................................................................... 3 Section 1: Spousal Alienation of Affection ............................................................ 4 Table 1: Spousal Alienation of Affections in Other States ....................................... 8 Table 2: Brown v. Strum ................................................................................... 9 Section 2: Criminal Conversation ..................................................................... 11 Table 3: Criminal Conversation in Other States .................................................. 14 Section 3: Alienation of Affection of Parent or Child ............................................ 15 Table 4: Intentional Infliction of Emotional Distress ............................................ 18 Table 5: Campos v. Coleman ........................................................................... 20 Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Alienation-1 These guides are provided with the understanding that they represent -
Should Tort Law Protect Property Against Accidental Loss
San Diego Law Review Volume 23 Issue 1 Torts Symposium Article 5 1-1-1986 Should Tort Law Protect Property against Accidental Loss Richard Abel Follow this and additional works at: https://digital.sandiego.edu/sdlr Part of the Torts Commons Recommended Citation Richard Abel, Should Tort Law Protect Property against Accidental Loss, 23 SAN DIEGO L. REV. 79 (1986). Available at: https://digital.sandiego.edu/sdlr/vol23/iss1/5 This Article is brought to you for free and open access by the Law School Journals at Digital USD. It has been accepted for inclusion in San Diego Law Review by an authorized editor of Digital USD. For more information, please contact [email protected]. Should Tort Law Protect Property Against Accidental Loss? RICHARD L. ABEL* Tort damages for accidental harm to property violate the funda- mental values of autonomy, equality, and community. Tort law itself recognizes that property is less important than personal in- tegrity. State action, includingjudicial decisionmaking, that seeks to protect property against inadvertent damage either is unprinci- pled and hence arbitraryor reflects and reinforces the existing dis- tribution of wealth and power, or both. Tort liabilityfor acciden- tal injury to property cannot be defended as a means of reducing secondary accident costs, it entails very high transactioncosts, and it has little or no proven value as a deterrent of careless behavior. Consequently, courts should cease to recognize a cause of action in tort for accidental damage to property. t An earlier version of this Article was presented to the Symposium of the Colston Research Society at the University of Bristol, April 3-6, 1984. -
OWLS Celebrates at Annual Dinner
A Newsletter Published by Oregon Women Lawyers Volume 15, No. 2 Spring 2004 OWLS Celebrates at Annual Dinner By Sue-Del McCulloch he OWLS annual dinner honoring the received a Master of Arts in Law and Diplo- recipients of the Justice Betty Roberts macy. Ms. Howard had herself received a schol- Tand Judge Mercedes Deiz Awards is a arship to Harvard Law School, but she was not President testament to the OWLS mission and the pride permitted to attend the then all-male univer- Sarah J. Crooks of the legal community in those who actively sity. Ms. Howard went on to a successful law President-Elect/ advance that mission of promoting women and practice without the Harvard education she had Vice President minorities in the been denied Jennifer K. De Wald law. On March 5, and proceeded Secretary a record number to expand the Kate Thompson of attendees— opportunity for Treasurer Deanna L. Wray over 390, includ- other young ing several women, inspir- Historian Kathryn M. Ricciardelli members of the ing the fellow- state and federal ship that bears Board Members judiciary—gath- Beth A. Allen her name. Pam Alice M. Bartelt ered at the Port- took this ex- Mary C. Bruington land Hilton to ample as a les- Lynda Clark Laurie E. Craghead celebrate the son of grace and Norma Freitas contributions of determination Diane Henkels the 2004 award to create oppor- Ellen K. Jones Kimberly A. Kaminski recipients: Justice tunities for oth- Leslie O’Leary Betty Roberts The Honorable Susan Leeson (left), ers, without Darleen R. Ortega Award recipient considering per- Cecil A. -
INDIANA LAW REVIEW [Vol
Indiana La^i^ Revleir Volume 24 1991 Number 2 ESSAY Who's Been Sleeping in My Bed? You and Me, and the State Makes Three Phyllis Coleman* I. Introduction Recently a married woman narrowly escaped a trial,* the possibility of two years in prison, and a $10,000 fine for a crime that an estimated sixty percent of the adult American population has committed. ^ Donna E. Carroll, a Wisconsin woman, was charged with having an adulterous affair. * Professor of Law, Nova University. B.S.. 1970; M. Ed., 1975; J.D., 1978, University of Florida. The author wishes to thank Professors John Sanchez and Bob Jarvis for their helpful comments and criticisms. 1. The 26-year-old Wisconsin woman was spared a trial when she agreed to perform 40 hours of community service and undergo two months of parental counseling. Chicago Tribune, May 8, 1990, at 2, col. 3. Her attorney made it clear that the woman agreed to these sanctions not as an admission of guilt, but only to avoid trial. The Times (London), May 9, 1990, Overseas News. This widely reported case "prompted disbelief and hilarity in the liberal northern cities but won approval from many conservative and religious groups." Id. 2. "Despite all the hush-hush, the morality, and the vendettas against those involved in them, affairs are extremely common. Almost everyone engages in one in his or her Hfe at some time." L. Linguist, Secret Lo\'ers xi (1989). Dr. Linguist estimates 70% of married men and 50% of married women have affairs. She also calculates that approximately 60% of all single people have had a sexual relationship with a married person. -
Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts a Guide to Resources in the Law Library
Connecticut Judicial Branch Law Libraries Copyright © 2001-2021, Judicial Branch, State of Connecticut. All rights reserved. 2021 Edition Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts A Guide to Resources in the Law Library Table of Contents Introduction .................................................................................................... 3 Section 1: Breach of Promise to Marry and Return of Engagement Ring and Courtship Gifts ............................................................................................................... 4 Table 1: No Fault Approach........................................................................... 20 Figure 1: Substituted Complaint .................................................................... 22 Figure 2: Amendment to first count of plaintiff’s complaint ............................... 25 See Also: Alienation of Affection Suits in Connecticut Replevin in Connecticut Prepared by Connecticut Judicial Branch, Superior Court Operations, Judge Support Services, Law Library Services Unit [email protected] Breach of Promise to Marry – 1 These guides are provided with the understanding that they represent only a beginning to research. It is the responsibility of the person doing legal research to come to his or her own conclusions about the authoritativeness, reliability, validity, and currency of any resource cited in this research guide. View our other research guides at https://jud.ct.gov/lawlib/selfguides.htm This guide links to advance -
Does Equity Protect Property Rights in Domestic Relations? Thomas D
Kentucky Law Journal Volume 19 | Issue 1 Article 5 1930 Does Equity Protect Property Rights in Domestic Relations? Thomas D. Theobald Jr. Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Family Law Commons, and the Property Law and Real Estate Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Theobald, Thomas D. Jr. (1930) "Does Equity Protect Property Rights in Domestic Relations?," Kentucky Law Journal: Vol. 19 : Iss. 1 , Article 5. Available at: https://uknowledge.uky.edu/klj/vol19/iss1/5 This Note is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. NOTES DOES EQUITY PROTECT PROPERTY RIGHTS IN DOMESTIC RELATIONS? INTRODUCTION In many cases, we find the broad general statement that "Equity protects onl7 property rights." This rule that the office and jurisdiction of a court of equity, unless enlarged by an express statute, are limited to the protec- tion of property rights,1 is a rule of very general application. In People vs. Pro tty 2 the court said: "Injury to property whether actual or prospective is the foundation upon which the jurisdiction of courts of equity rests." And in In Re Sawyer,3 we find the following statement: "The office and jurisdiction of equity, unless enlarged by stat- ute, are limited to property rights." In some decisions, expressions are found to the effect that a court of equity would seem to be as responsive to a call for protection of personal rights, as to one for the protection of rights relating to property.- However, where the sole damage suffered consists of injury to personality, there is very little authority for giving injunctive relief. -
United States Bankruptcy Appellate Panel for the EIGHTH CIRCUIT
United States Bankruptcy Appellate Panel FOR THE EIGHTH CIRCUIT __________ No. 04-6055EM __________ In re: Cynthia Marie Stage, * * Debtor. * * Gail Osborne, * * Appeal from the United States Plaintiff - Appellee, * Bankruptcy Court for the * Eastern District of Missouri v. * * Cynthia Marie Stage, * * Defendant - Appellant. * __________ Submitted: February 8, 2005 Filed: March 10, 2005 __________ Before KRESSEL, Chief Judge, DREHER and MAHONEY, Bankruptcy Judges. __________ KRESSEL, Chief Judge. This case has its origins in alienation of affections litigation in Missouri state court in which a jury awarded Appellee Gail Osborne a $50,000.00 judgment against Appellant Cynthia Marie Stage. Stage appeals from the order of the bankruptcy court granting summary judgment to Osborne based on collateral estoppel. The principal Appellate Case: 04-6055 Page: 1 Date Filed: 03/10/2005 Entry ID: 1876995 issue in this appeal is whether the state court judgment for alienation of affections established that Stage willfully and maliciously injured Osborne for purposes of 11 U.S.C § 523(a)(6). We conclude that it did not, and reverse. BACKGROUND Osborne filed suit against Stage in state court based on the tort of alienation of affections. On July 28, 1999, after a two day trial, the case was submitted to a jury with the following instruction: Your verdict must be for Plaintiff, Gail Ann Osborne, if you believe: First, Plaintiff was married to Daniel Osborne, and Second, Defendant, Cynthia Stage caused Plaintiff to lose the society, comfort, affection