Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

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

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

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

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

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

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

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

Insurance -- 1957 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Lee v. Occidental Life Ins. Co.' is one of first impression in this state, and considers the effect of a change in the by-laws and constitution of a labor union--with a corresponding change in coverage under a group insurance policy issued to the union--on the rights of an insured member of the union.

Life, Health and Accident Insurance In Alvis v. Mutual Benefit Health and Acc. Ass'n, the Supreme Court construed certain provisions of a ten-year annual increasing policy issued to the plaintiff's intestate by defendant insuror.

Labor Law And Workmen's Compensation -- 1957 Tennessee Survey, Paul H. Sanders, James G. Bowman Jr.

Vanderbilt Law Review

The decisions of Tennessee appellate courts during the survey period have dealt extensively with the major area of controversy in current labor relations law--federal preemption.' The number of Tennessee decisions handed down which relate to injunctions restraining directly or indirectly the activities of labor organizations exceeds that in any recent comparable period. Clarification of the law applicable in the courts of the state to such activities, however, has not been achieved through these decisions. Two were reversed subsequently without opinion by the Supreme Court of the United States, and these two reversals, in turn, present serious questions as to the …

Some Procedural Problems In Arbitration, Benjamin Aaron

Vanderbilt Law Review

By training and experience, lawyers are accustomed to deal with problems within a well-defined procedural framework. Familiarity with established rules of conduct, however archaic and nonsensical they may be, apparently does not breed contempt; on the contrary, it seems to enhance the average lawyer's feelings of security and self-confidence. Conversely, he is apt to become uneasy, irritable, even indignant, when compelled to function within a system of loose and flexible procedures, inconsistently applied according to a logic that to him is at best obscure and often inscrutable. The attorney who is not a labor relations specialist, and who only occasionally …

Informing The Arbitrator, Robert L. Howard

Vanderbilt Law Review

In any arbitration proceeding the representative of each party has a two-fold obligation of major importance to the arbitrator, the effective fulfillment of which is essential to the success of the arbitration process. In the first place, the arbitrator must be advised in clear and concise terms as to exactly what constitutes the issue or issues to be determined, which, of necessity, to be effective, must be preliminary to the presentation of the case proper. In the second place, it is, of course, equally important to have a clear presentation of each party's case after the issue has been formulated. …

The Proposed Uniform Arbitration Act Should Not Be Adopted, Alexander H. Frey

Vanderbilt Law Review

The primary reason why the proposed Uniform Arbitration Act should not be adopted is because, by an express provision in section 1, the Act is made applicable to "arbitration agreements between employers and employees or between their respective representatives." My experience as an arbitrator has been confined almost exclusively to labor disputes of which I have arbitrated hundreds. Consequently, I do not purport to be able to judge whether or not the proposed Act would be a valuable adjunct to the existing arbitration law in the area of commercial arbitration. But I am convinced that, if applied to labor arbitrations, …

Collective Bargaining, Labor Arbitration And The Lawyer, Nathan P. Feinsinger

Vanderbilt Law Review

The role of the lawyer in labor arbitration must be appraised in the light of his function in society generally and the unique demands of the institution of collective bargaining, of which arbitration has become an integral part.

The role of the lawyer generally is to assist in resolving conflicts among individual and group interests within a framework of rules developed by the common law or by legislation, as interpreted and applied by courts and administrative agencies. Operating within that framework, the lawyer advises his client whether and how he can accomplish his immediate objective. The professional skills which he …

A Lawyer's View Of Labor Arbitration, George E. Strong

Vanderbilt Law Review

The future of labor arbitration and the viewpoint of the lawyer with reference thereto depend very largely upon the arbitrators and their procedures, conduct and decisions. Of course, the parties and their counsel are under a duty, in the words of the Code of Ethics and Procedural Standards for Labor-Management Arbitration prepared by the American Arbitration Association and the National Academy of Arbitrators and approved by the Federal Mediation and Conciliation Service, "to approach arbitration in a spirit of cooperation with the arbitrator and should seek to aid him in the performance of his duties." Nevertheless, the arbitrator, like the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

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

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

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

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

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

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

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of vio- lation of an overtime clause dealing with equal distribution. In each …

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of violation of an overtime clause dealing with equal distribution. In each case …

Recent Cases, Law Review Staff

Vanderbilt Law Review

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

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

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

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

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

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

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

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LABOR …