Law Commons^™

Federal Regulation Of Emerging Genetic Technologies, Thomas O. Mcgarity, Karl O. Bayer

Vanderbilt Law Review

Over the past ten years scientists have perfected revolutionary techniques in the field of genetic engineering. Although this new technology promises to have enormous commercial and industrial value, some scientists fear that the risks accompanying genetic experimentation may outweigh its social benefits. In their Article Professor McGarity and Mr. Bayer examine the legal debate over how government should regulate this emerging technology. After describing various genetic engineering techniques and the risks underlying their use, Professor McGarity and Mr. Bayer discuss the elements of a regulatory framework adequate to handle the new technology and assess the existing regulatory structure in terms …

Ethics Inside The Law Firm: Do It My Way Or You're Fired, L. Harold Levinson

Vanderbilt Law Review

Part I of this Book Review examines the two business management models -- the autocratic and the "good" -- that Ewing discusses in his book and concludes that the "good" management model serves well as the basis for the law firm management theory that this Book Review proposes. Part II outlines the provisions of the Model Rules that are relevant to law firm management. Part III introduces this reviewer's theory of the fiduciary duties of law firm partners and their associates. Part IV gives a hypothetical example of two law firm associates who face a series of dilemmas when a …

The Deductibility Of Daily Transportation Expenses To And From Distant Temporary Work Sites, Michael D. Rose

Vanderbilt Law Review

In the Article Professor Rose addresses the uncertainty that has characterized judicial application of Internal Revenue Code provisions to daily transportation expenses to and from distant temporary work sites. Although the Internal Revenue Code disallows deductions for commuting expenses to and from work, transportation expenses between work sites are deductible. The courts have had some difficulty applying these principles to distant temporary work sites. Professor Rose argues that the United States Tax Court in Turner v. Commissioner has fomented much of this confusion. Although the court reached the correct determination on the facts, its rationale is flawed. According to Professor …

An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor

Vanderbilt Law Review

This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel, and punitive …

Seller Liability Under Section 12(2) Of The Securities Act Of 1933, Leonard A. Silverstein

Vanderbilt Law Review

This Note discusses which persons courts should deem to be"sellers" under section 12(2) according to their relationships to the challenged transaction. Part II examines the divergent approaches that courts have developed to identify seller status in the absence of legislative history. Part III analyzes the three major approaches and compares the scope of liability under each analysis. Last, part IV concludes that significant differences exist among these approaches and that courts uniformly should adopt a modified version of the proximate cause-substantial factor analysis

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This part examines each of the three approaches in particular situations and compares the results under …

Use Of Surveillance Evidence Under Title Iii, Thomas C. Banks

Vanderbilt Law Review

The rationale offered by Congress for requiring immediate sealing of wiretapping tapes by the court upon the completion of the interception period is to preserve the integrity of the tapes by preventing any tape tampering, alteration, editing, or other governmental bad faith. Congress, however, also added an exception to the sealing requirement that permits disclosure of the tapes' contents in a judicial proceeding if the government has contravened the sealing requirement yet has offered a satisfactory explanation for either a failure to seal or a delay in sealing. No circuit court treats sealing requirement violations in a manner that effects …

The American Codification Movement, A Study Of Antebellum Legal Reform, Robert W. Gordon

Vanderbilt Law Review

Between 1820 and 1850 American legal commentators became obsessed with whether legislatures should codify, either in whole or in part, the common law of the American states. Indeed, "[a]lmost every law writer after 1825 felt compelled to include his views [on codification] in his works of whatever sort."" The enormous literature that emerged from this period survives today to fascinate modern legal historians, who seem to have developed their own obsession for the "codification" issue. As Lawrence Friedman has said, "The codification movement is one of the set pieces of American legal history." Charles M. Cook's "The American Codification Movement: …

The Causation Issue In Workers'compensation Mental Disability Cases: An Analysis, Solutions, And A Perspective, Lawrence Joseph

Vanderbilt Law Review

Cases under workers' compensation systems that concern mental disabilities present special problems in the determination of causation. In this Article Mr. Joseph argues that the complexities inherent in a decision whether a mental disability has arisen out of employment force administrative agencies and courts in these cases to engage in normative evaluative inquiries. These inquiries, according to Mr. Joseph, result in findings that potentially frustrate the underlying compromise policy of workers' compensation systems; these evaluative decisions create classes of claimants that may be under or over inclusive. Mr. Joseph describes several possible solutions to this problem and concludes by reviewing …

Problems In Giving Obscenity Copyright Protection: Did Jartech And Mitchell Brothers Go Too Far?, Kurt L. Schmalz

Vanderbilt Law Review

This Recent Development traces in part II the emergence of the rule that obscenity is not copyrightable. Part III then examines the courts' reasoning in Mitchell Brothers and Jartech and analyzes the impact of these cases on copyright law. Part IV finds that although these courts properly vindicate free expression, they fail to recognize adequately the national policy against obscenity and the inconsistency of affording federal copyright protection to materials that violate federal obscenity laws. Thus, this Recent Development argues that the strong national policy against obscenity, as manifested in federal anti-obscenity statutes, requires courts in some cases to deny …

Tying Arrangements And Class Actions, Herbert Hovenkamp

Vanderbilt Law Review

This Article does not attempt to identify socially harmful tying arrangements." Rather, it draws upon the vast literature and case law of tying arrangements to suggest possible solutions to a perplexing problem in the law of antitrust class actions: under what circumstances do common questions predominate over individual questions in tying arrangement cases and thereby justify class action treatment? Courts today agree generally that although the amount of damages may vary considerably from one prospective class member to another, certification of a class action requires that the fact of injury be demonstrable by proof common to all members of a …

Free Speech And The Assumption Of Rationality, Frederick Schauer

Vanderbilt Law Review

First amendment doctrine is now both broad and complex, and the task of writing about all of it seems at least forbidding and perhaps impossible. Unthwarted by the magnitude of the mission, however, Franklyn Haiman has attempted, in Speech and Law in a Free Society,7 to survey and to integrate almost every area in which the first amendment restricts or should restrict the powers of the states and the federal government. Haiman's book is in some ways reminiscent of Thomas Emer-son's The System of Freedom of Expression." Like Emerson,Haiman devotes only a relatively brief introductory portion of his book to …

Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii

Vanderbilt Law Review

This Note begins with a discussion of the history of the regulation of state parties by state law and national party rules. The Note then traces the development of case law concerning state regulation of party delegate selection procedures. Finally, the Note explores the potential for credentials disputes and litigation on the primacy of state party rules over contrary state laws if both the party rules and the state regulations comply with the Delegate Selection Rules for the 1984 Democratic National Convention. The Note concludes that the first amendment right of freedom of association guarantees that a state party may …

Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman

Vanderbilt Journal of Transnational Law

Health disorders engendered by hazardous, exported foods, pesticides, drugs, and other products recently have attracted worldwide attention. The exportation of products which have been banned or highly restricted in their country of origin or which become hazardous in the environment of the importing nation is a popular issue for opponents of a perceived monolithic transnational industrial complex, as well as for critics of certain United States corporations. A more widely shared opinion is that the United States has a moral obligation to limit foreseeable harm from the export of potentially hazardous merchandise or at least to supply product hazard information. …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY

By Robert C. Casad

Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.

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COMPARATIVE LAW YEARBOOK

VOL. 4, 1980

Edited by Dennis Campbell

The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.

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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE

By Edward McWhinney

Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.

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THE ENVIRONMENTAL LAW OF THE SEA

Edited by Douglas M.Johnston

Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.

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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …

Swimming Against The Deregulatory Tide, Harry S. Gerla

Vanderbilt Law Review

Increasing pressure from institutional investors during the last two decades has led to indirect discounting practices that some commentators contend threatens the fixed price offering system. In response to this concern the SEC in 1980 approved new NASD rules designed to bar direct or indirect discounting in fixed price public offerings of securities. In this Article Professor Gerla argues that the SEC erred in approving the new NASD rules. Professor Gerla states that the new rules change drastically the Commission's policy that the fixed price system operate without direct or indirect government enforcement. Further, he contends that the SEC approved …

State Taxation Of Energy Resources: Are Consuming States Getting Burned?, Nancy E. Shurtz

Vanderbilt Law Review

The Arab oil embargo of 1973 and the severe energy shortage it caused in the United States prompted federal authorities to formulate a national energy policy that would encourage exploitation of domestic energy resources. As the federal government has implemented this energy policy, states rich in natural resources have begun to tax the energy mining and production operations within their borders.

In this Article Professor Shurtz discusses the constitutional limits of this taxation and examines how the revenues from these taxes alter the balance of wealth between energy-producing and energy-consuming states. Professor Shurtz concludes that revisions in revenue sharing formulae, …

Professional Competence And Social Responsibility: Fulfilling The Vanderbilt Vision, Sandra D. O'Connor

Vanderbilt Law Review

In our laudable attempt to train law students to "think like lawyers" by teaching them legal method, we must not lose sight of the fact that questions of professional responsibility cannot properly be resolved with the same legal framework of analysis. Rather,we must see that as professionals with almost exclusive access to our system of justice, we have moral responsibilities totally outside the scope of the legal rules, and not amenable to analysis in terms of legal method. It is time to return to consideration of the moral and spiritual foundations of our legal system. It is time to train …

The Interest In Limiting The Disclosure Of Personal Information: A Constitutional Analysis, Heyward C. Hosch Iii

Vanderbilt Law Review

This Note examines possible constitutional protections for the individual interest in restricting a government agency's dissemination of legitimately compiled personal information to the purpose for which it was originally obtained. Part II of this Note defines the substantive interest that underlies the individual's desire to limit disclosure of information about himself by the government. Part III examines Congress' response to the growing public concern for individual control of personal information and concludes that legislative action has been and likely will continue to be inadequate protection for the individual's interest in limited disclosure. The next part discusses the possible textual sources …

Dedication, Dean C. Dent Bostick

Vanderbilt Journal of Transnational Law

It is a privilege for me to write a few words about my friend and colleague, Professor Igor Kavass. It has been the good fortune of the Vanderbilt Law School to have this ingenious and engaging man's high competence over the last decade, and it has been my good fortune as Dean and a fellow professor to know and cherish him as a colleague.

While his classroom teaching, committee service, and collegiality are valued highly by this institution, Professor Kavass' most enduring contribution to the Law School has been his accomplishments as the Law Librarian. In the course of ten …

The Recent Shift In United States Policies Toward The International Monetary Fund And The World Bank, Polly R. Allen

Vanderbilt Journal of Transnational Law

Today's world economy is characterized by recession, reduced growth in international trade, high oil prices, and high interest rates. Although industrial countries face these problems and the problems often originate in the industrial countries, the developing countries that are not major oil exporters are encountering particularly serious difficulties. The external pressures on these developing countries, combined with their problems of structure and policy, are causing severely reduced rates of growth, higher rates of inflation, increasing problems with balances of payments, and growing foreign debt. Because many of these difficulties arise outside these countries' economies, and because the solutions often require …

The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan

Vanderbilt Journal of Transnational Law

A television company broadcasts a program criticizing a nationalized corporation and disclosing documents passed to it secretly by one of the corporation's employees. The corporation asks the television company to reveal the identity of the employee. The television company refuses and eight of nine judges ultimately decide that the refusal is unjustified.

That, in essence, is the story of British Steel Corp. v. Granada Television, Ltd. If this situation had arisen in the United States, legal consequences probably would be unremarkable in view of the law's considerable experience with such matters. The novelty posed for English law, however, and the …

A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel

Vanderbilt Journal of Transnational Law

There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

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STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing

Recent Decisions, Robert L. Morgan, Sybil C. Peyer

Vanderbilt Journal of Transnational Law

TREATY ON THE EXECUTION OF PENAL SENTENCES--Federal Court is not Precluded from Using Mexican Conviction as Evidence of Prior Conduct in Enhancing Subsequent Sentence, United States v. Fleishman, 684 F.2d1329 (9th Cir. 1982).

The instant decision examines for the first time two significant issues surrounding the repatriation of United States prisoners from Mexico under TEPS: the legality of prisoner challenges to the collateral effects of a Mexican conviction and the use of a Mexican conviction to enhance a subsequent sentence. By refusing to extend the Rosado holding to preclude "collateral effects" challenges, the instant court wisely recognized the importance of …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Between Peace and War: The Nature of International Crisis By Richard Ned Lebow Baltimore and London: The Johns Hopkins University Press, 1981. Pp. xi, 350.

Anatomy of International Law: A Study of the Role of International Law in the Contemporary World By J.G. Merrils 2d ed. London: Sweet & Maxwell, 1981. Pp. xv, 146.$27.00.

Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.

Australian Courts of Law By James Crawford Melbourne: Oxford University Press, 1982. Pp. xv, 297

German Private and Commercial Law: An Introduction By Norbert Horn, Hein Kitz, and Hans G. …

Book Reviews, Stephan L. Honore, Dennis W. Arrow

Vanderbilt Journal of Transnational Law

Book Reviews

INTERNATIONAL ASPECTS OF CRIMINAL LAW: ENFORCING UNITED STATES LAW IN THE WORLD COMMUNITY

Edited by Richard B. Lillich

Charlottesville, Virginia: Michie, 1981. Pp. ix, 245.

Reviewed by Stephan L. Honore

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SHIPBROKING AND CHARTERING PRACTICE

By Lars Gorton, RolfIhre, and Arne Sandevarn

London: Lloyd's of London Press,1980. Pp. xiii, 204 (authorized adapted translation of the Swedish edition of Befraktning)

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Time CHARTERS

By Michael Wilford, Terence Coghlin, and Nicholas Healy, Jr

London: Lloyd's of London Press, 1978. Pp.1vii, 319, £28.

Reviewed by Dennis W. Arrow

Legal Issues Relating To The Canadian National Energy Program, Jean-Paul Lacasse

Vanderbilt Journal of Transnational Law

Since its unveiling on October 28, 1980, Canada's National Energy Program has been commented upon abundantly in government circles, newspaper articles, trade magazines, and financial industry seminars, drawing both oil industry and foreign reactions. It has received less notice in scholarly publications, however, perhaps because it is a complex and continuously changing program that did not become effective until legislation was enacted. The purpose of this Article is to sketch a broad picture of the National Energy Program (NEP) while focusing on its Canadianization aspects, the new oil and gas taxation situation, and the Program's various transnational law implications. As …

Chemical And Biological Warfare: Focus On Asia, Lee D. Klein

Vanderbilt Journal of Transnational Law

This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …

International Legal Research: An Infinite Paper Chase, Adolf Sprudzs

Vanderbilt Journal of Transnational Law

International legal research operates in the contemporary reality of an increasingly interdependent, complex world in which constant change is the order of the day. Not only are the numbers of international actors on the world stage changing (from 51 original members of the United Nations in 1945 to 157 United Nations member-states in 1982), but also changing are the concepts and methods of international law-making, as well as perceptions of the nature and sources of international law. The tremendous growth in the number of new states and international organizations has been accompanied by a corresponding expansion in world trade, international …