Law Commons^™

A Missing Link In The Evolution Of Due Process, Wallace Mendelson

Vanderbilt Law Review

On the eve of the American Revolution, Blackstone could comment that "so great.., is the regard of the [English] law for private property ... it will not authorize the least violation of it; no, not even for the general good of the whole community."' A similar concern for proprietary interests soon found expression on this side of the Atlantic in what Professor Corwin has called "The Basic Doctrine of American Constitutional Law"; namely, the "doctrine of vested interests." The general purport of this concept was that "the effect of legislation on existing property rights was a primary test of its …

Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …

Book Reviews, Robert J. Harris (Reviewer), Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)

Vanderbilt Law Review

Book Reviews

American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00

reviewer: Robert J. Harris

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The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50

Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00

reviewer: Charles B. Nutting

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Military Justice in the United States

By Robinson 0. Everett

Harrisburg: Military Service Publishing Company, 1956. Pp. 338

reviewer: Daniel Walker

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites

Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation

Contracts--Place of Making--Acceptance by Instantaneous Means of Communication

Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee

Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim

Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control

Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution

Toth V. Quarles -- For Better Or For Worse?, William R. Willis Jr.

Vanderbilt Law Review

In summary, it would appear that the Supreme Court, through the Toth decision, has created a situation that bears a potentiality of injustice and social detriment completely out of proportion to that feared from the provisions in the Uniform Code of Military Justice unhesitatingly declared unconstitutional. If the Court had adopted a practical and realistic approach to the problem, comparing the rights of the individual under both the constitution and military law, and visualizing the problem created by its present decision, the result could have been different. Now, Congress must attempt remedial action and determine the method of cure that …

The Use Tax: Its Relationship To The Sales Tax, Eugene Greener Jr.

Vanderbilt Law Review

The use tax was conceived as a necessary supplement to the successful administration of the sales tax. With a use tax, in addition to a sales tax, legislators felt they had developed a taxing method that was symmetrical and complete.

Thus, if for some reason a sale at retail of tangible personal property escaped tax, "the use, the consumption, the distribution, and the storage [of the property would be taxed] after it has come to rest in this state and has become a part of the mass of property in this state."'

But as the poet Robert Burns intimated about …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

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Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

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Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

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Domestic Relations--Adoption--Revocation of Consent by Natural Parents

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Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

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Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

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Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

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Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Sales Taxation In Interstate Commerce, Paul J. Hartman

Vanderbilt Law Review

A treatment of the constitutional problems involved in "sales taxation" concerning multi-state sales transactions should cover more than "sales taxes" as that terminology ordinarily may be understood. The ordinary "sales tax" includes within its scope all business sales of tangible personal property at either the retailing, wholesaling, or manufacturing state. The statute, of course, often gives exemptions from the tax.

In many instances, however, the "sales tax" also is imposed on other kinds of transactions. Sometimes the sale of professional services and other services, of real property, and of intangible personal property is covered by the tax. Some states also …