Social Welfare Law Commons^™

Is That Really Me?: Social Networking And The Right Of Publicity, Rachel A. Purcell

Vanderbilt Journal of Entertainment & Technology Law

Social networking websites are ubiquitous in modern culture and popular with people of all ages and demographics. Operators of this kind of site, which consist largely of third party generated content, are immune from many types of civil liability for third party postings under the Communications Decency Act. However, the Act does not immunize these providers from intellectual property right infringements. Recent court decisions suggest that this immunity exception may extend not only to federal intellectual property rights, but state intellectual property rights like the right of publicity. This Note will evaluate the emerging circuit split regarding state intellectual property …

Echoes Of The Sumptuary Impulse: Considering The Threads Of Social Identity, Economic Protectionism, And Public Morality In The Proposed Design Piracy Prohibition Act, Lucille M. Ponte

Vanderbilt Journal of Entertainment & Technology Law

Traditional sumptuary laws, especially those government efforts aimed at regulating public attire, are often considered to be largely dusty relics of pre-industrial societies. Yet cultural legal theorists have long argued that sumptuary codes are still relevant and inextricably linked to the development of our contemporary socio-legal hierarchy. A better understanding of the primary objectives embodied in earlier sumptuary codes can shed important historical light and guidance on issues being discussed in current policy-making arenas, such as the proposed Design Piracy Prohibition Act (DPPA). The proposed law has yielded lively debates amongst legal commentators and industry professionals regarding whether or not …

Welfare, Due Process, And "Brutal Need": The Requirement Of A Prior Hearing In State-Wide Benefit Reductions, Stephen A. Owens

Vanderbilt Law Review

This Note examines the right of welfare recipients to request a prior hearing in the context of state-wide, across-the-board benefit reductions by a state. After reviewing the due process requirement of a pretermination hearing articulated by the Supreme Court in Goldberg v. Kelly, the Note examines the standard for reductions established by the HHS regulations. The Note also considers the various approaches taken by the courts in attempting to determine the constitutional and statutory requirements of a prior hearing in a state-wide reduction. The Note argues that the standard delineated by the HHS regulations and by some courts fails to …

The Inheritance Of Economic Status - By John A. Brittain, Michael R. Olneck

Vanderbilt Law Review

The Inheritance of Economic Status - by John A. Brittain

In the- mid-1960's and in the early 1970's, research results appeared that challenged conventional liberal beliefs about the causes and consequences of poverty. In 1966 the federal government published Equality of Educational Opportunity, a report prepared by James Coleman and his associates.' The data used in the report contained the startling result that, with some exceptions, within regions, the provision of educational resources was substantially uniform across racial and socioeconomic groups. Moreover, the data showed that what measurable differences existed between the schools attended by disadvantaged and advantaged students did …

The Organized Bar--Yellow Brick Road To Legal Services For The Poor, Lawrence L. Thompson

Vanderbilt Law Review

The experience of GILS-GLSP demonstrates that the extensive investment of time necessary to involve the organized bar in the legal services effort can make a vital contribution to the development of a stable, professional, statewide, legal services program. Bar support eases access to the political process, improves community relations, and facilitates program funding. Furthermore, bar support helps reduce the political strife that has heretofore plagued legal services programs. The rewards of such an approach can be great. Adequate funding obtained with active bar support has enabled GILS-GLSP to provide increasingly comprehensive legal services to indigent clients. From a modest budget …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Book Notes, Law Review Staff

Vanderbilt Law Review

CONGRESS AND THE PUBLIC TRUST Report of the Association of the Bar of the City of New York Special Committee on Congressional Ethics New York: Atheneum, 1970. Pp. xxvii, 351. $8.95.

How TO TALK BACK TO YOUR TELEVISION SET By Nicholas Johnson Boston: Atlantic Monthly Press, 1970. Pp. ix, 228. $5.75.

THE QUALITY OF THE URBAN ENVIRONMENT Edited by Harvey S.Perloff Washington: Resources for the Future, Inc., 1969. Pp. xiii, 332.$6.50.

WELFARE MEDICAL CARE: AN EXPERIMENT By Charles H. Goodrich, Margaret C. Olendzki, and George G. Reader Cambridge: Harvard University Press, 1970. Pp. viii, 343. $7.00.

State Legislative Services: An Overview, Law Review Staff

Vanderbilt Law Review

Increasing awareness of the critical needs of the state legislatures has stimulated a number of groups to study these needs and suggest reforms. As a result of these efforts, the problems in this area are well-defined. However, all too often the states have failed to take an overview of the needs of the legislative branch; instead most efforts in this area have been directed towards the solutions of specific problems. The result has been as follows: a specific service agency will be created in response to a felt need; subsequently the agency will assume additional duties under the force of …

Attorney's Fees: Where Shall The Ultimate Burden Lie?, James H. Cheek, Iii

Vanderbilt Law Review

Unfettered access to the courts is the cornerstone of the American concept of justice, yet even today we are far from achieving this ideal. Recently much progress has been achieved in improved legal services for the poor;' but the poor will never have completely free access to the courts unless the American rule that each litigant must bear the burden of paying his own attorney's fees is changed...

Since the first note of protest in 1925, a few writers, recognizing the intimate relationship between attorney's fees and full relief for the wronged party, have urged the adoption of some form …

The Rule Of Law And The Modern Social Welfare State, Roscoe Pound

Vanderbilt Law Review

Professor Friedmann, who had already made a notable contribution to jurisprudence in his Legal Theory, now in its second edition, has now made a second and perhaps even more notable contribution toward understanding the role and presaging the future of the common law system in the society of today. His purpose is a reassessment of the function of law and of legal institutions in England a half century after Dicey's Law and Public Opinion in England during the Nineteenth Century, comparing the economic function of law and how the common law was adapted to it in the nineteenth century with …

The Interpretation Of Statutes In Modern British Law, W. Friedmann

Vanderbilt Law Review

Mr. Justice Frankfurter recently said that the number of cases coming before the Supreme Court of the United States which were not based on statutes was "reduced almost to zero." This growth of statutory as against pure case law is, of course, not confined to the United States. It inevitably accompanies the social welfare state and the increase in government which every modern industrial society has experienced and which two world wars, with their need for the total mobilization of resources, have further stimulated. Apart from these sociological factors which affect states with the most different legal systems, it is …

The Employment Security Program (With Special Reference To Tennessee Unemployment Insurance), E.J. Eberling

Vanderbilt Law Review

Employment security was one of the major programs for which provision was made in the Social Security Act of 1935. Under its terms a tax program was instituted which encouraged the states to enact unemployment insurance laws and expand their employment services. The Act imposed a federal tax on the payrolls of subject employers against which such employers were permitted to offset the major part of the taxes which they paid under state unemployment insurance laws. Since employers in states which did not enact appropriate insurance laws were liable for the full federal tax, the states acted speedily to set …