Digital Commons Network^™

Constitutional Law: Freedom Of Religion--Peyote And The Native American Church, George De Verges

American Indian Law Review

No abstract provided.

Cincinnati V. Hoffman: A Critical Analysis Of The Constitutionality Of A Municipal Disorderly Conduct Ordinance, Diane Williams Shelby

Cleveland State Law Review

Case comment on Cincinnati v. Hoffman.

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

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THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)

Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara

Cleveland State Law Review

The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH

LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS

SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT

COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION

2. BORDER SEARCHES

A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST

3. CONSTITUTIONAL LAW

STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE

4. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Horizontal Territorial Restraint--Allocation of Territories Among Members of Cooperative Purchasing Association Is Per Se Violative of Section 1 of the Sherman Act

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Antitrust--Robinson--Patman Price Discrimination Act--Complaint Charging That Profits Derived from Interstate Sales Were Used To Underwrite Allegedly Discriminatory Intrastate Price-Cutting Practices States a Cause of Action Under Section 2(a)

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Bankruptcy--Corporate Reorganization-Trustee in Reorganization Lacks Standing To Sue Indenture Trustee on Behalf of Debenture Holders

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Constitutional Law--Commerce Clause--Exactions on Airport Users by Local Governments Measured by Number of Enplaning Passengers Are Constitutionally Valid

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Constitutional Law--Right to Speedy Trial--State-Imposed Five-Year Delay Does Not Abridge Right to Speedy …

Book Review: Constitutional Change: Amendment Politics And Supreme Court Litigation Since 1900, By Clement E. Vose, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Recent Development, Law Review Staff

Vanderbilt Law Review

Prisons in the United States house approximately 220,000 felons,'95 percent of whom will eventually return to society Most state legislatures have delegated to prison administrative bodies the power both to establish regulations prescribing proper prison conduct and to impose sanctions for their violation. Prison administrators thus have been granted wide latitude in establishing the procedures by which prisoners are determined to be guilty of disciplinary infractions and punished. Frequently, prisoners who allegedly have violated prison standards are not afforded notice of their offenses, are judged by their accusers, and are awarded disproportionately severe punishment, such as solitary confinement or loss …

Congressional Power To Define The Presidential Pocket Veto Power, Arthur S. Miller

Vanderbilt Law Review

Two recent exercises of the "pocket veto" by President Nixon have evoked controversy over the constitutional distribution of power and responsibility for negativing congressional actions! On December 14,1970, Congress sent to the President Senate Bill 3418, the Family Practice of Medicine Act. The bill had originated in the Senate, which recessed at the close of business on December 22, 1970, until 12:00 o'clock noon on December 28. Before recessing, unanimous consent had been given the Secretary of the Senate to receive messages from the President during this period. At about the same time House of Representatives Bill 3571, a private …

Standing, Justiciability, And All That: A Behavioral Analysis, Robert A. Sedler

Vanderbilt Law Review

Whenever suit is brought in a federal court to challenge the constitutionality or validity of governmental action, the initial response of the government is, almost invariably, "The Court should not hear this case." Several arguments are frequently used. If a state law or action of a state official is challenged, the state will argue that the suit should have been brought in state court' and that the federal court should"abstain" pending a state court determination of state law. When administrative action is challenged, the principal defenses are failure to exhaust administrative remedies and nonreviewability of the action. If the plaintiff …

Recent Developments, Law Review Staff

Vanderbilt Law Review

Confession of judgment procedures' have seldom received unrestricted legislative approval by the states--the vast majority of jurisdictions have enacted legislation either to eliminate the practice entirely or to limit severely its use. Unrestricted employment of the procedure in consumer transactions is prevalent only in the states of Pennsylvania, Illinois and Ohio, which account for a preponderance of the confessed judgments in the United States today. Although the constitutional validity of cognovit notes has been questioned on numerous occasions, the Supreme Court had never addressed this issue until its recent decisions upholding the use of these devices in D.H. Overmyer Co. …

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

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Antitrust--Treble Damage Class Actions--Privity with Defendant Required To Maintain Suit

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Constitutional Law--Equal Protection-State Probate Code Discriminating in Favor of Males Violates Equal Protection Clause

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Constitutional Law--Federal Preemption--Atomic Energy Act Requires Exclusive Federal Regulation of Radioactive Discharges from Nuclear Power Plants

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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 …

Miranda Warnings In Other Than Police Custodial Interrogations, Marvin E. Sable

Cleveland State Law Review

The court, in Miranda, was quick to point out, however, that the decision in that case did not suppose to vitiate the confession as a tool of law enforcement officers in ferretting out criminals. Likewise, volunteered statements of any kind were specifically exempted from the exclusionary rule that was applied to Miranda-type admissions only. Much of the progeny of Miranda addressed itself to just such types of admissions. Oftentimes, the courts dissected the seemingly unitized custodial interrogation requirement of Miranda by turning their decisions of its inapplicability upon the absence of either the "custody" or the "interrogation" aspect

Parochiad And Prayer: A Perplexing Problem, William R. Fifner

Cleveland State Law Review

This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.

Constitutional Law--Statutory Filling Fee Applied To Indigent Person As A Condition Precedent To Discharge In Bankruptcy Held Violative Of Equal Protection, James M. Griffin

South Carolina Law Review

No abstract provided.

Constitutional Law--Statutory Provision Allowing Public Schools To Be Financed Primarily By Local Property Taxes Is Unconstitutional Denial Of Equal Protection Of The Law, Michael F. Mullinax

South Carolina Law Review

No abstract provided.

Constitutional Mandate Of Lex In Foro Loci Delicti, Maurice R. Franks

Cleveland State Law Review

It is the writer's hypothesis that a state is constitutionally required to apply its own law to a travel tort which has occurred within its territorial jurisdiction and which is sued upon in its courts. In other words, the interest analysis test - application of the law of the state having the strongest interest in a particular issue - may not be used in foro loci delicti (in the forum of the place of the tort).

Recent Decisions, Arthur R. Louv, Mark R. Von Sternberg, Jesse W. Hill, Glen T. Oxton

Vanderbilt Journal of Transnational Law

ADMIRALTY--DAMAGES--AWARD ALLOWED FOR EMOTIONAL DISTRESS OF SURVIVING SPOUSES AND CHILDREN, OR PARENTS, UNDER GENERAL MARITIME LAW

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ANTITRUST--EXTRATERRITORIAL JURISDICTION--EFFORTS TO SECURE ACTION BY A FOREIGN STATE CONDUCIVE TO MONOPOLIZATION NOT PRIVILEGED; ACT OF STATE DOCTRINE BARS ANTITRUST CLAIM ARISING FROM ACTS OF A FOREIGN SOVEREIGN ALLEGEDLY INDUCED BY DEFENDANT

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CONSTITUTIONAL LAW--CITIZENSHIP--FIVE YEAR STATUTORY RESIDENCE REQUIREMENT AS A CONDITION SUBSEQUENT TO RETENTION OF CITIZENSHIP BY PERSONS BORN ABROAD NOT VIOLATIVE OF FIFTH AMENDMENT DUE PROCESS

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PRIVATE INTERNATIONAL LAW--SOVEREIGN IMMUNITY--EXECUTIVE SUGGESTION BINDING ON COURTS DESPITE CONTRACTUAL WAIVER OF IMMUNITY

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

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ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

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ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

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ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

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CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

Constitutional Law--Elections--Is There A Constitutional Right To Change Parties?, Robert Rosen

South Carolina Law Review

No abstract provided.

Constitutional Law--Imprisonment Of The Indigent For Non-Payment Of Fines, Richard A. Arnold

South Carolina Law Review

No abstract provided.

Speedy Trial - No Mere Ceremonial, Robert B. Henn

Cleveland State Law Review

In recent years, there has been a progressive refinement of individual rights, to the extent that due process must be accorded to the participant in not only judicial proceedings, but administrative actions as well. Yet, in the face of this, the anomaly exists that one highly important individual right, clearly defined by the Speedy-Trial Clause of the Sixth Amendment, is persistently abused by courts who adhere to overly strict, and demonstrably improper, interpretations of its requirements, and by prosecutors who seem to feel that a prompt determination of the innocence or guilt of the accused is a matter of grace, …

Billboard Regulations, And Aesthetics, Richard Sutton

Cleveland State Law Review

The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."

Attacking Discrimination Through The Thirteenth Amendment, Avery S. Friedman

Cleveland State Law Review

The inadequate avenues of direct relief available to those groups that have been discriminated against have been a cause of frustration and a source of alienation leading in certain instances to violence. The inability of our legal system to assure equal job opportunity has contravened the very essence of the thirteenth amendment of the United States Constitution prohibiting slavery.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

A FEDERAL COURT Is NOT COMPELLED To ASSERT ITS ADMIRALTY JURISDICTION WHEN THE LITIGANTS HAVE INSUFFICIENT CONTACTS WITH THE UNITED STATES OR WHEN A GOOD FAITH CLAIM FOR EARNED WAGES IS NOT SUPPORTED BY THE EVIDENCE

SHIPOWNER GUILTY OF DERELECTION IN ITS NONDELEGABLE DUTY To FURNISH A SEAWORTHY VESSEL HELD NOT ENTITLED TO INDEMNIFICATION

INJUNCTION FOR THE REMOVAL OF A DAMAGED VESSEL CANNOT BE GRANTED IN A DIRECT ADMIRALTY PROCEEDING FOR THAT PURPOSE

SHIPOWNER'S LIABILITY FOR DAMAGE TO GOODS Is NOT LIMITED UNDER EITHER THE CARRIAGE OF GOODS BY SEA ACT OR THE FIRE STATUTE WHEN OWNER FAILED …

American Civil Liberties And Constitutional Change, Donald P. Kommers

Journal Articles

This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.

Legislative Purpose, Rationality, And Equal Protection, Robert F. Nagel

Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …

Varieties Of Detention And The Fourth Amendment, Joseph G. Cook

Scholarly Works

No abstract provided.