Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 27 of 27
Full-Text Articles in Law
Checks And Balances In The Criminal Law, Daniel Epps
Checks And Balances In The Criminal Law, Daniel Epps
Vanderbilt Law Review
The separation of powers is considered essential in the criminal law, where liberty and even life are at stake. Yet the reasons for separating criminal powers are surprisingly opaque, and the “separation of powers” is often used to refer to distinct, and sometimes contradictory, concepts.
This Article reexamines the justifications for the separation of powers in criminal law. It asks what is important about separating criminal powers and what values such separation serves. It concludes that in criminal justice, the traditional Madisonian approach of separating powers between functionally differentiated political institutions—legislature, executive, and judiciary—bears no necessary connection to important values …
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
The Continuing Evolution Of Criminal Constitutional Law In State Courts, S. Carran Daughtrey
Vanderbilt Law Review
Although early state constitutions were important and ambitious documents for their time, the development of state constitutional law stagnated after the drafting and adoption of the federal constitution., As the doctrine of federalism has resurfaced, however, states have begun to turn to their constitutions to grant more protection for their citizens. The states' criminal constitutional laws have changed significantly and continue to evolve today.
In the 1960s, the Warren Court expanded basic protections for criminal defendants by finding that the Fourteenth Amendment incorporates the Fourth, Fifth, and Sixth Amendments. The Court held that the Eighth Amendment prohibits cruel and unusual …
Constitutional Limitations On State Power To Hold Parents Criminally Liable For The Delinquent Acts Of Their Children, Kathryn J. Parsley
Constitutional Limitations On State Power To Hold Parents Criminally Liable For The Delinquent Acts Of Their Children, Kathryn J. Parsley
Vanderbilt Law Review
In late 1988 as part of a comprehensive effort to combat violent street gang activity,' the California legislature passed an amendment to section 272 of California's Penal Code, commonly known as the Parental Responsibility Law. Section 272 originally stated only that every person who commits any act or fails to perform any duty that causes or tends to cause a minor to do a prohibited act is guilty of contributing to the delinquency of a minor, a misdemeanor under the California Penal Code, and subject to a maximum fine of twenty-five hundred dollars, one year in jail, or both. When …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Topics Discussed in Recent Cases:
Administrative Law--Freedom of Information Act--Unclassified Documents Physically Connected with Classified Documents May Not Be Withheld Under the National Security and Foreign Affairs Secrets Exemption
=========
Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit
===============
Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause
===============
Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants
===============
Corporations -Shareholder Suits -Shareholder May Inspect Corporate Records Only for Proper Purpose Ger-mane to his Economic Interest As Shareholder, Not Merely To Further his Own Social and …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases --
Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults
============================
Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition
============================
Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement
=============================
Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation
===========================
Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded
===========================
Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association
===========================
Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation
===========================
Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment
===========================
Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible
===========================
Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …
Recent Cases, Law Review Staff
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
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability
==========================
Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools
==========================
Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause
==========================
Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards
==========================
Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection
==========================
Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …
Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden
Miranda--Some History, Some Observations, And Some Questions, Karl P. Warden
Vanderbilt Law Review
At this writing Miranda v. Arizona' is less than four months old. Although its place in the annals of leading constitutional decisions is assured, its meaning for, and influence upon, the criminal law process in the United States is not at all certain. It will require years of data accumulation and analysis to determine how profound an effect it will have and to evaluate that effect in terms of social impact. It is too soon to know whether the Miranda case has started a new revolution in the administration of criminal justice or has merely ended an old one. Is …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust--Robinson-Patman-Adoption of Physical Comparison Test To Determine "Like Grade or Quality"
================================
Antitrust--Tying Arrangement Held Unfair Method of Competition Under Section 5 of Federal Trade Commission Act Atlantic Refining Company agreed to promote
================================
Bankruptcy--Tax-Rights of a Trustee in Bankruptcy Against an Unrecorded Tax Lien
================================
Constitutional Law--Applicability of the Fourteenth Amendment to a Charitable Trust in Which a State Agency Was the Original Trustee
================================
Constitutional Law--Clandestine Surveillance of Public Toilet--Not an Unreasonable Search
================================
Criminal Law--Joint Trials--Admission of Confession Implicating Both Defendants Held Erroneous
=================================
Evidence--No Cross-Examination of Defendant's Character Witnesses as to His Prior Arrests and Conviction …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Advertising--Use of "Free," a Deceptive Practice Under the Federal Trade Commission Act
================================
Anti-Trust Law--Conspiracy To Subvert Competitor's Employees and Customers Violates Section 1 of the Sherman Act
=================================
Conflict of Laws--Depositor's Request That Disposition of Foreign-Owned Funds Deposited In New York Bank Be Governed By New York Law Upheld as a Matter of Public Policy
=================================
Constitutional Law--Applicability of Agricultural Adjustment Act of 1938 to Wheat Grown On State-Owned Farms
=================================
Corporations--Dissolution of Close Corporation Not Granted On Mere Showing of Low Profits Insufficient To Provide Minority Shareholder With Adequate Return on Invested Capital
=================================
Criminal Law--Illegal Searches and …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce
=============================
Constitutional Law--Section 504 of LMRDA a Bill of Attainder
=============================
Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes
=============================
Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession
=============================
Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor
=============================
Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'
============================= …
Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas
Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas
Vanderbilt Law Review
This article seeks briefly to demonstrate the ways in which this basic commitment of Justice Douglas bear on particular constitutional issues, particularly with regard to criminal cases. The article treats these issues under five general headings: detention; the right to counsel; bail; the right to trial by jury; and trial procedures. Some overlapping between sections cannot be avoided; but it is hoped that this organization will bring the problems more sharply into focus.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Antitrust--Consignment Agreements To Fix Retail Prices
=============================
Constitutional Law--Fifth Amendment-Denial of Passport
==============================
Constitutional Law--State Procedure To Determine The Voluntariness of a Confession
==============================
Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense
==============================
Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy
==============================
Labor Law-Closing of Plant Due to Unionization
===============================
Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position
================================
Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …
Recent Case Comments, Law Review Staff
Recent Case Comments, Law Review Staff
Vanderbilt Law Review
Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity
============================
Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping
============================
Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act
============================
Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing
============================
Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act
============================
Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"
============================
Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies
============================
Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …
Recent Case Comments, Law Review Staff
Recent Case Comments, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Full Faith and Credit--Prior Conflicting Divorce Decrees
=================
Conflict of Laws--Tax Claims of One State Held Not Enforceable in Another State
=================
Constitutional Law--Discrimination--Statute Prohibiting Racial Discrimination in Renting of Private Apartment Houses Does Not Violate Due Process
=================
Constitutional Law--Establishment of Religion--Recitation of State Composed Prayer in Public Schools Held Unconstitutional
=================
Criminal Law--Narcotics-Criminal Prosecution for Addiction Is a Cruel and Unusual Punishment Violating Eighth and Fourteenth Amendments
=================
Damages--Collateral Source Rule--Value of Medical Services Plaintiff Received as a Gratuity Not Allowed as Special Damages
=================
Due Process--Taxation of Insurance Premiums Paid to Foreign Insurers on Property …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Automobiles--Owner's Liability Statutes--Application to the Master-Servant Relationship
==================================
Bankruptcy--Discharge--Failure of Creditor to Inform Bankruptcy Court of Bankrupt's Fraud in Procuring Loan
==================================
Bills and Notes--Demand Instruments--Time When Statute of Limitations Begins to Run
==================================
Bills and Notes--Holder in Due Course--Giving a Check in Exchange for Another Negotiable Instrument is not the Giving of Value When the Check Turns Out to be Worthless
==================================
Constitutional Law--Due Process of Law--Use of Perjured Testimony and Suppression of Material Evidence Favorable to Accused in State Criminal Proceedings
===================================
Constitutional Law--Equal Protection of the Laws--Executory Interest Conditioned upon Racial Restriction on Use of Land
=================================== …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Attorneys--Unauthorized Practice of Law--Negligence per se for Which Liable to Injured Person Other than Client
===============================
Conflict of Laws--Choice of Law--Application of Dramshop Act Where Injury Occurs in Another State
================================
Constitutional Law--Due Process--Legislative Publication of Intercepted Attorney-Client Communication
================================
Corporations--Stockholders' Rights--Mandamus to Compel Inspection of Corporate Books at Place Outside Forum State
================================
Creditors' Rights--Federal Tax Liens--Removal of Lien from Property in Hands of Bonafide Purchaser
================================
Criminal Law--Perjury--Witness Brought before Grand Jury for Primary Purpose of Extracting Perjured Testimony
================================
Domestic Relations--Torts--Action by Husband against Wife for Negligently inflicted Personal Injuries
================================
Evidence--Witnesses--Cross-Examination of Character Witness for Accused …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Conflict of Laws--Torts--Choice of Law Required by Federal Tort Claims Act
==================================
Constitutional Law--Equal Protection--Exemption of Veterans from Payment of Hunting and Fishing Fees
==================================
Constitutional Law--Separation of Powers--Procedure for Removal of Judge an Interference with Judicial Process
==================================
Constitutional Law--State Police Power--Restriction of Competition among Employment Agencies
==================================
Contempt of Court--Summary Punishment of Direct Contempt--Attorney's Absence from Court
==================================
Corporations--Inspection of Books and Records--Right of Former Director
==================================
Criminal Law--Lotteries--Necessity of Consideration
==================================
Domestic Relations--Alimony--Fixed Payments to Wife until Her Death or Remarriage as Basis of Claim against Husband's Estate
==================================
Domestic Relations--Divorce and Alimony--Award of Alimony …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Agency--Liability of Master for Servant's Acts--State Permit to Operate
Agency--Possession as Indicia of Ownership
Constitutional Law--Aliens--Detention Where Deportations is Impossible
Courts--Contempt--Delay in Summary Punishment
Criminal Law--Habitual Criminal Statutes--Meaning of Previous Conviction Requirement
Domestic Relations--Liability of Husband for Necessaries of Wife Rightfully Living Apart
Income Taxation--Excludibility from Gross Income of Payment over Ceiling Price
Income Taxation--Taxable Income--Claim of Right
Procedure--Grand Jury--Motion to Expunge Defamatory Remarks in Report
Procedure--Statute of Limitations--Retroactive Operation
Statutes--Holding of Unconstitutionality Overruled--Necessity for Re-Enactment
Wills--Contest--Interest of Legatee's Representative
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Recent Cases
Adverse Possession--Statutes--May One Acquire an Indefeasible Life Estate under Tennessee Code Section 8582
Constitutional Law--Freedom of the Press--Effect of City Ordinance Prohibiting Solicitation of Magazine Subscriptions without Prior Consent of Person Solicited
Constitutional Law--Statutes--Requirement of Loyalty Oath as Valid Exercise of Police Power
Contracts--Procurement of Government Contracts on Contingent Fee Basis--Effect of Executive Order
Criminal Law--Mens Rea--Requirement in Action for Converting Government Property--Necessity for Criminal Intent
Damages--Injury to Child--Expenses of Parent in Attending Child
Divorce--Determination of Place Where Abandonment Occurs--Effect of Residence Requirement for Bringing Action
Domestic Relations--Legitimation Statute--Interpretation and Effect
Evidence--Unreasonable Searches and Seizures--Admissibility of Evidence Obtained …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
RECENT CASES
ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING
CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS
CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT
CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED
CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE
FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION
INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE
RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?
TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Criminal Law Administration Prior To Trial: Recent Constitutional Developments, Paul H. Sanders
Vanderbilt Law Review
Probably the most pervasive dilemma in human experience is that which poses the choice with respect to the use of normally-condemned means in order to attain what are considered to be desirable ends. The field of criminal law administration offers a particularly apt illustration of the dilemma in modern society. The actual, day-to-day methods of operation of our law enforcement officers, prosecutors, judges and other officials concerned with the investigation, trial and punishment of those charged with crime,--all reflect the choice that has been made in fact by our society. We can each judge, within the limits of our experience, …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
AUTOMOBILE INSURANCE--COMPREHENSIVE CLAUSE EXCLUDING MECHANICAL BREAKDOWN--REQUIREMENT THAT EXCLUDED RISK BE SOLE PROXIMATE CAUSE
BAILMENTS--DELIVERY OF POSSESSION--PROPERTY DEPOSITED IN PUBLIC LOCKER
CONSTITUTIONAL LAW--INFRINGEMENT OF CIVIL RIGHTS BY PRIVATE INDIVIDUALS--CAUSE OF ACTION UNDER FEDERAL STATUTE
CONSTITUTIONAL LAW--RIGHT TO JURY TRIAL--ACTION FOR STATUTORY PENALTY UNDER PRICE ..CONTROL ACT
CONSTITUTIONAL LAW--UNITED NATIONS CHARTER--APPLICATION AS TREATY TO RENDER STATE LAW INVALID
CONTRACTS--CONSIDERATION--NEW AGREEMENT TO PAY LESS THAN ORIGINAL CONTRACT PRICE
CONTRACTS--DEFINITION OF TERMS--EFFECT OF PART PERFORMANCE IN MAKING TERMS CERTAIN
COPYRIGHT--ARTIST'S RIGHTS IN PRODUCTION AFTER SALE--"MORAL RIGHT" TO PREVENT DESTRUCTION
CRIMINAL LAW--SEARCHES AND SEIZURES--EFFECTS OF VIOLATION OF CONSTITUTIONAL RIGHT ON JURISDICTION OF FEDERAL COURTS
JOINT …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED
=================================
ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT
=================================
CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING
=================================
CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES
=================================
CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE
=================================
CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL
=================================
CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES
=================================
FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED
=================================
INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY
=================================
LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Assault and Battery--Injury Sustained in Prize Fig
==============================
Constitutional Law--Elections--Voting Rights of Residents of Federal Enclave where Polling Places are on Land under Exclusive Federal Jurisdiction
==============================
Constitutional Law--Miscegenation Statutes--Statutory Prohibitions against Inter-Racial Marriages held Unconstitutional
==============================
Criminal Law--Evidence--Admissibility of Sound Motion Pictures of Re-Enactment of Crime by Defendants
==============================
Criminal Procedure--Use of Jury Primer Prior to Trial
==============================
Estate Planning--Mistake as to Tax Consequences of a Gift--Requirements for Rescission
==============================
Evidence--Impeachment of Witnesses--Warning Question on Examination as to Prior Testimony
==============================
Interstate Commerce--Sherman Act--Applicability to Organized Baseball
==============================
Labor Law--Constitutional Law--Validity of Prohibition on Contributions and Expenditures of Labor …
Cases Noted, Journal Staff
Cases Noted, Journal Staff
Vanderbilt Law Review
bankruptcy--unclaimed dividends--distribution to creditors who have not been paid in full
----------------
constitutional law--prohibition of practice of naturopathy as a separate branch of the healing arts
----------------
constitutional law--unAmerican activities committee held valid exercise of congressional power
----------------
criminal law--evidence--admission of confession