Buffalo Law Review
Front Matter
Table of Contents
Buffalo Law Review
Title Page
Buffalo Law Review
Masthead
1961–1962 Board of Editors
Buffalo Law Review
Leading Articles
New York Troika: Conflicting Roles of the Grand Jury
J. Douglas Cook
The Court of Appeals Term
Administrative Law—Discriminatory Visa Requirement Not Bona Fide Occupational Requirement
Jerome D. Remson
Administrative Law—The Public Authority and Sovereign Immunity
Francis P. McGarry
Administrative Law—Insurance Regulation with Respect to Premium Rates for Credit Life Insurance Held Valid
Buffalo Law Review Board
Administrative Law—Power of Attorney General Under Martin Act Extends to Investigation of Investment Company Which Published Questionable Book
Eugene J. Smolka
Administrative Law—Conflict of Interest Statutes Strictly Applied to Acts of Public Officials
Buffalo Law Review Board
Administrative Law—Traffic Order to Be Filed with Department of State
Buffalo Law Review Board
Administrative Law—Education Law Interpreted as Including Subject Area Tenure Classification
Buffalo Law Review Board
Administrative Law—Article VII, Section 7 of State Constitution not to Be Given Retroactive Effect
Buffalo Law Review Board
Administrative Law—Reasonableness of Autopsy: Jury Question Where Circumstances Are Consistent with Accidental Death
Buffalo Law Review Board
Administrative Law—Police Commissioner’s Power to Impose Disciplinary Suspension Without Salary Not Limited by Code
Buffalo Law Review Board
Agency—Agent Liable for Unauthorized Representations Though Principal Not Liable by Virtue of Disclaimer Clause
Roger A. Olson
Arbitration—Arbitrator to Decide Extent of Damages
Joseph DeMarie
Arbitration—Stay of Proceedings Brought Before Federal Administrative Agency in Violation of Arbitration Agreement
Joseph DeMarie
Arbitration—Petitioner, by Participating in Arbitration Proceedings, Waives Right to Claim That Dispute Is Not Arbitrable
Joseph DeMarie
Arbitration—Arbitrable Issue Present as to Content and Meaning of General Release
Buffalo Law Review Board
Arbitration—Power of Arbitrator to Award Damages for Breach of Collective Bargaining Agreement
Buffalo Law Review Board
Civil Procedure—Due Process Requirement of Actual Notice to Commence Period of Limitation in Which to Demand A Jury Trial
Joseph S. Mogavero
Civil Procedure—Death on the High Seas Act Held to Confer Concurrent Jurisdiction
Buffalo Law Review Board
Conflicts of Law—Wrongful Death Action Not Governed by Limitation on Liability of Lex Loci Delecti
Paul W. Dolloff
Conflicts of Law—Public Policy Did Not Bar Application of Foreign Law in Contract Action
Buffalo Law Review Board
Conflicts of Law—Foreign Divorce Action Not Enjoined If Decree Not Entitled to Full Faith and Credit
Buffalo Law Review Board
Constitutional Law—Regent's Prayer Held Constitutional
Patricia A. Leary
Constitutional Law—A New Definition of Obscenity
Jerome D. Remson
Constitutional Law—Statute Proscribing Sale of Obscene Materials Requires Scienter
Buffalo Law Review Board
Contracts—Officer Not Personally Liable on Corporate Contract Notwithstanding Clause to the Contrary
Eugene J. Smolka
Contracts—Effect of Percentage Lease in Self-Renewing Contract
Francis P. McGarry
Contracts—“Previously Made” and “Unsettled” Claims Under Subcontract Bar Defense of Release
Buffalo Law Review Board
Corporations—Public Policy Test in Membership Corporation Charter Applications Overruled
Peter D. Cook
Corporations—"Continuing Wrong" Theory Adopted in Action for Inadequate Freight Rates
Donald G. McGrath
Corporations—Corporation Bound by Collective Bargaining Agreement of Its Predecessor Partnership
Donald P. Simet
Corporations—Election Not in Accord with Corporate By-Laws Held Void
Buffalo Law Review Board
Corporations—Statutory Revisions Incorporated by Reference in Charter
Buffalo Law Review Board
Creditors' Rights—Contractor Has No Property Right in Trust Funds Held for Subcontractor
Donald G. McGrath
Criminal Law—Creation of A Fictional Citizen's Arrest
Patricia A. Leary
Criminal Law—Single Occurrence Satisfies Common Gambling and Bookmaking Requirements
Eugene J. Smolka
Criminal Law—Conspiracy to Commit Murder, Established by Circumstantial Evidence, Must Be Proved to a Moral Certainty
Robert D. Stein
Criminal Law—Passive Party to Sodomy Guilty Only of Aiding and Abetting
Buffalo Law Review Board
Criminal Law—Miscellaneous Criminal Law Cases
Buffalo Law Review Board
Criminal Procedure—State Trends in Criminal Discovery
Francis P. McGarry
Criminal Procedure—Prospective Defendant Entitled to Immunity from Prosecution for Other Crimes Based on Evidence Given Under Subpoena
Paul W. Dolloff
Criminal Procedure—Time Off for Good Behavior Does Not Reduce Maximum Term on an Indeterminate Sentence
Robert D. Stein
Criminal Procedure—Power to Impose Indeterminate Sentence Dependent Upon Current Psychiatric Evaluation
Buffalo Law Review Board
Criminal Procedure—"Presumption of Concurrence" of Sentences Strictly Limited
Buffalo Law Review Board
Criminal Procedure—Right of Appeal as Poor Person Limited by Court’s Determination of Cause
Roger A. Olson
Criminal Procedure—Defendant's Conviction Reversed in Absence of Any Statute Authorizing Punishment for Offense Charged
Buffalo Law Review Board
Criminal Procedure—Habeas Corpus: To Challenge Transfer to New Place of Confinement
Buffalo Law Review Board
Criminal Procedure—Coram Nobis: More Cases
Buffalo Law Review Board
Decedents' Estates and Trusts—More Remote Descendants Excluded from a Disposition to “My Grandchildren Then Living"
Peter D. Cook
Decedents' Estates and Trusts—Trust Disposition, Not Ambiguous, Not Construed to Include After-Adopted Children
Timothy C. Leixner
Decedents' Estates and Trusts—Interest of Remainderman Predeceasing Life Tenant Vested Subject To Divestment
Donald G. McGrath
Decedents' Estates and Trusts—Fraudulent Destruction of Wills
Jerome D. Remson
Decedents' Estates and Trusts—Intervention in Probate Proceedings Allowed If Rights May Be Affected
Paul W. Dolloff
Decedents' Estates and Trusts—The Hidden Question of Law in Cy Pres
Buffalo Law Review Board
Decedents' Estates and Trusts—Uncashed Checks Received by Decedent Are Part of Testamentary Estate
Buffalo Law Review Board
Evidence—Wife’s Observance of Husband with Accomplices Not a Confidential Communication
Joseph DeMarie
Evidence—Prior Inconsistent Statements to Refresh Recollection and Impeach Credibility
Joseph S. Mogavero
Evidence—Conduct of Counsel Is Reversible Error
Louis H. Siegel
Evidence—Expert Need Not Testify as to the Reasons for His Opinion
Patricia A. Leary
Evidence—The Court’s Characterization of Defendant’s Exculpatory Statements as a Confession Not Prejudicial Error
Philip C. Burke
Evidence—Withdrawn Guilty Plea Not Admissible for Any Purpose in Criminal Proceedings
Timothy C. Leixner
Evidence—Evidence of Disability Benefits Is Not Admissible for Determining Damages
Buffalo Law Review Board
Evidence—Error to Introduce Questions Unanswered by Defendants
Buffalo Law Review Board
Evidence—Standard for Directed Verdict
Buffalo Law Review Board
Insurance—Foreign Life Insurer Licensed in State May Control Insurance Firms Engaged in Non-Life Business
Robert D. Stein
Labor Law—Courts Lack Jurisdiction Over Dispute "Arguably Subject" to NLRB Until NLRB Declines Jurisdiction
Timothy C. Leixner
Property—Power to Regulate Use of Property Adjacent to Superhighway Must Be Specifically Conferred
Timothy C. Leixner
Property—Decontrol Order Required for Emergency Rent
Peter D. Cook
Property—Year-Delay Clause in Legislation in Regard to Fixation of Maximum Rent Constitutional
Louis H. Siegel
Property—Former Owner of Realty Lacked Standing to Apply for Cancellation of Tax Sale
Buffalo Law Review Board
Property—Lease of Incompetent’s Real Property Must Not Be More Than Five Years from the Execution Date
Buffalo Law Review Board
Property—Intervivos Gift of Stock Requires Transfer Prior to Donor’s Death
Buffalo Law Review Board
Property—Miscellaneous Property Cases
Buffalo Law Review Board
Taxation—Incidental Non-Religious Use of Real Property Insufficient to Defeat Tax Exemption
Jerome D. Remson
Taxation—Tax Increase on Harness Tracks Upheld
Miles A. Lance
Taxation—Receipts from Services Affecting Interstate Commerce, but Local in Nature, Taxable
Buffalo Law Review Board
Torts—Impact Theory Overruled
Roger V. Barth
Torts—Attack on Manufacturer’s Product May Impugn His Integrity and Be Actionable Without Proof of Special Damages
Eugene J. Smolka
Torts—Blaster's Liability for Concussion Damages
Philip C. Burke
Torts—Suit by Unemancipated Infant Against Negligent Parent
Eugene J. Smolka
Torts—Parent's Indemnity Contract Void as Against Public Policy
Donald G. McGrath
Torts—Statute of Limitations on Negligence Claim Applicable
Donald P. Simet
Torts—Liberal Construction of Rule Enacted Under Labor Law Protects Construction Workers
Robert D. Stein
Torts—Active Negligence by Cross-Complainant Bars Indemnity Against Co-Defendant
Buffalo Law Review Board
Torts—Risky Conduct by Experienced Worker as Contributory Negligence
Buffalo Law Review Board
Torts—Subcontractor Fulfilling All Contractual Duties Not Liable for Negligent Injury of Pedestrian
Buffalo Law Review Board
Trademarks—Use of Similar Trademark, Not Calculated to Produce Confusion, Not Enjoinable
David R. Knoll
Workmen's Compensation—Unemployment Insurance Law Liberally Construed to Further Legislative Intent
Roger V. Barth
Zoning—Regulation of Unsafe Use Upheld
Roger V. Barth
Zoning—Declaratory Judgment on New Zoning Regulation May Be Had Prior to Application for Variance
Francis P. McGarry
Zoning—Interpretation of Zoning Ordinance Held Question for Zoning Board
Buffalo Law Review Board
The Court of Appeals, 1960 Term Opinion Tables
Buffalo Law Review
Book Review
Life, Death and the Law. Law and Christian Morals in England and the United States. By Norman St. John-Stevas.
Colin F. Miller
Indexes
Annual Index to Volume 11
Buffalo Law Review
Cumulative Index for Volumes 1-15
Buffalo Law Review
The Court of Appeals, 1960 Term: Table of Cases
Buffalo Law Review
