Skip to main content

Buffalo Law Review

Front Matter

Title Page
Buffalo Law Review

Table of Contents
Buffalo Law Review

1962–1963 Board of Editors
Buffalo Law Review

Memorial

Memorial Tribute to Daniel Howard Distler (1925-1962)
Jack B. Weinstein, Waldron S. Hayes Jr., and Jacob D. Hyman

Leading Articles

The Need for a Court of Tax Appeals: An Argument and a Study
Louis A. Del Cotto

The Arthur Garfield Hays Civil Liberties Conference: Public Aid to Parochial Schools and Standing to Bring Suit
Norman Dorsen

The Court of Appeals Term

Administrative Law—Contractors Not Permanently Disqualified by School Board Resolution
Timothy C. Leixner

Administrative Law—Mode of Selection to the Board of Education Held to Be Within the Power And Discretion Of The Legislature
Barry D. Knox

Administrative Law—Permanent State Board Of Equalization And Assessment Held Properly Constituted
Rosario J. Dilorenzo

Administrative Law—Teacher Tenure—Waiver
William A. Carnahan

Arbitration—Appointees on Tripartite Arbitration Board Allowed to Be Partial to the Views of Parties Who Select Them
Louis H. Siegel

Arbitration—Questions, Whether Grievance Atually Concerned Rehiring or Discharge, Whether Delay in Seeking Order to Arbitrate Amounted to Abandonment of Claim, Are for Arbitrator
Timothy C. Leixner

Civil Procedure—Reversal By Appellate Division And Granting Of New Trial Held Not to Be Interlocutory Under Section 590 of the Civil Practice Act
John P. Dee

Civil Procedure—Rules Of Civil Practice—Automatic Dismissal Of Action Marked Off Calendar and Not Restored Within One Year, Ineffective Where Litigation Was Actually In Progress
John O. Delamater

Civil Procedure—Summary Judgment Granted Where Issues, Although Formal, Were Not Substantial And Fairly Arguable
John O. Delamater

Conflicts Of Laws—Tax Liability of a Foreign Jurisdiction Not Reduced to a Judgment Unenforceable
Robert W. Stephens

Constitutional Law—Black Muslim Attempt to Gain Recognition Within the Prisons
Buffalo Law Review Board

Constitutional Law—Emergency Rent Control Law Amendment of 1962 Upheld as No Denial Of Due Process Or Equal Protection
Bernard B. Freedman

Constitutional Law—Motorist Denied Right To Counsel Prior To Sobriety Test
David R. Knoll

Contracts—Bailee Liable For Failure To Recover Goods Attached By Erroneous Process
Marion A. Kobes

Contracts—Consistent Oral Condition Precedent To Written Merger Agreement Unaffected By Parol Evidence Rule
David R. Knoll

Contracts—Privity No Longer Required in Express Warranty Action
Gerald S. Lippes

Contracts—Purchase Option Clause Noncontinuance In Lease Extension Agreements
Gerald S. Lippes

Contracts—Warranties Of Manufacturer Concerning Design And Construction of Generating Units Declared Not Prospective in Nature
R. B. S.

Criminal Law And Procedure—Application of the Exclusionary Rule to New York Trials Before Mapp v. Ohio
Roger V. Barth

Criminal Law And Procedure—Arranging For Adoption And Placement Of Foreign Orphans Not Violative Of The Law Prohibiting The Placing Out Of Children For Compensation
Walter W. Miller Jr.

Criminal Law And Procedure—Confession During Period Of Illegal Detention Admissible If Voluntary
Walter J. Licata

Criminal Law And Procedure—Confessions Obtained By Confrontation With Illegally Seized Evidence Initiation Of Criminal Proceedings Without Benefit Of Or After Counsel Are Inadmissible
Timothy C. Leixner

Criminal Law And Procedure—Contempt Proceedings Immediately Following Notice Held Sufficient When Conduct in Grand Jury Room Is Obviously Contemptous
Albert Dolata

Criminal Law And Procedure—Coram Nobis Allowed Upon Allegation That Acceptance of Guilty Plea Violative Of Due Process
Walter J. Licata

Criminal Law And Procedure—Evidence Obtained by Means of Wiretap Admissible in State Criminal Proceeding
William A. Carnahan

Criminal Law And Procedure—Evidence Of Contemporary Community Obscenity Prosecution Standards Irrelevant in Obscenity Prosecution
Walter J. Licata

Criminal Law And Procedure—Extremely Long And Unreasonable Delay In Sentencing Convicted Criminal Divests Court Of Jurisdiction
James P. Manak

Criminal Law And Procedure—Manslaughter The Same In New York And North Carolina For Purpose Of Habitual Criminal Statute
Buffalo Law Review Board

Criminal Law And Procedure—Opinion Of Defendant’s Sanity Based On Direct Observation Should Have Been Allowed Although Preceded By Hypothetical Question
Louis H. Siegel

Criminal Law And Procedure—Reading of Inflammatory Articles by Jurors Held Not Enough to Warrant Mistrial
Rosario J. Dilorenzo

Criminal Law And Procedure—Third Degree Assault Not Excused by Reasonable Mistake of Fact
David R. Knoll

Decedents' Estates And Trusts—"Attempted Testamentary Trust" Interpreted As Absolute Gift To "Trustee"
William A. Carnahan

Decedents' Estates And Trusts—Confidential Relationship Itself Insufficient to Impose a Constructive Trust Upon A Testamentary Disposition
Barry D. Knox

Decedents' Estates And Trusts—Constructive Trust Imposed Upon a Testamentary Disposition Where a Sufficient Agreement Is Found in the Will
Barry D. Knox

Decedents' Estates And Trusts—Residence Of Foreign Automobile Indemnity Carrier Deemed to Be County Where Policy Was Issued For Purposes Of Conferring Jurisdiction Upon Surrogate’s Court
James P. Manak

Education Law—Bayer Aspirin Tablets Held to Be a Proprierary Medicine Within the Exception To The New York Education Law
Bernard B. Freedman

Education Law—Revocation of Physician’s License for Deceit in Reports to Third Parties
Robert W. Stephens

Evidence—Documentary Evidence Under Rule 113(4) of the Rules of Civil Practice Defined
Albert Dolata

Family Law—Custody of Child—Natural Parent vs. Foster Parents
Buffalo Law Review Board

Family Law—Non-Disclosed Psychiatric And Psychological Reports In Custody Cases Held Improperly Considered
Albert Dolata

Insurance—Jury Trial Waived by Life Insurance Beneficiary through Dilatory Tactics
Richard S. Mayberry

Labor Law—Dissolution Of Federally Authorized Welfare Fund By State Superintendent Of Insurance Upheld
Richard S. Mayberry

Negotiable Instruments—Restricted Application Of Doctrine Of Forgotten Notice
Richard S. Mayberry

Personal And Real Property—Local Real Estate Lien Treated as Expense of Foreclosure Sale Defeating Prior Federal Lien
Robert W. Stephens

Personal And Real Property—Notice By Publication—Posting Sufficient In Condemnation Proceeding
Marion A. Kobes

Personal And Real Property—Power Of Eminent Domain Exercised For The Taking Of Non-Slum Land For Private Redevelopment
James P. Manak

Personal And Real Property—Use of Lis Pendens in an Action to Enjoin a Nuisance
Gerald S. Lippes

Taxation—Apportionment of Estate Taxes Among Individual And Charitable Legatees
Walter W. Miller Jr.

Torts—Contractor Held Actively Negligent As A Matter Of Law And Not Entitled To Indemnification From Sub-Contractor
Rosario J. Dilorenzo

Torts—Exemplary Damages Awarded in Fraud and Deceit Action
James P. Manak

Torts—Gratuitous Medical Aid Not Compensable as Tort Damages
Marion A. Kobes

Torts—Gymnasium’s Contractual Disclaimer of Liability for Negligence Given Effect
John O. Delamater

Zoning—Refusal of Special Zoning Exception Where Similar Exceptions Were Granted Was Not Arbitrary
Walter W. Miller Jr.

Other Decisions of the Court of Appeals 1961 Term
Buffalo Law Review

Table of Opinions
Buffalo Law Review

Book Reviews

Flags Of Convenience. By Boleslaw Adam Boczek.
Ben Vinar

Green Belts and Urban Growth: English Town and Country Planning In Action. By Daniel R. Mandelker.
G. Graham Waite

Common Market Law, Texts And Commentaries. By Alan Campbell and Dennis Thompson.
Neil R. Farmelo

Indexes

Annual Index to Volume 12
Buffalo Law Review

Cumulative Index for Volumes 1-15
Buffalo Law Review

Court of Appeals, 1961 Term, The: Table of Cases Noted
Buffalo Law Review