Barns, Paul D.

English

University of Miami School of Law

University of Miami Law Review Volume 7 Number 2 Article 30 2-1-1953 CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION. By Arthur T. Vanderbilt. New York: Washington Square Publishing Corp., 1952. Paul D. Barns Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Paul D. Barns, CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION. By Arthur T. Vanderbilt. New York: Washington Square Publishing Corp., 1952., 7 U. Miami L. Rev. 289 (1953) Available at: https://repository.law.miami.edu/umlr/vol7/iss2/30 This Book Review is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact library@law.miami.edu. BOOK REVIEWStion of tort claims. I noted with particular interest his discussion ofHutchinson v. Ross (p. 167-9), wherein he finds the decision difficult tojustify and feels, as does this reviewer, that it is perhaps satisfactory iflimited to its precise facts, but that basically this problem is one that shouldbe governed by the law of the domicile of husband and wife at the time ofthe transfer.It would be pleasant to be able to assume that this volume will bewidely read. The detailed analysis is of very high quality, completely lucidand most valuable for expert, general practitioner and teacher. It is de-serving of most careful study by all those who work in the field of estateproblems involving any type of marital or familial unit. As the author'ssurvey of laws of this country would indicate, the categories in which aFlorida attorney must be interested are so numerous that any recommenda-tion for the use of this volume becomes even more imperative for anyattorney in this jurisdiction. The increasing frequency of the conflict oflaws type litigation and the expansion and popularity of this course inthe law schools should help to secure for this volume the popularity whichit deserves.DAVID S. STERN ASSOCIATE PROFESSOR OF LAWUNIVERSITY OF MIAMIxCASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRA-TION. By Arthur T. Vanderbilt. New York: Washington SquarePublishing Corp., 1952. Pp. xx, 1390. $8.50.This new casebook by Chief justice Vanderbilt gives excellent coverageto "procedure" as well as "judicial administration."The cases on procedure for the first time cover the decisions tinderthe Federal Rules of Civil and Criminal Procedure. This commendableendeavor has been long awaited particularly since both sets of rules followa common pattern. With rare exception the selected cases are decisionsconstruing and applying the new 86 Federal Rules relating to civil procedureand the 60 Federal Rules relating to criminal procedure-which rules theauthor terms "the most effective and at the same time the simplest systemof procedure thus far developed in our law."The author deals only in a limited way with historical features, themost conspicuous being excerpts from Langdell's A Summary of EquityPleading and Maitland's The Forms of Action at Common Law, and alsoan address to the American Bar Association in 1906 entitled "The Causesof Popular Dissatisfaction with the Administration of Justice," concerningwhich the author states that: "If I had my way I would make it prescribedreading once a year for every judge, practicing lawyer, and law professorand law student. . ....MIAMI LAW QUARTERLYThe case material on the rules is abundant and divergent and as statedin the preface relates to: (1) in what court may suit be brought-juris-diction; (2) who may sue whom-parties; (3) where may suit be brought-venue and transfer of cases; (4) how to get the defendant or his propertyinto court-process; (5) what relief is sought-remedies; (6) how to statethe controversy-the pleadings; (7) how to prepare for trial-pretrial pro-cedures; (8) how to litigate the controversy-the trial; (9) how to correcttrial -errors-judicial review; and (10) how to enforce a judgment-execution. The cases are well edited and shortened for classroom purposesand supplemented with copious footnote references to law review articles,Rules Committee Notes and citations to other decisions and quotationsfrom the United States Code and the United States Constitution.In short the casebook might be said to be an excellent up-to-datecasebook containing current decisions on the current rules without muchseasoning of historical aspect and with many maps showing what is to bedone in the various states in order that they might conform to the FederalRules or their standards.PAUL D. BARNS PROFESSOR OF LAWUNIVERSITY OF MIAMI

CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION. By Arthur T. Vanderbilt. New York: Washington Square Publishing Corp., 1952.

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CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION. By Arthur T. Vanderbilt. New York: Washington Square Publishing Corp., 1952.

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