Law Commons^™

The Ripple Effects Of Slaughter-House: A Critique Of A Negative Rights View Of The Constitution, Michael J. Gerhardt

Vanderbilt Law Review

Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it "would be more impressive if it flowed the other way." I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in Webster v. Reproductive Health Services and DeShaney v. Winnebago County Department of Social Services. In Slaughter-House the Court interpreted the privileges or immunities clause of the fourteenth amendment as merely protecting interests other federal laws already protected, while recently the Court interpreted the due …

Theodore A. Smedley And The Race Relations Law Reporter, Paul H. Sanders

Vanderbilt Law Review

Beginning in 1959, Ted Smedley served with personal distinction and national recognition as Director of the Race Relations Law Reporter and as Director and Editor of the successor publications,the Race Relations Law Survey and the Race Relations Law Index. Professor Smedley, who joined the Board of Editors of the Race Relations Law Reporter in the fall of 1957 as one of three Associate Directors, engaged in editorial activities in this dynamic and sensitive area over a seventeen-year period, an era marked by tremendous ferment and revolutionary change. The quality of his work is evident in the words published within the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Personal Injury--Intent to Injure Is Not a Prerequisite to Recovery for Police Abuse Under Section 1983

===============================

Constitutional Law--Abortion--Statute Prohibiting Abortion of Unquickened Fetus Violates Mother's Constitutional Right of Privacy

===============================

Constitutional Law--Obscenity--State Statute Allowing Injunction Against Dissemination of Allegedly Obscene Material Prior to Adversary Hearing Not Violative of First Amendment

===============================

Constitutional Law--Right of Privacy--State Statute Requiring Disclosure of All Substantial Financial Interests of Public Officials is Overbroad and an Unconstitutional Invasion of Privacy

===============================

Constitutional Law--Sixth Amendment--Admission of Prior Inconsistent Statements as Substantive Evidence Does Not Violate Right of Confrontation

===============================

Criminal Procedure--Search and Seizure--Warrantless Search of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

======================

Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

======================

Antitrust Remedies--State Given Standing to Sue as Parens Patriae

======================

Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

=======================

Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

=======================

Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

Jones V. Alfred H. Mayer Co.: An Historic Step Forward, Arthur Kinoy

Vanderbilt Law Review

The historic decision last June by the Supreme Court in Jones v. Alfred H. Mayer Co.,' reasserting for the first time in almost 100 years the constitutional mandate in the thirteenth amendment to abolish the badges and indicia of human slavery from all aspects of American society, has begun to meet with sharp criticism. This is, of course, no surprise. One might expect outcries from quarters of the country in which the far less abrasive vocabulary of Brown v. Board of Education still evokes memories of "Black Monday," "massive resistance" and "interposition.' What is perhaps more surprising is that the …

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

=============================

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

==============================

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

==============================

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

==============================

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

==============================

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

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Labor Law-Exemption of Union from Antitrust Laws Is Lost When It Imposes Minimum Price Levels on a Member-Employer Acting on their own initiative, the plaintiffs, union member'

==============================

Civil Rights--Desegregation--School Authorities Have Afirmative Duty To Integrate School System Negro children in six Louisiana and three Alabama school systems

==============================

Constitutional Law--Citizenship--Stripping Congress of Its Right To Expatriate

==============================

Constitutional Law--State Constitutional Amendment Guaranteeing Discretion to Seller of Real Estate Violates Fourteenth Amendment

==============================

Criminal Law--The "Mere Evidence" Rule Is Expressly Abolished

==============================

antitrust, civil rights, constitutional law, criminal law

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Violation of Section 7 of the Clayton Act by Joint Venture

==============================

Civil Rights--Anti-discrimination Law as a Vehicle for a Private Civil Action

==============================

Condemnation--Landowner Cannot Recover From Federal Government for Damages Caused Before Date of Taking Where Government Did Not Previously Contemplate, Condemning Property

==============================

Constitutional Law--Loss of Nationality--Foreign Residency Statute Held Violative of Due Process

==============================

Constitutional Law--Reapportionment--Both Houses of a State Legislature Must Be Based as Nearly as Is Practicable on Population

==============================

Constitutional Law--Twenty-first Amendment--Scope of State Power Over Intoxicants Moving Within Its Borders

==============================

Evidence--Statutory Presumptions--Reasonableness Is Implicit in Test of Rational Connection

============================== …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1957 Gives Federal Court Mandatory Jurisdiction To Entertain Suit by the United States To Enjoin State Criminal Prosecution

=================================

Conflict of Laws--Federal Tort Claims Act--Applicable Substantive Law Held To Be Whole Law of State Where Negligence Occurred

=================================

Constitutional Law--Discrimination--Conviction for Disturbing the Peace in Lunch Counter Sit-in Held To Violate Due Process for Lack of Evidence

=================================

Federal Courts--Erie Doctrine--Opinion Evidence Held Admissible Under Federal Rule 43(a) in Diversity Case

=================================

Federal Courts--Federal Question Jurisdiction--Lack of Jurisdiction to Enforce Award of Airline System Board of Adjustment in Labor Dispute

=================================

Interstate Commerce--Taxation--State Privilege Tax …