Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Securities Law (10)
- Antitrust and Trade Regulation (4)
- Commercial Law (4)
- Constitutional Law (4)
- Health Law and Policy (3)
-
- Civil Law (2)
- Civil Procedure (2)
- Environmental Law (2)
- Labor and Employment Law (2)
- Legal History (2)
- Legal Profession (2)
- Military, War, and Peace (2)
- Tax Law (2)
- Torts (2)
- Administrative Law (1)
- Civil Rights and Discrimination (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Education Law (1)
- Estates and Trusts (1)
- Evidence (1)
- First Amendment (1)
- Judges (1)
- Jurisprudence (1)
- Law Enforcement and Corrections (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Oil, Gas, and Mineral Law (1)
- President/Executive Department (1)
- Keyword
-
- Federal securities code (4)
- Constitutional law (3)
- Antitrust (2)
- Civil procedure (2)
- Collective bargaining (2)
-
- Legal history (2)
- National Labor Relations Act (2)
- Remedies (2)
- Securities and exchange commission (2)
- The Sherman Act (2)
- Administrative law (1)
- Antifraud provisions (1)
- Antitrust law (1)
- Attorney's impact on society (1)
- Burden of proof (1)
- Cabinet secretariat (1)
- Capital punishment (1)
- Civil liability (1)
- Civil rights damage actions (1)
- Collateral (1)
- Commercial bribery (1)
- Conscious parallelism (1)
- Constitutional theory (1)
- Corporate law (1)
- Corporate litigation (1)
- Court martial system (1)
- Criminal law (1)
- Criminal procedure (1)
- Diminished capacity (1)
- Disclosure (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Conscious Parallelism And The Sherman Act: An Analysis And A Proposal, D. J. Simonetti
Conscious Parallelism And The Sherman Act: An Analysis And A Proposal, D. J. Simonetti
Vanderbilt Law Review
This Note will examine the problem posed by conscious parallelism from an economic and legal perspective, review the current proposals of Professors Donald F. Turner and Richard A. Posner, the two leading commentators on the subject, and suggest an alternative method of dealing with conscious parallelism... Specifically, this Note proposes that the extended Alcoa doctrine be implemented under section 2 by providing that the existence of conscious parallelism among the largest firms in a highly concentrated industry shall constitute prima facie evidence of a conspiracy to monopolize. Conspiracy to monopolize under section is distinguishable from and independent of conspiracy to …
Vertical Divestiture Of The Petroleum Majors: An Affirmative Case, Walter Adams
Vertical Divestiture Of The Petroleum Majors: An Affirmative Case, Walter Adams
Vanderbilt Law Review
In October of 1976, the Vanderbilt Law Review published an article on vertical divestiture of the petroleum industry by Mr. Stark Ritchie, general counsel for the American Petroleum Institute. In his article, Mr. Ritchie examined the economic justifications for vertical integration in the oil industry, suggested several consequences of divestiture, and concluded that the remedy would be an inappropriate and inefficient method of increasing competition in the industry. In response to that article, Professor Adams examines the concentration of economic power in the petroleum industry, the relationship of vertical integration to the exercise of horizontal control, and the merits of …
Book Review, Ted Finman
Book Review, Ted Finman
Vanderbilt Law Review
Verdicts on Lawyers consists of twenty-three essays written by twenty-five authors,' most of them attorneys. The purpose of this compilation is to promote reform by (1) noting and describing deficiencies in the behavior of lawyers, in the structure and organization of the legal profession, and in rules and mechanisms that affect the distribution of legal services to poor and middle-class clienteles and (2) prescribing remedies for the problems noted.
The Toxic Substances Control Act: A Regulatory Morass, Kevin Gaynor
The Toxic Substances Control Act: A Regulatory Morass, Kevin Gaynor
Vanderbilt Law Review
The Toxic Substances Control Act (TSCA or the Act),' which was signed into law in October of 1976, originated in a 1971 report by the Council of Environment Quality (CEQ). The CEQ report reviewed the problems presented by toxic chemicals and concluded...
that existing regulation was fragmented and inadequate. The report pointed out the need for authority requiring the testing of chemicals to determine their health and environmental effects, restricting the use and distribution of some chemicals when necessary to protect human health and the environment, and providing for development of adequate data on the environmental and health effects of …
Remedies Under The Tennessee Commercial Code, John A. Walker, Jr.
Remedies Under The Tennessee Commercial Code, John A. Walker, Jr.
Vanderbilt Law Review
The scope of this Article is limited to a discussion of the enforcement of consensual' liens under the Uniform Commercial Code as enacted in title 47 of the Tennessee Code. It does not include the panoply of other, nonconsensual remedies such as prejudgment attachment and postjudgment levy. In particular, this Article examines the applicability of the doctrine of election of remedies, the mechanics of repossession, and the rules applicable to the disposition of collateral, primarily as these concepts have been interpreted and applied by the courts of Tennessee.
Recent Cases, Cornelia H. Boozman, R. Preston Bolt, Jr., Kenneth L. Stewart
Recent Cases, Cornelia H. Boozman, R. Preston Bolt, Jr., Kenneth L. Stewart
Vanderbilt Law Review
Administrative Law--Ripeness--Agency Head's Informal Opinion Letters Held Unripe for Review When No Substantial Hardship Placed on Parties
Cornelia H. Boozman
The basic premise of the ripeness doctrine is that judicial machinery should operate only on concrete problems that are present or imminent, not on problems that are abstract, hypothetical,or remote... The Supreme Court articulated a more definitive standard for determining ripeness in "Abbott Laboratories v. Gardner." Espousing what it considered to be the basic rationale of the ripeness doctrine, avoidance of premature adjudication of discretionary administrative policies, the Court established a procedure for evaluating the ripeness issue in challenges to …
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Knocking On Wood: Some Thoughts On The Immunities Of State Officials To Civil Rights Damage Actions, Joseph Kattan
Vanderbilt Law Review
Recent developments suggest that even without congressional action municipalities and other subdivisions of the state not protected by the eleventh amendment may be subject to liability for the actions of their officers. Presently, however, an aggrieved individual's primary remedy is recovery of damages from the offending officers. This right of recovery hinges on whether the officer should have understood the unconstitutional effect of his actions. Although the need for uniformity in the standard of liability, in the burden of proof, and in the scope of official defenses and immunities is acute, neither the courts nor the commentators have articulated a …
Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas
Eighth Amendment Challenges To The Death Penalty: The Relevance Of Informed Public Opinion, Charles W. Thomas
Vanderbilt Law Review
In light of the Court's recent holding in Gregg v. Georgia, future death penalty challenges almost certainly will focus upon the type and quality of evidence available to serve as "objective indicia that reflect the public attitude toward a given sanction."'" Unfortunately, the "objective indicia" that can be relied upon and the manner in which they are to be weighted is not altogether clear. In Gregg, for example, the Court emphasized such traditional considerations as legislative enactments, decisions rendered by juries, and the single post-Furman referendum on the death penalty.'" Additionally, evidence pertaining to the determinants of public support for …
Recent Cases, John P. Kelly, G. David Dodd
Recent Cases, John P. Kelly, G. David Dodd
Vanderbilt Law Review
The principle that the government must not only refrain from providing special preference to a particular religion, but, that it also must stand apart from religion in general is abridged once the government seeks to provide sustenance to religious interests. Government neutrality is preserved, however, when the government merely provides fertile ground on which religious interests can thrive independently. Because state-imposed employment accommodation of religious precepts creates proselytizing opportunities" upon which religious interests flourish and because there is no overriding government interest in requiring such accommodation, Title VII's Randolph Amendment transgresses establishment clause prohibitions.
John P. Kelly
=========================
The court …
Book Reviews, Daniel H. Benson, Maxwell Bloomfield, Donald E. Schwartz
Book Reviews, Daniel H. Benson, Maxwell Bloomfield, Donald E. Schwartz
Vanderbilt Law Review
THEY CALL IT JUSTICE: COMMAND INFLUENCE AND THE COURT-MARTIAL SYSTEM. By Luther C. West. New York: The Viking Press, 1977. Pp.xii, 302. $12.95.
Reviewed by Daniel H. Benson
In his book West is dealing with a subject that is difficult to discuss without generating hostility, misunderstanding, and, occasionally, incredulity. He is attacking the classic military understanding of the basic purpose of the court-martial system. He asks the reader to accept his word and assurances concerning the accuracy of the problems he describes, over the assurances of the military justice establishment that all is well. In doing all of this, West …
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Alternative Proposals For The Regulation Of An Emergency Strike In The Health Care Industry, Susan A. Jones
Vanderbilt Law Review
In order to give approximately 1,400,0001 health care employees the protection enjoyed by employees under the National Labor Relations Act (NLRA), Congress amended the Act in 1974 to make health care institutions "employers. Recognizing the public's dependence upon the unique services provided by health care facilities, Congress was hesitant, however, to extend coverage under the Act to health care employees without providing additional safe-guards. These safeguards are embodied in the following special provisions: (1) the extension of the sixty-day notice requirement for modification of an expiring contract to ninety days; (2) the creation of a thirty-day notice requirement of a …
Criminal Procedure As Defined By The Tennessee Supreme Court, Julian L. Bibb, Walter S. Weems
Criminal Procedure As Defined By The Tennessee Supreme Court, Julian L. Bibb, Walter S. Weems
Vanderbilt Law Review
The Tennessee Supreme Court, elected simultaneously for the first time since the early 1900's, assumed office in September 1974 amid speculation concerning future judicial policy. The court, com-posed of Chief Justice William H. D. Fones and Justices Ray L.Brock, Jr., Robert E. Cooper, William J. Harbison, and Joe W.Henry, immediately indicated the importance of a uniform judicial policy governing criminal procedure by creating a special commission to revise the state rules of criminal procedure. Additionally,during its present term the court has decided numerous cases directed toward the formation of well-defined rules under which criminal allegations can be adjudged. This Special …
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
The Role Of The Nlrb And The Courts In The Collective Bargaining Process: A Fresh Look At Conventional Wisdom And Unconventional Remedies, Charles J. Morris
Vanderbilt Law Review
The amended National Labor Relations Act (the Act) guarantees that "employers, employees, and labor organizations each recognize under law one another's legitimate rights in their relations to each other."' In furtherance of this objective, the Taft-Hartley and Landrum-Griffin amendments substantially increased the Act's protection of individual employee rights and sharply restrained many union activities that were deemed economically and socially undesirable. Those amendments, however, left intact the basic structure of the original Wagner Act providing for establishment of collective bargaining whenever a majority of the employees in an appropriate bargaining unit designate a bargaining agent to represent them. Once a …
Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik
Recent Cases, James H. Lokey, Jr., Stephen D. Goodwin, Charles L. Jarik
Vanderbilt Law Review
Constitutional Law--Criminal Procedure-Circuits Split over Application of Stone v. Powell's "Opportunity for Full and Fair Litigation"
James H. Lokey, Jr.
In Stone v. Powell,' the third 1976 decision, the Supreme Court made a limited but distinct break with precedent. Stone held that a state prisoner may not be granted federal habeas relief on the ground that evidence obtained in an unconstitutional search and seizure was introduced at his trial as long as the state has provided an "opportunity for full and fair litigation" of his fourth amendment claim." The Court, as noted previously, did not define what kind of "opportunity" …
Book Review, James R. Elkins
Book Review, James R. Elkins
Vanderbilt Law Review
Shaffer suggests a new paradigm for law practice that is not based on rigid control of clients in an impersonal attorney-client relationship. He argues forcefully that disregard for the client's emotions ignores important "facts" that can be used in the law office and the legal process. Shaffer's work suggests the possibility of gaining personal satisfaction and of providing more adequate legal services by actively counseling and understanding clients. Such a humanistic approach to the practice of law can be rooted only in an awareness of the psychological and social defenses erected against both the attorney's clients and the attorney's impact …
A Revolution In White--New Approaches In Treating Nurses As Professionals, Walter T. Eccard
A Revolution In White--New Approaches In Treating Nurses As Professionals, Walter T. Eccard
Vanderbilt Law Review
This Note will review the development of nursing as a profession, discuss current trends in nursing, review the current case law in light of these developments, and, finally, propose alternative approaches to the questions relating to nursing malpractice. Specifically, this Note will examine the questions of the appropriate statute of limitations for nursing malpractice cases, the need for nurses as expert witnesses in malpractice actions, and the proper standard of care for a registered nurse. These questions will be considered in the context of the various state licensure laws, the newly established nurse certification programs, and the formal educational training …
Tying Arrangements And The Individual Coercion Doctrine, W. Perry Brandt
Tying Arrangements And The Individual Coercion Doctrine, W. Perry Brandt
Vanderbilt Law Review
At the present time the Individual Coercion Doctrine appears strengthened by the Third Circuit's ruling in Ungar and the Supreme Court's denial of certiorari in that case. Nevertheless, detailed analysis of the Doctrine demonstrates that despite the Doctrine's rather lengthy development, it is inconsistent with the basic legal principles of the law of tying as well as the more general purposes of the antitrust laws. The courts should again undertake a critical analysis of the Doctrine and, as the district court did in Ungar, remove coercion as an independent requirement of tying law.Perhaps in the near future as a result …
Current Problems Facing The Executor Taking The Section 2053 Estate Tax Deduction, Jay D. Christiansen
Current Problems Facing The Executor Taking The Section 2053 Estate Tax Deduction, Jay D. Christiansen
Vanderbilt Law Review
Section 2053 of the Internal Revenue Code allows the executor to deduct from the gross estate amounts attributable to expenses, indebtedness, and taxes. This Note will examine problems currently confronting an executor who is attempting to utilize the 2053 deduction. The first problem examined in this Note is the conflict in the federal courts of appeals regarding the deductibility of expenses incurred as a result of a sale of decedent's property. The statute,cases, and regulations in this area will be examined, and a suggested approach for the executor encountering this problem will be provided. The second problem considered is the …
Postregistration Provisions Of The Federal Securities Code, Alfred J. Law
Postregistration Provisions Of The Federal Securities Code, Alfred J. Law
Vanderbilt Law Review
The discussion of Part VI of the Federal Securities Code, dealing with postregistration provisions, falls naturally into three general areas: reporting requirements for registered companies, tender requests, and solicitation of proxies. This article will examine each category separately.
The Issuer Registration And Distribution Provisions Of The Proposed Federal Securities Code, Kenneth J. Bialkin
The Issuer Registration And Distribution Provisions Of The Proposed Federal Securities Code, Kenneth J. Bialkin
Vanderbilt Law Review
Section 403 of the Code provides that "[a] registration statement shall contain whatever information, financial statements, material contracts and other documents the Commission specifies by rule. This complete legislative delegation to the Commission, in Professor Loss's view, "seems perfectly safe in the year 1972. "One need not criticize the Commission's competence in the disclosure area, however, to suggest that after some 35 years of experience with the securities laws a statute prescribing the basic disclosure items (similar to the 1933 Act's Schedule A) should be possible, as well as appropriate and desirable. The wisdom of leaving the entire job to …
Exemptions Under The Proposed Federal Securities Code, James H. Cheek, Iii
Exemptions Under The Proposed Federal Securities Code, James H. Cheek, Iii
Vanderbilt Law Review
The policy of full, accurate, and continuous disclosure to investors embodied in the Securities Act of 1933 (1933 Act)' and in the Securities Exchange Act of 1934 (1934 Act) continues unfettered* Lecturer in under the proposed Federal Securities Code (the Code), but the provisions effecting that policy are consolidated and simplified. Under the Code, a company must register itself (not its securities) with the Commission after the first year-end at which it has at least one million dollars in total assets and three hundred holders of its aggregate, nonexempted securities or when the Code first requires it to file an …
Public Utility Holding Company Act Of 1935 -- Fossil Or Foil?, Douglas W. Hawes
Public Utility Holding Company Act Of 1935 -- Fossil Or Foil?, Douglas W. Hawes
Vanderbilt Law Review
The 1935 Act, like the Investment Company Act of 1940, is concerned primarily with regulation and does not emphasize disclosure, as does the Securities Act of 1933. Under the 1935 Act, unless an exemption is available, all holding companies whose subsidiaries are engaged in the electric utility business or in the retail distribution of natural or manufactured gas must register. Once registered, a holding company becomes subject to two principal kinds of provisions under the Act. The geographical integration and corporate simplification process mandated by section 11 (and sections 6, 7, 9, and 10, which are designed to prevent new …
Introduction: The Federal Securities Code -- Its Purpose, Plan, And Progress, Louis Loss
Introduction: The Federal Securities Code -- Its Purpose, Plan, And Progress, Louis Loss
Vanderbilt Law Review
The first generation of federal securities statutes, vintage 1933-40, has sprouted tentacles in so many areas of the American corpus juris that it is not easy to think of any field in which so much law-and lore-have been built on so flimsy a statutory base. The nineteen-page grandfather statute, the Securities Act of 1933, goes on, with a continually enhanced fertility that belies its years, to yield esoterica like the "140 series" of rules: professed "safe harbors" whose entrances are guarded by Cerberus atop Scylla and a bevy of Sirens cavorting in Charybdis. In the area of "fraud" that peripatetic …
Preamble, Herbert Wechsler
Preamble, Herbert Wechsler
Vanderbilt Law Review
As readers of the Review are undoubtedly aware, the American Law Institute was organized in 1923 as a permanent organization of lawyers, judges, and law teachers "to promote," as its charter recites, "the clarification and simplification of the law and its better adaptation to social needs." ...
Work on the Code began' in 1969 with Professor Loss as the Reporter, aided by consultants and advisers whose experience and expertise is equaled only by their high distinction in this field. Five tentative drafts have been printed in the years from 1972 to 1976 and a sixth, which now is off the …
The Securities And Exchange Commission And The Code, Ray Garrett, Jr., William B. Weaver
The Securities And Exchange Commission And The Code, Ray Garrett, Jr., William B. Weaver
Vanderbilt Law Review
Under the Federal Securities Code, the Commission's discretionary power will be restricted by the Code itself, by formal and informal congressional oversight, and by the Commission's traditionally judicious use of its powers. With these restraints, Congress should not be reluctant to grant to the Commission the new powers proposed in the Code. This article has concentrated on the balance between those new powers and the constraints on the Commission. It should be emphasized, as it certainly is elsewhere in this symposium, that the Code's changes of the Commission's responsibilities will enhance the Commission's ability to administer the securities laws fairly …
Products Liability--Liability Of Transferee For Defective Products Manufactured By Transferor, P. Anthony Lannie
Products Liability--Liability Of Transferee For Defective Products Manufactured By Transferor, P. Anthony Lannie
Vanderbilt Law Review
In the landmark decision, Greenman v. Yuba Power Products,Inc., , the California Supreme Court eliminated a similar barrier to consideration of products liability goals-the breach of warranty theory designed to meet the needs of commercial transactions. Justice Traynor addressed the central question-"When should the manufacturer be responsible to those injured by his products?"'-and concluded that "rules . . .that were developed to meet the needs of commercial transactions cannot properly be invoked to govern the manufacturer's liability to those injured by their defective products unless those rules also serve the purposes for which such liability is imposed."' Confronted with another …
Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.
Judicial Impeachments And The Struggle For Democracy In South Carolina, James W. Ely, Jr.
Vanderbilt Law Review
Judicial tenure had become a sensitive issue in the colonies before the American Revolution. Although the Act of Settlement of 1701 guaranteed tenure during good behavior for judges in England, this statute did not extend to the colonies, and royal governors regularly were instructed to issue judicial commissions at the pleasure of the Crown. Judges in New York briefly secured appointments for good behavior during the 1750's, but in 1761 the King in Council directed that henceforth no commission could be granted except at pleasure. In 1759 the Pennsylvania Assembly passed a measure providing that judges in that colony would …
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Diminished Capacity-Recent Decisions And An Analytical Approach, Robert P. Bryant, Corbin B. Hume
Vanderbilt Law Review
The concept of diminished capacity allows a defendant in a criminal case to prove, usually by presenting psychiatrists who testify that he suffered from an abnormal mental condition, that he was unable to entertain the particular mens rea required for conviction.' Although courts historically have been reluctant to admit such testimony, in recent years a growing number of jurisdictions have recognized the concept of diminished capacity. Recent decisions in Pennsylvania, the District of Columbia, and North Carolina, as well as recently adopted statutes in ten other jurisdictions,illustrate the evidentiary, social, and constitutional issues raised by the concept of diminished capacity. …
Antitrust Consequences Of United States Corporate Payments To Foreign Officials, James F. Rill, Richard L. Frank
Antitrust Consequences Of United States Corporate Payments To Foreign Officials, James F. Rill, Richard L. Frank
Vanderbilt Law Review
This Article examines the feasibility and desirability of marshalling section 2(c)' of the Clayton Act as amended by the Robinson-Patman Act and sections 1 and 2 of the Sherman Act against a practice having deep legal, political, and emotional significance in the United States and overseas. Difficult questions of jurisdiction and coverage are presented, as are major issues of public policy on what the role, if any, should be for these provisions.
The Continuing Presidential Dilemma, Thomas Blau
The Continuing Presidential Dilemma, Thomas Blau
Vanderbilt Law Review
The problems of the Presidency are not new. The transformation has occurred in the evaluation of such behavior and especially in the concept of the proper balance between the Presidency and Congress.Changing personalities in office may account for much of the evolution of the institutional critiques. Organizing the Presidency--much to Stephen Hess's credit--does not participate in the simplistic version of this dialectic. Despite having served on the staffs of two Presidents, he calls for a drastic diminution in the power of the White House staff in favor of its rival, the Cabinet. An effective Presidency, in his view,requires a more …