Law Commons^™

Conflict Of Laws In Labor Matters In The United States, Stuart Rothman

Vanderbilt Law Review

A sampling of the ways in which the subject of conflict of laws has been treated in the United States in labor matters will be undertaken. However, the term "labor matters" may be regarded as embracing a multitude of topics, and this presentation by no means purports to be encyclopedic. Indeed, questions concerning conflicts between laws of the federal and state governments have been purposely excluded, though admittedly they loom large in domestic law and jurisprudence. On the other hand, the subjects considered are deemed illustrative of the domestic approach to the problems involved.

Conflict Of Laws--1959 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There have been several developments during the year regarding jurisdiction over nonresidents.

In 1947 the legislature passed a statute requiring "any unincorporated association or organization, whether resident or nonresident," which was doing or desiring to do business in the state to appoint an agent for the service of process and providing that in case of failure to appoint the agent, service might be had on the Secretary of State.' The constitutionality of this act, as applied to foreign associations has since been upheld. A current amendment to the section has added the words "including non-resident partnerships" at the end of …

Conflict Of Laws -- 1958 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The requirement of residence in the Tennessee divorce statutes'has been construed to mean domicile. Two cases during the Survey period raise the issue of domicile in this connection. In Bernardi v.Bernard is the question was whether a member of the armed services had acquired a domicile in the state...

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Torts.-In Schenk v. Gwaltney the court followed the usual rule of choice of law in torts cases. An automobile accident having happened in Indiana, the Indiana automobile guest statute was held to apply, though the court intimated that if the accident had occurred in Tennessee where there was no such …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client

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Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State

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Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication

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Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State

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Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser

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Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony

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Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries

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Evidence--Witnesses--Cross-Examination of Character Witness for Accused …

Conflict Of Laws -- 1957 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Martin v. Martin' involved a bill in equity by a wife to set aside a divorce decree as fraudulently obtained by the husband. The parties had been domiciled in Pennsylvania. While in Tennessee as a member of the armed forces the husband obtained the divorce in the state. He was subsequently transferred outside the United States. Complainant's bill to set the decree aside for fraud was sustained by the chancellor, defendant being served by publication. Defendant then made a special appearance to contest the jurisdiction of the court and appealed from an adverse ruling.

The Supreme Court held that there …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

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CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

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CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

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CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

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EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

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FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

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INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

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LABOR …

Conflict Of Laws -- 1956 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Personal Jurisdiction: In State v. Perry, the Tennessee Department of Public Welfare, which had paid sums for the support of dependents of certain nonresidents, brought an action against the nonresidents for reimbursement and for an order to pay money in the future. No personal service was had on the defendants, and the court held that the Tennessee statute does not authorize the court "to enter a personal judgment against a non-resident husband-father upon the ex parte petition, when that husband-father is not personally before the Court, and afforded no opportunity to be heard.' It correctly implied that such a proceeding …

Marriage In The Conflict Of Laws, Charles W. Taintor, Ii

Vanderbilt Law Review

It must first be recognized that three different types of problems are raised in this field by what purport to be marriages: problems concerning the creation of the relationship of man and wife; those concerning the method whereby the parties signify their consents to the assumption of the relationship; and those concerning the legal protection accorded to claims arising therefrom. These involve, respectively, the status, the ceremony, and the incidents' of marriage.

It has often been said or assumed in the past that the laws of the domicile or domiciles of the parties at the time of the ceremony govern …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

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Domestic Relations--Adoption--Revocation of Consent by Natural Parents

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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Torts--Choice of Law Required by Federal Tort Claims Act

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Constitutional Law--Equal Protection--Exemption of Veterans from Payment of Hunting and Fishing Fees

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Constitutional Law--Separation of Powers--Procedure for Removal of Judge an Interference with Judicial Process

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Constitutional Law--State Police Power--Restriction of Competition among Employment Agencies

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Contempt of Court--Summary Punishment of Direct Contempt--Attorney's Absence from Court

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Corporations--Inspection of Books and Records--Right of Former Director

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Criminal Law--Lotteries--Necessity of Consideration

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Domestic Relations--Alimony--Fixed Payments to Wife until Her Death or Remarriage as Basis of Claim against Husband's Estate

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Domestic Relations--Divorce and Alimony--Award of Alimony …

Conflict Of Laws -- 1955 Tennessee Survey, John W. Wade

Vanderbilt Law Review

When a cause of action is transitory in nature the plaintiff may sue on it in any state where he can obtain personal jurisdiction over the defendant. And when personal jurisdiction is not available, he can often, by process of garnishment or attachment, obtain jurisdiction quasi in rem and proceed with the trial of the issue. The judgment so obtained is not binding on the defendant in personam but it may bind the defendant's property or the debt to him from a third party. In Hobbs v. Lewis a plaintiff sought to make use of garnishment for this purpose. He …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Conflict Of Laws -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There are three Tennessee Supreme Court cases involving Conflict of Laws and an equal number of federal cases arising in Tennessee. One of the state cases raises constitutional questions and the United States Supreme Court may someday disagree with the Tennessee court.

"Stockholders' Liability." This case is Paper Products Co. v. Doggrell. The facts are not complicated, but a rather involved mix-up developed between the state and federal courts.

Doggrell, Konz and Whitaker were sole stockholders in an Arkansas business association entitled Forest City Wood Products, Inc., with principal office located in St. Francis County, Arkansas. Doggrell and Konz were …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Full Faith and Credit--Characterization of Statute as Penal

Federal Tort Claims Act--Exceptions--Intentional Torts

Federal Tort Claims Act--Indemnity--Employee's Liability to Government

Federal Tort Claims Act--Parties--Impleader and Joinder

Gift Tax--Valuation--Sale or Replacement Value

Life Insurance--War Clause--Korean Conflict

Tennessee Procedure--Right to Jury Trial in Chancery--Purely Equitable Suit

Trade-Marks--Infringement as Unfair Competition--Application of Lanham Act

State Law Versus A Federal Common Law Of Torts, Irvin M. Gottlieb

Vanderbilt Law Review

The Statute, Its Scope and Basic Standard Section 421(k) of the Federal Tort Claims Act excludes from its coverage "any claim arising in a foreign country."' The Foreign Claims Act which was passed by the 77th Congress and amended by the 78th Congress has specific application to foreign countries, including places located therein which are under the temporary or permanent jurisdiction of the United States.

Court test of the territorial scope of the Federal Tort Claims Act arose in a series of cases decided in 1948, culminating in United States v. Spelar, where the issue of possible foreign coverage was …

Renvoi In New York And Elsewhere, John D. Falconbridge

Vanderbilt Law Review

In re "Tallmadge" related to the mode of distribution of the residuary estate of one Chadwick. The report of Winthrop, referee, which was confirmed by the Surrogate's Court of New York County, found that "the "renvoi" is no part of New York law," whereas thirty-one years later in "In re Schneider's Estate" it was held by Frankenthaler, Surrogate, also in the Surrogate's Court of New York County, that the "broad assertion in Matter of Tallmadge, supra, that the "renvoi" principle is not applicable in New York is not in accord with the earlier or later cases. The precise limits of …

That Elusive Word, "Residence", Willis L.M. Reese, Robert S. Green

Vanderbilt Law Review

If wishes were horses, all men could ride. And if judges were legislators, the laws would probably read differently than they do. At least, this might well be the case in the field under discussion. With few exceptions, the courts speak of "domicil" while statutes refer to "residence" instead.' Domicil has a reasonably constant meaning. Residence, on the other hand, is one of the most variable words in the legal dictionary. It can be synonymous with domicil; it can also mean something else or something more. As such, it must be further defined, something which rarely is satisfactorily done in …

Forward | Directive Or Dialectic?, Stanley Reed, Herbert F. Goodrich

Vanderbilt Law Review

The use of the symposium for enlightenment on current problems in the Law is most effective. However thorough the work of a single author may be, the result is the conclusion of one mind. Recognizing that the treatises of the great writers on Conflict of Laws show the main structure for that field, there is still need for the special articles of a symposium. In the great domains of the profession, one man's research and understanding cannot give to his reader the breadth of view attainable from the combined work of a group of scholars. This comment is applicable to …

The Eclipse Of The Lex Loci Solutionis -- A Fallacy Exploded, J. H.C. Morris

Vanderbilt Law Review

Traditionally, the question what law governs the validity of a contract is the most confused subject in the conflict of laws.' At least four theories have been advocated by writers or adopted by courts, namely that the law of the place of contracting, or the law of the place of performance, or the law intended by the parties, or the law of the country with which the contract has the closest and most real connection, determines the validity of the contract. In England the validity of a contract is governed by the "proper law," which Dicey defines as "the law, …

The Form Of Wills, Ernst Rabel

Vanderbilt Law Review

"Yielding Place to New: Rest Versus Motion in the Conflict of Laws"' Under this headline Herbert F. Goodrich, the eminent leader, recently reviewed improvements of judicial attitudes. Concluding his stimulating essay, he states that "motion and rest" must stay balanced; no total codification of uniform conflicts rules will be feasible until our experience is much enhanced. I fully agree. It is also my own impression that conflicts law needs infinitely more study and effort, not only by the courts, but also, and in the first place, by the scholars. But could not the approach toward reasonable and uniform judicial rules …

Joint Tortfeasors And The Conflict Of Laws, John W. Wade

Vanderbilt Law Review

Much has been written regarding tort liability and the conflict of laws and there are numerous cases in the field.' But little attention has been paid to the conflicts aspects of the many legal problems which surround the concept of joint tortfeasors. This paper attempts to collect the relatively few decisions on the subject and to analyze the problems involved.

In the beginning it should be made clear that the term "joint tortfeasors" is used, unless otherwise indicated, in the broad, somewhat colloquial sense which most American courts use today. Thus used, it includes both joint tortfeasors in the narrow …

Federal Control Of Conflict Of Laws, Elliott E. Cheatham

Vanderbilt Law Review

Under our federal system of government two sets of laws operate within the country, the laws of the constituent states and the laws of the central government. For lawyers there is the ever present question, which of them applies to a case: the law of a state, to be interpreted finally by the courts of the state; or national law--federal law, as it is usually called--of which the Supreme Court of the United States is the final arbiter?

Interstate and international matters, with which conflict of laws deals, involve national as well as state interests. In the United States it …

What Is Happening In The Conflict Of Laws: Three Supreme Court Cases, Wendell Carnahan

Vanderbilt Law Review

An answer to the topical inquiry is "A great deal" but full explanation of the general answer to a very big question cannot be attempted in a single article. Instead, attention will be directed primarily to the opinions in three cases decided on the same day by the Supreme Court of the United States. These cases present problems in the segments of conflict of laws dealing with principles of forum non conveniens and full faith to a statute,' jurisdiction over a foreign corporation and a combination of choice of laws rules and judicial recognition of an alimony award. These cases …

Utility Of The Jurisdictional Principle In A Policy Centered Conflict Of Laws, Edwin W. Briggs

Vanderbilt Law Review

Various recent studies' have confirmed the suspicion that courts continue to find it necessary to approve and rely heavily on the principle of "legislative jurisdiction" residing in some one state, even though they do not often admit it in so many words. Since the discussion of the problem by courts generally assumes that the single question in conflicts is choice of law, and since one of the most influential writers on the subject in recent times has denied the validity of the jurisdictional principle at the common law as a means of solving a conflicts problem, a study giving further …

The Conflict Of Laws: The Experience Of The Australian Federation, Zelman Cowen

Vanderbilt Law Review

For American lawyers conflict of laws problems arise at two levels. One group of problems appears within the area governed by the Federal Constitution, while others arise within a wider international area. The decision of a New York forum in a case involving Michigan elements may very well differ from that reached by the same forum where the foreign elements involve England or France. The Constitution itself is often responsible for this difference. For example, questions of full faith and credit or of due process may be involved. It is not surprising, therefore, that the question has been posed whether …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--ANNULMENT FOR MENTAL INCAPACITY--APPLICABILITY OF LAW OF DOMICIL

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CONFLICT OF LAWS -DAMAGES -EFFECT OF OUT-OF-STATE EMPLOYMENT CONTRACT

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CONFLICT OF LAWS --DIRECT ACTION AGAINST INSURER--CONSTITUTIONALITY OF STATUTE REQUIRING APPLICATION TO OUT-OF-STATE INSURANCE POLICIES

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CONFLICT OF LAWS --JURISDICTION -FOREIGN ACTS AFFECTING COMMERCE

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CONFLICT OF LAWS --JURISDICTION --SERVICE ON UNINCORPORATED NONRESIDENT

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CONFLICT OF LAWS --JURISDICTION --TRESPASS TO LAND AS TRANSITORY ACTION

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CRIMINAL PROCEDURE --SUSPENDED SENTENCE --FACTORS CONSIDERED IN REVOCATION

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FEDERAL PROCEDURE --RULE 50(b) --TRIAL COURT'S DISCRETION TO GRANT NEW TRIAL OR JUDGMENT

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LIMITATION OF ACTIONS --STATUTORY CONSTRUCTION--"ACT OR OMISSION COMPLAINED OF"

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PROCEDURE-- …

Commercial Paper And The Conflict Of Laws, George W. Stumberg

Vanderbilt Law Review

Certificates of stock, bonds and other negotiable paper are apt to be regarded by business men as the equivalents of tangibles and, so, are normally dealt with by them as such. Nevertheless, stock certificates and negotiable paper represent intangibles. A stock certificate, for example, represents a share in the corporation. The owner of the share has a number of inchoate claims which are not always susceptible of exact delineation. Theoretically the owner is entitled to his proper share of the balance remaining on hand after discharge of obligations upon the dissolution of the corporation. He is also entitled to dividends; …

Conflict Of Laws And The Administration Of Decedents' Real Estate, Edward S. Stimson

Vanderbilt Law Review

The subject matter of this article will be treated under three heads dealing with, (A), the power of executors and administrators to sell real estate; (B), inheritance taxes; and (C), the law and the courts which determine, one, the validity of wills and two, who succeeds by operation of law. The core of the problem lies in the validity of wills and intestate succession to real estate. ... Two questions involving the power of executors or administrators have been considered by the courts. First, which executor, administrator or court has power to sell the real estate in order to pay …

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 …