Domestic Relations -- 1957 Tennessee Survey

A large number of significant cases were reported during the survey period dealing with various phases of domestic relations. The 1957 General Assembly enacted several statutes in the field which should also be noted

The Standard of Care Owed by a Hospital to Its Patients

Despite the: great number of tort cases which have arisen between hospitals and their patients, comparatively little has been written upon the subject of the standard of care required of a hospital in its relationship with those who enter it for treatment. In this Note some of the types of problems arising out of this relationship will be examined.\u27 Questions of substantive and procedural law will be treated together in order to present these problems more clearly. Generally, public hospitals are excused from tort liability to their patients upon the ground of governmental immunity ; in most states charitable institutions enjoy some degree of limited liability upon one of several theories, all or most of which rest upon an underlying public policy. Since supposedly no public policy favors the exemption from liability of private hospitals conducted for profit, cases involving such institutions present most clearly the problems of the standard of care required in the hospital-patient relationship. Therefore only those cases and cases in which charitable institutions have been held fully responsible to their patients will be considered herein. Cases involving the liability of hospitals to employees, licensees, and persons other than patients are not within the scope of this Note. No express attention is given to the problems of the extent of damages, cause in fact, or legal cause, although in any discussion of duty these problems are involved to some extent

Domestic Relations--1959 Tennessee Survey

In the case of In re Matthews, the supreme court once more was called upon to construe the adoption statutes and to determine the relationship between the juvenile court and a court in which adoption proceedings are pending. In this same case, the court had earlier held that jurisdiction of juvenile courts to declare children abandoned is not exclusive and that in adoption proceedings a chancery court may determine whether there has been an abandonment of the child proposed to be adopted. The supreme court had remanded the case to the chancery court. In that court, the Department of Public Welfare resisted the proposed adoption and asserted that in still earlier proceedings the subject child had been declared to be a dependent by the juvenile court, its custody had been given to the department and the cause retained in juvenile court for further orders. The department therefore contended that the chancery court could not proceed with the proposed adoption proceedings. The chancellor agreed and dismissed the petition for adoption. For the second time the supreme court reversed the cause and remanded it to the chancellor, holding that nothing in the juvenile court statutes prevents a circuit or chancery court from entertaining an adoption proceeding merely because the child is within the jurisdiction of the lower court as a dependent

The Standard of Care owed by a Hospital to its Patients

Despite the: great number of tort cases which have arisen between hospitals and their patients, comparatively little has been written upon the subject of the standard of care required of a hospital in its relationship with those who enter it for treatment. In this Note some of the types of problems arising out of this relationship will be examined.\u27 Questions of substantive and procedural law will be treated together in order to present these problems more clearly. Generally, public hospitals are excused from tort liability to their patients upon the ground of governmental immunity ; in most states charitable institutions enjoy some degree of limited liability upon one of several theories, all or most of which rest upon an underlying public policy. Since supposedly no public policy favors the exemption from liability of private hospitals conducted for profit, cases involving such institutions present most clearly the problems of the standard of care required in the hospital-patient relationship. Therefore only those cases and cases in which charitable institutions have been held fully responsible to their patients will be considered herein. Cases involving the liability of hospitals to employees, licensees, and persons other than patients are not within the scope of this Note. No express attention is given to the problems of the extent of damages, cause in fact, or legal cause, although in any discussion of duty these problems are involved to some extent

Domestic Relations -- 1961 Tennessee Survey

In the case of In re Van Huss\u27 Petition\u27 the Tennessee Supreme Court denied an adoption under a literal interpretation of the residence requirements inserted into the adoption statutes in 1959. Under the 1959 statutes, although the petitioners in adoption proceedings were not required to make Tennessee their legal residence, they were required to have lived, maintained a home and been physically present in Tennessee, or on federal territory within the boundaries of Tennessee for one (1) year next preceding the filing of the petition .... - In the Van Huss case the petitioning husband met all of the other requirements of the adoption statutes. He had lived in Tennessee all of his life, and he and his wife maintained a residence within the state. During the year preceding the filing of the petition, however, he had been in naval service and had been stationed outside the state, having visited the state only during short periods of leave. The majority of the supreme court held that he did not meet the statutory requirements for this reason and denied the adoption. The court pointed out that adoption is entirely statutory in nature and that there must be strict compliance with all statutory requirements. The dissenting member of the court felt that the holding accomplished a result wholly unintended by the legislature and that many residents of the state who were temporarily called out of the state on business would be disqualified by this interpretation of the statutes

Domestic Relations -- 1954 Tennessee Survey

An important case dealing with testamentary restraint upon adoptions was decided by the Tennessee Supreme Court during the survey period.\u27 The case was one of first impression in this jurisdiction and appears to be one of the few decisions upon the subject in the United States. In his will testator created a trust for his granddaughter, the child of his deceased son. He imposed a condition that if the child were adopted before her eighteenth birthday by someone outside testator\u27s immediate family, and if her name were changed, then the trust should terminate and the corpus be distributed to other persons. After testator\u27s death the condition was breached; the mother of the child remarried, the child was adopted by \u27her stepfather, and her name was changed, before her eighteenth birthday. The trustee brought suit in the nature of interpleader to determine the effect of this breach. The guardian of the child contended that the condition imposed on the trust was contrary to public policy as being an unlawful restraint upon adoption, and was merely an in terroren provision

The Footsteps Die Out For Ever (2016) for narrator, drum set, and orchestra

Title from PDF of title page, viewed on June 3, 2016Thesis advisor: James MobberleyVitaThesis (M.M.)--Conservatory of Music and Dance. University of Missouri--Kansas City, 2016A Tale of Two Cities, serialized in weekly and monthly installments and finally published as a single volume in November 1859, is one of Charles Dickens’s best-loved and most-analyzed novels. In The Footsteps Die Out For Ever, I have sought to pay homage to Dickens’s work, heightening and extending the drama of the story by writing music for drum set and orchestra to accompany the narrator, who recites text drawn from the novel. The Footsteps Die Out For Ever begins with a brief flourish on the tubular bells, introducing the piece’s scalar material, and the narrator reciting the opening paragraph of A Tale of Two Cities: “It was the best of times, it was the worst of times....” This text sets the stage for the action and commentary to follow in the narrative, as well as reminding the listener of his or her own place in time. Dickens compares the period of the French Revolution to “the present period,” a conceit which makes the work relevant not only to his time, but just as much to our own. The rest of the composition’s text is an edited version of the novel’s final chapter, titled “The Footsteps Die Out For Ever.” The music uses recurring motives to represent characters, themes, and ideas, and serves as background illustrating much of the action, including the tumbrils that carry the prisoners of the Revolution, the guillotine’s grim work, an intimate conversation between Sydney Carton and a seamstress, Carton’s recollection of Christ’s declaration “I am the resurrection and the life...”, Carton’s execution, and his prophetic last thoughts foreseeing the end of the Revolution and its evils. In those final words, Carton’s thoughts turn to the lives for which he is laying down his life, and end with the famous concluding words of the novel: “It is a far, far better thing that I do, than I have ever done; it is a far, far better rest that I go to than I have ever known.”
Abstract -- Instrumentation -- Program notes -- Performance notes and duration -- Motives -- Text -- The footsteps die out for ever -- Vit