Law Commons^™

Medico-Legal Considerations Of Trauma And Other External Influences In Relationship To Cancer, William O. Russell, R. Lee Clark Jr.

Vanderbilt Law Review

Cancer is the term used by physicians and laymen to describe a common malignant disease of man and animal. It occurs in nearly as many different forms as there are types of tissue in the body. Each cancer type usually has its own biological behavior which may vary remarkably in different persons. In the United States, cancer is the second leading cause of death.' At the present time, more money is being spent for research, diagnosis and treatment of cancer than for any other single disease. There are sixteen medical journals publishing articles related solely to neoplastic disease and five …

Intervertebral Disc Injuries In Workmen's Compensation, Larry A. Bear

Vanderbilt Law Review

No lawyer regularly involved in workmen's compensation litigation can do a worthwhile job for his client unless he has a comprehensive and intelligent acquaintance with all branches of medicine. In the ordinary course of his practice, the workmen's compensation lawyer must deal with all types of industrial diseases, and even with disorders in the field of neurology and psychiatry.' Familiarity with a variety of medical conditions is made necessary because of such basic medico-legal problems as causation, involving the industrial or non-industrial origin of the disability at issue, dilration and the like. Of all the industrial injuries with which the …

Medico-Legal Aspects Of The Nervous System As A Functioning Unit Of The Body, F. Keith Bradford, Hubert W. Smith

Vanderbilt Law Review

We have had the pleasure of working together in recent years on Law-Science problems. During that time we have become increasingly convinced that it is necessary for trial lawyer and scientist alike to think of the human being in terms of the nine main organ systems,'reserving a tenth category for the field of personality as the latter represents a synthesis of component structures and functions into variable reaction and behavior patterns. An injury or disability may involve impairment or destruction of an an atomic member or of physiological function; it may involve effects on personality, or psychic values, alone, without …

Some Legal Questions Arising Out Of The Use Of Parking Meters, Law Review Staff

Vanderbilt Law Review

Few and fortunate are the sizeable cities in this country that have yet to meet the problem of providing sufficient parking places for the increasing number of automobiles that utilize their streets and highways.' For most cities the problem is an acute one. Some indication of its perplexity can be ascertained from a glance at the number of cities that have resorted to traffic commissions, studies and boards to seek a solution. If there is a solution to this problem, the traffic survey reports indicate that it lies in more extensive traffic control measures, rigidly enforced.

This note is intended …

Book Reviews, Irving Dilliard, Stanley D. Rose, Walter P. Armstrong Jr., Reginald Parker

Vanderbilt Law Review

The States and Subversion Walter Gellhorn, Ed. Ithaca: Cornell University Press, 1952. Pp. vii, 454. $5.00

reviewer: Irving Dilliard

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Freedom through Law

By Robert L. Hale New York: Columbia University Press, 1952. Pp. xvi, 591. $7.50

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The Group Basis of Politics--A Study in Basing-Point Legislation By Earl Latham New York: Cornell University Press, 1952. Pp. ix,244. $3.75

reviewer: Stanley D. Rose

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Richards on Insurance, Fifth Edition By Warren Freedman New York: Baker, Voorhis & Co., Inc. 1952. Pp. xxvii, 2692. $50.00

reviewer: Walter P. Armstrong, Jr.

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The Theodosian Code and Novels and the Sirmondian Constitutions: A …

Books Received, Law Review Staff

Vanderbilt Law Review

CONDUCT OF JUDGES and LAWYERS

By Orie L. Phillips and Philbrick McCoy

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CRIMINAL JUSTICE.

By Orvill C. Snyder

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FREEDOM OF THE PRESS IN ENGLAND 1476-1776

By Frederick Seaton Siebert

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FREEDOM THROUGH LAW

By Robert L. Hale

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HISTORY OF AMERICAN BAR ASSOCIATION

By Edson R. Sunderland

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HISTORY OF A LAWSUIT

By Abraham Caruthers

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HOLMES-LASKI LETTERS

by Mark DeWolfe Howe

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LEGAL EDUCATION IN THE U. S.

By Albert J. Harno

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LIFE INSURANCE AND ESTATE TAX PLANNING

By William J. Bowe

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NACCA LAW JOURNAL

By the National Association of Claimants' Compensation Attorneys

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PSYCHIATRY …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

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 …

Enforcement In One Jurisdiction Of Right To Compensation Under Workmen's Compensation Act Of Another Jurisdiction, J. L. Boren Jr.

Vanderbilt Law Review

Since the introduction of workmen's compensation laws in this country, problems of conflict of laws have been rife. This condition has continued despite the universal adoption of such legislation, because the enactments of the various states differ. State legislatures have varied as to the bases of coverage written into their statutes. Frequently, the terms of more than one workmen's compensation law express coverage of a particular injury. Consequently, problems of the law applicable to a given injury have arisen in many cases and have been widely treated by legal writers.' It is not the purpose of this Note to delve …

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 …

Recovery Of Damages For Mental Anguish Alone In Breach Of Contract Actions, Law Review Staff

Vanderbilt Law Review

Before the late 1800's it undoubtedly would have been contrary to law to assert that damages for mental suffering might be allowed in breach of contract actions. However, near the beginning of the Nineteenth Century a few courts made what was considered to be a serious departure from the common law and allowed such damages in certain types of cases. The passing of years has brought about considerable, though incomplete, development in this phase of the law. Not only have legal writers failed to give this development the comment which its significance warrants, but the courts have failed to indicate …

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 …

Book Reviews, Harold W. Holt (Reviewer), Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)

Vanderbilt Law Review

Marital Property in Conflict of Laws By Harold Marsh, Jr. Seattle: University of Washington Press, 1952. Pp.

reviewer: Harold Wright Holt

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Life Insurance and Estate Tax Planning By William J. Bowe Nashville: Vanderbilt University Press, November 1952 Revision. Pp. 109.$2.10

reviewer: Harold G. Wren

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Caruthers' History of a Lawsuit Seventh Edition by Sam Gilreath Cincinnati: The W. H. Anderson Company, 1951. Pp. 1088. $17.50.

reviewer: Walter Chandler

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Legal Status of the Tenant Farmer in the Southeast By Charles S.Mangum Chapel Hill: University of North Carolina Press, 1952.Pp. viii, 478, $7.50.

reviewer: Harold W. Hannah

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 …

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. …

Habeas Corpus And Court-Martial Prisoners, James Snedeker

Vanderbilt Law Review

The origin of habeas corpus is lost in the mists of history. The leading idea, deliverance by summary legal process from illegal confinement, was present in the laws of countries in existence prior to the beginning of the English law and in other countries which derived none of their principles of jurisprudence or rules of procedure from English law. It was known to Roman law and to old Spanish law. It was recognized by the Magna Charta in 1215, although such recognition was probably not a primary purpose of the barons in forcing King John to sign that document. The …

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 …