Law Commons^™

Professor Elliott E. Cheatham, John J.A. Hossenloop, William B. Reynolds

Vanderbilt Law Review

Professor Cheatham taught far more than legal rules. By imparting to his students a sense of his commitment to achieving excellence through self-education, he indeed prepared them well. Of course, the ideas and insights which he afforded them will continue to guide all students of the law. To those who follow to the classroom he now leaves behind, we offer on his behalf a thought which, more than any other, calls to mind both his teachings and the way he lives: "The great lawyer has always been a great teacher and his best pupil is himself."'

Elliott E. Cheatham, Erwin N. Griswold

Vanderbilt Law Review

After a full career on the faculty of the Columbia Law School,Professor Cheatham has had a new career as a member of the faculty of the Vanderbilt University Law School. During this period, his writing has never ceased, and it is always lively and original.Elliott Cheatham has been one of the great legal scholars of our time. He has also been one of the great persons in law teaching. He has been a great inspiration not only to his students, but also to the law teachers who have tried to follow in his footsteps.

The Published Works Of Elliott E. Cheatham, Law Review Staff

Vanderbilt Law Review

The Published Works of Elliott E. Cheatham

conflict of laws, legal education, professional standards

BOOKS CASES AND MATERIALS ON CONFLICT OF LAWS Chicago, 1936(with others); 2d edition, 1941; 3d edition, Brooklyn, 1951; 4th edition, 1957; Supplement, 1961; 5th edition, 1964.

CASES AND OTHER MATERIALS ON THE LEGAL PROFESSION. Chicago, 1938; 2d edition, Brooklyn, 1955.

COURS GENERAL SUR PROBLEMES ET METHODES EN MATIERE DECONFLIT DE LOIS. Paris, 1960. A LAWYER WHEN NEEDED. New York, 1963.

ARTICLES

What Can Law Schools Do to Raise the Standards of the Legal Profession? Symposium on Co-operative Efforts to Raise the Standards of the Legal Profession), …

Elliott Evans Cheatham, Willis L.M. Reese

Vanderbilt Law Review

Cheatham has made a marked imprint through his teaching and his writing on five areas of the law: international law, property, legal education, the legal profession, and conflict of laws. Of these, the legal profession is probably the field where his influence has been most deeply felt. Indeed, it is largely because of his ground-breaking casebook that the subject figures so prominently today in law school curriculums. Likewise, his Carpentier Lectures of a few years ago on "A Lawyer When Needed" provided the entering wedge into a subject that is of great contemporary significance. What Cheatham has done in the …

Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews

Vanderbilt Law Review

It may not, after all, be difficult to be a nunc pro tunc prophet, but it takes real imagination to think of it. Hindsight is quite another matter; all of us are constantly explaining how a better decision years ago would have made for a happier world today. But to think in 1947 of assuming oneself to have been prophesying in 1897 as to what would be the state of affairs fifty years thence reveals an imaginative gift of some magnitude. Not only does it offer a sure-fire guaranty of accuracy of prediction, but also it dramatizes the fallibility of …

Elliott E. Cheatham, John W. Wade

Vanderbilt Law Review

Elliott Cheatham is a man of young ideas--often radical ones. His thoughts and plans are of the future, and he looks to the past only for the lessons it gives as to how the future can be improved. He thinks always of the "energizing forces of the law."' He sees the turmoil and vicissitudes of contemporary society as a challenge to the law, the lawyer, and the law school, to identify the values in them and find a way for law to produce the orderly change which will capture and utilize those values. He can sternly and firmly prod and …

Elliot E. Cheatham, Phillip C. Jessup

Vanderbilt Law Review

A man of great courage and a fighter for principle, he would never surrender, but if conscience and conviction permitted, he would have great pleasure in giving. As one of our other colleagues has suggested to me, Elliott Cheatham's greatness as a teacher' is due to the fact that he is always eager to give. I have witnessed many examples of Elliott's modesty, which should not be mistaken for any wobbly lack of self-confidence. When he pleads that he has limitations which suggest the desirability of seeking someone else for an honor or place of distinction or a juridical contribution, …

Elliott E. Cheatham - Gentleman, Richard R. Powell

Vanderbilt Law Review

It was suggested to the writer that he write about Elliott E. Cheatham as a colleague in the field of legal education. This is but one aspect of his special preeminence, but any aspect of this man finds its ultimate foundation in his underlying and pervasive qualities as a gentleman. Kindly in the face of student stupidity, gentle in persuading his obstinate colleagues, loving in his more personal relations, the man embodies the best that can be connoted by the phrase "Southern gentleman."

Antitrust And The Newspapers -- A Comment On S. 1312, John J. Flynn

Vanderbilt Law Review

The American newspaper industry, often called "The Fourth Estate," apparently believes it has fallen on hard times. The aristocrats of the Fourth Estate, the daily newspapers, came to the Ninetieth Congress seeking a boon: relaxation of the rigors of antitrust policy as applied to mergers and joint agency operations by otherwise competing newspapers. A bill has been introduced, S. 1312, which is sponsored by fifteen Senators of diverse political and economic views, all save one having one thing in common-the presence of newspaper joint agency operations in their home states.' The very fact that Senators of such conflicting viewpoints could …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Divorce-- Minimum Contacts Doctrine Extended to Non-Resident in Alimony Award

Conflict of Laws--Torts--Law of Forum Applies to Accident Involving Only Out-of-State Motorists

Constitutional Law--Desegregation--States Are Required To Take Affirmative Action To Desegregate Higher Education Facilities

Constitutional Law--Selective Service Act--Fifth Amendment Requires Civil Judicial Review of Draft Board Classification and Induction Orders

Public Welfare--Substitute Father Regulation Inconsistent with Social Security Act and Invalid Criterion for Denying AFDC Payments to Needy Children

Taxation--Corporate Income Tax--Pre-Sale Declaration of Dividend by Subsidiary in Amount Equal to Retained Earnings Held Tax-Exempt Inter-Corporate Dividend on Receipt by Parent

Private International Law And Its Sources, Elliott E. Cheatham, Harold G. Maier

Vanderbilt Law Review

Professors Cheatham and Maier raise the question, "What are the sources of the law applied in private international cases?" The authors consider this question under two main headings. The first deals with the "authoritative sources" of private international law applied in United States courts. It considers the question, Where, within the complex governmental structure of the United States, does power over private international matters rest?" Several possible sources are considered: public international law, state law, and federal law, and within federal law, the major components: international agreements, legislation, federal common law and executive law. The second part of the article …

Book Reviews, Law Review Staff

Vanderbilt Law Review

Since there has never been an era in which as much aggregate contemplation has been expended on the problems involved in the protection of literary property, Professor Patterson's book is both timely and important. The issues involved are being widely debated and discussed, but unfortunately much of the current discussion appears to be proceeding more from emotion, oratory, and vested concern than from detached and dispassionate logic. For this reason especially, the scholarly, sound history in Professor Patterson's new monograph is certain to be welcome, as it cuts through four centuries of continuing obfuscation and confusion and clarifies considerably the …

Some Legal And Economic Aspects Of Industrial Development Financing, Everett H. Falk

Vanderbilt Law Review

The increasing popularity of industrial development financing suggests that there are considerable benefits to be gained from the intelligent use of these plans. However, before a community commits itself to a particular industrial development project it should develop a clear concept of the direction in which the community is to move and it should seek to define its long-range economic objectives in the context of its ability to support industrial growth and its economic relation to other regions. The states themselves can, with professional assistance,undertake studies to define regional objectives; but statutory standards implemented by state agencies are necessary to …

Comment, James Fleming Jr.

Vanderbilt Law Review

Within the past few years, courts have put nearly the whole field of products liability on a strict liability basis, free from the restrictions of privity; they have reversed the rule of non-liability for pre-natal injuries; they have virtually destroyed charitable immunity, while making serious inroads on governmental immunity. Some, of course, have deplored the role of courts in making these changes, and they will probably applaud the Illinois Supreme Court's decision in the Maki case. But for those of us who accept or welcome the present regeneration of judicial law making in the field of torts, further questions are …

Comments On Maki V. Frelk--Comparative V.Contributory Negligence: Should The Court Or Legislature Decide?, Fleming James Jr., Harry Kalven Jr., Robert E. Keeton, Robert A. Leflar, Wex S. Malone, John W. Wade

Vanderbilt Law Review

Believing that the holdings and opinions in the case of Maki v. Frelkare significant legal developments, the Vanderbilt Law Review has solicited comments on these decisions, which it is now pleased to publish. These comments by six distinguished torts teachers and writers bear on the relative merits of comparative and contributory negligence, but more importantly, they discuss whether the judicial or legislative method is most appropriate for adoption of a rule of comparative negligence. It is hoped that these comments will be used as a sound basis for action, whether the problem arises before the courts or legislatures.

Comments On Maki V. Frelk, Harry Kalven Jr.

Vanderbilt Law Review

My first reaction to the performance of the Illinois Appellate Court in Maki v. Frelk was to recall the old joke about the man who, when asked if he believed in baptism, replied: "Believe in it, hell, I've seen it done!" In any event the decision provides a twin stimulus to the commentator: first, to say something about the limits of common law change, and second, to say something about comparative negligence itself. Despite the spectacular novelty of the court's action, these re-main well-worn topics on which it will not be easy to say anything fresh. I am, however, moved …

Comment, Robert E. Keeton

Vanderbilt Law Review

Part of the price we pay for a system wisely dedicated to even-handed justice under law is that courts often fail to identify those exceptional cases in which the highest aims of the system are served rather than threatened by a judicial break with precedent. Thus it happens that in the long, slow story of law reform, a recent case in the Illinois courts raised hopes for a rare and distinctive breakthrough. In Maki v. Frelk, responding to an invitation from the state's supreme court to reexamine the well entrenched rule that contributory negligence of an injured person is a …

Comment, Wex S. Malone

Vanderbilt Law Review

There is no discernible reluctance by courts to direct verdicts on the issue of the plaintiff's carelessness in suits by invitees against proprietors of business premises. The writer has had occasion to examine a representative group of about two hundred cases in this area where contributory negligence was seriously in issue. In more than a third of these disputes the appellate courts had either approved the trial judge's action in directing a defendant verdict, or had reversed a judgment for plaintiff because the trial court had allowed the controversy to reach the jury on the contributory negligence issue. I have …

Comment, John W. Wade

Vanderbilt Law Review

The majority opinion in the Illinois Supreme Court held that if a change was to be made, the task was for the legislature, not the court. The five in the majority were not ready to deliver an opinion like that in MacPherson, Henningsen, Greenman.' If they had, there is real reason to believe that a similar consequence of an immediate and substantial judicial following would have developed. Without saying so, they seemed to be influenced by the thought that they would be complete pioneers in uncharted territory, with no precedents to rely upon or to interpret. Are there any judicial …

State Courts And The Federal System, Griffin B. Bell

Vanderbilt Law Review

One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.

The Unitrust In Estate Planning: A Partial Panacea, Louis F. Comus Jr.

Vanderbilt Law Review

This note explores applications of the unitrust in estate tax planning.

Part II presents general characteristics of the unitrust, including its advantages and limitations.

Part III discusses the use of the unitrust as a marital deduction trust, including prescription for administration of the marital deduction unitrust in various situations involving different sizes of estates.

Part IV presents income tax considerations involved in the use of the unitrust, under subchapter J of the Internal Revenue Code. Finally, Part IV suggests amendments to the basic unitrust form for maximizing its effectiveness in estate planning.

Comment, Robert A. Leflar

Vanderbilt Law Review

It is increasingly common today for courts to render opinions as they did in an earlier common law era, that is, to answer the principally litigated issue first, then to give answers to incidental questions that are apt to arise thereafter. Admittedly these incidental answers are dicta only, but they are substantially authoritative and serve useful purposes. By employing such a technique, appellate courts can do a better job than legislatures usually have done in promulgating comparative negligence rules. With respect to matters upon which the legislature has never taken any position, legislative inaction constitutes no affirmative assertion of legislative …

The Tax Benefit Rule, Claim Of Right Restorations, And Annual Accounting: A Cure For The Inconsistencies, John G. Corlew

Vanderbilt Law Review

The Internal Revenue Code is premised on an annual accounting concept which requires the taxpayer to count up his transactions at the end of the year and remit to the Government taxes based on the occurrences of that particular year. In theory this requires disregarding the factors of prior or subsequent taxable years, despite the irrelation to events of the tax year in question. In most instances, annual accounting poses no special problem. When applied to certain items whose tax impact transcends more than a single taxable year,however, inconsistencies and inequities may result. Two instances in which inconsistent tax treatment …

A Survey Of Financial Responsibility Laws And Compensation Of Traffic Victims: A Proposal For Reform, Lorence L. Timm

Vanderbilt Law Review

One of the most acute socio-economic and legal problems confronting society today concerns the compensation of traffic victims. In 1966, there were 52,500 persons killed as a result of traffic accidents,'which constituted nearly one-half of all accident fatalities. In addition, 868,000 persons were injured, and the total cost of motor vehicle accidents was estimated at ten billion dollars. As a result of the steadily rising accident toll, there has been increased concern over means of insuring that victims of automobile accidents will be compensated. This concern has been aggravated by the continued presence of the financially irresponsible motorist. The problem …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

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Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

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Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

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Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

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Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

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Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

Book Reviews, T. A. Smedley, E. Blythe Stason

Vanderbilt Law Review

Law of Domestic Relations By Homer H. Clark, Jr. St. Paul,Minn.: West Publishing Co., 1968. Pp. XIX, 754. $12.00.

reviewer: T.A. Smedley

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Law and the Social Role of Science Harry W. Jones, Editor New York: Rockefeller University Press, 1967. Pp. 243. $6.00.

reviewer: E. Blythe Stason

International Law, National Tribunals And The Rights Of Aliens:, Richard B. Lillich

Vanderbilt Law Review

There is growing concern everywhere these days with the application of substantive international law rules to individuals as well as to nations. Indeed, after years of relative neglect, the procedural side of international law is coming into its own, a development that is as welcome as it is overdue. To readers who recall Morris R. Cohen's observation that "students of legal history know the truth of the statement that 'the substantive law is secreted in the interstices of procedure,' nor need practitioners be reminded how frequently changes in procedure affect the substantive right of parties,"' this trend is a particularly …

Communist China's Trade Treaties And Agreements (1949-1964), Gene T. Hsiao

Vanderbilt Law Review

Utilizing material gathered by extensive research, the author examines Communist China's trade treaties and agreements, with some emphasis upon their economic and political implications. Also, he analyzes the Communist Chinese use of establishment provisions and national and most-favored-nation treatment. The author has selected the period from 1949 to 1964 due to the existence of an official collection of treaties compiled by the Peking government for this period. Although the collection has not been available since 1964, the authors examination of secondary official source materials has revealed no significant change in the regime's attitude, and therefore, the materials contained in the …

The Legal Philosophy Of John Marshall, Douglas A. Poe

Vanderbilt Law Review

One of the greatest and most significant constitutional enigmas with which the Supreme Court has grappled during the past two decades has concerned the proper delineation of the first amendment's prohibition against the abridgment of "the freedom of speech." The range of problems confronted has extended from congressional investigations to state obscenity laws, from sit-in demonstrations to the provision of legal counsel by labor unions for their members. An all-encompassing and consistent theory of the first and fourteenth amendments has yet to be articulated by the Court, a situation which is hardly unexpected in view of the disparate claims asserted …

The Alien's Access To Local Remedies: The African Commonwealth Countries' Experience, Ivan L. Head

Vanderbilt Law Review

Of the 27 members of the Commonwealth of Nations, 11 are located on the continent of Africa. They range in size from Nigeria, with an area of 356,000 square miles and a population of 60 million, to The Gambia, with an area of 4,000 square miles and a population of 350,000 persons. Prior to 1957 all of the 11 States were colonies of the British crown. In little more than a decade they have all gained political independence-one hundred and six million people residing in autonomous communities which are, in the words of the 1926 Balfour Declaration, "equal in status, …