Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases--

Attorney and Client--Contingent Fee Contracts--Divorce Action

Corporations--Corporate Power--Contributions to Philanthropic Institutions

Corporations--Criminal Anti-Trust Action--Indemnification of Directors for Litigation Expenses

Evidence--Presumption of Law and Inference of Fact--Retrospective Presumption of Continuity

Federal Procedure--Class Actions--Discretion of Trial Court

Income Taxation--Deductions--"Ordinary and Necessary"--Expenses

Income Taxation--False Statements--Criminal Penalties

Labor Law--Arbitration Agreements--Specific Enforcement in Federal Courts

Military Law--Discharged Personnel--Power to Arrest for Serious Crimes

Military Law--Privilege Against Self Incrimination--Admissibility of Handwriting Specimen Obtained Involuntarily

Torts--Automobile Guest--Contributory Negligence as a Matter of Law

Workmen's Compensation--Employees' Altercations--Aggresso

Ucmj--Does It Work? Evaluation At The Field Level, 18 Months Experience, Chester Ward

Vanderbilt Law Review

Combat area experience of Naval units applying UCMJ in the Korean theatre is now available for appraisal. To foreshadow effects of the new code upon administration of Naval Justice under conditions of another world war, the Commander-in-Chief, U.S. Pacific Fleet, directed an on-the-spot survey of the impact of the Code upon all types of naval vessels in the Japan-Korea area. Included were nearly 100 ships, consisting of 9 large combat types, 38 destroyers or destroyer-escorts, 2 submarines, 22 transport and amphibious type and 12 mine-sweepers. The reactions to UCMJ produced through this CINCPACFLT survey are predominantly and primarily those of …

A Survey Of The Literature Of Military Law -- A Selective Bibliography, William C. Mott, John E. Hartnett Jr., Kenneth B. Morton

Vanderbilt Law Review

In this article the authors attempt to set out, within the space allotted to them, a consideration of the significant writings in the field of American military law --as they understand the term. Apparently, no similar attempt to construct such a bibliography has heretofore been made. To begin with, a definition of terms is important. Military law, in a broad sense, may be said to include martial law, military government, the law of war, and military justice. For purposes of this article, military law is the exercise of military jurisdiction "by a government in the execution of that branch of …

The Court Of Military Appeals -- Its History, Organization And Operation, Daniel Walker, C. George Niebank

Vanderbilt Law Review

When a civilian "supreme court" for the review of court-martial convictions was first proposed in Congress, it evoked immediate, vociferous and emotional reactions from those most directly concerned with military criminal law. Vigorous opposition came from the traditional militarist, who argued that there was no place for civilians in a military procedure, and that creation of such a court would place unnecessary emphasis on civilian influence. It was said that military effectiveness would be unduly restricted and that the nonmilitary mind would not be able to appreciate fully the military problems often involved in court-martial cases. Some of these officers …

The Boards Of Review Of The Armed Services, Roger M. Currier, Irvin M. Kent

Vanderbilt Law Review

To most attorneys not having been directly associated at some time with the Armed Forces of the United States, the words "boards of review" mean little. Perhaps at the outset it would serve to clarify the matter if each attorney, when thinking of "boards of review," would substitute in his mind the words "courts of appeal" as those words are understood in the federal judicial system. The boards of review can be aptly analogized to our federal courts of appeal because for the bulk of serious cases which arise in the Armed Forces, review by a board of review is …

"Military Due Process": What Is It?, Seymour W. Wurfel

Vanderbilt Law Review

On November 27, 1951, the United States Court of Military Appeals, then some five months old, fashioned in the Clay case' what is characterized as a label. It embellished this label with quotation marks at least twice in the course of the opinion. This label, which was, in the language of the Court, used "for lack of a more descriptive phrase,"was "military due process." This, and later use of the term by the Court in other opinions, has caused some students of military law to speculate as to whether there is occurring the emergence of a new doctrine of law. …

A Comparative Study Of Military Justice Reforms In Britain And America, Robert S. Pasley Jr.

Vanderbilt Law Review

The Articles of War and the Rules for the Government of the United States Navy which were adopted by the Continental Congress in 1775 were patterned after the corresponding military and naval codes in effect at the time in Great Britain.' Since their initial adoption, they have each been amended on several occasions, and have finally been brought together into a single set of articles known as the Uniform Code of Military Justice, enacted in 1950. Similarly, the British statutes and procedures relating to military justice have been revised from time to time, most recently as a result of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Constitutionality of Group Libel Statute

Federal Employers Liability Act--Liability for Employment of Man with Violent Tendencies

Federal Jurisdiction--Diversity Jurisdiction and the Multi-State Corporation

Federal Jurisdiction--Erie Railroad Doctrine Extended to State-Created Rights Arising under Special Federal Question Jurisdiction

Labor Law--Picketing--Injunction against Breach of Bargaining Agreement

Landlord and Tenant--Exculpatory Agreement--Effect on Right of Subrogation of Landlord's Insurer

Military Law--Failure to Instruct as Prejudicial Error

Military Law--Infiltration of Command Influence as General Prejudice

Trusts--Distribution of Stock Dividends between Life Tenant and Remainderman

Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)

Vanderbilt Law Review

Military Justice under the Uniform Code

By James Snedeker

Boston: Little, Brown and Company, 1953. $15.00.

reviewer: Reginald C. Harmon

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Conscription of Conscience

By Mulford Q. Sibley and Philip E. Jacob

Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.

reviewer: A. B. Butts

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Theft, Law and Society

By Jerome Hall

Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.

reviewer: Rollin M. Perkins

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Freedom of the Press in England 1476-1776

By Fredrick S. Siebert

Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.

reviewer: Stanley D. Rose

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Wage-Hour Law: Coverage

By Heiman …

The Background Of The Uniform Code Of Military Justice, Edmund M. Morgan

Vanderbilt Law Review

The Articles of War and the Articles for the Government of the Navy have always constituted the code of criminal law and criminal procedure for the Armed Forces. In contrast to the law governing civilians, the punishments imposable are not specified in the Code but are left to be fixed by the military authorities, except that the later codes do not authorize punishment by death save for specifically designated offenses. The system also provides for summary punishment for minor infractions and a series of courts--a general court having power to try all offenses, a special court with limited power to …

Foreword: Comments By The Court, Robert E. Quinn

Vanderbilt Law Review

The United States Court of Military Appeals has been referred to as the "most vital element" in the reformation and unification of military criminal law brought about by the Uniform Code of Military Justice. It represents a further extension of civilian control over the military--a concept long deemed vital to the American framework of democratic government.

The Court is not faced with an easy task, and no one is more aware of this than the judges themselves. Like all institutions established as a result of reform movements, its activities are subject to close public scrutiny. The work of the Court …