Happy 1st Birthday!

The Case Law Compendium: US Law

Birthday Cake

Today marks exactly one year to the day that I first started writing the ‘voluminous’ Case Law Compendium: U.S. Law, and its pretty incredible to think that so much time has already passed, particularly given that I’m not even midway through the book  yet!

Anyway, needless to say my hard work continues on undaunted, and I’m hoping to share the first half of the criminal law section here in the next couple of weeks, so watch this space if you’re interested to learn more…

Electronic Signatures Neil

 

The civil procedure section is now finished!

US Case Law Compendium: U.S. Law

United States
‘United States Flags Map’ by Inspirowl Design

April 18 2018

Having recently completed this preliminary chapter of the book, I have provided a list of the cases covered in the Civil Procedure section for those that might be mildly curious. I would also add that it’s been a genuine pleasure reading and analysing these cases, all of which have helped educate me as to the intricate nature of State and federal legalities, and I can only hope the readers will take as much pleasure in their reading, as I have in their writing.

Civil Procedure

1. Adam v. Saenger

2. Aldinger v. Howard

3. Asahi Metal Industry Co. Ltd. v. Superior Court of California

4. Ashcroft v. Iqbal

5. Baldwin v. Iowa State Traveling Men’s Ass’n

6. Bell Atlantic Corp. v. Twombly

7. Bernhard v. Bank of America Nat. Trust & Savings Ass’n

8. Bernhardt v. Polygraphic Co. of America

9. Blonder-Tongue Laboratories Inc. v. University of Illinois Foundation

10. Burger King Corp. v. Rudzewicz

11. Burnham v. Superior Court of California, County of Marin

12. Byrd v. Blue Ridge Rural Electric Co-op. Inc.

13. Carnival Cruise Lines Inc. v. Shute

14. Celotex Corp. v. Catrett

15. Chicot County Drainage District v. Baxter State Bank

16. Clearfield Trust Co. v. U.S.

17. Cohen v. Beneficial Industrial Loan Corp.

18. Colgrove v. Battin

19. Conley v. Gibson

20. Connecticut v. Doehr

21. D.H. Overmeyer Co. Inc. of Ohio v. Frick Co.

22. Davis v. Farmers Co-op. Equity Co.

23. Durfee v. Duke

24. Erie. R. Co. v. Tompkins

25. Fuentes v. Shevin

26. Gasperini v. Center for Humanities Inc.

27. Gillespie v. United States Steel Corp.

28. Grable and Sons Metal Products Inc. v. Darue Engineering & Mfg.

29. Guaranty Trust Co. of N.Y. v. York

30. Gulf Oil Corp. v. Gilbert

31. Hanna v. Plumer

32. Hanson v. Denckla

33. Harris v. Balk

34. Henry L. Doherty and Co. v. Goodman

35. Hess v. Pawlowski

36. Hickman v. Taylor

37. Hilton v. Guyot

38. Hinderlider v. La Plata River & Cherry Creek Ditch Co.

39. Hurn v. Oursler

40. International Shoe Co. v. State of Washington

41. J. McIntyre Machinery Ltd. v. Nicastro

42. Kalb v. Feuerstein

43. Klaxon Co. v. Stentor Electric Manufacturing Co.

44. Kulko v. Superior Court of California

45. Livingston v. Jefferson

46. Louisville and Nashville Railroad Co. v. Mottley

47. McGee v. International Life Insurance Co.

48. Merrell Dow Pharmaceuticals Inc. v. Thompson

49. Mitchell v. W.T. Grant Co.

50. Moore v. New York Cotton Exchange

51. M/S Bremen v. Zapata Off-Shore Co.

52. Mullane v. Central Hanover Bank & Trust Co.

53. National Equipment Rental Limited v. Szukhent

54. North Georgia Finishing Inc. v. Di-Chem Inc.

55. Oregon ex rel. State Land Board v. Corvallis Sand & Gravel Co.

56. Owen Equipment & Erection Co. v. Kroger

57. Parklane Hosiery Co. Inc. v. Shore

58. Pennoyer v. Neff

59. Perkins v. Benguet Consolidated Mining Co.

60. Phillips Petroleum Co. v. Shutts

61. Piper Aircraft Co. v. Reyno

62. Ragan v. Merchants Transfer & Warehouse Co.

63. Shady Grove Orthopedic Associates v. Allstate Insurance Co.

64. Shaffer v. Heitner

65. Shoshone Mining Co. v. Rutter

66. Sibbach v. Wilson & Co.

67. Smith v. Kansas City Title & Trust Co.

68. Sniadach v. Family Finance Corp. of Bay View

69. Swift v. Tyson

70. United Mine Workers of America v. Gibbs

71. Woods v. Interstate Realty Co.

72. World-Wide Volkswagen Corp. v. Woodson

73. Zippo Manufacturing Co. v. Zippo Dot Com Inc.

The Case Law Compendium: U.S. Law

Books

The Case Law Compendium: U.S. Law
‘Watercolour USA’ by Unknown Artist

26 November 2017

Today marks the commencement of my writing ‘The Case Law Compendium: U.S. Law’, the second instalment of ‘The Black Letter’ series of books, and my excitement is quietly simmering away as I begin preparing for the months ahead.

This compendium covers the principle law modules offered within leading U.S. universities and Law Schools at Juris Doctor level, and will therefore include civil procedure, constitutional law, contract law, criminal law, property law and tort law. While I appreciate there has been a shift towards comparative and international law, particularly within educational institutions such as Harvard University, when similarly examining both Stanford and Yale, there appears an inclination to adhere to the core fields as shown above, hence I have decided to remain true to that ethos for simplicity’s sake.

While consciously adopting a linear approach, I aim to include around 385 case studies – well over twice the number found in ‘The Case Law Compendium: English & European Law’, and although there is perhaps obvious reason for this, particularly given the size and legal structure of American jurisdiction, I feel the end result will provide law students with more than sufficient insight into the mechanics of notable U.S. case law.

On a personal note, I am very much looking forward to this journey, and estimate that the book should be finished and available for purchase around early spring of 2019, adding that I will consciously try to publish new case studies to this website where time permits.

In closing, I would like to say a heartfelt ‘thank you’ to those of you who purchased my first book (or plan to soon) and I sincerely hope that my efforts have been of valued assistance when working towards your chosen vocations.

Faithfully

Electronic Signatures Neil

Brokaw v. Fairchild

US Property Law

Brokaw v Fairchild
Image: ‘Lower Fifth Avenue’ by Frederick Childe Hassam

Life tenancy and title to a freehold estate are two distinct modes of occupation, however the latter is absolute in its effects, while the former includes limitations and covenants where directed by the transferor. On this occasion, a sizeable dwelling in an enviable part of New York was subject to possible demolition plans when the relatives of the new owner challenged it within the courts.

In 1886, the deceased had purchased land in Manhattan for the purposes of building his own private residence. Having designed the home to his own specifications, the property was bequeathed to one of his sons in a will drafted in 1907, which read:

“By the Fourth clause of my Last Will and Testament, dated and executed on the 20th day of April, 1907, upon the death or remarriage of my wife I gave and devised my residence, situated at the northeasterly corner of 79th Street and Fifth Avenue, in the City of New York, to my son, George Tuttle Brokaw…”

However the deceased then further explained that:

“I now hereby modify that provision of my Will and after the death or remarriage of my wife I give and devise my said residence to my son George Tuttle Brokaw for and during the term of his natural life…”

Which in effect reduced the powers granted to the now claimant, to those answerable to the principles of life tenancy as prescribed by state law. Here, it was held that any alteration of a property resided in under inheritance as a life tenant, must be proven as non-injurious to the value and aesthetic appearance of the property when passed to those due under the terms of the original testator.

The issue in hand was one where the claimant had proposed the demolition and rebuilding of the home so as to enjoy increased revenue from the leasing of multiple apartments over that of a single, albeit ornately furnished home. In fierce objection, a number of siblings sought reference to the terms contained within their own terms of inheritance, which while providing clear stipulations as to individual use, were not applicable to the terms in which the claimant had acquired use of this particular home.

Therefore by use of existing precedent, the New York Supreme Court drew attention to Winship v. Pitts, in which Chancellor Walworth remarked:

“I have no hesitation in saying, that by the law of this state, as now understood, it is not waste for the tenant to erect a new edifice upon the demised premises; provided it can be done without destroying or materially injuring the buildings or other improvements already existing thereon. I admit he has no right to pull down valuable buildings, or to make improvements or alterations which will materially and permanently change the nature of the property, so as to render it impossible for him to restore the same premises, substantially, at the expiration of the term.”

And Kidd v. Dennison, in which the court held that:

“[I]f the tenant materially changes the nature and character of the buildings, it is waste, although the value of the property should be enhanced by the alteration. The tenant has no authority to assume the right of judging what may be an improvement to the inheritance. He must confine himself to the conditions of his lease.”

So with an appreciation of not only the financial opportunities but the limitations of the tenancy and wishes of the testator, the Court held that under no circumstances did the claimant have any express rights to enjoy the benefits of his inheritance beyond those powers conferred, and that to do otherwise was abjectly unlawful and subject to obvious penalty.

Wheeldon v Burrows

English Property Law

Wheeldon v Burrows
Image: ‘Borders’ by Charles Anderson

To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ from leading booksellers around the world.

Where can I buy it?

The book is available now through most Amazon sites thanks to the brilliance of Print on Demand (POD) technology and it is also printed through Ingram Spark (aka Lightning Source), who, through their worldwide  partnership agreements, supply ‘The Case Law Compendium’ to almost 40,000 retailers, libraries, schools and universities while providing worldwide shipping as standard.

America

Amazon.com, Barnes & Noble

Australia & New Zealand

Booktopia

Britain

 Amazon,   BlackwellWaterstones

Canada

AmazonChapters Indigo

France

Amazon

Germany

Amazon

India

Amazon

Italy

Amazon

Japan

Amazon

Latin America

Amazon Brazil

Amazon Mexico

Spain

Amazon

I cannot emphasise enough just how invaluable this book will become to you as your law course progresses, and you’ll be surprised at just how fast you learn the cases and how your confidence grows when discussing their finer points. I am supremely confident that you will also find yourself returning to the book when studying both for insight and refreshment of knowledge, and I quietly hope you will be equally excited whenever you turn to this unprecedented resource.

Please remember that it was you the worldwide readers, that inspired this book, so you owe it to yourselves to buy it (and use the hell out of it) and to tell your peers and friends everywhere, so that they too can work towards becoming an ‘A‘ student in English law.

– Remember that with ‘The Case Law Compendium’ you can do it.

Electronic Signatures Neil

Moncrieff v Jamieson

English Property Law

Moncrieff v Jamieson
Image: ‘Muckle Flugga Lighthouse, Shetland’ by Eric Burgess-Ray

To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ from leading booksellers around the world.

Where can I buy it?

The book is available now through most Amazon sites thanks to the brilliance of Print on Demand (POD) technology and it is also printed through Ingram Spark (aka Lightning Source), who, through their worldwide  partnership agreements, supply ‘The Case Law Compendium’ to almost 40,000 retailers, libraries, schools and universities while providing worldwide shipping as standard.

America

Amazon.com, Barnes & Noble

Australia & New Zealand

Booktopia

Britain

 Amazon,   BlackwellWaterstones

Canada

AmazonChapters Indigo

France

Amazon

Germany

Amazon

India

Amazon

Italy

Amazon

Japan

Amazon

Latin America

Amazon Brazil

Amazon Mexico

Spain

Amazon

I cannot emphasise enough just how invaluable this book will become to you as your law course progresses, and you’ll be surprised at just how fast you learn the cases and how your confidence grows when discussing their finer points. I am supremely confident that you will also find yourself returning to the book when studying both for insight and refreshment of knowledge, and I quietly hope you will be equally excited whenever you turn to this unprecedented resource.

Please remember that it was you the worldwide readers, that inspired this book, so you owe it to yourselves to buy it (and use the hell out of it) and to tell your peers and friends everywhere, so that they too can work towards becoming an ‘A‘ student in English law.

– Remember that with ‘The Case Law Compendium’ you can do it.

Electronic Signatures Neil

Edwards v Lloyds TSB Bank Plc

English Property Law

Edwards v Lloyds TSB Bank Plc
Image: ‘A Country House’ by Nicole Gardner

To read about this case in greater depth, and with the benefit of full OSCOLA referencing, simply purchase a copy of ‘The Case Law Compendium: English & European Law’ from leading booksellers around the world.

Where can I buy it?

The book is available now through most Amazon sites thanks to the brilliance of Print on Demand (POD) technology and it is also printed through Ingram Spark (aka Lightning Source), who, through their worldwide  partnership agreements, supply ‘The Case Law Compendium’ to almost 40,000 retailers, libraries, schools and universities while providing worldwide shipping as standard.

America

Amazon.com, Barnes & Noble

Australia & New Zealand

Booktopia

Britain

 Amazon,   BlackwellWaterstones

Canada

AmazonChapters Indigo

France

Amazon

Germany

Amazon

India

Amazon

Italy

Amazon

Japan

Amazon

Latin America

Amazon Brazil

Amazon Mexico

Spain

Amazon

I cannot emphasise enough just how invaluable this book will become to you as your law course progresses, and you’ll be surprised at just how fast you learn the cases and how your confidence grows when discussing their finer points. I am supremely confident that you will also find yourself returning to the book when studying both for insight and refreshment of knowledge, and I quietly hope you will be equally excited whenever you turn to this unprecedented resource.

Please remember that it was you the worldwide readers, that inspired this book, so you owe it to yourselves to buy it (and use the hell out of it) and to tell your peers and friends everywhere, so that they too can work towards becoming an ‘A‘ student in English law.

– Remember that with ‘The Case Law Compendium’ you can do it.

Electronic Signatures Neil