Law Commons^™

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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Compensation For Victims Of Crimes, Law Review Staff

Vanderbilt Law Review

The steadily increasing number of crimes in the United States and other Western countries brings about not only the destruction of property and the expenditure of money and effort to apprehend and punish the criminals, but also physical injury to thousands of innocent victims.' Although our society has established elaborate safe-guards for the rights of the accused criminal, the injured victim is left to shoulder the responsibility of paying his own medical bills and providing for his own living expenses while he is unable to work. Because of the extremely high cost of medical and hospital care, even a well …

The Right To Effective Counsel In Criminal Cases, Ernest G. Kelly, Jr.

Vanderbilt Law Review

Under the Constitution of the United States as well as the laws of many states, a defendant in a criminal action is entitled not merely to the formality of representation by any counsel but also to some degree of efficacy in this representation. Determining whether this right to effective counsel has been violated is a difficult problem. One source of difficulty is the potential conflict between two strong public policy considerations: the desire to spare a defendant the injustices which can result from ineffective representation as opposed to the need for finality of judgments and the orderly functioning of the …

Criminal Law And Procedure -- 1964 Tennessee Survey, Graham Parker, Robert E. Kendrick

Vanderbilt Law Review

The substantive criminal law receives little attention from the Tennessee appellate courts. No doubt this observation would be equally true of most jurisdictions. To one who received his legal training in a common law system of criminal law and who yet has had some experience with Canada's federal code of criminal law, the emphasis on criminal procedure is surprising. Does this mean that the state codes of substantive law have reached such heights of perfection and expertise that the efforts of the Model Penal Code draftsmen are unnecessary or, at best, academic? It is unlikely. The position rather reflects a …

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.