Law Commons^™

Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke

Vanderbilt Journal of Transnational Law

This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …

Open Space Taxation And State Constitutions, David A. Myers

Vanderbilt Law Review

this Article will first examine the theoretical function and form of state constitutions. This analysis can in turn be used to develop criteria for evaluating the content of these open space amendments. These criteria can then be used to suggest alternative methods of constitutional change that will allow state governments to respond most effectively to contemporary problems in the taxation of real property.

... This Article has been concerned with the various justifications for putting open space taxation provisions in state constitutions. It should be noted, however, that these amendments can have important negative effects on state constitutional law. Because …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …

Non-Discrimination In The Sale Or Rental Of Real Property, Edward W. Brooke, T. A. Smedley, Arthur Kinoy, Sam J. Ervin, Jr.

Vanderbilt Law Review

The final version of the Fair Housing title anticipates a more active role for the federal government in the areas not presently covered by state or prior federal law. There is a central distinction between the protection afforded by the Act and the Jones decision. Where the latter recognizes the right of citizens to have their rights adjudicated, the former recognizes that not every victim of discrimination is willing or can afford to undergo the difficulty and expense of private litigation. The Fair Housing Law therefore provides for certain types of federal initiative to guarantee those rights. At the same …

Real Property Depreciation Recapture: An Ineffectual Reform Of The Tax Laws, Charles S. Franklin

Vanderbilt Law Review

This note stems from a belief that an asymmetrical body of tax laws is a challenge to the legal profession which, by training, experience and tradition, is well situated to spur and guide reform. It is my intention to outline the story of but one section of the Internal Revenue Code: why it was proposed, what it sought to do, how it underwent modification by an unsympathetic congressional committee, and how it was finally enacted as a superficial compromise with the underlying asymmetry of our tax laws. In short, what follows is an appended bar in the organ theme entitled …

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

Real Property -- 1961 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Probably no area of the law is fraught with more confusion than that involving construction of clauses in deeds and wills which impose some restraint on the conduct of grantees or devisees- seemingly not in the best interest of society. Clauses which tend to deter grantees or devisees from marriage or remarriage have constituted a fertile source of litigation for centuries. And though the stated rules of law prohibit and restrict the use of marriage or remarriage as a condition to vest or divest interests in real property, there are very few cases in which the courts in this country …

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 …

Real Property--1959 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

Future Interests.-The creation of divided interests in real property always carries with it problems in controlling the use and man- agement by the owner of the possessory interest. One of the most difficult problems in future interests is how to adjust the relation between the holder of a present possessory interest and the holder of a future interest in the same parcel of land. In resolving such problems many courts are influenced primarily by the nature (classification) of the future interest involved and have worked out with some degree of certainty the distribution of benefits and burdens in the simple …

Decedents' Estates, Trusts And Future Interests -- 1958 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

The subject matter of this article will be presented in three parts entitled Decedents' Estates, Trusts, and Future Interests. The developments of the year' consist of judicial decisions of the appellate courts in Tennessee, and the work of the Section on Real Property,Probate and Trust Law of the Tennessee Bar Association on a new statute concerning intestate succession for the state. Since the General Assembly was not in session, there were no legislative developments. The part entitled Decendents' Estates will include a discussion of intestate succession, wills, and the problems of fiduciary administration in decendents' estates. The problems of fiduciary …

Real Property -- 1958 Tennessee Survey, Thomas G. Roady, Jr.

Vanderbilt Law Review

In Bailey v. Eagle Mountain Tel. Co.' the supreme court in an opinion by Justice Swepston affirmed the chancellor of Knox County who had sustained defendant's demurrer to a specific performance action because he regarded the following language in complainant's claim of title as creating a fee simple determinable in the grantee.

"In consideration of love and interest we have in Education, we this day deed, transfer, and convey a certain lot or parcel of land .... To have and to hold for school purposes ... so long as the aforesaid lot of land is used for the aforesaid purpose." …

Creditors' Rights And Security Transactions -- 1958 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Fraudulent Conveyances: In Nashville Milk Producers, Inc. v. Alston' a bill to set aside transfers of a herd of dairy cattle alleged that the debtor in 1953 purported to transfer the herd to his wife, and that in 1955 the wife purported to transfer the herd to their son.Both transfers were alleged to have been made for no consideration,or a consideration that was not fair and adequate. The bill also charged that the conveyances rendered the grantor insolvent, and were part of a general scheme participated in by all three defendants to hinder, delay and defraud existing and subsequent creditors. …

Real Property -- 1957 Tennessee Survey, Thomas G. Roady Jr.

Vanderbilt Law Review

The Rule in Shelley's Case Revisited: During the period covered by this survey the Supreme Court of Tennessee handed down an opinion involving one of those problems periodically recurring in the real property field. In this decision the court revisited the Rule in Shelley's Case, pointing out the classic situation to which it applies and calling attention to the statute in Tennessee which abolished the Rule.

The question before the court was in terms of what estate the grantee, Ralph Parker, acquired where the conveyance was to "Ralph Parker and at his death to his bodily heirs." The court concluded …

Real Property -- 1956 Tennessee Survey, Herman L. Trautman

Vanderbilt Law Review

Bona Fide Purchases Without Notice: There were two cases, First Federal Savings and Loan Ass'n v. Dearth' and Harris v. Buchignani, decided during the year which concerned the title acquired by a purchaser of real property without actual notice of an unrecorded interest. The first of the above cases concerned a purchaser from the heir of the deceased record owner, and the second concerned a purchaser from a record owner who had previously executed a contract of sale which was not recorded. Both cases originated in Memphis.

Wills, Trusts And Estates (Herein Of Future Interests) -- 1955 Tennessee Survey, W. J. Bowe

Vanderbilt Law Review

Execution of Wills:

Under the Tennessee Code a will valid at the place of execution is valid under the laws of Tennessee. A testator domiciled in Tennessee executed a will in Mississippi in the presence of two witnesses, but thinking that the will should be acknowledged by a notary public rather than subscribed by the witnesses, he had the acknowledgment taken by a Mississippi notary public. As the Mississippi statute is peculiar in that it merely requires "that the Will shall be attested by two or more credible witnesses" rather than the usual "shall be both attested and subscribed" the …

Real Property -- 1955 Tennessee Survey, Wade H. Sides Jr.

Vanderbilt Law Review

Construction of Deed: Limitation to "My own living children": The deed presented for construction in Tipton v. Wynn, after conveying alife estate to the grantor's daughter, contained the following language:

"and after her death to the heirs of her body. In case she has no bodily heirs, then to my own living children."

When he executed the deed, the grantor had six living children, including the life tenant-grantee. Only one of the grantor's children, however, survived the life tenant, who died without bodily heirs. The complainants, certain heirs of those children of the grantor who had predeceased the life tenant, …

Wills, Estates And Trusts -- 1954 Tennessee Survey, William J. Bowe

Vanderbilt Law Review

Freedom of Testation: Other than the statutory forced share of a spouse' testators have almost unlimited freedom in the disposition of their property. A devise or bequest will be held invalid only when it runs counter to some well established rule of public policy. Thus gifts in violation of the rule against perpetuities, against accumulations or against restraints on alienations are void. Further, the courts will strike down capricious or whimsical bequests, as well as those which are conditioned upon the performance of illegal or tortious acts. But in absence of any violation of public policy a testator is free …

Real Property -- 1954 Tennessee Survey, Herman L. Trautman, James C. Kirby Jr.

Vanderbilt Law Review

Champertous Deeds and Adverse Possession: There were two cases, Robinson v. Harris, and State v. McNabb, which used the questionable champertous deed concept to reach what seem to be just results. The sixteenth century doctrine, enacted by statute in Tennessee, is that a deed of conveyance executed and delivered by a title owner while the land is held in the adverse possession of another is void. As pointed out in the 1953 Survey article, however, recent Tennessee cases have tended to ignore a line of nationally recognized Tennessee equity cases holding that the deed is not void; that the transfer …

Real Property, Herman L. Trautman

Vanderbilt Law Review

The Tennessee cases in the fields of Real Property and Future Interests have been quite abundant during the period' covered by this Survey. Because of the number of cases and the very interesting and novel problems presented in some of them, and because the scope of the law of Future Interests includes cases which involve Wills and Personal Property as well as Real Property, it is believed that the reader will find it more feasible to consider the Future Interest cases in a separate article appearing in this Survey. Therefore, notwithstanding some overlapping, the emphasis of this article will be …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONSTITUTIONAL LAW--RACIAL RESTRICTIVE COVENANTS--ALLOWANCE OF DAMAGES FOR BREACH

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CORPORATIONS--PARENT AND SUBSIDIARY--SUBSIDIARY AS INSTRUMENTALITY OF PARENT WHEN USED TO CARRY ON UNFAIR TRADE PRACTICES

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EVIDENCE--ADMISSIBILITY OF CONFESSION--SCOPE OF REVIEW OF COURT-MARTIAL BY COURT OF MILITARY APPEALS

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EVIDENCE--CONFLICT OF LAWS--APPLICATION OF DOCTRINE OF RES IPSA LOQUITUR

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EVIDENCE--DUE PROCESS--USE IN STATE PROSECUTION OF EVIDENCE FORCIBLY OBTAINED BY STOMACH PUMP

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EVIDENCE--ENTRIES IN THE REGULAR COURSE OF BUSINESS--TEST FOR EXTENT OF ADMISSIBILITY UNDER FEDERAL JUDICIAL CODE

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EVIDENCE--HEARSAY--ADOPTION OF LIBERAL ADMISSION RULES OF ADMINISTRATIVE TRIBUNALS IN ANTITRUST COURT ACTION

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EVIDENCE--IMPEACHMENT OF ONE'S OWN WITNESS--USE OF PRIOR INCONSISTENT STATEMENTS

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Formal Requirements For Creation Of The Oil And Gas Lessee's Interest, William D. Warren

Vanderbilt Law Review

The practice of the courts of employing almost as many varying and contradictory descriptions of the nature of the lessee's interest under the usual oil and gas lease as there are petroleum producing states has a historical origin which is clearly traceable. In the latter half of the nineteenth century as each of the known oil bearing states was slowly explored and developed for petroleum, it fell the lot of their courts to solve the complicated legal problems arising in this new and unique industry. Equipped with but little accurate scientific knowledge about the physical behavior of oil and gas, …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--DOMICIL FOR PURPOSES OF INCOME TAXATION--ABSENCE OF FIXED INTENT TO REMAIN IN RESIDENCE OR TO RETURN TO DOMICIL OF ORIGIN

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CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF STATE TAX UPON GROSS RECEIPTS OF SEGMENT OF INTERSTATE COMMERCE

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CONSTITUTIONAL LAW--PEACEFUL PICKETING--POWER OF STATE COURT TO ENJOIN

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CONSTITUTIONAL LAW--POWER OF COURT TO PUNISH FOR DIRECT CONTEMPT--OPPORTUNITY TO OBTAIN COUNSEL

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EVIDENCE--ADMISSIBILITY OF SCIENTIFIC TESTS--HARGER DRUNKOMETER TEST TO DETERMINE INTOXICATION

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FEDERAL JURISDICTION--REQUIREMENT THAT FEDERAL QUESTION APPEAR ON FACE OF COMPLAINT--APPLICATION TO DECLARATORY JUDGMENT ACTION

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INCOME TAXES--DEDUCTION OF BUSINESS EXPENSES--DEDUCTIBILITY OF PENALTIES FOR VIOLATION OF PRICE REGULATIONS

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INSURANCE--"COMPREHENSIVE" COVERAGE …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--FULL FAITH AND CREDIT--DOMESTIC SEPARATE MAINTENANCE DECREE SURVIVES FOREIGN DIVORCE

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CONSTITUTIONAL LAW--DUE PROCESS--USE OF PEREMPTORY'CHALLENGE TO EXCLUDE ALL MEMBERS OF ACCUSED'S RACE FROM TRIAL JURY

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CONSTITUTIONAL LAW--FREEDOM OF SPEECH--USE OF AMPLIFICATION DEVICE IN PUBLIC PARK HELD WITHIN CONSTITUTIONAL GUARANTEE

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CONSTITUTIONAL LAW--SEARCHES AND SEIZURES--EVIDENCE OBTAINED WITHOUT SEARCH WARRANT INADMISSIBLE THOUGH SEIZED IN PROCESS OF LAWFUL ARREST

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CONSTITUTIONAL LAW--RACIALLY RESTRICTIVE COVENANTS--JUDICIAL ENFORCEMENT AS STATE ACTION

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CONTRACTS--BROKER'S COMMISSIONS--RIGHT TO RECOVER UNDERDOCTRINE OF SUBSTITUTED PERFORMANCE

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CONTRACTS--COMMERCIAL FRUSTRATION--REQUIREMENT THAT A BASIC PURPOSE OF THE CONTRACT BE FRUSTRATED

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CRIMINAL LAW--CUMULATIVE SENTENCES--EFFECT OF STATE PAROLE UPON COMMENCEMENT OF …