Digital Commons Network^™

Recent Decisions

South Carolina Law Review

No abstract provided.

The Constitutionality Of Electronic Eavesdropping, Rudolph C. Barnes Jr.

South Carolina Law Review

No abstract provided.

Constitutional Law, David W. Robinson Ii

South Carolina Law Review

No abstract provided.

Recent Decisions, J. K. Few

South Carolina Law Review

No abstract provided.

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

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Constitutional Law--Section 504 of LMRDA a Bill of Attainder

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Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

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Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

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Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

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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'

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Recent Cases, Law Review Staff

Vanderbilt Law Review

Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice

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Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act

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Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers

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Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional

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Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment

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Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure

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Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial …

Annual Survey Of Tennessee Law, E. Blythe Stason

Vanderbilt Law Review

In preparing the Survey of Administrative Law for 1964, we find only eleven cases upon which to comment. Seven of them arise from a single field of administrative action, i.e., the work of County Beer Boards. One is a zoning variation case, another involves a realtor's license revocation, and the other two are lower federal court cases decided in Tennessee, one relating to social security, and the other to an interpretation of the abandonment provisions of the Interstate Commerce Act. Compared with many other states this is a modest showing. Indeed, when one takes account of the number of boards …

Constitutional Law--The Scope Of The Escobedo Rule, Lester Clay Hess Jr.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, Frank Cuomo Jr.

West Virginia Law Review

No abstract provided.

[Constitutional Law Cases], Editors Of Osgoode Hall Law Journal

Osgoode Hall Law Journal

No abstract provided.

Attorney-General For Ontario V. Barfried Enterprises Ltd., [1963] S.C.R. 572, R. J. A.

Osgoode Hall Law Journal

No abstract provided.

Robertson And Rosetanni V. The Queen, [1963] S.C.R. 651, Lieberman V. The Queen, [1963] S.C.R. 643, R. J. S.

Osgoode Hall Law Journal

No abstract provided.

Oil, Chemical And Atomic Workers International Union, V. Imperial Oil Ltd. Et Al., [1963] S.C.R. 584, A. A. G.

Osgoode Hall Law Journal

No abstract provided.

Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron

Vanderbilt Law Review

The author here describes the events leading to the appointment of William Henry Moody to the United States Supreme Court. Here counts the pressures brought to bear on President Theodore Roosevelt and the considerations which led to the President's selection of Moody over Horace Harmon Lurton.

Salmon P. Chase: Chief Justice, David F. Hughes

Vanderbilt Law Review

This article is not an in-depth study of some aspect of Salmon P. Chase's career as Chief Justice. Nor is it a survey of his judicial career. Rather, it is an attempt to present an overall view of Chase as Chief Justice through an examination of a limited number of topics. Such an approach seemed appropriate, for the sweep of his days on the Court are not well enough known to make a detailed study of one aspect of his career particularly valuable, nor is enough known about him to make a summary more than an exercise in superficiality. In …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Fourteenth Amendment--Fifth Amendment Privilege Against Self-incrimination Applicable to States--Federal Standard Determinative

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Criminal Law--Habeas Corpus Relief Where Subsequent Decisions Reveal Prejudicial Error in Original Sentence

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Criminal Law--Probable Cause and Fourth Amendment Guarantees as Applied to State Parolees

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Criminal Law--Retroactivity of Mapp Exclusionary Rule

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Decedent's Estates--Res Judicata Effect Upon Heir Who Did Not Participate in Prior Will Contest

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Equity--Compulsory Medical Aid to Adult Who Objects on Religious Grounds

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Federal Courts--Vexatious Suit--Attorney's Fees as Element of Costs-Denial of Plaintiff's Motion to Dismiss With Prejudice

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Labor Law--Pre-emption--Applicability of Pre-emption Doctrine to Libel Action Arguably Subject to …

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.

Book Reviews

Fordham Law Review

No abstract provided.

Books Received

Fordham Law Review

No abstract provided.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Consignment Agreements To Fix Retail Prices

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Constitutional Law--Fifth Amendment-Denial of Passport

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Constitutional Law--State Procedure To Determine The Voluntariness of a Confession

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Criminal Law--Statutory Rape-Good Faith, Reasonable Belief That Female Has Reached Age of Consent as a Defense

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Insurance--Validity of Policy Provision Permitting Insured To Choose Forum for Determination, of Disputes Under the Policy

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Labor Law-Closing of Plant Due to Unionization

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Labor Law--National Labor Relations Act--Strike by Minority of Union as Protected Concerted Activity When in Support of Union Position

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Labor Law--National Labor Relations Act--Union's Duty of Fair Representation Not Implicit in Section 7--Discrimination …

Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch

Vanderbilt Law Review

Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

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

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

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

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

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

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

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

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Trade Regulation -- 1963 Tennessee Survey, Leo J. Raskind

Vanderbilt Law Review

In two cases, McKesson & Robbins v. Government Employees Department Store, Inc.,' and its companion, Plough, Inc. v. Hogue & Knott Super Market, the challenge to resale price maintenance, already successful in twenty-three other states, was brought to the Tennessee Supreme Court by appeals from two opinions holding the Tennessee Fair Trade Law unconstitutional. The historical background of fair trade legislation and the national controversy surrounding it since 1951 provide essential elements of perspective for consideration of these two cases.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Attorneys--Violation of Canon 27 by Encouraging or Permitting Favorable Publicity

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Constitutional Law--Dismissal of Criminal Charges Because of Deprivation of Right to Effective Counsel by Eavesdropping

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Criminal Law--Credit Card Invoice as a "Security" under National Stolen Property Act

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Criminal Law--Rights of Alleged Parole Violator at Revocation Hearing

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Labor Law--Federal Procedure--Right to Jury Trial under Section 17 of the Fair Labor Standards Act

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Labor Law--Representation. Elections--Provision on Ballot Allowing Vote for "No Representation"

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Labor Law--Unfair Labor Practice--Availability of Injunction Prior to Exhaustion of Administrative Remedies

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Taxation--Federal Estate Tax--Survivor's Annuity as Insurance Under Section 2039 a …

The Problem Of Group Defamation, Tom C. Clark

Cleveland State Law Review

It is my hope that the work of this symposium will contribute much to an understanding of the problems of group libel. But we cannot expect the judicial process to control such utterances. Heads get too hot and evil is too rampant. The final control must await the elimination of the three I's of this evil: Intolerance, Ignorance and Ignobility. They can be destroyed. They are not the inevitable results of increased social intercourse. They are not inherited- they are acquired. They cannot be legislated or decreed into the hearts and minds of men. It is for us- in the …

Legislature's Authority To Fix The Minimum Price At Which The Retailer Must Sell To The Consumer, C. R. Faucette

South Carolina Law Review

No abstract provided.

Comments

South Carolina Law Review

No abstract provided.

Stability And Change In Constitutional Law, Robert B. Mckay

Vanderbilt Law Review

Constitutional law, like other law, is rooted in the conservative tradition of the legal system as a whole and thus more willingly pays court to the muse of history and the force of precedent than to the muse of sociology and the demand for revision. It is therefore not surprising that lawyers read constitutions as law, in the ordinary meaning of that word, and that judges apply constitutional provisions as they do other law...

The Constitution of the United States was not cast in legal mold by accident, but by design that was itself the product of ineluctable history. A …