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Articles 1 - 30 of 61
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Meaning And Structure Of Law In Islam, Salah-Eldin Abdel-Wahab
Meaning And Structure Of Law In Islam, Salah-Eldin Abdel-Wahab
Vanderbilt Law Review
There are many other reasons to believe that consideration of Islamic jurisprudence should prove amply rewarding in the comparative study of law. A legal system which still underlies the legal life and social conduct of some 400 million people (one sixth of the world population) cannot be ignored. The original solutions which it provides for problems of high complexity and its very advanced normative structure which consists entirely of works by jurists, not of government codes and statutes, are worthy of consideration.
Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode
Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode
Vanderbilt Law Review
Life insurance policies usually combine pure insurance and saving features. This fact is recognized by the industry and by those who draw up national economic accounts but is not fully reflected in the income tax. None of the return on saving through life insurance is taxed to a policyholder prior to the maturity, redemption, or surrender of a policy. Part of the return, but apparently only a small fraction of the total, is taxed when policies mature for reasons other than the death of the insured or are redeemed or surrendered. Inasmuch as most forms of investment income are taxable, …
Recent Case Comments, Law Review Staff
Recent Case Comments, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Full Faith and Credit--Prior Conflicting Divorce Decrees
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Conflict of Laws--Tax Claims of One State Held Not Enforceable in Another State
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Constitutional Law--Discrimination--Statute Prohibiting Racial Discrimination in Renting of Private Apartment Houses Does Not Violate Due Process
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Constitutional Law--Establishment of Religion--Recitation of State Composed Prayer in Public Schools Held Unconstitutional
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Criminal Law--Narcotics-Criminal Prosecution for Addiction Is a Cruel and Unusual Punishment Violating Eighth and Fourteenth Amendments
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Damages--Collateral Source Rule--Value of Medical Services Plaintiff Received as a Gratuity Not Allowed as Special Damages
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Due Process--Taxation of Insurance Premiums Paid to Foreign Insurers on Property …
Culture Patterns And Judicial Systems, Stuart S. Nagel
Culture Patterns And Judicial Systems, Stuart S. Nagel
Vanderbilt Law Review
Comparative law, like comparative government in general,' has largely confined itself to unintegrated descriptions of European legal principles. Not only has comparative law traditionally been limited in its subject matter, but it also has rarely, if ever, made use of statistical techniques in accounting for the differences observed. It is the purpose of this paper to analyze statistically the relations between industrialism, democracy, and collectivism on the one hand and the judicial process on the other in ten different societies.
The Western Hemisphere Trade Corporation:A Functional Perspective, Leo J. Raskind
The Western Hemisphere Trade Corporation:A Functional Perspective, Leo J. Raskind
Vanderbilt Law Review
Among the statutory forms available for the conduct of foreign operations the Western Hemisphere Trade Corporation, traditionally the Cinderella of the Internal Revenue Code, has been reoriented by the new provisions of the Revenue Act of 1962. Unlike its story-book counterpart, however, the Western Hemisphere Trade Corporation does not emerge in a state of new magnificence. The new act,by curtailing, but not eliminating, the deferral of taxation on earnings retained abroad by United States controlled foreign subsidiaries, has initiated a process of review and of reorganization of the tax planning of foreign operations. Since the new statutory provisions affect existing …
Priority Paradoxes In Patent Law, Richard H. Stern
Priority Paradoxes In Patent Law, Richard H. Stern
Vanderbilt Law Review
The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …
The Bank-Depositor Relationship--A Comparison Of The Present Tennessee Law And The Uniform Commercial Code, John A. Spanogle Jr.
The Bank-Depositor Relationship--A Comparison Of The Present Tennessee Law And The Uniform Commercial Code, John A. Spanogle Jr.
Vanderbilt Law Review
The author examines the relationship of the bank and its deposit or under existing Tennessee law and then points out changes and modifications which would arise under the Uniform Commercial Code. Professor Spanogle notes that many of the problems discussed are not governed by statute in Tennessee and that the case law is unclear in certain areas. This is one of his reasons for recommending the adoption of the Uniform Commercial Code by the Tennessee legislature.
Book Note, Law Review Staff
Book Note, Law Review Staff
Vanderbilt Law Review
Donald K. Carroll, Judge of the District Court of Appeal, First District of Florida, has presented in this book a treasure house of materials useful to every judge. Included in it are writings from a multitude of sources, published both in this country and Europe. The book's primary purpose is to provide an anthology of inspirational and helpful literary gems for use by judges in their work; its secondary purpose is to give source materials for preparing speeches or writings on judicial subjects.
Perpetuities, Restraints On Alienability,And The Duration Of Trusts, Ralph A. Newman
Perpetuities, Restraints On Alienability,And The Duration Of Trusts, Ralph A. Newman
Vanderbilt Law Review
There is no doubt that we must have some fairly well-defined standard for determining when a restraint on alienation lasts too long. There is need for only one rule directed to the ultimate objective sought the establishment of a limitation upon the period during which alienability may be postponed. This limitation of the period of permissible duration of the state of inalienability must apply to all interests of any kind, present or future, vested or contingent, legal or equitable, absolute or in trust. The test of suspension should be the practical possibility, as well as the legal possibility, of alienation. …
The Ethical Foundation For The Pragmatic Conception Of Justice, Anton Donoso
The Ethical Foundation For The Pragmatic Conception Of Justice, Anton Donoso
Vanderbilt Law Review
Since the death of John Dewey ten years ago, his thought has been the subject of a number of works, some of the most significant of which deal with his philosophy of law and of justice. The question of his conception of justice arises out of his general effort to show that the resolution of moral conflicts between various claimants is possible by the use of the scientific method, by which is meant intelligent examination justified by reliable public test through reference to consequences. This entails the formulation of a norm of justice that is both valid (true) and morally …
Aid For The Medically Indigent, Jacob Meerman, Millard Long
Aid For The Medically Indigent, Jacob Meerman, Millard Long
Vanderbilt Law Review
In the following paper we discuss the ability of low income groups to purchase needed care, consider the private alternatives to government action, find these deficient, and hence review various proposals made to the Congress. Finally, we examine a proposal which, while originally propounded in the early Fifties, has received little attention in the recent debates. To the authors, it would seem the best approach to care for the indigent.
Book Review, Chester J. Antieau
Book Review, Chester J. Antieau
Vanderbilt Law Review
Any book that educates the American community to an under-standing of and an appreciation for the Bill of Rights serves a laudable end. And conceivably any author is entitled to define his own terms. However, Mr. Weinberger indicates his displeasure with the traditional meaning of the term, "Bill of Rights," as embracing the first ten amendments and sets out to include within his comparable term what he calls "Additional Amendments Dealing with Personal Liberty"' thus adding the 13th, 14th, 15th and 19th amendments, as well as "Provisions in the Original Constitution Dealing with Personal Liberty" which he specifies as the …
The "Reception" Of Defamation By The Common Law, Colin R. Lovell
The "Reception" Of Defamation By The Common Law, Colin R. Lovell
Vanderbilt Law Review
The rather low opinion held by Mr. Bumble concerning the logic of the law must be set off by the Holmesian reminder that not "logic," but"experience" has kept the law viable. The warning has peculiar applicability in looking at the common law doctrines on defamation. Only the experience of history can explain why, in contrast to Roman civil law systems with their view that all defamations and insults are injuriae, with a single remedial action, the common law has no interest in mere bad language' and goes on to have two separate actions for defamation. Moreover, these are quite artificially …
The Free-Ness Of Free Speech, Robert A. Leflar
The Free-Ness Of Free Speech, Robert A. Leflar
Vanderbilt Law Review
Freedom of speech under Anglo-American law has never been an absolute right, and numerous exercises of free speech (and of free press)have been subjected to inhibiting legal sanctions, both criminal and civil,almost from the beginning of our common law heritage. It is true that the Blackstonian rule prohibiting "previous restraints upon publications" purported, to protect absolutely the initial right to publish. But an absolute right to publish what one may thereafter be criminally punished or forced to pay civil damages for publishing is obviously illusory in its absoluteness.It is not an absolute right in any real sense of the term. …
Practical Problems In Preparation And Trial Of Libel Cases, Laurence H. Eldredge
Practical Problems In Preparation And Trial Of Libel Cases, Laurence H. Eldredge
Vanderbilt Law Review
Any deterrent to complete information about a candidate for admission to the bar is contrary to the public welfare. A conditional privilege is an affirmative defense, which must be pleaded and proved. Not until the defendant rests his case, after what may be a long and expensive trial, does he know where he stands on such a defense, and it is generally left to the lay jurors to decide, under "instructions." Life being what it is, only a few courageous lawyers will have the hardihood to run the risk of exposing themselves to a libel jury trial, with its uncertainties …
The Absolute Privilege Of The Executive In Defamation, Arno C. Becht
The Absolute Privilege Of The Executive In Defamation, Arno C. Becht
Vanderbilt Law Review
Should executive officers have an absolute privilege to commit defamation? This is Professor Becht's inquiry as he traces the evolution and application of this privilege from its origin in England through its development in American state and federal courts. After balancing the factors for and against absolute immunity, the writer reaches the conclusion that officials should be reduced to a qualified privilege in defamation.
Defamation, A Camouflage Of Psychic Interests: The Beginning Of A Behavioral Analysis, Walter Probert
Defamation, A Camouflage Of Psychic Interests: The Beginning Of A Behavioral Analysis, Walter Probert
Vanderbilt Law Review
Does the law of defamation need to be reformed? The author thinks so. Professor Probert rejects the doctrine of libel per se and questions the courts' understanding and use of the term "reputation." It is his belief that plaintiffs on an individual basis should have increased benefit of the knowledge accumulated by the various social sciences in proving the harm done by the alleged defamation, with more liberalization in the requirements of pleading and proof than is now generally countenanced by the courts.
What's Wrong With Baker V. Carr?, Robert Lancaster
What's Wrong With Baker V. Carr?, Robert Lancaster
Vanderbilt Law Review
The decision of the majority of the Supreme Court in Baker v. Carr, the recently decided Tennessee Reapportionment Case, may well turn out to be one of the landmark decisions of American jurisprudence. If by reason of apathetic acquiescence such a judicial intrusion is permitted to go unchallenged and undebated, our federal system of limited and constitutional government may be further weakened. Although the balance of power as between the states and the national government has shifted and this shift has been reflected in and furthered by judicial interpretation of our Constitution, it seems questionable that such a far-reaching and …
Statement Of Fact Versus Statement Of Opinion -- A Spurious Dispute In Fair Comment, Herbert W. Titus
Statement Of Fact Versus Statement Of Opinion -- A Spurious Dispute In Fair Comment, Herbert W. Titus
Vanderbilt Law Review
In attempting to solve problems in a variety of areas lawyers continuously make use of a distinction between statements of "fact" on the one hand and those of "opinion" on the other.' So versatile is this distinction that it has been used to solve problems raised in such diverse areas of the law as evidence and defamation. However, since the turn of the century the fact-opinion dichotomy has been severely criticized as a means of deciding what kinds of testimony should be allowed in a legal trial. Yet in the law of defamation, where this distinction has been extensively applied …
Theoretical And Comparative Aspects Of Reapportionment And Redistricting: With Reference To Baker V. Carr, Charles P. Edwards Ph.D.
Theoretical And Comparative Aspects Of Reapportionment And Redistricting: With Reference To Baker V. Carr, Charles P. Edwards Ph.D.
Vanderbilt Law Review
Dr. Edwards in this article applies political theory to evaluate the impact of reapportionment and redistricting on representative government. In so doing he discusses the sources of this political theory and the goals of representative government. He also surveys comparative political practice in Great Britain and the United States. In suggesting various legislative, administrative, and judicial remedies to malapportionment and inequitable districting, Dr. Edwards concludes that the effect of the present litigation resulting from the Baker v. Carr decision will be to arouse public opinion and prompt legislators to meet the accumulated challenges of urbanization as well as other contemporary …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Civil Rights--Civil Rights Act of 1957 Gives Federal Court Mandatory Jurisdiction To Entertain Suit by the United States To Enjoin State Criminal Prosecution
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Conflict of Laws--Federal Tort Claims Act--Applicable Substantive Law Held To Be Whole Law of State Where Negligence Occurred
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Constitutional Law--Discrimination--Conviction for Disturbing the Peace in Lunch Counter Sit-in Held To Violate Due Process for Lack of Evidence
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Federal Courts--Erie Doctrine--Opinion Evidence Held Admissible Under Federal Rule 43(a) in Diversity Case
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Federal Courts--Federal Question Jurisdiction--Lack of Jurisdiction to Enforce Award of Airline System Board of Adjustment in Labor Dispute
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Interstate Commerce--Taxation--State Privilege Tax …
Book Reviews, Edward S. Mason, Stanley D. Rose, Reber Boult, Robert N. Covington
Book Reviews, Edward S. Mason, Stanley D. Rose, Reber Boult, Robert N. Covington
Vanderbilt Law Review
This volume, which brings together, with one exception, all of Stocking's papers relating to workable competition, is more than a random collection of essays. As he indicates in the preface, the papers had been conceived from the beginning as segments of a book, and they proceed to cover systematically the relation of the concept of workable competition to the major areas of antitrust policy.
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Sir Frederick Pollock was born in 1845 and died in 1937. Throughout this long life, his industry was apparently unflagging. His mark is clearly discernible in wide areas of English law. Every student of the …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
A TREASURY OF LEGAL QUOTATIONS Selected by Paul C. Cook New York:Vantage Press, 1961. Pp.181. $5.00
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COLONIAL JUSTICE IN WESTERN MASSACHUSETTS Edited by Joseph H. Smith Cambridge: Harvard University Press, 1961. Pp.ix, 426. $7.50.
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THE SUPREME COURT OF THE UNITED STATES: ITS BUSINESS, PURPOSES, AND PERFORMANCE By Paul A. Freund Cleveland: World Publishing Company, 1961. Pp.224. $1.35.
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A LAWYER'S VERSUS. By Irving J. Siegal New York: Vantage Press, 1960. Pp.40. $2.00.
Defamation And The Right Of Privacy, John W. Wade, Dean
Defamation And The Right Of Privacy, John W. Wade, Dean
Vanderbilt Law Review
The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. Professor Street summarizes this history by declaring that there was "a perversion of evolutionary processes," with the result that there was produced "a rather heterogeneous pile which should normally have gone to form a consistent body of legal doctrine, but which on the contrary, comprises many disconnected fragments moving in a confused way under the impulse of …
Constitutional Questions Involved In The Expenditure Of Compulsorily Paid Union Dues Under The Railway Labor Act, Edwin R. Render
Constitutional Questions Involved In The Expenditure Of Compulsorily Paid Union Dues Under The Railway Labor Act, Edwin R. Render
Vanderbilt Law Review
Prior to the enactment of federal labor legislation the negotiation and execution of union and closed shop contracts raised many legal questions of which compulsory payment of union dues and assessments was but one. Where an employer agreed to a closed' or union shop, few legal problems arose. Frequently, the employer only agreed to a closed or union shop after considerable pressure had been exerted, thus presenting the problem of the legality of economic pressure for such an objective. In the absence of statute, some state courts held that the closed or union shop was illegal,while others took the view …
Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller
Penology On Appeal: Appellate Review Of Legal But Excessive Sentences, Gerhard O.W. Mueller
Vanderbilt Law Review
Mr. Mueller traces the development of the technique of sentence appeals in relation to the evolution of penological theory and examines the practices of representative American jurisdictions in this area. In evaluating the status of the law, the author's reasoned judgment is that too few appellate courts have the power to review excessive sentences, and that even these courts do not exercise their power in terms of functional penology.
The Dilemma Of The Directed Acquittal, Richard H. Winningham
The Dilemma Of The Directed Acquittal, Richard H. Winningham
Vanderbilt Law Review
Some of the worst abuses of state criminal due process, the author believes, result from anachronistic and artificial restraints which prevent the trial judge from directing acquittals. Therefore,he advocates for all states a uniform policy and practice recognizing and authorizing directed acquittals where the evidence is legally insufficient to support a conviction.
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Subnormal Mentality As A Defense In The Criminal Law, John E.V. Pieski
Vanderbilt Law Review
Although little is left of the theory which ascribed to mental deficiency causative force in criminal conduct, the entire episode taught at least two valuable lessons to modem criminologists. First, it served as a warning against superficial research and hasty conclusions, thus inducing subsequent scholars to take a more scientific approach to similar problems. Second, it aided in alerting others that, although not all or even most criminals are mentally deficient, there are an appreciable number of criminals who possess a subnormal mentality, and who must be reckoned within the criminal law. Notwithstanding that the legal profession has utilized the …
Some Reflections On Baker V. Carr, Nicholas Deb. Katzenbach
Some Reflections On Baker V. Carr, Nicholas Deb. Katzenbach
Vanderbilt Law Review
This article is based on the author's address before the Vanderbilt University School of Law in connection with the school's 1962 Law Day ceremonies. In it, Mr. Katzenbach examines the positions of the various opinions in Baker v. Carr, the significance of the case both for Tennessee and the country as a whole, and the various alternatives open to the district courts for implementing the decision.
Annual Survey Of Tennessee Law, Law Review Staff
Annual Survey Of Tennessee Law, Law Review Staff
Vanderbilt Law Review
This is the tenth Annual Survey of Tennessee Law to be published by the Vanderbilt Law Review. During the past ten years, the response to such issues from the members of the Bar has been gratifying to all those connected with the project. Many attorneys have told us that these issues have proved valuable to them both as a means of keeping up to date on recent developments in the law of this state and as a source of research guidance. We have been particularly pleased to see a number of articles from these issues cited by the courts of …