Law Commons^™

Developments In Contemporary Landlord-Tenant Law: An Annotated Bibliography, Edward J. Ashton, David E. Brand, Richard K. Greenstein, Andrew M. Kaufman, Susan S. Lissitzn, John K. Ross, Jr.

Vanderbilt Law Review

The law changes. Sometimes the change is slow, perhaps agonizing,as in the case of labor law. Sometimes the change is swift and amicable as when a uniform code is universally accepted. But sometimes the law appears to stand still. Then, as society undergoes profound evolution,the law lurches and jerks about, trying to dispense justice with outmoded concepts in an alien context. If the legislatures fail to come to the rescue,it then devolves upon the courts to cut the traces and institute reforms. Such has been the case with the law of landlord and tenant. The massive changes that have been …

Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith

Vanderbilt Law Review

This Note examines the groundwork for possible legal remedies to correct the abuses of tests and testing procedures used by some educators. Because the standardized ability tests administered as prerequisites to college admission are perhaps the most significant obstacles to an individual's educational development, the discussion herein is directed primarily to them. This Note attempts to demonstrate that existing legal doctrines provide an adequate basis for challenging some of the standardized ability tests used in determining college entrance requirements as violations of equal protection and procedural due process. It also discusses the scope of a proper remedy for individuals aggrieved …

"To Secure These Rights": The Need For A New Majority Coalition, Hubert H. Humphrey

Vanderbilt Law Review

We have learned in the last two decades important lessons in both the law and the politics of civil rights. I wish to underscore certain of these realities in outlining a civil rights strategy for the decade of the 1970's. We look back at the civil rights battles of the 1950's and 1960's with an air of nostalgia. In those years the legislative goals were relatively well defined: the removal of a host of legal barriers t, civil equality and equal opportunity. More than this, the legal barriers existed primarily in one section of the country so that the lives …

Developments In The Law Of School Desegregation, T. A. Smedley

Vanderbilt Law Review

Eighteen years after the Brown decision declared that racially dual school systems violate constitutional rights of students and therefore must be abolished,' the developments in this area of life and law still primarily involve efforts to find an answer to the practical problem which arose immediately after the Brown ruling: How does one abolish a dual school system? Today, relatively few people openly contend that public schools ought to be operated on a racially segregated basis, but the problem of identifying and implementing acceptable means of achieving desegregation has proved to be virtually unsolvable. Although the federal courts initially displayed …

The Unique Problems Of The Black Businessman, Flournoy A. Coles, Jr.

Vanderbilt Law Review

This Article concentrates on problems of black businessmen rather than those of all minority businessmen for 3 reasons: first, there are more statistics on the business and other aspects of black economic life than on other nonwhite minorities; secondly, the available statistics suggest that black Americans rank lowest on the totem pole of business activity in this country--lower than any other nonwhite minority except perhaps for American Indians; thirdly, many of the solutions suggested for remedying the problems of black business enterprise would apply to the similar problems that other minority groups have encountered.

Defining And Attaining Equal Educational Opportunity In A Pluralistic Society, Ernest Q. Campbell

Vanderbilt Law Review

We in America have never made peace with the concept of pluralism. As a nation, we are fundamentally committed to the ideal of "equal opportunity"; yet, despite our presumably concomitant dedication to the principle that society should accommodate diverse values and goals,we have not conceptualized any means of determining whether equality of opportunity exists except by measuring people on the same scale. We have an appropriate rhetoric for describing equal opportunity--self-actualization, through which each person develops to the fullest extent in those directions that he or she wishes--but we have no institutionalized standards for determining whether realization of potential has …

An End, And Perhaps A Beginning, Tom C. Clark

Vanderbilt Law Review

As one who has devoted his professional lifetime, now in its fifty-first year, to the development of procedures and techniques for the improvement of the administration of justice, I say that there is no substitute for the original research furnished by the Race Relations Law Survey in the race relations field. It has made the most practical contribution to the improvement of race relations of any publication. One might compare this contribution to that of our law clerks here on the Court, who research and report on state and federal decisions previously made on a given topic. However, the Survey …

The Negro College: Role And Prospect, Herman H. Long

Vanderbilt Law Review

American higher education, especially in the Negro college, is in a time of major crisis; the institutions are beset by many new problems and issues. Perhaps at no other time in the nation's history has higher education been more widely discussed and written about in the public press as well as in educational circles. Indeed, higher education has emerged in recent years as a national issue that ranks close to the problems of poverty, welfare, and the decline of the cities. A national policy on higher education is being formulated; resource allocation priorities are being determined; and Congress is struggling …

Race, Housing, And The Government, Nancy E. Leblanc

Vanderbilt Law Review

The problem of race and housing is complicated and limited by several factors not present in other racially controversial areas. First,the limited supply of decent housing forces the exercise of some selection in allocating existing housing resources. Second, housing is relatively fixed in nature and has a long usable life. Third, housing constitutes part of a neighborhood or a community--a total fabric of living. Finally, because of the individual nature of most transactions of buying or renting--except when a suburban tract or a new apartment house is concerned--enforcing the laws prohibiting racial discrimination in housing is very difficult. Analyzing each …

Post--Brown Private White Schools--An Imperfect Dualism, James E. Smith

Vanderbilt Law Review

Federal courts have endeavored to assure that private discrimination practiced by schools is truly private. In this endeavor, courts have enjoined any significant state involvement as violative of the equal protection clause. The courts have shown no inclination to prohibit the private discrimination itself, however, and it appears unlikely that courts in the near future will take the innovative step of barring discrimination practiced by private white academies.

Book Review, W. Leslie Peat

Vanderbilt Law Review

The Ethical Investor is, despite its flaws, as thorough and comprehensive a treatment of the problems of universities and corporate responsibility as might be desired. It should be required reading for university trustees, and it offers many valuable insights to the general reader. Although it may appear that student and faculty interest has diminished somewhat during the past two years, it is nearly a certainty that this has been more the result of an intelligent and sincere response by university administrators and trustees than of any profound change in the climate of opinion. If the universities continue to respond in …

Justice As Fairness: A Commentary On Rawls's New Theory Of Justice, Gilbert Merritt

Vanderbilt Law Review

A Theory of Justice,' John Rawls's new book on social and legal philosophy, appears likely to become a monument of systematic thought comparable to Locke's Second Treatise of Government and Mill's Utilitarianism. It provides answers systematically to the most difficult questions of our time and promises to shape the thought and action of men for many years. Daniel Bell, a noted social scientist, has said that in Rawls "we can observe the development of a political philosophy which will go far to shape the last part of the 20th Century, as the doctrines of Locke and Smith molded the 19th."' …

Racial Discrimination And The Right To Vote, Armand Derfner

Vanderbilt Law Review

Lawyers in voting discrimination cases are fond of quoting Justice Frankfurter's dictum that "the [Fifteenth] Amendment nullifies sophisticated as well as simple-minded modes of discrimination."' Unfortunately for historical accuracy and for the health of our society, this statement simply has been false for most of the century since the passage of that amendment. In the past fifteen years, however, a change has begun, and the right to vote without discrimination has gained substance. This Article is an effort to describe today's law of voting discrimination, and how that law developed. Because the present state of this area is so largely …

More Than Law, Anthony J. Celebrezze

Vanderbilt Law Review

In mid-1963, at hearings' on what was to become the Civil Rights Act of 1964, I expressed my regret that some 37 years prior to the end of the twentieth century we found it necessary to take up legislation that dealt with basic human rights. Today, nearly a decade later, I express a similar regret that those rights have not yet been realized for every citizen of this nation.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Injunctions--Contempt Power--Citation Proper Against Nonparty Who Violates Court Order in School Desegregation Case

Whether an injunction or other order binds one not a party to the underlying suit or proceeding so that he may be held in contempt for violation is a question that always has troubled the courts. Some early cases purported to announce a sweeping and apparently absolute rule--that an injunction or other order does not bind nonparties. The principle underlying this rule is that due process forbids a court to adjudicate the legal rights and relationships of a person who has not had the opportunity to be …

Coordination Of Laws In A National Federal State: An Analysis Of The Writings Of Elliott Evans Cheatham, Harold G. Maier

Vanderbilt Law Review

This Article is prepared at the request of the Editorial Board of the Vanderbilt Law Review in commemoration. It, however, is not designed as a tribute to Cheatham--the man and the teacher. Tributes of that kind were collected and published four years before his death in the December 1968 issue of the Review. In this essay, I have attempted to analyze Elliott Cheatham's scholarly contributions in the field of conflict of laws, one of his two major areas of legal research. When I began its preparation, it was with a deep feeling of personal involvement since Elliott was responsible for …

Accommodating The Law And Economics Of Price Cutting: The Vice Or Virtue Of Low Prices, Joel J. Finer

Vanderbilt Law Review

Although the interpretation and application of the federal antitrust laws are replete with paradoxes, inconsistencies, and seemingly conflicting premises, few situations illustrate the contradictory nature of federal policy toward industrial structure and business behavior as dramatically as the Justice Department's rejection of General Electric's proposed decree. For example, one primary objective of the Sherman Act is to prevent practices that tend to restrict output and raise prices, and price-fixing agreements are illegal per se because it is unreasonable to believe that they have any beneficial results. Many industries exhibit a high degree of concentration that enables a few firms to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

Recent Developments, Law Review Staff

Vanderbilt Law Review

The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …

The Constitutional Dilemma Of A Person Predisposed To Criminal Behavior, John A. Chandler, Stanley F. Rose

Vanderbilt Law Review

The basic premise of American criminal jurisprudence is that individuals are capable of controlling their behavior.' The threat of incarceration is intended to be a deterrent to antisocial conduct. State and federal penal systems are called "correctional institutions"--implying that a person is incarcerated in order to modify unacceptable behavior. Criminal laws are drafted with goals of discouraging antisocial conduct,punishing and reforming the guilty, and protecting society against dangerous individuals. The first two purposes are served only if a person can respond to negative reinforcement by conducting himself in socially acceptable ways. Individuals incapable of controlling antisocial behavior are not accounted …

Exports And Antitrust: Must Competition Stop At The Water's Edge?, Dudley H. Chapman

Vanderbilt Journal of Transnational Law

The ground rules governing competition in international trade rank high among current issues of economic policy. The President's pending Trade Bill and its companion bill on competitive practices place a new emphasis on issues of unfair competition. These issues were prominent during the early 1900's and the interwar years but have rested in abeyance through the long post-war transition. The economic predominance of the United States characterized the post-war period. Now that Europe and Japan are once again formidable competitors in the world marketplace, the rules governing competition on the international level have regained their prior importance. As may be …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AMERICAN LABOR AND THE MULTINATIONAL CORPORATION

Edited by Duane Kujawa

New York: Praeger Publishers, 1973. Pp. xxvii,285. $18.50.

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ASPECTS DU DROIT INTERNATIONAL ECONOMIQUE: ELABORATION CONTROLE--SANCTION.

Societe Francaise pour le Droit International. Paris: A. Pedone, 1972. Pp. 221. n.p. (paper).

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THE BASES OF INTERNATIONAL ORDER

Edited by Alan James

London: Oxford University Press, 1973. Pp. viii, 218 £ 3.50 net.

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CURRENT LEGAL ASPECTS OF DOING BUSINESS IN THE FAR EAST

Edited by Richard C. Allison

Chicago: American Bar Association,1972. Pp. vii, 208. $10.00.

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DOMESTIC TAXATION AND FOREIGN TRADE: THE UNITED STATES-EUROPEAN BORDER TAX DISPUTE

By Michael von …

Book Reviews, Harry H. Ransom, Nicolas M. Matte

Vanderbilt Journal of Transnational Law

FOREIGN AFFAIRS AND THE CONSTITUTION

By Louis Henkin

Mineola, New York: Foundation Press, 1972. Pp. 535. $11.50.

Harry Howe Ransom (reviewer)

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THE CONCEPT OF STATE JURISDICTION IN INTERNATIONAL SPACE LAW

By Imre Anthony Csabafi

The Hague: Martinus Nijhoff,1971. Pp. xix, 155. $9.10.

Nicolas Mateesco Matte (reviewer)

Securities Regulation In Japan, Mitsuru Misawa

Vanderbilt Journal of Transnational Law

Japanese securities exchanges, which were closed at the beginning of the Allied Force occupation in 1945, were permitted to reopen in 1949. During the following two decades, the Japanese economy displayed vigorous growth. An expansion of the operations of the securities markets accompanied the expansion of the economy, but the expansion did not progress evenly. The development of the securities markets in the post-War period can be divided into a number of stages: (1) the period of confusion and frustration (August 1945 to August 1949); (2) the period of reorganization (May 1949 to January 1954); (3) the period of high …

Securities Regulation In Switzerland, Roger Dagon

Vanderbilt Journal of Transnational Law

The Swiss system of securities regulation, to the extent that it exists at all, is primarily a system of self-regulation. The basic company law, the Code des obligations of 1911, as amended, which enumerates the minimum disclosure requirements for public offerings of foreign or domestic debt securities and for public offerings of new shares of domestic corporations, represents the only formal regulation of corporate issues. The Code exempts secondary offerings of outstanding shares as well as initial issues of foreign shares. Secondary offerings of outstanding shares and issues of new foreign shares, however, must comply with the prospectus requirements established …

Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Extradition is a legal device whereby a state requests from an-other the surrender of a person accused or convicted of a crime. It is one of the modes of cooperation in penal matters between states. One rationale for extradition is that all states have an obligation to cooperate in the suppression of criminality and must, therefore, surrender to each other accused and fugitive offenders. This ration-ale is based on the maxim "aut dedere aut iudicare". Extradition law and practice have been slow to recognize the rights of those persons who are the objects of its proceedings. In fact, the whole …

Presidential Discretion In Foreign Affairs, Glen E. Thurow

Vanderbilt Journal of Transnational Law

Madison's argument, which attempts to state that the powers in foreign relations can be separated on principle, is in contrast to the arguments of Locke and Montesquieu that we have sketched as well as to the thrust of the Federalist. Our brief discussion of it does not do it justice, but is justified by the failure of the legislation under consideration to move in Madison's direction. The current legislation does not attempt to specify certain powers belonging to Congress as legislative in their nature, and others to the President as executive, but to limit discretion and share the remaining discretion …

State Legislative Control Over The Conditions Of Public Employment, Patricia N. Blair

Vanderbilt Law Review

In 1816, the federal service under President James Madison consisted of 4,000 employees.' By 1950, the federal government had, 120,000 persons on its payroll, while state and municipal governments employed another 4,290,000. Today there are 2,720,000 federal employees and 10,150,000 employees of state and municipal governments.' The emergence of a new labor movement aimed at attaining for public employees the right to bargain collectively, a right guaranteed to workers in the private sector by the 1935 National Labor Relations Act (NLRA), recently has accompanied this expansion of government employment.' National legislation, however, has never extended the right to bargain collectively …

Abortion After Roe And Doe: A Proposed Statute, Mark B. Anderson, H. Michael Bennett, Andrew D. Coleman, Peter Weiss, Richard K. Wray (Chairman)

Vanderbilt Law Review

On January 22, 1973, the United States Supreme Court ruled in Roe v. Wade' that the Texas criminal abortion statute, which proscribed all abortions except "for the purpose of saving the life of the mother,' 'violated the constitutional right of privacy. Justice Blackmun, delivering the opinion of the Court, declared that the concepts of personal liberty and restrictions on state action provided by the fourteenth amendment supported a right of privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy."' In a companion case, Doe v. Bolton,' the Court noted several impermissible procedural as well …

Comments On The Bremen V. Zapata Off-Shore Co., Journal Staff

Vanderbilt Journal of Transnational Law

The Bremen v. Zapata Off-Shore Co., by bringing domestic law more into harmony with international custom and comparative practice, represents a step in the development of uniformity in transnational law. For this reason the Journal invited the following comments. Professors Charles L. Black, Jr., Robert Leflar and Harold G. Maier explore various aspects of this highly significant case.