Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
State Motor Vehicle Franchise Legislation: A Survey And Due Process Challenge To Board Composition, Gary M. Brown
State Motor Vehicle Franchise Legislation: A Survey And Due Process Challenge To Board Composition, Gary M. Brown
Vanderbilt Law Review
This Note briefly traces the rise of the franchise as the primary automobile distribution device, the problems that confronted early dealers, and their subsequent inability to secure judicial relief. After examining dealers' efforts in the legislatures and the resulting statutes this Note points out several infirmities that exist regarding state automobile franchise regulation. The Note then focuses upon a particular constitutional challenge to state automobile franchise legislation. Finally, the Note concludes that such legislation is either genuinely ineffective or leads to the anomalous result that dealers assume more powerful positions with respect to their manufacturers through unconstitutional means. Based upon …
Constitutional Law -- 1961 Tennessee Survey, James C. Kirby, Jr.
Constitutional Law -- 1961 Tennessee Survey, James C. Kirby, Jr.
Vanderbilt Law Review
Although a relatively small number of cases turned upon constitutional questions during the survey period, some important decisions were handed down in this area. In five separate decisions legislation was declared unconstitutional. The impact of the constitutional decisions varies from the right to millions of dollars in school funds in Shelby County and the salary of the clerk of General Sessions Court of Clay County to approval of permanent tenure for all franchised automobile dealers in the state. The scope of governmental power over the administration of estates, condemnation of private property and the pursuit of private businesses brought forth …