The Mere Evidence Rule: Need for Re-Evaluation

This article is limited to the mere evidence rule as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard\u27s United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal searches and seizures

Arbitration, Statute of Limitations, and Uninsured Motorist Endorsements

Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, as a condition precedent to recovery of damages

Registration-of-Land-Titles Act: The Ohio Torrens Law

The original registration of land titles act was adopted by the Ohio legislature in 1896.1 Commonly known as the Torrens Law 2 or the land registration law 2 in this and the other states where it has been promulgated, it comprises Chapters 5309 and 5310 of the Ohio Revised Code (ORC). These statutes are not to be confused with the general recording laws of the state which apply to the recording of instruments conveying, encumbering, or otherwise affecting title to real property. The basic difference between the two is that under the Torrens Law the title to land is registered, while under the latter, the evidence of such title (i.e., deed) or matters affecting it, are recorded

Judicial Notice of Modern Youths\u27 Propensity for Fighting

Fighting, which in olden times was admired as valor in youth, has become a crucial contemporary problem of international proportions-the courts have been loath to recognize this phenomenon and to depart from the comfortable refuge of stare decisis by giving redress to plaintiffs injured by the young rebels. Yet the constitutions of most, if not all, the jurisdictions of the United States ironically assure their inhabitants of a remedy for every injury

Arbitration, Statute of Limitations, and Uninsured Motorist Endorsements

Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, as a condition precedent to recovery of damages

The Sleeping Tort: Testamentary Libel

Good name in man and woman ..... .Is the immediate jewel of their souls; . . . he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed. A man\u27s last will and testament may be described as not only an express disposition of his earthly assets, but a valedictory to the living. This valedictory may in some instances irreparably blot the escutcheon of the living for a curious and hostile world to witness in perpetuity or, at least, until some unforeseen disaster destroys the probate records wherein it reposes. The laws of all but three of our states enable a decedent to indulge his spites, prejudices, frustrations, animosities, and/or malice to full bent beyond the grave in revenge and retaliation for real or imagined slights, and the defaming testator dies secure in the knowledge that the victims of his censure are seemingly powerless to redress the harm thus wrought. This article will examine the manner in which British Commonwealth and American courts have dealt with testamentary libel in the comparatively small number of reported cases where this issue has been placed before them

The Mere Evidence Rule: Need for Re-Evaluation

This article is limited to the mere evidence rule as enunciated in Gouled v. United States; a brief historical sketch of the genesis of the search warrant; the two landmark decisions leading to Gouled; and, an overview of its impact upon American law, with reference to major landmark decisions. A thorough study of the rule and its application and interpretation in the various courts of the United States is book-length in proportion, as the numerous case entries under Gouled in the several editions of Shepard\u27s United States Citations clearly illustrate. Wigmore provides a fairly comprehensive listing of decisions on illegal searches and seizures