Modern Traffic Law Enforcement
Edward C. Fisher
I. Development
II. Significance
III. Other Speed Check Devices
IV. Skid Mark Evidence
V. Chemical Tests for Intoxication
VI. Developments of the Future
The Right to Work, A Decade of Development
William F. Swindler
I. Introduction
II. Genesis of the “Right to Work” Concept … A. Historical Background … B. Transition of the Concept … C. Stages in the “Right to Work” Movement
III. Local Characteristics of the Movement … A. Case Study: Nebraska … B. General: The States Enacting the Law
IV. Comparative Analysis of “Right to Work” Statutes
V. Adjudication of the “Right to Work “ Statutes
VI. Summary and Conclusions
Sexual Psychopathy—A Legal Labyrinth of Medicine, Morals, and Mythology
Domenico Caporale et al.
I. Identifying the Sexual Psychopath … A. Misconduct … B. Course of Conduct … C. Likelihood to Attack … D. Sexual Psychopaths and Sex Criminals … E. Sexual Psychopathy and Other Mental Ills
II. Commitment … A. Self-incrimination … B. Medical Reports … C. Plea of Guilty
III. Treatment … A. The Requirement of Treatment … B. Treatment Practices in Nebraska
IV. Release … A. Statutory Provisions … B. Release Policies
V. Conclusion
Appendixes A, B, and C
Comparative Negligence—The Nebraska View
Robert E. Johnson Jr.
I. Introduction
II. The Comparative Negligence Statute … A. Nebraska’s Uncertain Position … B. Criticism of Nebraska’s Position
III. The Last Clear Chance Doctrine … A. Nebraska and Last Clear Chance … B. Development of the Nebraska Doctrine … C. Present Nebraska Position … D. The Intervening Factor
IV. A More Scientific Application of the Comparative Negligence Statute
V. Conclusion
Constitutional Law—Separation of Church and State and the Application of the First Amendment to State Powers
William S. Dill
A taxpayer and parent sued to enjoin the Nashville Board of Education from continuing the practice of reading from the Bible each day in the public schools in compliance with a Tennessee statute. The trial court sustained defendant’s demurrer (no cause of action). Held: affirmed, on the grounds that the statute was not in conflict with either the Tennessee Constitution or with the United States Constitution, Amendment I. By decisions before 1868, individuals were not protected against state action in violation of the Bill of Rights of the United States Constitution, including the first amendment. The privileges and immunities clause of the fourteenth amendment adopted in 1868 did not secure to individuals as state citizens the privileges and immunities of United States citizens as enumerated in the first eight amendments. However, the due process clause of the fourteenth amendment protected state citizens against deprivation of their liberties by the several states. There were also certain special privileges or immunities that could not be abridged by the states.
Evidence—Hearsay—Equivocal Replies to Accusations When the Accused Is under Arrest
Howard E. Tracy
Having been arrested under suspicion of robbery, the defendant was confronted with a taxicab driver and an alleged accomplice who each made statements implicating him with that robbery. When asked what he had to say about those accusations, the defendant replied, “I do not wish to make a statement until I see my lawyer,” and, “Do you think I would tell you something that would put me in jail?” Over the timely objections of the defendant, the trial court permitted police officers to relate the accusations of the taxicab driver and the accomplice on the theory that, when coupled with the defendant's reaction to them, they constituted admissions which were admissible despite the hearsay rule. On defendant’s appeal from his conviction, the Circuit Court of Appeals for the District of Columbia Held, reversed.
Torts—Attractive Nuisance Doctrine as a Basis for Damages Caused to Third Persons by Trespassing Child
John C. McElhaney
A subrogee insurer sued for damages to a building resulting from acts of children trespassing on adjacent land. Three children, at night, observed a tractor standing unguarded on a job site in a slum district, and began playing. They inadvertently started the tractor, which ran into and damaged the building. Held, recovery against the tractor owner affirmed on the basis of the attractive nuisance doctrine. Following the usual application of this doctrine, there would seem to be no question of liability to the children had they been injured while so trespassing and playing on the tractor. However, as the children were not injured, but caused injury to the property of another, this is an unusual application.
Contracts—Effect of Merger Clause on Fraud by Agent
Philip C. Sorenson
Action for purchase price of furnace which defendant had contracted to buy. Petitioner’s agent had induced defendant to enter into a contract which was subject to acceptance by the home office and which contract contained a merger clause. Buyer, in his answer, alleged fraudulent statements made by agent concerning the condition of buyer’s old furnace. On appeal Held: Plaintiff's motion for judgment on the pleadings sustained in that answer did not set up a defense to the petition since defendant was precluded from repudiating the merger clause. The same court, in a decision handed down the same day, held tract by fraudulent material misrepresentations of an agent. Thus, the court, in the present case, recognized the power of the merger clause to prevent actions of rescission or defenses based on fraud of an agent.