Digital Commons Network^™

Abstracts Of Recent Cases, J. E. J.

West Virginia Law Review

No abstract provided.

Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Book Review. Fellman, D., The Defendant's Rights, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

==================================

Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

==================================

Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

==================================

Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

==================================

Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

==================================

Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

==================================

Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Constitutional Law, Huger Sinkler

South Carolina Law Review

No abstract provided.

Constitutional Law -- 1957 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

During the survey period the Tennessee Supreme Court had occasion to deal with a major, though unsuccessful, attack upon the constitutionality of the state legislation providing for the apportionment of Senators and Representatives in the General Assembly. There were also important questions relating to constitutional limitations on the police power in the regulation of insurance and of the number and capacity of gasoline storage tanks by a municipality.

The separation between legislative, executive and judicial powers is made express in the Tennessee Constitution.' In addition, each of these coordinate branches of government is expressly enjoined from performing the functions of …

Constitutional Law -- Obscenity Statutes -- Freedom Of Speech, John M. Thomson

University of Miami Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Application of Privilege against Self-Incrimination to Denaturalization Proceedings

===============================

Constitutional Law--Implied Immunity--Federal Contractor not Subject to State Licensing Requirements

===============================

Evidence--Confession of Co-Conspirator Admissible under Proper Instructions in Joint Trial

===============================

Federal Jurisdiction--Injunctions--Judicial Code Section 2283 is Inapplicable to Injunctions sought by the United States

===============================

Judgments--Res Judicata--Voluntary Absence of Insured Constitutes Extrinsic Fraud

===============================

Labor Law--Unemployment Insurance--Double Affirmation Clause Held Unconstitutional

Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.

Vanderbilt Law Review

Although the work of the Supreme Court during the first few years was not great if measured in the number of cases handled, it would be a mistake to conclude that the six men who sat on the Bench during this formative period made no significant contribution to the development of American constitutional law. The Justices had few if any precedents to use as guides, and therefore their judicial work, limited though it was in volume, must be considered as stamped with the significance which attaches to all pioneer activity. Moreover, most of this work was done while on circuit …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Alimony may be Awarded Wife after Husband obtains Ex Parte Divorce

===============================

CONFLICT OF LAWS--FORUM NON CONVENIENS APPLIED FOR PROTECTION OF LOCAL INTERESTS

===============================

CONSTITUTIONAL LAW--IMPAIRMENT OF CONTRACT--EXISTING AUTOMOBILE DEALERSHIP CONTRACT MAY BE CHANGED TO PROTECT THE GENERAL WELFARE

===============================

CRIMINAL LAW--BIGAMY--GOOD FAITH BELIEF THAT ACCUSED WAS DIVORCED IS A DEFENSE TO A CHARGE OF BIGAMY

===============================

EVIDENCE--RELEVANCY--ADMISSION OF HABIT EVIDENCE TO SHOW DUE CARE

===============================

FEDERAL TORT CLAIMS ACT--SCOPE OF EMPLOYMENT--GOVERNMENT'S LIABILITY FOR SKYLARKING AIRCRAFT

===============================

INCOME TAXATION--RESERVE WITHHELD BY FINANCE COMPANY AND CHARGEABLE WITH AMOUNT OF DISHONORED NOTES NOT ACCRUABLE AS INCOME TO INDORSER

===============================

LABOR …

A Missing Link In The Evolution Of Due Process, Wallace Mendelson

Vanderbilt Law Review

On the eve of the American Revolution, Blackstone could comment that "so great.., is the regard of the [English] law for private property ... it will not authorize the least violation of it; no, not even for the general good of the whole community."' A similar concern for proprietary interests soon found expression on this side of the Atlantic in what Professor Corwin has called "The Basic Doctrine of American Constitutional Law"; namely, the "doctrine of vested interests." The general purport of this concept was that "the effect of legislation on existing property rights was a primary test of its …

Constitutional Law -- 1956 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Several major constitutional problems were presented to the Tennessee Supreme Court during the survey year. There were no startling developments in the court's disposition of these cases, nor in the opinions proclaimed in each instance. The court avoided what it termed a "spectacular exhibition of judicial sophistry" in giving constitutional approval to certain activities of a religious nature in the public schools. In the regulation of economic affairs the court found no valid basis for a statute prohibiting the offering of benefits or premiums in connection with the sale of gasoline. Basic allocations of governmental power were involved in a …

Case Notes

South Carolina Law Review

No abstract provided.

Book Reviews, Robert J. Harris, Charles B. Nutting (Reviewer), Daniel Walker (Reviewer)

Vanderbilt Law Review

Book Reviews

American Constitutional Law By Bernard Schwartz Cambridge:Cambridge University Press, 1955. Pp. xiv, 364. $5.00

reviewer: Robert J. Harris

=================================

The Development of Academic Freedom in the United States By Richard Hofstadter and Walter P. Metzger New York: Columbia University Press, 1955. Pp. xvi, 527. $5.50

Academic Freedom in Our Time By Robert M. MacIver New York:Columbia University Press, 1955. Pp. xiv, 329. $4.00

reviewer: Charles B. Nutting

================================

Military Justice in the United States

By Robinson 0. Everett

Harrisburg: Military Service Publishing Company, 1956. Pp. 338

reviewer: Daniel Walker

Toth V. Quarles -- For Better Or For Worse?, William R. Willis Jr.

Vanderbilt Law Review

In summary, it would appear that the Supreme Court, through the Toth decision, has created a situation that bears a potentiality of injustice and social detriment completely out of proportion to that feared from the provisions in the Uniform Code of Military Justice unhesitatingly declared unconstitutional. If the Court had adopted a practical and realistic approach to the problem, comparing the rights of the individual under both the constitution and military law, and visualizing the problem created by its present decision, the result could have been different. Now, Congress must attempt remedial action and determine the method of cure that …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites

Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation

Contracts--Place of Making--Acceptance by Instantaneous Means of Communication

Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee

Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim

Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control

Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution

Corwin: The "Higher Law" Background Of American Constitutional Law, Charles M. Whelan S.J.

Michigan Law Review

A Review of The "Higher Law" Background of American Constitutional Law. By Edward S. Corwin.

Sales Taxation In Interstate Commerce, Paul J. Hartman

Vanderbilt Law Review

A treatment of the constitutional problems involved in "sales taxation" concerning multi-state sales transactions should cover more than "sales taxes" as that terminology ordinarily may be understood. The ordinary "sales tax" includes within its scope all business sales of tangible personal property at either the retailing, wholesaling, or manufacturing state. The statute, of course, often gives exemptions from the tax.

In many instances, however, the "sales tax" also is imposed on other kinds of transactions. Sometimes the sale of professional services and other services, of real property, and of intangible personal property is covered by the tax. Some states also …

The Use Tax: Its Relationship To The Sales Tax, Eugene Greener Jr.

Vanderbilt Law Review

The use tax was conceived as a necessary supplement to the successful administration of the sales tax. With a use tax, in addition to a sales tax, legislators felt they had developed a taxing method that was symmetrical and complete.

Thus, if for some reason a sale at retail of tangible personal property escaped tax, "the use, the consumption, the distribution, and the storage [of the property would be taxed] after it has come to rest in this state and has become a part of the mass of property in this state."'

But as the poet Robert Burns intimated about …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Governmental Activities--Recognition in Forum of Sister State's Original Revenue Claim

=================================

Constitutional Law--State Taxation of Interstate Commerce--Sales Tax on Shipboard Sales to Passengers

=================================

Courts--Certiorari from United States Supreme Court--Loss of Importance Ground for Dismissal

=================================

Domestic Relations--Adoption--Revocation of Consent by Natural Parents

=================================

Evidence--Admissibility--Exclusion of Evidence Obtained by Unreasonable Search and Seizure

=================================

Federal Procedure--Illegal Search--Injunction Against Agent's Testifying in State Court

=================================

Income Taxation--Claim of Right Income--Time of Deduction when Restoration Required

=================================

Malicious Prosecution--Privilege--Filing of Complaint with Bar Ethics and Grievance Committee

Political Questions: The Judicial Check On The Executive, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Constitutional Law, Huger Sinkler

South Carolina Law Review

No abstract provided.

Constitutional Law -- Indians -- Intoxicating Liquors, Morris Watsky

University of Miami Law Review

No abstract provided.

Address At Commencement Exercises Of Lander College, Strom Thurmond

Strom Thurmond Collection, Mss 100

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Jurisdiction to Modify Custody Decree after Child's Domicile Changes--Full Faith and Credit in Third State

Constitutional Law--Freedom of Speech--"Prior Restraint" of Motion Pictures

Corporations--Uniform Stock Transfer Act--Effect of Notice of Restriction on Transfer

Criminal Procedure--Contempt--Extent of Power of Trial Judge to Punish Summarily

Evidence--Post-Accident Statements--Theories of Admissibility

Insurance--Automobile Theft Policy--Meaning of "Possession" in Exclusionary Clause of Policy

Malicious Prosecution--No Recovery for Base Less Civil Action--Necessity of "Special Injury"

Malpractice--Negligent Prescription of Habit--Forming Drugs--Patent's Simulation of Pain as Contributory Negligenic

Constitutional Law-Right Of Public School Board To Discharge Teacher Invoking Privilege Against Self-Incrimination In Communist Investigation [Faxon V. The Committee, Mass. 1954, And Daniman V. The Board, N. Y. 1954]..........

Washington and Lee Law Review

No abstract provided.

Security And The Constitution, W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--ALIENS--CONSTITUTIONALITY OF McCARRAN ACT

CONSTITUTIONAL LAW--DUE PROCESS--DUTY OF NON-RESIDENT VENDOR TO COLLECT USE TAX

CONSTITUTIONAL LAW--DUE PROCESS--TAXABLE SITUS OF PROPERTY OF INTERSTATE AIR CARRIER

DOMESTIC RELATIONS--INFANTS--RIGHT TO DISAFFIRM SEPARATION AGREEMENT

DOMESTIC RELATIONS--RES ADJUDICATA--FAILURE TO CROSS CLAIM IN SEPARATE MAINTENANCE SUIT AS BAR TO SUBSEQUENT DIVORCE

FEDERAL JURISDICTION AND PROCEDURE--FEDERAL STATUTORY RIGHT--CHARACTERIZATION OF RIGHT FOR PURPOSE OF APPLYING STATE STATUTE OF LIMITATIONS

INCOME TAXATION--TAXABLE INCOME--INCLUSION OF PROCEEDS OF PUNITIVE DAMAGES

NATURAL GAS ACT--STATUTORY CONSTRUCTION--SCOPE OF STATUTE AS AFFECTED BY SUBSEQUENT DECISIONS

NEGLIGENCE--USED-CAR DEALER--DUTY TO INSPECT

SALES--IMPLIED WARRANTY--REQUIREMENT OF PRIVITY BETWEEN PROCESSOR AND ULTIMATE CONSUMER

TORTS--UNATTENDED AUTOMOBILE STATUTE--LIABILITY OF OWNER FOR …

Constitutional Law -- 1954 Tennessee Survey, Edwin F. Hunt

Vanderbilt Law Review

During the period under consideration the most important developments for Tennessee in the field of Constitutional Law were amendments to the State Constitution. This Constitution, adopted in 1870, was the oldest unamended constitution in the United States until eight proposed amendments were ratified by the voters on November 3, 1953. That the Tennessee Constitution had been unchanged for so many years was the result of several factors, most obvious of which was the fact that such constitution was especially difficult to amend.

under the amending provision' amendments required approval of a majority of the entire membership of both Houses of …

Conflict Of Laws -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

There are three Tennessee Supreme Court cases involving Conflict of Laws and an equal number of federal cases arising in Tennessee. One of the state cases raises constitutional questions and the United States Supreme Court may someday disagree with the Tennessee court.

"Stockholders' Liability." This case is Paper Products Co. v. Doggrell. The facts are not complicated, but a rather involved mix-up developed between the state and federal courts.

Doggrell, Konz and Whitaker were sole stockholders in an Arkansas business association entitled Forest City Wood Products, Inc., with principal office located in St. Francis County, Arkansas. Doggrell and Konz were …