Law Commons^™

Economic Aspiration And Method, Jesse W. Markham

Vanderbilt Law Review

The topic I have chosen concerns the changing nature of organized economic enterprise, especially its social and legal environment. By organized economic enterprise I shall mean any economic entity in which decision-making is essentially composite rather than individual, of which business corporations and labor unions are the most obvious and, in terms of impact on the total economy, the most important. But by the criterion employed--decisions are essentially composite rather than individual--the average household consisting of at least one wife and husband surely falls within its ambit. Nor do I mean to imply that organized economic enterprise can be assessed …

Law And The Dilemma Of Stability And Change In The Modernization Process, Lucian W. Pye

Vanderbilt Law Review

Even as a student of comparative politics my interests have led me more to analyzing the newly developing countries, countries which often appear to be impervious to principles about the rule of law. Out of this awareness of my limitations for this occasion, I have chosen as my theme what I feel to be a significant paradox about the role of law in the modernization process which is now engrossing the energies of the underdeveloped countries of Asia, Africa, and the Middle East. Boldly stated, this paradox is that historically, when Western law was introduced into traditional societies with the …

Stability And Change In Procedure, Charles E. Clark Honorable

Vanderbilt Law Review

The invitation to participate in a symposium on Stability and Change Through Law, with stress upon procedure and its capacity to respond to the social and economic needs of the times, is one I have found difficult to decline. The historic and centuries-old lag in procedural advance, the great resurgence of the last quarter century, the extensive present achievements, and the vital needs for the future now apparent make this, in my judgment, the most fascinating and challenging branch of the law. And this is true, whether one looks to the law school curriculum or to the framing of judicial …

Book Review, W. N. Ethridge, Jr. Honorable

Vanderbilt Law Review

The consummation of Llewellyn's particular interest in the craft of appellate judging was his classic The Common Law Tradition: Deciding Appeals, which he completed in 1960. After reading it,no appellate judge could decide a case or write an opinion without being affected to some extent by Llewellyn's method and criteria. He conceived of law as the product of a rational process. The traditional dichotomy of reason and experience are reconcilable by development of legal methods in a rational framework. This technique clarifies and supports the sociological jurisprudence of Holmes, Cardozo, and Brandeis.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Recent Case Comments --

Accounting--Return To Be Allowed Utilities on Deferred Tax Reserves Instituted in Connection with Accelerated Depreciation Methods

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Conflict of Laws--Torts--Repudiation of Place of Injury Rule

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Constitutional Law--Due Process--Juvenile Court Proceeding a Bar to Subsequent Criminal Trial for the Same Act

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Family Law--Divorce--Insanity as a Defense to Action--for Divorce on the Ground of Cruelty

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Labor Law--Unemployment Compensation-Status of Laid-Off Worker Under No--Strike Clause

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Real Property--Future Interests--Valuation of Possibility of Reverter

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Taxation--Federal Income Tax--Deductibility of Contingent Witness Fees

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Torts--Warranty--Relation of Foreseeability of Risk to the Implied Warranty of a Cigarette Manufacturer

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Legal Institutions And Social Controls, Philip Selznick

Vanderbilt Law Review

When the architects of this program asked me to discuss non-legal social controls, I assume they had in mind the need for greater humility within the legal profession. So proud an occasion as this calls for sober reflection on the limits of the distinctively legal-on the contingent, derivative, and partial place of formal adjudication and control within the larger ordering of human society. I have no objection to communicating such a perspective, there by adding an appropriate note of piety to these proceedings. Nevertheless, I think it may be more important for us to consider some of the great social …

Legislation, Law Review Staff

Vanderbilt Law Review

Admission to the Bar--Legal Profession--Residence Requirements for Student Applicants to the Bar

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Corporations--Bylaws--Allocation of Power Between Shareholders and Directors

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Courts--Administration of Justice--Restricting the Appellate Jurisdiction of Courts of Last Resort

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Nonprofit Corporations--Definition

Technology, Prediction, And Disorder, Albert Wohlstetter

Vanderbilt Law Review

The topic assigned to me joins in a familiar way science and technology. Not long ago this would have been irritating to pure scientists,and in particular to someone studying abstract mathematics. The connection is appropriate, however, because science is not very pure. Even mathematical logic turns out, to the surprise of most of those practicing it twenty years ago, to be very useful in electronic brains. Science and technology have always been linked; and inseparably. As both Leonardo and Francis Bacon at the dawn of the age of science knew very well, knowledge is not only understanding and therefore good …

The Behavioral Sciences, Stability, And Change, Donald Young

Vanderbilt Law Review

Estimation of the potential contribution of behavioral research to social stability and social change may be attempted only in over-simplified terms. The necessary simplification here will be accomplished by considering the core behavioral sciences alone, by taking the position that social stability and change are two aspects of a single social process, by assuming that the problem is not whether behavioral research can contribute to understanding of that process but how the contribution best may be made, and by limiting illustrative references mainly to the medical and legal fields.

The Dedication, Harvie Branscomb Chancellor Emeritus

Vanderbilt Law Review

This is a day of rejoicing for all of those who love this University, for those who know the quality of this School, and for those who are aware of the role which a great school of law can play in the progress of this southern region. We are grateful to all of you for coming to help us celebrate this accomplishment, especially grateful to those of you who bring greetings from other schools of law, and for those of you who have had a part in this program and will have a part in it this morning. This day …

The Role Of Law And The Function Of The Lawyer In The Developing Countries, Wolfgang G. Friedmann

Vanderbilt Law Review

In the majority of contemporary democratic societies, the role of the lawyer is important, in some cases (such as the United States) predominant. This is so partly because a democratic constitution and legal order--for all the differences between the various types of democracy--are based on a delicate and precarious balance of functions and powers, which makes the role of the lawyer, as a trained balancer, important. But it is also connected with the fact that in the formative era of modern democracies, especially throughout the nineteenth and early twentieth centuries, the predominant economic philosophy of democracy was that of laissez …

Stability And Change In Constitutional Law, Jerre S. Williams

Vanderbilt Law Review

This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound's famous dictum, "law must be stable and yet it cannot standstill," is not …

Challenge And Response In Family Law, Max Rheinstein

Vanderbilt Law Review

The invitation to write for this symposium on Stability and Change Through Law a short article about challenges and responses in the field of family law has been a challenge. I accepted it hesitatingly. The time limit allowed was too short to permit investigation or elaboration. However, it has given me an opportunity to express some judgments I have come to form in some thirty years of occupation with family law. With one exception all these judgments are based on general impression rather than systematic incisive research. A topic on which extensive research has been undertaken is that of divorce; …

The Contribution Of Professional Organizations To Stability And Change Through Law, Glenn R. Winters

Vanderbilt Law Review

The term "stability" pertains more directly to the physical sciences than to law. Offhand, one associates stability with rest and instability with motion. Gibraltar is stable; a rowboat in rough water is not.There can be, however, stable motion and precarious rest. The earth moves at more than a thousand miles a minute in a stable orbit, and a railroad train thundering down a smooth and level track at ninety miles an hour may have a high degree of stability. On the other hand, the mass of rock and earth that recently plunged into the water behind an Italian dam killing …

The Lawyer's Response To The Demand For Both Stability And Change Through Law, Orison S. Marden

Vanderbilt Law Review

We need not worry about the lawyer's response to the need for stability in the law. The average lawyer is a conservative chap who does not favor change unless the need for it has been proved to the hilt.Nor need we tender full apologies for this hardheaded attitude, for,as Judge Cardozo once said, "certainty and uniformity are gains not lightly to be sacrificed. Above all is this true when honest men have shaped their conduct upon the faith of the pronouncement." At times, however, we have allowed these considerations, important as they are, to outweigh even more compelling reasons for …

On Legal Stability And Change, Edwin W. Patterson

Vanderbilt Law Review

The paradox, "law must be stable and yet it cannot stand still,"expresses one of the basic metaphysical aspects of law. Is law a Being or a Becoming? Some would answer this question by saying that the law is always a Becoming, a part of the eternal flux of human actions and conditions. It is impossible, they may say, to enclose the law in a logical system of norms, however well sanctioned. The important things, then, are the motivations of the persons who effectuate legal change (assuming these persons can be pointed out, which is not always the case) or their …

Some Developments In Conflict Of Laws, Elliott E. Cheatham

Vanderbilt Law Review

The economy and the social systems of our country are national in character. From Maine to California, and now on to Hawaii and Alaska, goods and people move freely. The legal systems, in contrast, make a checkerboard, with each of the fifty states having its own laws and courts. In the international area, there is a distant parallel. South and west of the iron curtain there is increasing movement of goods and people across national frontiers, but the nations continue to cherish their legal differences. It is the responsibility of conflict of laws to deal with the interaction of the …

The Creative Power And Function Of Law In Historical Perspective, Harry W. Jones

Vanderbilt Law Review

The creative work of legislators, administrators, judges, and practicing lawyers is far more than a "response" to social change. Through-out recorded history, law itself has been one of the greatest of the forces of social change. Change and stabilization are, as Donald Young has reminded us, part of the same social process, and law is at the heart of that process. Let us concede, and readily, that the command theories of law embodied in the writings of Bodin, Hobbes, and Austin exalted unduly the pervasiveness of law's imperatives as the controlling influence on the behavior of men in society. At …

Stability And Change In Constitutional Law, Robert B. Mckay

Vanderbilt Law Review

Constitutional law, like other law, is rooted in the conservative tradition of the legal system as a whole and thus more willingly pays court to the muse of history and the force of precedent than to the muse of sociology and the demand for revision. It is therefore not surprising that lawyers read constitutions as law, in the ordinary meaning of that word, and that judges apply constitutional provisions as they do other law...

The Constitution of the United States was not cast in legal mold by accident, but by design that was itself the product of ineluctable history. A …

The Educated Citizen's Responsibility In An Age Of Change, John F. Kennedy

Vanderbilt Law Review

Many things bring us together today. We are saluting the ninetieth anniversary of Vanderbilt University, which has grown from a small Tennessee university and institution to one of our nation's greatest, with seven different colleges, and with more than half of its 4,200 students from outside of the State of Tennessee. And we are saluting the thirtieth anniversary of the Tennessee Valley Authority, which transformed a parched, depressed, and flood-ravaged region into a fertile, productive center of industry, science,and agriculture. We are saluting-by initiating construction of a dam in his name--a great Tennessee statesman, Cordell Hull, the father of reciprocal …

Legal Education And The Demands For Stability And Change Through Law, John W. Wade

Vanderbilt Law Review

Our theme for this dedication program is "Stability and Change Through Law." The general plan has been to give consideration, first, to the demands made upon law and legal institutions to meet the basic social needs for security and order and to reach out toward the fuller realization of national ideals, while adapting to the stresses brought on by science, technology, and changing political, economic,and social patterns; and second, to the responses of law and legal institutions to these demands. The treatments of the law's response considered not only what has been done in the past and what is being …

The General Structure Of Law Applicable To Employee Injury And Death, Ben F. Small

Vanderbilt Law Review

The author here shows how the failure of the common law to cope with the problem of industrial injury led to the passage of workmen's compensation legislation. After examining the basic structure of that legislation, he turns to an extensive discussion of the problems of federal preemption and the interrelation of workmen's compensation with other wage loss programs (including a comparison with the British system). In conclusion, he catalogues the criticisms of the present system, and suggests that the area is ripe for further action by the federal government.

Book Reviews, Walter P. Armstrong, Jr., Robert N. Covington, Louis Smigel

Vanderbilt Law Review

It is refreshing to find among the myriad of volumes on trial practice published in recent years one which neither assumes that cases are tried in an emotional vacuum, where nothing but concrete facts and abstract propositions of law can influence the jury, nor deteriorates into a personal reminiscence on the part of the author of past court-room victories with the simple instruction to the reader to go and do likewise. Obviously a widely experienced courtroom practitioner, Mr.Gazan seldom utilizes that background directly for purposes of illustration; rather he draws from it general propositions applicable to courtroom procedure, which he …

Trial Practice And Tactics In Employee Injury Cases -- The Defendant's Viewpoint, Don M. Jackson

Vanderbilt Law Review

Due to the liberal construction that courts give workmen's compensation statutes, the employer has heavy odds against him in most cases. Nevertheless, the author concludes, defense counsel should not despair. Hard work and proper preparation will still yield handsome rewards, especially in those cases in which the principal issue is the nature and extent of disability.

Third-Party Liability And Adjustments Between Different Employers And Insurance Carriers In Tennessee, William J. Harbison

Vanderbilt Law Review

In this article the author discusses the Tennessee law as to the relative positions of employers and third party tort feasors in workmen's compensation situations. After discussing the employer's right to subrogation to his employee's right of action, the employer's right to a lien on any recovery in such an action, and the right of the third party to indemnity from the employer, he concludes by treating the problem of joint and successive employers, taking special note of the heretofore untapped resources of the Tennessee Second Injury Fund.

Covered Employment And Compensable Injury Concepts In Tennessee, Robert N. Covington

Vanderbilt Law Review

This article surveys the existing law of Tennessee applicable to the problems of determining what is covered employment and what constitutes a compensable injury. The survey indicates no radical differences between the law of Tennessee and that of most American jurisdictions,although there are a few troublesome problems in particular areas, such as the "Act of God" and "positional risk" cases.

The Law Of Workmen's Compensation And Employers' Liability: A Selected List Of Materials 1950-1963, Cyril L. Mcdermott

Vanderbilt Law Review

Professor McDermott has compiled in this article a comprehensive reference guide to the materials of workmen's compensation law. In addition to general works, current specialized sources are arranged by jurisdiction for easy reference.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Some Recent Developments In The Substantive Law Of Workmen's Compensation, Wex S. Malone

Vanderbilt Law Review

After setting out the factors which make for change in the compensation structure, the author goes on to discuss three problem areas in which that change is clearly visible: distinguishing between employees and independent contractors, determining tho rights of a borrowed employee, and deciding whether an accident arose out of the employment. He concludes that the law of workmen's compensation is developing in consonance with the social philosophy which underlies it.

Workmen's Compensation And The Social Security Disability Program: A Contrast, Arthur Abraham, Irwin Wolkstein

Vanderbilt Law Review

Recently, concern has been expressed that the federal disability insurance program may expand and engulf state workmen's compensation systems; legislation aimed at eliminating this possibility has been introduced in Congress. The authors attempt in this article to shed some light on the controversy; after describing the various disability protection programs, they turn to a detailed discussion of the overlap, interrelationship, and differences between the protection offered by the federal social security and state workmen's compensation programs. They conclude by discussing the arguments which can be made both for and against an "offset" provision in the social security law.