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Articles 151 - 157 of 157
Full-Text Articles in Law
Book Reviews, James C. Evans, Samuel E. Stumpf
Book Reviews, James C. Evans, Samuel E. Stumpf
Vanderbilt Law Review
State Taxation of Interstate Commerce By Paul J. Hartman Buffalo: Dennis & Co., 1953. Pp. xi, 323. $7.50
reviewer: James Clarence Evans
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Church, State and Freedom By Leo Pfeffer Boston: The BeaconPress, 1953. Pp. xvi, 605. $10.00
reviewer: Samuel Enoch Stumpf
Overlapping, Duplication And Conflicts Among Municipal Corporations, Alvin E. Evans
Overlapping, Duplication And Conflicts Among Municipal Corporations, Alvin E. Evans
Vanderbilt Law Review
There is a well-known principle of municipal government that there cannot be two municipalities possessed of the same or similar powers, privileges and jurisdiction covering the same territory at the same time. Perhaps the earliest expression of this principle may be found in an early English dictum to that effect where the court explains why such a proposition must be true, viz., "[F]or, instead of good order, that would only be productive of anarchy." Whether in our conglomerate of municipalities we have abided by this principle or have created duplications, overlappings and conflicts due to the vast multiplicity of municipal …
Section 112(B)(6): Benefit Or Burden?, Raymond Whiteaker
Section 112(B)(6): Benefit Or Burden?, Raymond Whiteaker
Vanderbilt Law Review
The general provision in the Internal Revenue Code pertaining to the liquidation of corporations is section 115 (c). Under this section gain or loss on a liquidation is recognized to the extent that the assets received in liquidation exceed or fail to exceed the basis of the share-holder's stock. An exception to this general rule, however, is provided by section 112(b) (6) whereby a parent may liquidate a subsidiary without recognizing any gain or loss on the liquidation if the statutory requirements are met.
The nonrecognition provision first appeared in the Revenue Act of 1935 as section 110 (a).' This …
Personal Liability Of Corporate Officers For Ultra Vires Contracts, J. F. Dirisio
Personal Liability Of Corporate Officers For Ultra Vires Contracts, J. F. Dirisio
Vanderbilt Law Review
A director or other officer of a corporation, when contracting on its behalf, acts as its agent and the laws of agency are generally applicable. This note presents those problems, apparently unique to corporation law, in the liability of an agent who, with authority, contracts for a principal who has no authority.' Of no concern here are those instances where, either because of ratification or estoppel, the corporation itself is liable, since if the principal is bound the other party has no ground of complaint against the agent.
An officer of a corporation, contracting in excess of or without authority …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Law Review
-- Books Received --
Commercial Law, Cases on
By Robert Braucher
Brooklyn: The Foundation Press, Inc., 1951. Pp. 709. $8.00
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Commercial Transactions, Cases and Materials, Temporary Edition
By Arthur E. Sutherland, Jr. and Bertram F. Willcox
Brooklyn: The Foundation Press, Inc., 1951. Pp. 1251. $9.50
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Conflict of Laws, Cases and Materials, Third Edition
By Elliott E.Cheatham, Herbert F. Goodrich, Erwin N. Griswold and Willis L. M.Reese
Brooklyn: The Foundation Press, Inc., 1951. Pp. 960. $9.00
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Constitution of Powers in a Secular Statte, A.
By Edward S. Corwin
Charlottesville: The Michie Co., 1951. Pp. 126
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Evidence, Cases …
The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern
The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern
Vanderbilt Law Review
Less than fifteen years ago, there were constitutional problems important enough to stir the country, to threaten the sanctity of the Supreme Court. These were the culmination of at least three decades of judicial controversy, in which the pressure of events brought criticism of the Court's decisions, both in noteworthy dissenting opinions and outside, to a new height. Fifteen years later, there still are difficult and important constitutional problems, and there still is criticism of the Supreme Court's decisions--though on a relatively minor scale. But the issues which rocked more than the legal world in the 1930's and in the …
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Factors Influencing Judges In Interpreting Statutes, Arthur W. Phelps
Vanderbilt Law Review
There has been recent discussion of abandoning the literal meaning rule and most of the other rules of statutory construction. A broader principle is favored which will allow the full play of the rational processes of the court. This view has great appeal, and, in terms of freeing judges who apply rules as rules without regard to their object, serves a need. But if it means a sudden release of the judiciary from always starting with a statute as it reads--as it is written--as it has meaning for most of us--it is a harmful suggestion. Law is something more than …