Law Commons^™

Paralegals: Should The Bar Employ Them?, Theodore Voorhees

Vanderbilt Law Review

In its campaigns against trust companies, banks, title companies,real estate agents, and accountants, the bar has loftily rested its unauthorized practice challenges on protection of the public interest by claiming that lay personnel lack the trained legal skills of the lawyer. On the other hand, counsel who have represented the targets of these attacks have maintained that the bar has been largely guided by self-interest arising from concern over the profession's loss of work as the public has tended more and more to accept the services of the lay practitioners...At the root of the problem, the bar's loss of legal …

The Education Of Legal Paraprofessionals: Myths, Realities, And Opportunities, William P. Statsky

Vanderbilt Law Review

The response to the challenge of training legal paraprofessionals is in a state of disarray. This is due not so much to poor planning on the part of the trainers as it is to the inherent difficulty of designing a training program for a role that as yet has no clear boundary lines. On the one hand, this difficulty invites the trainer to give full rein to his imagination in breaking new ground, but on the other hand, the instability in the area has been sufficiently great to scare off would-be participants from a much needed dialogue about how to …

The Legal Paraprofessional: An Introduction, Elliott E. Cheatham

Vanderbilt Law Review

In this country, persons who have not been admitted to the bar are widely used in law offices. In fact, A Lawyer's Handbook, edited by the American Bar Association's Committee on the Economics of Law Practice, devotes an entire chapter to the nonlawyer employee. Investigators and accountants are common and legal secretaries are universal. There are pressing questions on what more should be done to utilize laymen in making legal services available. This issue of the Vanderbilt Law Review considers the paraprofessional in law. The Symposium opens with an article by Mr. William P. Statsky. In his discussion, The Education …

Parajudges And The Administration Of Justice, Tom C. Clark

Vanderbilt Law Review

The parajudge idea, like the paramedical and paralegal proposals, has met with opposition. Many persons have objected on the ground that since the judiciary's work has become increasingly complex and specialized, it is foolish to expect a nonprofessional with less training to handle it properly. On the other hand, many persons have raised more pragmatic objections based upon the argument that past parajudge systems have, regardless of the reasons, led to inadequate adjudication without reducing the strain on the judiciary. To evaluate these criticisms, we must first understand both the desperate condition of our judicial system today and the most …

Preventive Law And The Legal Assistant, Louis M. Brown

Vanderbilt Law Review

An examination of paraprofessionalism may begin with an evaluation of society's need for legal services, a need that is not always obvious,nor indeed even recognized by the general public.' One area in which the provision of legal services to all but the most wealthy clients is notably deficient is that of preventive law. This kind of legal practice seeks to help individuals regulate their activities to avoid legal trouble, in contrast to the litigating aspect of law that comes into play only after a dispute has developed. Since the practice of preventive law requires the use of specialized tools and …

Recent Developments In The Law Relating To The Physician's Assistant, Alfred M. Sadler, Jr., Blair L. Sadler

Vanderbilt Law Review

The potential source of physician's assistants is enormous. In addition to the frequently cited Vietnam medic, many highly intelligent, motivated individuals could be attracted to these training programs. For example, in 1970, 24,987 people applied to medical schools although there was space for only 11,348. According to the Association of American Medical Colleges, as many as one-half of the remaining 13,639 were "fully qualified" to become physicians, and many probably would be eager and able to deliver excellent primary health care as a physician's assistant if given the opportunity. Many of the 650,000 registered nurses "in retirement" might be induced …

Legal Paraprofessionalism And Its Implications: A Bibliography, Lester Brickman

Vanderbilt Law Review

If access to legal services is thus essential for the attainment of democratic values, then the efficacy of the legal delivery system is of supreme importance. Much has been written examining the inefficiency of present methods of law practice as a means of conveying services to the consumer,' and still more written decrying the shortage of basic legal services for the poor and for the middle class.' In response to this criticism and as a way of meeting other needs, the profession is trying such new delivery systems as group legal services, prepaid legal insurance, and specialized practice. Additionally, there …

Book Review, Lyman R. Patterson

Vanderbilt Law Review

A revolution wrought by judges with the pen is more rare than one carried out by citizens with arms. The Warren Court did make a revolution--"the due process revolution," as the-- author calls it--and it is this transformation in our law that is the subject of Fred Graham's book, The Self-Inflicted Wound. The wound referred to in the title is Miranda v. Arizona,' in which the Supreme Court of the United States held that before the police can interrogate an accused in custody, they must warn him that he is entitled to a lawyer and that anything he says may …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Section 1983--Municipality Subject to Section 1983 Damage Suit if Local Law Recognizes Municipal Liability

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Constitutional Law--Citizenship-Statute that Conditions Retention of United States Citizenship upon Residency Requirement Is Constitutional When Citizenship Is Not Protected by the Fourteenth Amendment Citizenship Clause

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Constitutional Law--Equal Protection --School Financing System that Substantially Relies on Local Property Tax Violates Equal Protection Clause

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Constitutional Law--Freedom of Speech--A Per Se Banon All Editorial Advertisements by a Broadcast Licensee Violates the First Amendment

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Constitutional Law--Jury Trials in Juvenile Court--Juveniles in Delinquency Proceedings Not Constitutionally Guaranteed the Right to a Jury Trial

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Constitutional Law--Search …

Legal And Policy Conflicts Between Deed Covenants And Subsequently Enacted Zoning Ordinances, Wade B. Perry, Jr.

Vanderbilt Law Review

With increasing frequency, the real estate lawyer is confronted with the need to determine the effect of a newly enacted zoning ordinance upon the enforceability of prior restrictive covenants affecting property in the zoned area. If the enforceability of the covenant is cut off by the ordinance, the further question arises whether the city must compensate the landowner for interfering with his property rights. Existing rules provide largely unsatisfactory answers and conclusions reached do not always reflect the balancing of public against private interests fundamental to all zoning. Moreover, new types of zoning regulations have been found to generate conflicts …

The Delaney Anticancer Clause: A Model Environmental Protection Law, James S. Turner

Vanderbilt Law Review

In October 1969, the artificial sweetener cyclamate was banned from sale in the United States by Secretary of Health, Education, and Welfare Robert Finch. To justify his action legally Finch chose to rely'on the so-called Delaney Anticancer Clause of the Food, Drug, and Cosmetic Act of 1938. Consequently, the Delaney Clause, with its requirement that any substance producing cancer in animals be removed from the American food supply, became an immediate center of controversy. The Secretary himself criticized the Clause as an undue restriction on administrative decision making and as an unscientific limitation on scientific discretion.

Successorship And Collective Bargaining Agreements In Business Combinations And Acquisitions, Richard G. Vernon

Vanderbilt Law Review

Mergers, consolidations, and purchases of assets are important and frequent business transactions in our economy' and involve a great deal of planning and negotiating by the enterprises concerned. Until recently,the rights of employees and their representative labor unions generally were not considered to be a factor in these plans. In 1964, however, the Supreme Court, in John Wiley & Sons, Inc. v. Livingston, held that common law privity-of-contract principles, which lower courts traditionally had invoked to preclude survival of employees' rights, did not necessarily apply to collective bargaining agreements. Wiley was a nonunion corporation that had merged with a smaller …

Section 60c Of The Bankruptcy Act: Inadequate Protection For The Running Account Creditor, E. Hunter Taylor, Jr.

Vanderbilt Law Review

Although the unsecured creditor long has occupied a precarious position, the widespread passage of article 9 of the Uniform Commercial Code has created additional perils for him by making virtually all of his debtor's assets available to a secured lender.' The Bankruptcy Act, while not so one-sided, also contains snares and pitfalls for the unsecured creditor. One potential trap is contained in the seemingly straightforward declaration of section 60c... This article focuses upon, and proposes a means for the elimination of, the unnecessary paradoxes implicit in section 60c's treatment of an unsecured creditor who extends continuing credit to a debtor …

Law Reform And Law For The Layman: A Challenge To Legal Education, Walter Barnett

Vanderbilt Law Review

Most of the current debate over academic neutrality has centered on whether the university as an institution--the faculty and students as a corporate body--should take formal positions on political issues, such as the war in Vietnam. This article will address the related, but perhaps more mundane, question whether law professors should take a more active role in providing legal services to government and to the public when this activity might provoke attacks on academic freedom. Traditionally, law professors who have sought to serve society in ways other than educating lawyers have engaged in the following five extramural activities:' (1) The …

Section 355'S Active Business Rule--An Outdated Inefficacy, John A. Stemmler

Vanderbilt Law Review

In order to delineate the problems inherent in the active business rule, this Note first will examine the legislative history of tax-free separations, isolating the primary purpose and policy of section 355. Regulatory and judicial interpretations of section 355 will also be analyzed to determine their propriety in light of the statute's purpose and to illustrate the confusion that exists in the area. This, in turn, will lead to a suggested approach for dealing with section 355 transactions in the future.

Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …

Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge

Vanderbilt Law Review

Books Reviewed:

The Supreme Court and the Idea of Progress

by Alexander M. Bickel

New York: Harper & Row, 1970. Pp. xii, 210. $6.50.

Politics, the Constitution and the Warren Court

By Philip B. Kurland Chicago

University of Chicago Press, 1970. Pp. xxv, 222.$9.75.

Reviewer: Francis X. Beytagh, Jr.

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Books Reviewed:

Politics of Southern Equality: Law and Social Change in a Mississippi County

By Frederick M. Wirt

Chicago: Aldine Publishing Co., 1970. Pp. 335. $10.00.

reviewer: Robert L. Carter

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The Apportionment Cases

By Richard C. Cortner Knoxville: University of Tennessee Press, 1970. Pp. ix. 283. $10.00.

reviewer William …

Book Reviews, Francis E. Barkman, Stephen Gorove

Vanderbilt Law Review

An Anatomy of Values: Problems of Personal and Social Choice

Charles Reich, of Yale Law School, has given us a vision of a whole new society in The Greening of America. Charles Fried, of Harvard Law School, has more limited objectives in An Anatomy of Values: Problems of Personal and Social Choice. He is content for the moment to examine the nature of a rational end and, in light of this analysis, to discuss limited aspects of traditional ends such as morality and justice.

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The Law Relating to Activities of Man in Space:

This book may be regarded as …

The Newsmen's Privilege Against Disclosure Of Confidential Sources And Information, Harold L. Nelson

Vanderbilt Law Review

When the barrage of subpoenas began in early 1969, statutes of some states recognized an evidentiary privilege of journalists not to reveal confidential sources. In April 1970, the possibility of an additional protective avenue opened when the United States District Court for the Northern District of California granted constitutional protection under the first amendment's freedom of the press clause. By March 1971, this decision had been upheld and extended; the highest courts of three states had ruled upon the claim to constitutional protection with widely divergent results; and at least three petitions had been filed for Supreme Court review of …

Current Remedies For The Discriminatory Effects Of Seniority Agreements, Irving Kovarsky

Vanderbilt Law Review

This article focuses primarily upon the remedies that can be used to reconcile the preservation of legitimate objects of a seniority system with equal treatment for black workers. To provide a historical perspective demonstrating the need for these remedies, the article initially will describe the availability of relief against discriminatory seniority agreements under federal labor legislation. The article will then examine available remedies under Title VII of the Civil Rights Act of 1964 and under recent interpretations of the Civil Rights Act of 1866. In the concluding section, possible ways to utilize existing remedies to combat more effectively the discriminatory …

The Energy Crisis: The Need For Antitrust Action And Federal Regulation, P. Scott Dye, Samuel H. Gillespie, Iii, Steven P. Howard, Franklin M. Tatum

Vanderbilt Law Review

The energy industry faces a crisis--an energy shortage that may not be alleviated for a number of years. Unlike the transitory regional supply shortages of the past, the present crisis is far more pervasive,threatening the industrial and economic progress of the nation. Authorities have predicted that this energy gap, spurred on by the convergence of a variety of circumstances affecting the delicate balance of supply and demand, will have collateral consequences that stagger the imagination, including sharp buyer competition for scarce fuel supplies and spiraling consumer prices for basic fuel services. The very existence of the crisis raises many grave …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …

Criminal Law And Population Control, Kent Greenawalt

Vanderbilt Law Review

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions.' Although these and other questions deserve attention, the purpose of this article is more modest-to consider possible changes in criminal law that could help ease the population problem.

Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi Holtzman Golding

Vanderbilt Law Review

Any discussion of the ethical issues in population limitation and redistribution must begin by focusing upon the definition of "the problem," because how one views the problem, and its urgency and gravity, inevitably determines whether there is something that ought to be done and what it is that ought to be done.

As laymen in many of the areas that are relevant to the population problem, we are forced to rely on the expert knowledge of others. It would be highly salutary if there were a body of received opinion that could be used without hesitation. Unfortunately, on many crucial …

Population Control: Multidimensional Task, Joseph J. Spengler

Vanderbilt Law Review

For several thousand years two demographic problems have periodically dogged man, population explosion and population implosion or, in less rhetorical terminology, too many people and too many people concentrated at points in space. The ineffectiveness of the solutions proposed for each of these problems has demonstrated that man's propensity for "progress" has continued to swamp his capacity to adapt to the changes he has produced. In sum, man remains confronted with the need to achieve balance between the costs of change and the costs of arresting change. Attempts at solving population problems are conditioned by the means believed available, by …

The Taxation Of Stock Dividends And The Tax Reform Act Of 1969--Foreboding Implications And Constitutional Uncertainties, John A. Pickens

Vanderbilt Law Review

Federal income taxation of stock dividends has followed a diverse course. Since the introduction of a federal income tax on all stock dividends in 1916, five major changes have occurred in this area. The most recent of these changes is embodied in section 421 of the Tax Reform Act of 1969, which amends section 305 of the Internal Revenue Code of 1954. When the 1969 Amendments are compared with the treatment of stock dividends under the Internal Revenue Code of 1954, they can be viewed, in conjunction with the regulations issued in 1969 under the 1954 Code, as initiating a …

The Securities Investor Protection Act Of 1970: A New Federal Role In Investor Protection, Allan Gates

Vanderbilt Law Review

It has long been a matter of common knowledge that securities, investment involves an element of financial risk. In addition to the obvious hazards of injudicious investment, such as market decline and failure of the corporate venture, there is an appreciable risk of financial loss to the investor due to the potential insolvency of his broker-dealer. Until recently it had been the policy of the federal government to restrict its protection against this latter risk to measures designed to prevent broker-dealer insolvencies and, when an insolvency did occur, to an ordering of the priorities of customer claims in bankruptcy. In …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--False Conflicts--Federal Court Sitting in Diversity Action May Find "False Conflict" and Ignore Forum State's Choice of Law Rule When One State Has Clearly Predominant Interest

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Constitutional Law--Creditors' Rights--Civil Arrest Statutes that Promote Valid State Objectives and Provide Procedural Fairness Do Not Violate the Due Process Requirements of the Fourteenth Amendment

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Constitutional Law--Supremacy Clause--State Supreme Court Not Bound To Follow Federal District Court Decision on Constitutionality of Municipal Ordinance

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Securities Regulation--Franchises--Franchise Agreement that Permits Active Participation by the Franchisee in the Operation of the Business and Does Not Provide the Franchisor with Risk …

Book Reviews, Charles Galbreath, George F. Shinehouse, Jr., Norman A. Coplan

Vanderbilt Law Review

How Harmless is Harmless? The Riddle of Harmless Error.

By Roger J. Traynor Columbus: Ohio State University Press, 1970. Pp. ix, 117. $6.00

reviewer: Charles Galbreath

This book is based on the author's experience of more than 30 years on the California Supreme Court and his exhaustive research into the enigma of harmless error. The overriding message is simply that there is no clear explanation for the Supreme Court's preferring the Chapman test of "harmless beyond reasonable doubt" over the California test,which allows the judgment to stand if the particular error did not result in a "miscarriage of justice" in …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Judicial Review of SEC Decisions--No-Action Letter Under Commission's Proxy Rules Procedures Has Sufficient Finality and Formality to be Reviewable

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Creditors' Rights--Section 77 Railroad Reorganization--Federal Priority Under Section 191 Denied; Interline Balance Claims Granted Priority Under Equitable Six-Months Rule

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Criminal Procedure --Breach of the Peace--State Peace Bond Statute Establishes Criminal Proceedings and Must Satisfy Requirements of Due Process and Equal Protection Clauses

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Criminal Procedure--Presumption of Innocence--Cautionary Instruction to Jury that Presumption of Innocence is Not Intended To Aid the Guilty To Escape is Not Misleading or Erroneous

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Landlord and Tenant Law--Warranty of Habitability Implied by Law …