Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE

BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER

CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE

CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT

CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID

CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE

CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN

COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION

CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS

JOINT …

Remarks On The Theory Of Appellate Decision And The Rules Or Canons About How Statutes Are To Be Construed, Karl N. Llewellyn

Vanderbilt Law Review

If a statute is to make sense, it must be read in the light of some assumed purpose. A statute merely declaring a rule, with no purpose or objective, is nonsense. If a statute is to be merged into a going system of law, moreover, the court must do the merging, and must in so doing take account of the policy of the statute-or else substitute its own version of such policy. Creative re- shaping of the net result is thus inevitable. But the policy of a statute is of two wholly different kinds-each kind somewhat limited in effect by …

The Tidewater Case And Limited Jurisdiction Of Federal "Constitutional" Courts, Joe H. Foy

Vanderbilt Law Review

In the recent case of National Mutual Insurance Ca. v. Tidewater Transfer Co.,' the Act of April 20, 1940, allowing citizens of the District of Columbia and of the territories to sue and be sued in the district courts on the basis of diverse citizenship, was held constitutional insofar as it applies to citizens of the District of Columbia. The practical effect of the decision, in allowing Congress to remove a basic inequality among citizens of the United States, is perhaps commendable. However, there are broad theoretical implications in this holding, emphasized by sharp debate among the justices, which could …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--DOMICIL FOR PURPOSES OF INCOME TAXATION--ABSENCE OF FIXED INTENT TO REMAIN IN RESIDENCE OR TO RETURN TO DOMICIL OF ORIGIN

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CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF STATE TAX UPON GROSS RECEIPTS OF SEGMENT OF INTERSTATE COMMERCE

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CONSTITUTIONAL LAW--PEACEFUL PICKETING--POWER OF STATE COURT TO ENJOIN

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CONSTITUTIONAL LAW--POWER OF COURT TO PUNISH FOR DIRECT CONTEMPT--OPPORTUNITY TO OBTAIN COUNSEL

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EVIDENCE--ADMISSIBILITY OF SCIENTIFIC TESTS--HARGER DRUNKOMETER TEST TO DETERMINE INTOXICATION

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FEDERAL JURISDICTION--REQUIREMENT THAT FEDERAL QUESTION APPEAR ON FACE OF COMPLAINT--APPLICATION TO DECLARATORY JUDGMENT ACTION

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INCOME TAXES--DEDUCTION OF BUSINESS EXPENSES--DEDUCTIBILITY OF PENALTIES FOR VIOLATION OF PRICE REGULATIONS

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INSURANCE--"COMPREHENSIVE" COVERAGE …

Book Reviews, Joseph C. Hutcheson, Jr. (Reviewer), W. Raymond Denny (Reviewer), Robert G. Storey (Reviewer), W. W. Berry (Reviewer)

Vanderbilt Law Review

BOOK REVIEWS

The Power in the People

By Felix Morley

New York: D. Van Nostrand Co., Inc., 1949. Pp. xii, 293. $3.50

reviewer: Joseph C. Hutcheson, Jr.

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Men and Measures in the Law

By Arthur T. Vanderbilt

New York: Alfred A. Knopf, 1949. Pp. xxii, 156. $3.00

reviewer: W. Raymond Denny

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The Case of General Yamashita

By A. Frank Reel

Chicago: University of Chicago Press, 1949. Pp. v, 324. $4.00

reviewer: Robert G. Storey

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Tax Planning for Estates

By William j. Bowe

Nashville: Vanderbilt University Press, 1949. Pp. 93. $2.00

reviewer: W. W. Berry