Law Commons^™

Eliminating Redlining By Judicial Action: Are Erasers Available?, Paul A. Renne

Vanderbilt Law Review

This paper will consider one practice--mortgage disinvestment, commonly referred to as "redlining"--which has worked incontravention to the declared policy of Congress by contributing to the destruction of the urban housing inventory and has been partly responsible for the failure to meet our housing goals. This paper will discuss the concept and effects of redlining, the relevant statutes and administrative regulations, and the use of class action litigation as a means of eliminating the practice. Before turning to this discussion, however, it is important to emphasize that eliminating the practice of redlining will prove no panacea to our urban problems. It …

Recent Cases, Richard T. Hurt, Jay D. Christiansen, William J. Rees, William D. Gutermuth

Vanderbilt Law Review

Constitutional Law--Action Under Color of State Law--Legislative Authorization of Private Action Resembling Public Function Constitutes Action Under Color of State Law

The instant case creates a two to two split in the circuits on the question whether the seizure of a tenant's possessions under a land-lord lien statute is action under color of state law. The decisions in Davis and Anastasia provide the potential for abuse that Fuentes was designed to prevent-the indiscriminate entry into the debtor's home and seizure of his belongings without prior notice and hearing.Hall and the instant opinion, however, provide a more equitable result. While the …

Of Trumpeters, Pipers, And Swingmen: What Tune Is The Burger Court Playing In Right To Representation Cases?, David M. Thompson

Vanderbilt Law Review

The Burger Court has had to face a constant question in the right to representation cases: How best to balance the needs of society and the needs of individuals? At the time of this Note, the Burger Court has faced this question for six years, the same span of time in which the Warren Court after Gideon established its liberal legacy. As the accompanying chart reveals, the sixteen right to representation decisions of the Burger Court during this period have been split equally, eight extending and eight restricting the right. This split obviously has slowed the momentum of the Warren …

Recent Developments In Attorneys' Fees, W. Perry Brandt, Pendleton C. Waugh, Richard C. Stark Special Project Editor

Vanderbilt Law Review

Special Project--

Recent Developments in Attorneys' Fees

In recent years, the subject of attorneys' fees has become the focal point of pressures to improve the accessibility of legal services for those unable to pay large fees. Courts, scholars, and special interest groups have examined in detail the relationship between fees and the ability to assert legal rights. This increased scrutiny has led to the elimination of minimum fee schedules, the criticism of and possible relaxation of restrictions on fee advertising, and the establishment of maximum contingent fee schedules by court rule. Private enforcement of newly enacted federal statutes against private …

Membership Rights In Nonprofit Corporations: A Need For Increased Legal Recognition And Protection, Robert H. Brownlee

Vanderbilt Law Review

This Note has focused on three issues concerning membership in nonprofit corporations: whether members are entitled to increased protection of voting rights; whether state courts adequately have analyzed questions of membership standing to assert individual claims; and whether members should have standing to institute derivative actions on behalf of a nonprofit corporation. In each of these areas membership rights deserve increased legal recognition and protection.

Progress In The Art Of Social Accounting And Other Arguments For Disclosure On Corporate Social Responsibility, Douglas M. Branson

Vanderbilt Law Review

In the area of corporate social responsibility, where to go and how to get there are major questions facing corporations, their lawyers, investors, and governmental agencies alike.' Questions of "where to go" facing corporate executives and others include how much corporate social responsibility is enough and what forms social responsibility should take. Other questions concern which of the socially responsible measures corporations could take portend the greatest good for the greatest number, or on the more pragmatic scale, which measures will win the greatest amount of public or governmental acceptance. What roles government, citizen groups, or investors should play in …

The Educational Benefit Trust:Loophole Or Sinkhole?, John L. Van Cleave

Vanderbilt Law Review

This Note indicates clearly that the likelihood of the court's upholding the tax advantages claimed to be available under EBTs is far from certain. More than an "element of risk" is involved in recommending that a client adopt an educational benefit trust, but does this require an attorney to avoid such arrangements? On the other hand, does an attorney owe an obligation to the legal process and to society to challenge the Service whenever it, in his opinion,has taken a position more favorable to the Treasury than intended by Congress in enacting the legislation underlying the matter in controversy? While …

Book Review, R. Lawrence Ashe, Jr., Donald R. Stacy

Vanderbilt Law Review

This volume appears at first blush to fall into a freshet of recent writings on the limits of our capacity for effective social engineering. Among these writings are Daniel Patrick Moynihan's Maximum Feasible Misunderstanding, James Q. Wilson's Thinking About Crime, and James S. Coleman's qualifying affidavit in the Boston School case and subsequent articles. Upon full reading, however, Professor Glazer's attack is seen to be directed more at the dubious moral mandate for group statistical preferences than at their evidently doubtful impact on the social problems at which they have been aimed.

Out-Of-State Collection Of State And Local Taxes, Robert A. Leflar

Vanderbilt Law Review

Validly due and payable state and local taxes often go unpaid because the absent tax debtor chooses not to pay voluntarily and has no assets from which the tax debt can be collected in the taxing state. He often has assets elsewhere, but they may be difficult for the tax creditor to discover and to reach.

Only a few years ago out-of-state assets could not be reached at all, nor could the tax debtor himself be reached except within the taxing state, in its own courts, and by its own legal processes. Formerly, no state would use its law or …

Interstate Corporate Income Taxation-Recent Revolutions And A Modern Response, Eugene F. Corrigan

Vanderbilt Law Review

In recent years significant technical advances have enabled large corporations to sell into states from great distances and with a minimum of contact in those states. Nevertheless, the states and their political subdivisions are confronted with the claims of corporations that jurisdictional barriers to corporate income taxes should be raised, that improved enforcement techniques should be prohibited, and that certain classes of income should be immunized completely from state taxation. These revolutionary technical advances have created both major tax administration problems and tax administration opportunities for the states. Some of the latter, however, remain unexploited. This article examines the ramifications …

Book Reviews, Ernest Van Den Haag, James F. Neal

Vanderbilt Law Review

Consensual Government "The Morality of Consent" by Alexander M. Bickel

Reviewed by Ernest van den Haag

Bickel wanted to make the scope of the law comprehensive enough to proclaim the norms that are consensually perceived to be necessary to social life, yet to let individuals and groups pursue their choices without being forced to conform altogether to majority views or being strapped into judicial strait jackets. His work, and the unifying theme of this posthumous collection of essays, very largely consisted of elaborations of his answer to the question: how can we define the province of constitutional interpretation so as …

Paul J. Hartman And The Literature Of State And Local Taxation-An Appreciation, William R. Andersen

Vanderbilt Law Review

The editors of this symposium have asked me for a brief account of the contributions of Professor Hartman's published writings in the field of state and local taxation. In fairness, those contributions cannot be accounted in brief; what follows is more of a bibliography, and an appreciation...

As a final example of Hartman's concern for institutional relationships in tax policy, mention should be made of the 1959 piece on municipal income taxation.' Here, Hartman has changed lenses on his microscope and examines not the relationship between the nation and the states but that between the states and the cities. His …

"Solicitation" And "Delivery" Under Public Law 86-272: An Uncharted Course, Paul J. Hartman

Vanderbilt Law Review

In 1959, in response to pressure from multistate business and over the protest of state tax authorities and others, Congress passed Public Law 86-272 limiting the power of state and local governments to tax net income derived from interstate commerce.' The provisions of Public Law 86-272, briefly stated, prohibit state or local governments from imposing net income taxes on sellers of tangible personal property whose business activities in the state are limited to one or more of the following:. solicitation of orders for sales of tangible personal property by the seller or his own representative when the orders are sent …

Recent Cases, Walter S. Weems, Mary M. Schaffner, Ronald G. Harris

Vanderbilt Law Review

Constitutional Law-State and Local Tax-- Nondiscriminatory Ad Valorem Property Tax on Imports Stored in Warehouse Pending Sale Is Not Prohibited by Import-Export Clause

The framers of the Constitution enacted the import-export clause with the apparent intent that it remedy shortcomings of the Articles of Confederation and achieve specified national goals. Since the Articles of Confederation allowed individual states to regulate commerce as they saw fit, the seaboard stales, through whose ports goods in foreign commerce had to pass, were able to impose duties on imports destined for inland states. One reason for the import-export clause was to preserve harmony among …

The Constitutionality Of The Multistate Tax Compact, Robert M. White

Vanderbilt Law Review

It is now firmly established that states have the constitutional power to tax multistate businesses on net income reasonably attributable to activity within the taxing state. Within this legal frame-work, limited only by Public Law 86-272, the states have fashioned separate and diverse rules for the taxation of multistate corporations.'The recently formed Multistate Tax Compact provides an efficient alternative to both the present disarray of state statutes and possible federal regulation of interstate taxation. The principal purposes of the Compact are to establish uniform rules for determining state tax liabilities of multistate taxpayers, to eliminate ineffective tax administration and the …

Paul J. Hartman And The Vanderbilt Law Alumni, Wilson Sims

Vanderbilt Law Review

One of the greatest assets of the Vanderbilt Law School is Professor Hartman's obvious love and appreciation for the School. When the Dutchman gets serious, this comes across in a powerful way. His unending effort on behalf of the Law School in working with the alumni over these many years has resulted in numerous tangible benefits for the Law School, but even more importantly, in many intangible ways, including the great sense of loyalty held by many of these alumni, all of them the Dutchman's former students. The School has no better salesman. He and his wife Dorothy command the …

State Taxation Under The Commerce Clause: An Historical Perspective, Jerome R. Hellerstein

Vanderbilt Law Review

Although Congress has plenary power under the commerce clause to regulate state taxation of interstate commerce, that power remained virtually unexercised until 1959. As a consequence of the silence of Congress, the task of reconciling the competing interests of states, multistate businesses, and local businesses, and accommodating those interests to the needs of a national economy fell by default to the Supreme Court. The instrumentality available to the Court for dealing with the complex political, fiscal, and economic controversies inherent in state taxation of multistate business was the commerce clause (augmented by due process restrictions and,to a lesser extent, the …

Taxation Of Income From Intangibles Of Multistate-Multinational Corporations, William D. Dexter

Vanderbilt Law Review

In determining whether income from intangible investments should be subject to general apportionment rules or assigned to the commercial domicile or elsewhere the challenge to the states currently is to ascertain the true facts surrounding large corporate investments in intangible properties. The distinctions in UDITPA between business and nonbusiness income mandate this kind of factual inquiry. It is questionable, however, whether this distinction should continue to be given any significant effect, since it lacks substance and leads to endless conflict between large multistate and multinational corporations and each state in which they do business. Furthermore, in determining the state income …

Mass Immunization Cases: Drug Manufacturers'liability For Failure To Warn, Mary E. Mann

Vanderbilt Law Review

In recent years, the manufacturers of polio' vaccines, administered in mass immunization programs at public health clinics, have been beseiged with a flurry of cases in which they have been held liable for failing adequately to warn of the dangers inherent in the use of an otherwise pure, unadulterated drug. As a result of the relatively large judgments awarded in these cases and the almost insurmountable practical problems of preventing further liability, drug manufacturers have ceased, or are threatening to cease, production of these essential, life-saving vaccines. Consequently, these recoveries threaten the effectiveness of the nation's preventative health care programs …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AIR CHARTER REGULATION

By Jaap Kamp

New York: Praeger Publishers, 1976. Pp. 162. $16.50.

================

ANATOMY OF INTERNATIONAL LAW

By J.G. Merrills

London: Sweet& Maxwell, 1976. Pp. 106. $7.55.

============

AUSTRALIAN LAWYERS AND SOCIAL CHANGE

Edited by David Hambly & John Golding

Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.

================

COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN

By Arnold Leibowitz

New York: Praeger Publishers, 1976. Pp. 221.$20.00.

===============

THE DEVELOPING COMMON MARKET

By John Paxton

Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.

==============

ERSKINE MAY'S PARLIAMENTARY PRACTICE

Edited by Sir David Lidderdale

London: Butterworths, 1976. …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

===============

Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

===============

Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

===============

Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

================

EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

Recent Decisions, Cleatous J. Simmons, Robert B. Slocum, Edward D. Meyer, Charles S. French, Ronald M. Morris, Mary Beth R. Blake

Vanderbilt Journal of Transnational Law

IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE--ONE WHO CONTRACTS TO PROVIDE MARITIME SERVICES IMPLIEDLY AGREES TO PERFORM IN A DILIGENT AND WORKMANLIKE MANNER

A Report On Certain Recent Legal Developments In The International Monetary Fund, Joseph Gold

Vanderbilt Journal of Transnational Law

In the recent past, the main activity of the International Monetary Fund in connection with the development of international law has been the negotiation and drafting of an amendment of the Fund's Articles of Agreement. The present report deals primarily with that activity, but also comments on the sixth general review of the quotas of member states in the Fund.

On August 15, 1971, the United States, having decided to free itself from certain constraints that had become unacceptable and to exercise greater autonomy for national policies, suspended the convertibility into gold or other reserve assets of balances of United …

Recent Decisions, Susan A. Shands

Vanderbilt Journal of Transnational Law

This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …

Historical Perspectives And New Directions In The Exploitation Of Latin American Petroleum Resources, Henry B. Steele

Vanderbilt Journal of Transnational Law

This paper constitutes an attempt, in a very brief compass, to provide an historical survey of the traditional roles of government and private enterprise in the exploitation of Latin American petroleum resources, to evaluate the current situation, and to speculate in a limited manner on the future implications of present developments. The basic analytical frame of reference is that of economics, but since the petroleum industry is a world industry, developments in the Latin American petroleum industry must be placed in the wider context of world oil industry economics and politics. From the standpoint of economic analysis, the major conflict …

New Directions In The Search For And Development Of Petroleum Resources In The Developing Countries, Hasan S. Zakariya

Vanderbilt Journal of Transnational Law

The developing countries have several things in common. They share, to a large extent, similar political and socio-economic backgrounds, strive to overcome similar problems, and aspire to achieve the same goals of social progress and economic welfare. Hence, the importance of coordination of their efforts towards their common objectives can hardly be overemphasized.

In order to avoid the mistakes of the past and emulate the positive gains of the present, the developing countries, in searching for and developing their petroleum resources, can and must learn a great deal from each other. The experience of some of them has been long, …

The Development Of Peruvian Law For Petroleum Subcontractors, Stanley F. Rose

Vanderbilt Journal of Transnational Law

The Revolutionary Government of the Armed Forces of Peru under the leadership of General Juan Velasco Alvarado assumed the government of Peru on October 3, 1968. One reason given for the assumption of power was that Peruvian interests had been severely damaged in the Act of Talara of August 13, 1968. After nullifying the Act of Talara, the Government expropriated the International Petroleum Company (IPC) refinery in Talara. As revealed in 1974 by the publication of the Revolutionary Government's plan of strategy, "Plan Inca," the Peruvian military had a clear idea of what it believed the situation of the Peruvian …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

============

BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

============

BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

==============

THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

=============== …

The Steel Products Decision: An Inquiry Into The Treatment Of The Value-Added Tax Under The Countervailing Duty Law, Charles L. Chambers

Vanderbilt Journal of Transnational Law

It is not often that one small clause in a tariff act becomes a major issue between domestic producers and the firms which import competitive foreign goods, a major issue in trade talks between the United States and the European Community, and a bone of contention between the Congress and the Executive Branch. Yet, section 303 of the Tariff Act of 1930 has done just that and no solution to the issues it has raised is in sight...

Section 303 of the Tariff Act of 1930 is simple enough on its face. It imposes a countervailing duty on any goods …

Parity Codetermination In West German Companies And International Law, Wilhelm Wengler

Vanderbilt Journal of Transnational Law

German Law on joint stock companies, in conformity with that of nearly all other countries, has long provided that the organs of the joint stock company (Aktiengesellschaft) consist either exclusively of the shareholders themselves (i.e., the general meeting of shareholders) or are elected by them (i.e., the Aufsichtsrat or supervisory board), or that such an elected organ in turn appoint another organ (i.e., the Vorstand or executive board). Ever since the "old" Labor Management Relations Act (Betriebsverfassungsgesetz) of October 11, 1952, however, only two-thirds of the membership of the supervisory boards of the larger joint stock companies are elected by …