Digital Commons Network^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Agency--Liability of Master for Servant's Acts--State Permit to Operate

Agency--Possession as Indicia of Ownership

Constitutional Law--Aliens--Detention Where Deportations is Impossible

Courts--Contempt--Delay in Summary Punishment

Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement

Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart

Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price

Income Taxation--Taxable Income--Claim of Right

Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report

Procedure--Statute of Limitations--Retroactive Operation

Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment

Wills--Contest--Interest of Legatee's Representative

Can The Courts Erase The Color Line?, John P. Frank

Buffalo Law Review

No abstract provided.

Constitutional Law--Privacy--Right Of Individual On Public Conveyances, G. D. H. S.

West Virginia Law Review

No abstract provided.

Paths To Constitutional Home Rule For Municipalities, Wallace Mendelson

Vanderbilt Law Review

A basic American tradition is that problems which are national in scope (i.e., which "affect more states than one") shall be handled by the national government, while problems of merely state-wide concern are left for state government. Municipal home rule is the application of this basic principal in the relationship of the state to its towns and cities. To put the matter in the most simple and direct terms--nothing should be done at the national level that can be done efficiently by the states and nothing should be handled at the state level that can be dealt with effectively by …

Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.

Michigan Law Review

While the full faith and credit clause of the Constitution makes no apparent distinction between judgments and public acts, it is clear that statutes have not been afforded the same degree of full faith and credit as judgments. Whether or not a statute will receive full faith and credit has been questionable in most cases, and serious problems of prediction still arise.

Hirschman V. County Of Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

County civil service employees were not entitled to a declaration that a county oath requirement was invalid because the field of loyalty oath requirements for all county employees was not preempted by statute until adoption of the Levering Act.

Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.

Bisno V. Leonard [Dissent], Jesse W. Carter

Jesse Carter Opinions

No abstract provided.

Hanchett V. Lehman [Dissent], Jesse W. Carter

Jesse Carter Opinions

Denial of writ of mandate to compel a county to reinstate permanent civil service employees in their jobs after they were discharged for refusing to sign an oath and affidavit, stating which political organizations that they belonged to was proper.

Horowitz V. Conlan [Dissent], Jesse W. Carter

Jesse Carter Opinions

No abstract provided.

Bowen V. County Of Los Angeles [Dissent], Jesse W. Carter

Jesse Carter Opinions

A former county civil service employee was not entitled to a writ of mandamus to compel the county to reinstate her employment because she refused to execute the loyalty oath that was required of county employees.

Fraser V. Regents Of University Of California [Dissent], Jesse W. Carter

Jesse Carter Opinions

A former university instructor was not entitled to a writ of mandamus to compel the Regents of the University of California to reinstate him because he refused to take an oath of loyalty that was required of teachers as a condition of employment.

Tolman V. Underhill [Dissent], Jesse W. Carter

Jesse Carter Opinions

In California, university personnel could not have properly been required to execute any other oath or declaration relating to loyalty than that prescribed for all state employees.

Pockman V. Leonard [Dissent], Jesse W. Carter

Jesse Carter Opinions

College had to pay part, but not all, of professor's salary, which was withheld after he failed to execute oath, because the oath did not violate California's Constitution, but 30 day grace period applied to law, for which he was entitled to payment.

"Constitutional" Limitations On Amendments In Indiana

Indiana Law Journal

No abstract provided.

Constitutional Law—Freedom Of Religion—Chest X-Ray As A Condition Of Admission To State University, Gordon F. Crandall

Washington Law Review

The Board of Regents of the University of Washington required that each student submit to a chest X-Ray examination for the purpose of disclosing tubercular infection. P, a Christian Scientist, sought to register for her senior year, and when she refused to submit to the examination she was denied admission. She then petitioned to the Regents for an exemption on the ground that to submit would violate her religious convictions. The petition was denied, and P now seeks a writ of mandamus to compel the Regents to admit her without requiring the X-Ray examination, contending, inter alia, that the requirement …

Ohio Valley Panorama, Albert S. Abel

West Virginia Law Review

The past and present applications of the Compact Clause of the United States Constitution have been explored elsewhere so clearly and amply that their further investigation would be unrewarding. The stated ground of decision in West Virginia ex rel. Dyer v. Sims opens up for the interstate compact a promising future as a device for co-operative government. A contrary decision would have seriously, indeed almost fatally, weakened the clause. Adoption of proposed alternative reasons could have made its strength a matter of more menace than promise. The former conclusion is fairly obvious, the latter perhaps less so. The task of …

Damages--Duty To Pay Interest On Funds Withheld Under An Unconstitutional Statute, J. N. C.

West Virginia Law Review

No abstract provided.

Taxation Of Interstate Commerce, L. A. S.

West Virginia Law Review

No abstract provided.

The Role Of The Privy Council In Judicial Review Of The Canadian Constitution--A Post-Script, Edward Mcwhinney

Vanderbilt Law Review

In its Preamble, the Constitution of Canada speaks of the desire of the Provinces of Canada to be "federally united into one Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom." Historically, then, the Constitution of Canada like the Constitution of the United States, stems from a compact between a number of different territorial units: the Provinces of Lower Canada (Quebec), Upper Canada (Ontario), and the two eastern maritime Provinces of Nova Scotia and New Brtnswick, joined together in 1867 to form the new …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582

Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited

Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power

Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order

Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent

Damages--Injury to Child--Expenses of Parent in Attending Child

Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action

Domestic Relations--Legitimation Statute--Interpretation and Effect

Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …

The Unhappy History Of Civil Rights Legislation, Eugene Gressman

Michigan Law Review

The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.

Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.

Michigan Law Review

It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …

Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.

Michigan Law Review

Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …

Constitutional Law—Admission Of Evidence Obtained By Use Of Stomach Pump Violative Of Due Process, Joseph A. Taddeo

Buffalo Law Review

Rochin v. People of California, 72 S. Ct. 205 (1952).

Group Libel And Criminal Libel, Alvin M. Glick

Buffalo Law Review

No abstract provided.

Constitutional Law—Due Process—Right To Counsel, Richard M. English

Buffalo Law Review

Palmer v. Ashe, Warden, 342 U. S. 134 (1951).

Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo

Buffalo Law Review

Caltex (Phillipines) Inc. v. United States, 100 Fed. Supp. 970 (Ct. Cl. 1951).

Equal Protection Of Law—Racial Restrictive Covenants—Damages For Breach Allowed, Maynard C. Schaus Jr.

Buffalo Law Review

Correll v. Earley, __ Okl. __, 237 P. 2d 1017 (1951).

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

==============================

CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

==============================

EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

==============================

EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

==============================

EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

==============================

EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

==============================

EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

===============================

EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

=============================== …