Law Commons^™

Administrative Law Problems In The Unemployment Insurance Program, Reginald Parker

Vanderbilt Law Review

"A good government," Albert Einstein said recently, "not only gives its citizens a maximum amount of liberty and political rights but also provides for a certain amount of economic security."' Our Constitution provides for political rights and liberties but not for economic security. Unlike foreign federal constitutions it neither provides for it directly nor delegates social legislation to the states; nor does the Constitution expressly prohibit this type of law. As, however, the Constitution authorizes the states to exercise powers not reserved to the central government, it may be deduced that unemployment relief legislation is within the competence of the …

Annual Survey Of Tennessee Law Administrative Law -- 1954 Tennessee Survey, Paul H. Sanders

Vanderbilt Law Review

Administrative Law consists of those legal principles, whether of constitutional, statutory or common law derivation, which are generally concerned with the organization, relationships, powers and procedures of administrative agencies.' These are the agencies of government, other than the regular courts and legislatures, which can determine private rights through adjudication or affect these rights through the making of rules having the status of law. It will be noted that the definition excludes the substantive rules of law applied and developed through such agencies. Procedural in nature, it is an area of law in which the institution of judicial review of administrative …

The Elimination Of Surprise In Federal Practice, Alexander Holtzoff

Vanderbilt Law Review

There are occasions when in the interest of clarity of thought it behooves us to get back to first principles. When brought back to mind, these principles appear simple and obvious, but so much of our life's work is devoted to details that the tendency is for the trees to obscure the view of the forest, unless we stop at intervals and refresh ourselves by recalling fundamentals.

The courts exist for the purpose of administering justice. The objective of a law suit is to determine a controversy between man and man by ascertaining the facts, finding the governing principles of …

Book Reviews, Ralph F. Fuchs, Will A. Wilkerson, Walter C. Lindley, Robert S. Lancaster, Vincent V. Thursby

Vanderbilt Law Review

Administrative Procedure Legislation in the State

By Ferrell Heady

Ann Arbor: University of Michigan Press, 1952. Pp. 137. $1.00.

reviewer: Ralph F. Fuchs

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

Bar Examinations and Requirements for Admission to the Bar Prepared by Committee on Bar Examinations and Requirements for Admission to the Bar for the Survey of the Legal Profession

Colorado Springs: Shepard's Citations. 1952. Pp. xvii, 498. $5.00.

reviewer: Will Allen Wilkerson

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

Trial Judge

By Bernard Botein

New York: Simon and Schuster, 1952.Pp. 337 $5.00.

reviewer: Walter C. Lindley

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

The Spirit of Liberty: Papers and Addresses of Learned Hand Collected and with Introduction and …

Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)

Vanderbilt Law Review

Book Reviews

The Hearsay Rule

By R. W. Baker

London: Sir Isaac Pitman & Sons,Ltd., 1950. Pp. xxi, 180

reviewer: Edmund M. Morgan

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

Self-Incrimination: What Can an Accused Person be Compelled to Do?

By Fred E. Inbau

Springfield, Illinois: Charles C. Thomas, 1950.Pp. x, 91. $2.50

reviewer: Albert Williams

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

Administrative Law

By Kenneth C. Davis

St. Paul: West Pub. Co.,1951. Pp. xvi, 1024. $8.00

Administrative Law: A Test

By Reginald Parker

Indianapolis: The Bobbs-Merrill Co., 1952. Pp. x, 344. $5.50

Administrative Agencies and the Courts

By Frank E. Cooper

Ann Arbor; University of Michigan Law School, 1951. Pp. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ADMINISTRATIVE LAW--FINANCIAL RESPONSIBILITY ACT--REVOCATION OF DRIVER'S LICENSE WITHOUT HEARING

CONSTITUTIONAL LAW--ECONOMIC REGULATION--STATE COURT INTERPRETATIONS OF SUBSTANTIVE DUE PROCESS

CONSTITUTIONAL LAW--EMINENT DOMAIN FOR SLUM CLEARANCE--EFFECT OF SALE OR LEASE OF PROPERTY TO PRIVATE PERSONS FOR REDEVELOPMENT

CONSTITUTIONAL LAW--INTERGOVERNMENTAL RELATIONS--STATE SALES TAX ON INDEPENDENT CONTRACTOR DEALING WITH FEDERAL AGENCY WHOSE "ACTIVITIES" ARE EXEMPTED

CRIMINAL LAW--EFFECT OF PROOF OF COMPLETED CRIME ON CHARGE OF ATTEMPT--FATAL VARIANCE

FEDERAL JURISDICTION--FORUM NON CONVENIENS--STAY OF FEDERAL ACTION PENDING STATE DECISION

INSANE PERSONS--COMMITMENT PROCEEDINGS--REQUIREMENT OF REASONABLE NOTICE

RIGHT OF PRIVACY--PUBLICATION OF PICTURES AS OFFENSE TO "ORDINARY SENSIBILITIES"--QUESTION OF LAW OR FACT?

TRUSTS--DUALITY OF INTEREST--MERGER OF TITLE …

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute.' This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Evidentiary Privileges Against The Production Of Data Within The Control Of Executive Departments, William V. Sanford

Vanderbilt Law Review

In the conduct of their affairs the various executive departments and administrative agencies acquire much information--reports, documents, records of all kinds, and other data--which may be useful to litigants in civil and criminal actions. The public interest in a full and fair hearing of all disputes between individuals and between individuals and the state calls for the production and disclosure of all evidence relevant to the issues in dispute. This public interest calls for the production and disclosure of relevant evidence within the control of executive departments and administrative agencies. The evidence sought, however, may be of such a nature …

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED

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

ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT

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

CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING

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

CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES

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

CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE

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

CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL

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

CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES

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

FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED

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

INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY

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

LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADMINISTRATIVE LAW--RADIO LICENSES--FCC CONTROL OF RADIO PROGRAMMING

CONSTITUTIONAL LAW--CORPORATIONS--STATUTE REQUIRING SECURITY FOR COSTS IN STOCKHOLDER'S DERIVATIVE SUIT

CONSTRUCTIVE TRUSTS--TAX SALES--RIGHT OF REMAINDERMAN TO PURCHASE AT TAX SALE TO THE EXCLUSION OF LIFE TENANT

CRIMINAL PROCEDURE--EVIDENCE--EXCLUSION OF VOLUNTARY CONFESSION OBTAINED DURING ILLEGAL DETENTION

DOMESTIC RELATIONS--ALIMONY-POWER OF COURT TO MODIFY OR REMIT PAST DUE INSTALLMENTS

EMINENT DOMAIN--REMOVAL COSTS WHEN PART OF A LEASE IS TAKEN--EFFECT OF RENEWAL OF OPTION TAKING ALL OF LEASE

EVIDENCE--CHARACTER WITNESS FOR ACCUSED--CROSS-EXAMINATION AS TO KNOWLEDGE OF ARREST MANY YEARS PREVIOUSLY

FEDERAL PROCEDURE--FOREIGN CORPORATIONS--WAIVER OF VENUE BY DESIGNATION OF AGENT FOR SERVICE OF PROCESS

FULL FAITH AND CREDIT--SUIT …

An Examination Of The Tennessee Law Of Administrative Procedure, George Street Boone

Vanderbilt Law Review

The problem of judicial review, which has been considered in some de-tail, seems a fertile field for reform. Without intending to deprecate the ability and conscientiousness of the judiciary of the state, the continued dominance of administrative procedure by this group will effectively prevent the development of an efficient body of administrative servants to discharge the ever increasing functions which are being delegated to them.

Cooperation and mutual respect between the judge and the administrator are the foundation stones upon which any satisfactory system must be con-structed. This requires considerable legislation and an awareness on the part of the judge …

Tennessee Judicial Highlights, Journal Staff

Vanderbilt Law Review

CASES OF CURRENT INTEREST AND IMPORTANCE PREVIOUSLY NOTED

Baker v. State, 184 Tenn. 503 (1947), 1 Vand. L. Rev. 127 (1947). Accessory after the fact--when is felony complete?

Black v. Black, 202 S. W. 2d 659 (Tenn. 1947), 20 Tenn. L. Rev. 201 (1948).' Effect of reciting an oral contract to sell land in an undelivered deed.

Churn v. State, 184 Tenn. 646 (1947), 20 Tenn. L. Rev. 195 (1948). Testimony of arresting officers.

Davis v. Beeler, 207 S. W. 2d 343 (Tenn. 1947), 1 Vand. L. Rev. 451 (1948). Prohibition of practice of naturopathy in Tennessee.

Elliott v. Fuqua, …