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Stability And Change In Constitutional Law, Jerre S. Williams

Vanderbilt Law Review

This characterization of the role of the United States Constitution by the great Chief Justice one hundred and forty-four years ago accurately sets the scene for a consideration of stability and change in constitutional law. To have viewed the United States Constitution as a code would have been contrary to the entire common-law tradition out of which it grew. Instead, as this quotation reveals, it has never been seen as establishing a set, unchangeable meaning. The history of constitutional interpretation in the United States reveals that Pound's famous dictum, "law must be stable and yet it cannot standstill," is not …

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Recent Case Comments --

Accounting--Return To Be Allowed Utilities on Deferred Tax Reserves Instituted in Connection with Accelerated Depreciation Methods

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Conflict of Laws--Torts--Repudiation of Place of Injury Rule

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Constitutional Law--Due Process--Juvenile Court Proceeding a Bar to Subsequent Criminal Trial for the Same Act

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Family Law--Divorce--Insanity as a Defense to Action--for Divorce on the Ground of Cruelty

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Labor Law--Unemployment Compensation-Status of Laid-Off Worker Under No--Strike Clause

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Real Property--Future Interests--Valuation of Possibility of Reverter

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Taxation--Federal Income Tax--Deductibility of Contingent Witness Fees

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Torts--Warranty--Relation of Foreseeability of Risk to the Implied Warranty of a Cigarette Manufacturer

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Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade--Applicability of Section 7 of Clayton Act to Bank Mergers

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Constitutional Law--Appointment of Counsel for Indigent Defendants in State Criminal Trials

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Constitutional Law--Civil Rights--State Action--Effect of Standard Urban Redevelopment Land Use Covenant

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Constitutional Law--Free Exercise of Religion--Denial of Unemployment Compensation to Seventh-Day Adventist

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Constitutional Law--Self Incrimination--Effect of a Defendant's Comment on His Codefendant's Silence

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Labor Law--Ability of Individual Employee To Bring Suit Under Section 301 of Taft-Hartley Act

Road Blocks To Inspect Drivers' Licenses

Washington and Lee Law Review

No abstract provided.

Constitutional Law -- 1962 Tennessee Survey, James C. Kirby, Jr.

Vanderbilt Law Review

I. Delegation of Legislative Power to Metropolitan Charger Commission

II. Right to Jury Trial: Special Findings Without General Verdict

III. Due Process of Law: In Personam Jurisdiction Over Nonresident Individual

IV. Due Process: Expulsion from Public University Without Hearing

V. Equal Protection: Legislative Apportionment

VI. Legislative Classification: Suspension of General Law for One County

VII. Legislative Classification: Exemption from Carrier Regulation

VIII. Equal Protection: Racial Discrimination

IX. Standing to Challenge Constitutionality

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administration of Justice-Federal Rules of Civil Procedure--District Court Has No Power To Penalize Counsel for Delay Which Violates Standing Orders of Court

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Carriers--Routes-Action for Reparation Available Under Motor Carrier Act for Unreasonable Routing Defendant motor carrier transported shipments for plaintiff shipper

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Constitutional Law--Full Faith and Credit--Collateral Attack on Errors of Court of Prior Forum

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Restraint of Trade--Labor Law-Where Defendants Stipulated They Were Independent Contractors and Joined Union To Fix Prices, Having No Other Legitimate Union Interest, Membership May Be Terminated Under Sherman Act

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Domestic Relations--Annulment--Female Impotence Is Made Curable by the Surgical Creation of a Functional …

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Workmen's Compensation--Forum's Use of Foreign State's Tort Law for Recovery Against Third Party Does Not Require Forum's Use of Foreign State's Election Provision in Workmen's Compensation Suit

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Constitutional Law--Advertising-Statute Restricting Size,Number, and Location of Gasoline Price Signs Is Unconstitutional

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Evidence-Attorney--Client Privilege--Applicability When a Corporation Is the Client

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Evidence--Attorney-Client Privilege-Doctor's Report to Attorney on Condition of Client Is Within Privilege

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Federal Jurisdiction--In Federal Question Action Federal Court Is Competent To Exercise In Personam Jurisdiction Over Corporation if It Has Sufficient Contacts With United States

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Federal Rules of Civil Procedure--Counterclaim Not Compulsory in First Suit …

Book Note, Law Review Staff

Vanderbilt Law Review

The book is divided into three major parts. Included in each of these parts are articles written by men who have studied these issues at length. Part I, "The People and Their State Government," deals with issues regarding an individuals relationship to his state--his protections against and his control over governing authorities. The second part, "The Representatives of the People," concerns itself with the established structure of state government and its effect on the quality of local leadership there under. Part III, entitled "The Powers of the State," explores the powers which are given and those denied to the state …

Constitutional Law, Huger Sinkler, Theodore B. Guerard

South Carolina Law Review

No abstract provided.

Book Reviews

Fordham Law Review

No abstract provided.

Priority Paradoxes In Patent Law, Richard H. Stern

Vanderbilt Law Review

The constitutional provision governing patents gives Congress the power to promote the progress of useful arts "by securing for limited Times to... Inventors the exclusive Right to their... Discoveries. "'Because an "exclusive right" suggests an exclusive grant, the Patent Office interference proceeding has been created for the purpose of determining administratively the question of priority of rights between two or more parties claiming substantially the same invention. This article attempts to state in terms of an informal axiomatic system the rules of law for determining priority of invention, and then examine that system to explore its possible paradoxes Finally, an …

What's Wrong With Baker V. Carr?, Robert Lancaster

Vanderbilt Law Review

The decision of the majority of the Supreme Court in Baker v. Carr, the recently decided Tennessee Reapportionment Case, may well turn out to be one of the landmark decisions of American jurisprudence. If by reason of apathetic acquiescence such a judicial intrusion is permitted to go unchallenged and undebated, our federal system of limited and constitutional government may be further weakened. Although the balance of power as between the states and the national government has shifted and this shift has been reflected in and furthered by judicial interpretation of our Constitution, it seems questionable that such a far-reaching and …

Constitutional Questions Involved In The Expenditure Of Compulsorily Paid Union Dues Under The Railway Labor Act, Edwin R. Render

Vanderbilt Law Review

Prior to the enactment of federal labor legislation the negotiation and execution of union and closed shop contracts raised many legal questions of which compulsory payment of union dues and assessments was but one. Where an employer agreed to a closed' or union shop, few legal problems arose. Frequently, the employer only agreed to a closed or union shop after considerable pressure had been exerted, thus presenting the problem of the legality of economic pressure for such an objective. In the absence of statute, some state courts held that the closed or union shop was illegal,while others took the view …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Civil Rights Act of 1957 Gives Federal Court Mandatory Jurisdiction To Entertain Suit by the United States To Enjoin State Criminal Prosecution

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Conflict of Laws--Federal Tort Claims Act--Applicable Substantive Law Held To Be Whole Law of State Where Negligence Occurred

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Constitutional Law--Discrimination--Conviction for Disturbing the Peace in Lunch Counter Sit-in Held To Violate Due Process for Lack of Evidence

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Federal Courts--Erie Doctrine--Opinion Evidence Held Admissible Under Federal Rule 43(a) in Diversity Case

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Federal Courts--Federal Question Jurisdiction--Lack of Jurisdiction to Enforce Award of Airline System Board of Adjustment in Labor Dispute

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Interstate Commerce--Taxation--State Privilege Tax …

Appointment Of Counsel For Indigent Defendants, Reno S. Harp, Iii

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Administrative Law--Due Process--Expulsion From Public University Requires Notice and Hearing

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Antitrust Law--Investigatory Powers--Federal Trade Commission Has Right To Obtain Private Copies Of Privileged Census Information

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Constitutional Law--Due Process-Escheat By One State of a Fund Claimed By Other States Held To Violate Due Process

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Sales--Warranty--Advertisement That Cigarettes Are Harmless Held An Express Warranty

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Taxation--Income Tax-Deferral Of Prepaid Income Disallowed

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Taxation--Inheritance, Estate and Gift Taxes--Blockage Rule Rejected in Evaluating Stock For Ohio Succession Tax

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Taxation--Use Tax--Commerce and Equal Protection Clauses--Discrimination Against Multi-State Business

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Torts--Negligence--Vendor of Alcoholic Beverages Held Liable for Injuries to Intoxicated Vendee Despite …

Constitutional Law - Civil Rights - Leased Public Property And State Action, James D. Davis

Louisiana Law Review

No abstract provided.

Case Notes

South Carolina Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Restraint of Trade-Supreme Court Suggests A New Reading of Section 3 of the Clayton Act

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Civil Rights--Abatement and Revival--State Survival and Wrongful Death Statutes Adopted in Federal Civil Rights Act Suits

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Constitutional Law--Tenth Amendment-the Estate of A Veteran Dying Intestate Without Heirs May Constitutionally Escheat to the Federal Rather Than State Government

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Due Process of Law--A State May Deny An Applicant Admission to the Bar for Refusing To Answer Questions About His Advocacy of Subversive Organizations Or Objectives

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Federal Courts--State Security for Expenses Statute Inapplicable in Federal Equity Action Under Securities Exchange Act

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Federal …

Book Review. Wechsler, H., Principles, Politics, And Fundamental Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Freedom of Speech--Prior Restraint on Motion Picture Exhibition

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Criminal Law--Murder--Year and a Day Rule Rejected in Pennsylvania

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Real Property--Restraints on Alienation--Conveyance Giving Housing Cooperative First Option to Buy and Right to Redeem is not an Invalid Restraint on Alienation

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Taxation--Income Tax--Uncompensated Casualty Loss Due to Drought Allowed as Section 165 Deduction

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Torts--Negligence--Fireman in Performance of Duties Allowed Recovery as Invitee

Case Notes

South Carolina Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--DUE PROCESS--ADMINISTRATIVE AGENCY MAY DENY APPRISAL AND CONFRONTATION IN PURELY INVESTIGATIVE PROCEEDING

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CONSTITUTIONAL LAW--DUE PROCESS--STATE MAY DISCHARGE EMPLOYEE FOR FAILURE TO PERFORM STATUTORY DUTY TO ANSWER

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DAMAGES--REFUSAL TO INSTRUCT JURY TO CALCULATE LOSS OF EARNINGS ON THE BASIS OF NET INCOME AFTER TAXES

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EVIDENCE--ADVERSE SPOUSAL TESTIMONY--WIFE COMPELLED TO TESTIFY IN MANN ACT PROSECUTION

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FEDERAL PROCEDURE--CHANGE OF VENUE--TRANSFER OF CIVIL ACTION MUST BE TO DISTRICT HAVING STATUTORY VENUE

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FEDERAL TORT CLAIMS ACT--SUIT ALLOWED FOR NEGLIGENCE EVEN THOUGH ACCOMPANIED BY MISREPRESENTATION

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INSURANCE--FEDERAL TRADE COMMISSION--REGULATION BY STATE WHERE UNFAIR TRADE PRACTICE ORIGINATES DOES NOT OUST FTC …

The Rule Of Law In Historical Perspective, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

The Challenge Of The Rule Of Law, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Constitutional Law, Huger Sinkler

South Carolina Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Due Process--Duty of Non-Resident Vendor to Collect Use Tax

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Evidence--Criminal Law--Circumstantial Evidence Sufficient to Establish Corpus Delicti

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Evidence--Presumptions--Rebuttable Presumption Persists Until Trier of Fact Finds Nonexistence of Presumed Fact as Probable as its Existence

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Restraint of Trade--Sherman Act--Refusal to Sell as Unlawful Means of Effecting Price Maintenance

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Torts--Negligence--Vendor of Alcoholic Beverage to Intoxicated Minor Liable to Third Party

Public Speech And Public Order In Britain And The United States, Richard E. Stewart

Vanderbilt Law Review

This paper will not attempt a general comparison of free speech in Britain and the United States. It concentrates on one aspect of the free speech problem. That aspect is speech that does or may lead to a breach of the peace by the audience.'

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--PRE-EMPTION--FEDERAL COMMUNICATIONS ACT OF 1934 DOES NOT INVALIDATE STATE WIRETAPPING STATUTE

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CONSTITUTIONAL LAW--SCHOOLS--UNCONSTITUTIONALITY OF STATUTE REQUIRING BIBLE READING IN PUBLIC SCHOOLS

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CRIMINAL LAW--BRIBERY--OFFER TO GIVE MONEY TO CONGRESSMAN'S POLITICAL PARTY

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CRIMINAL LAW--CONFESSIONS--REQUIREMENT OF CORROBORATION OF EXTRAJUDICIAL CONFESSION

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EVIDENCE--EXPERT TESTIMONY--INADMISSIBILITY OF EXPERT TESTIMONY THAT A NARCOTIC ADDICT IS UNWORTHY OF BELIEF

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FEDERAL RULES CIVIL PROCEDURE--DECLARATORY JUDGMENTS--RIGHT OF COUNTERCLAIMING DEFENDANT TO TRIAL BY JURY

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PROFESSION OF LAW--UNAUTHORIZED PRACTICE--CORPORATION MAY ENGAGE IN ACTIVITIES CONSTITUTING PRACTICE OF LAW IF SUCH ACTIVITIES ARE INCIDENTAL TO ITS PRINCIPAL BUSINESS

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STATE AND LOCAL TAXATION--INVALID ASSESSMENTS-JUDICIAL REVIEW AFTER FAILURE TO …

The Constitution And The Standing Army: Another Problem Of Court-Martial Jurisdiction, Robert D. Duke, Howard S. Vogel

Vanderbilt Law Review

With the emergence of the Soviet menace after World War II, the United States has, for the first time in its history, found it essential to maintain, both here and abroad, a large standing armed force in what is technically peacetime. That has in turn brought to the fore important and novel questions concerning the jurisdiction which courts martial may constitutionally exercise. With millions of Americans serving and likely to serve in the armed forces, it is to be expected that the Supreme Court will scrutinize, with more care than ever before, legislation which purports to strip from these"citizen soldiers" …