Law Commons^™

Book Reviews, Dean Rusk, Barton T. Jones

Vanderbilt Journal of Transnational Law

Although not the last of the essays, Oliver J. Lissitzyn's article serves as an excellent conclusion to McWhinney's collection of essays and materials. We are reminded that the first objective of any convention on hijacking should be to provide for the safety of innocent persons and that the second objective is to prevent hijacking. Moreover, international law already requires what is being demanded of countries by the new anti-hijacking conventions. The difficult and complex problem of deterring and, thus, preventing hijacking cannot be considered as an absolute value that overrides basic human rights and values. The multilateral international convention may …

Recent Decisions, Randolph B. Jones, Steven M. Lucas, John D. Arterberry, Clifford Love Iii

Vanderbilt Journal of Transnational Law

ACT OF STATE--HICKENLOOPER AMENDMENT NOT AN EXPANSION OF THE "BERNSTEIN EXCEPTION"

Randolph B. Jones

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ADMIRALTY--JURISDICTION--SHIPOWNERS' DUTY OF SEAWORTHINESS DOES NOT EXTEND TO LONGSHOREMAN INJURED ON THE DOCK BY AN INSTRUMENT NOT APPURTENANT TO VESSEL

Steven M. Lucas

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ANTITRUST--E.E.C. TREATY--ACQUISITION AND MERGER OF ENTERPRISE BY FIRM HOLDING A DOMINANT POSITION WITHIN COMMON MARKET WITH EFFECT OF ELIMINATING ACTUAL OR POTENTIAL COMPETITION IN A SUBSTANTIAL PART OF THE COMMUNITY VIOLATES ARTICLE 86 OF THE E.E.C. TREATY

John D. Arterberry

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ANTITRUST--STANDING--FOREIGN NATION HAS STANDING TO SUE FOR TREBLE DAMAGES

Clifford Love III

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CONSTITUTIONAL LAW--ALIENS--STATE LAW OF INTESTATE SUCCESSION WHICH …

Report On The Regional Meeting At The Vanderbilt University School Of Law, Harold G. Maier

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law includes two articles that are based on papers presented at the Regional Meeting by Henry Harfield and Sheldon Cohen. Both articles deal with current and timely questions in the international commercial field. As an introduction to those papers it may be useful to comment briefly on several of the more important questions that were raised during the panel discussion of the papers which closed the conference. This may be particularly helpful in view of the fact that Professor Friedmann's untimely death prevented him from completing the revision of his remarks for …

Toward Greater Flexibility In The Exchange Rate Regime Of The International Monetary Fund: The Widening Of The Band, Swadesh S. Kalsi

Vanderbilt Journal of Transnational Law

It is a commendable achievement that, in the atmosphere of a war shattered world, it was at all possible to fashion an international currency system at the Bretton Woods Conference in 1944. Indeed, the International Monetary Fund represents a historic milestone in international cooperation. Since its inception at Bretton Woods, however, the international monetary system has been plagued by two major problems. First, the expanded use of trade constraints by countries following policies of full employment and internal price stability tends to foster a balance of payments disequilibrium; consequently, the present mechanism for adjustment is not satisfactory. Events after May …

Recent Decisions, Robert M. Erickson, Jack F. Stringham, Ii, Alan Marchisotto, James T. Campbell, Ralph C. Oser, David A. Boillot

Vanderbilt Journal of Transnational Law

ACT OF STATE--Act of State Doctrine Not a Bar to Adjudication of a Counterclaim

Robert M. Erickson

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ADMIRALTY--Ship Mortgage Act of 1920--Deficiency Judgment against Mortgagor in Personam Not Precluded by State Law when Vessels were Sold at Public Foreclosure Auction without Prior Appraisal

Jack F. Stringham, II

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ALIENS--Immigration and Naturalization--Restriction of Commuter Aliens' Access to Domestic Employment by Attorney General is Abuse of Discretion

Alan Marchisotto

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EXTRADITION--Principle of Specialty--Specialty does not Preclude Prosecution for Similar Offense when Asylum Nation Would Not Consider it a Breach of Faith

Attorney General of the United States, 462 F.2d 475 (2d …

The Common Commercial Policy Of The Eec: Developments In The Final Stage, Joseph J. Norton

Vanderbilt Journal of Transnational Law

The free movement of goods, persons and capital and the freedom of establishment and services throughout the EEC were the four fundamental objectives the Treaty of Rome sought to accomplish in establishing the Community. In addition, the Treaty provided for the implementation of common Community policies toward agriculture, as well as transport and commercial relations with third countries. It also outlined specific rules for competition. Through the attainment of these freedoms and the implementations of these sectoral policies during a twelve year transitional period, the full measure of integration envisioned by the Treaty of Rome was to be achieved.

The …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

BASIC DOCUMENTS IN INTERNATIONAL LAW Edited by Ian Brownlie-- London: Oxford University Press, 1972 (2d ed.). Pp. x, 284. $4.50.

LAW AND INTERNATIONAL LAW: A BIBLIOGRAPHY OF BIBLIOGRAPHIES By Theodore Besterman-- Totowa, New Jersey: Rowman and Littlefield, 1971. Pp. x, 436. $20.00.

CONFLICT ISSUES AND INTERNATIONAL CIVIL AVIATION DECISIONS: THREE CASES By Young W. Kih-- Denver: 1970-1971 Monograph Series in World Affairs, University of Denver, 1971. Pp. xi, 96. $1.00.

THE INTERNATIONAL COFFEE AGREEMENT: A STUDY IN COFFEE DIPLOMACY By Bart S. Fisher New York: Praeger Publishers, 1972. Pp. xx,287. $17.50.

LAW AND POLITICS IN OUTER SPACE: A BIBLIOGRAPHY By …

Recent Treaties And Statutes, Shelley I. Stiles, Iii

Vanderbilt Journal of Transnational Law

Since the 1946 Supreme Court decision in Seas Shipping Co. v. Sieracki, the seaman's traditional remedy based on absolute liability of the vessel for an unseaworthy condition also has been available to longshoremen. Limited to longshoremen working aboard the vessel, the Sieracki opinion emphasized that the work of loading and unloading vessels was a maritime service formerly and historically rendered by seamen, and reasoned that because the work now performed by longshoremen involved risks commensurate with those undertaken by seamen, longshoremen injured on board ship should be entitled to unlimited recovery under the seaworthiness doctrine. The seaworthiness doctrine was expanded …

The Education Of Legal Paraprofessionals: Myths, Realities, And Opportunities, William P. Statsky

Vanderbilt Law Review

The response to the challenge of training legal paraprofessionals is in a state of disarray. This is due not so much to poor planning on the part of the trainers as it is to the inherent difficulty of designing a training program for a role that as yet has no clear boundary lines. On the one hand, this difficulty invites the trainer to give full rein to his imagination in breaking new ground, but on the other hand, the instability in the area has been sufficiently great to scare off would-be participants from a much needed dialogue about how to …

Preventive Law And The Legal Assistant, Louis M. Brown

Vanderbilt Law Review

An examination of paraprofessionalism may begin with an evaluation of society's need for legal services, a need that is not always obvious,nor indeed even recognized by the general public.' One area in which the provision of legal services to all but the most wealthy clients is notably deficient is that of preventive law. This kind of legal practice seeks to help individuals regulate their activities to avoid legal trouble, in contrast to the litigating aspect of law that comes into play only after a dispute has developed. Since the practice of preventive law requires the use of specialized tools and …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Section 1983--Municipality Subject to Section 1983 Damage Suit if Local Law Recognizes Municipal Liability

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Constitutional Law--Citizenship-Statute that Conditions Retention of United States Citizenship upon Residency Requirement Is Constitutional When Citizenship Is Not Protected by the Fourteenth Amendment Citizenship Clause

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Constitutional Law--Equal Protection --School Financing System that Substantially Relies on Local Property Tax Violates Equal Protection Clause

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Constitutional Law--Freedom of Speech--A Per Se Banon All Editorial Advertisements by a Broadcast Licensee Violates the First Amendment

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Constitutional Law--Jury Trials in Juvenile Court--Juveniles in Delinquency Proceedings Not Constitutionally Guaranteed the Right to a Jury Trial

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Constitutional Law--Search …

Legal Paraprofessionalism And Its Implications: A Bibliography, Lester Brickman

Vanderbilt Law Review

If access to legal services is thus essential for the attainment of democratic values, then the efficacy of the legal delivery system is of supreme importance. Much has been written examining the inefficiency of present methods of law practice as a means of conveying services to the consumer,' and still more written decrying the shortage of basic legal services for the poor and for the middle class.' In response to this criticism and as a way of meeting other needs, the profession is trying such new delivery systems as group legal services, prepaid legal insurance, and specialized practice. Additionally, there …

The Legal Paraprofessional: An Introduction, Elliott E. Cheatham

Vanderbilt Law Review

In this country, persons who have not been admitted to the bar are widely used in law offices. In fact, A Lawyer's Handbook, edited by the American Bar Association's Committee on the Economics of Law Practice, devotes an entire chapter to the nonlawyer employee. Investigators and accountants are common and legal secretaries are universal. There are pressing questions on what more should be done to utilize laymen in making legal services available. This issue of the Vanderbilt Law Review considers the paraprofessional in law. The Symposium opens with an article by Mr. William P. Statsky. In his discussion, The Education …

Parajudges And The Administration Of Justice, Tom C. Clark

Vanderbilt Law Review

The parajudge idea, like the paramedical and paralegal proposals, has met with opposition. Many persons have objected on the ground that since the judiciary's work has become increasingly complex and specialized, it is foolish to expect a nonprofessional with less training to handle it properly. On the other hand, many persons have raised more pragmatic objections based upon the argument that past parajudge systems have, regardless of the reasons, led to inadequate adjudication without reducing the strain on the judiciary. To evaluate these criticisms, we must first understand both the desperate condition of our judicial system today and the most …

Book Review, Lyman R. Patterson

Vanderbilt Law Review

A revolution wrought by judges with the pen is more rare than one carried out by citizens with arms. The Warren Court did make a revolution--"the due process revolution," as the-- author calls it--and it is this transformation in our law that is the subject of Fred Graham's book, The Self-Inflicted Wound. The wound referred to in the title is Miranda v. Arizona,' in which the Supreme Court of the United States held that before the police can interrogate an accused in custody, they must warn him that he is entitled to a lawyer and that anything he says may …

Paralegals: Should The Bar Employ Them?, Theodore Voorhees

Vanderbilt Law Review

In its campaigns against trust companies, banks, title companies,real estate agents, and accountants, the bar has loftily rested its unauthorized practice challenges on protection of the public interest by claiming that lay personnel lack the trained legal skills of the lawyer. On the other hand, counsel who have represented the targets of these attacks have maintained that the bar has been largely guided by self-interest arising from concern over the profession's loss of work as the public has tended more and more to accept the services of the lay practitioners...At the root of the problem, the bar's loss of legal …

Recent Developments In The Law Relating To The Physician's Assistant, Alfred M. Sadler, Jr., Blair L. Sadler

Vanderbilt Law Review

The potential source of physician's assistants is enormous. In addition to the frequently cited Vietnam medic, many highly intelligent, motivated individuals could be attracted to these training programs. For example, in 1970, 24,987 people applied to medical schools although there was space for only 11,348. According to the Association of American Medical Colleges, as many as one-half of the remaining 13,639 were "fully qualified" to become physicians, and many probably would be eager and able to deliver excellent primary health care as a physician's assistant if given the opportunity. Many of the 650,000 registered nurses "in retirement" might be induced …

Legal And Policy Conflicts Between Deed Covenants And Subsequently Enacted Zoning Ordinances, Wade B. Perry, Jr.

Vanderbilt Law Review

With increasing frequency, the real estate lawyer is confronted with the need to determine the effect of a newly enacted zoning ordinance upon the enforceability of prior restrictive covenants affecting property in the zoned area. If the enforceability of the covenant is cut off by the ordinance, the further question arises whether the city must compensate the landowner for interfering with his property rights. Existing rules provide largely unsatisfactory answers and conclusions reached do not always reflect the balancing of public against private interests fundamental to all zoning. Moreover, new types of zoning regulations have been found to generate conflicts …

The Delaney Anticancer Clause: A Model Environmental Protection Law, James S. Turner

Vanderbilt Law Review

In October 1969, the artificial sweetener cyclamate was banned from sale in the United States by Secretary of Health, Education, and Welfare Robert Finch. To justify his action legally Finch chose to rely'on the so-called Delaney Anticancer Clause of the Food, Drug, and Cosmetic Act of 1938. Consequently, the Delaney Clause, with its requirement that any substance producing cancer in animals be removed from the American food supply, became an immediate center of controversy. The Secretary himself criticized the Clause as an undue restriction on administrative decision making and as an unscientific limitation on scientific discretion.

Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …

Section 355'S Active Business Rule--An Outdated Inefficacy, John A. Stemmler

Vanderbilt Law Review

In order to delineate the problems inherent in the active business rule, this Note first will examine the legislative history of tax-free separations, isolating the primary purpose and policy of section 355. Regulatory and judicial interpretations of section 355 will also be analyzed to determine their propriety in light of the statute's purpose and to illustrate the confusion that exists in the area. This, in turn, will lead to a suggested approach for dealing with section 355 transactions in the future.

Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge

Vanderbilt Law Review

Books Reviewed:

The Supreme Court and the Idea of Progress

by Alexander M. Bickel

New York: Harper & Row, 1970. Pp. xii, 210. $6.50.

Politics, the Constitution and the Warren Court

By Philip B. Kurland Chicago

University of Chicago Press, 1970. Pp. xxv, 222.$9.75.

Reviewer: Francis X. Beytagh, Jr.

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Books Reviewed:

Politics of Southern Equality: Law and Social Change in a Mississippi County

By Frederick M. Wirt

Chicago: Aldine Publishing Co., 1970. Pp. 335. $10.00.

reviewer: Robert L. Carter

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The Apportionment Cases

By Richard C. Cortner Knoxville: University of Tennessee Press, 1970. Pp. ix. 283. $10.00.

reviewer William …

Successorship And Collective Bargaining Agreements In Business Combinations And Acquisitions, Richard G. Vernon

Vanderbilt Law Review

Mergers, consolidations, and purchases of assets are important and frequent business transactions in our economy' and involve a great deal of planning and negotiating by the enterprises concerned. Until recently,the rights of employees and their representative labor unions generally were not considered to be a factor in these plans. In 1964, however, the Supreme Court, in John Wiley & Sons, Inc. v. Livingston, held that common law privity-of-contract principles, which lower courts traditionally had invoked to preclude survival of employees' rights, did not necessarily apply to collective bargaining agreements. Wiley was a nonunion corporation that had merged with a smaller …

Law Reform And Law For The Layman: A Challenge To Legal Education, Walter Barnett

Vanderbilt Law Review

Most of the current debate over academic neutrality has centered on whether the university as an institution--the faculty and students as a corporate body--should take formal positions on political issues, such as the war in Vietnam. This article will address the related, but perhaps more mundane, question whether law professors should take a more active role in providing legal services to government and to the public when this activity might provoke attacks on academic freedom. Traditionally, law professors who have sought to serve society in ways other than educating lawyers have engaged in the following five extramural activities:' (1) The …

Section 60c Of The Bankruptcy Act: Inadequate Protection For The Running Account Creditor, E. Hunter Taylor, Jr.

Vanderbilt Law Review

Although the unsecured creditor long has occupied a precarious position, the widespread passage of article 9 of the Uniform Commercial Code has created additional perils for him by making virtually all of his debtor's assets available to a secured lender.' The Bankruptcy Act, while not so one-sided, also contains snares and pitfalls for the unsecured creditor. One potential trap is contained in the seemingly straightforward declaration of section 60c... This article focuses upon, and proposes a means for the elimination of, the unnecessary paradoxes implicit in section 60c's treatment of an unsecured creditor who extends continuing credit to a debtor …

The Newsmen's Privilege Against Disclosure Of Confidential Sources And Information, Harold L. Nelson

Vanderbilt Law Review

When the barrage of subpoenas began in early 1969, statutes of some states recognized an evidentiary privilege of journalists not to reveal confidential sources. In April 1970, the possibility of an additional protective avenue opened when the United States District Court for the Northern District of California granted constitutional protection under the first amendment's freedom of the press clause. By March 1971, this decision had been upheld and extended; the highest courts of three states had ruled upon the claim to constitutional protection with widely divergent results; and at least three petitions had been filed for Supreme Court review of …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Treble Damage Actions--Private Litigant Whose Injury Was Reasonably Foreseeable Has Standing To Sue

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Constitutional Law--Free Exercise of Religion--First Amendment Violated by Compulsory Education Statute that Prevents a Parent from Raising His Children According to His Religious Beliefs

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Constitutional Law--Immunity Statutes-Section 201 of Organized Crime Control Act of 1970, Which Provides Only Use and Fruits Immunity, Violates Fifth Amendment

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Constitutional Law-Search and Seizure--AFDC Caseworker's Visit to Home of Nonconsenting Welfare Recipient Not Prohibited by Fourth Amendment

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Consumer Protection Law-Standing -United States Has Standing To Seek Injunction Against Practice of Obtaining Default Judgments Through False Affidavits Certifying Service …

Book Reviews, Francis E. Barkman, Stephen Gorove

Vanderbilt Law Review

An Anatomy of Values: Problems of Personal and Social Choice

Charles Reich, of Yale Law School, has given us a vision of a whole new society in The Greening of America. Charles Fried, of Harvard Law School, has more limited objectives in An Anatomy of Values: Problems of Personal and Social Choice. He is content for the moment to examine the nature of a rational end and, in light of this analysis, to discuss limited aspects of traditional ends such as morality and justice.

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The Law Relating to Activities of Man in Space:

This book may be regarded as …

The Energy Crisis: The Need For Antitrust Action And Federal Regulation, P. Scott Dye, Samuel H. Gillespie, Iii, Steven P. Howard, Franklin M. Tatum

Vanderbilt Law Review

The energy industry faces a crisis--an energy shortage that may not be alleviated for a number of years. Unlike the transitory regional supply shortages of the past, the present crisis is far more pervasive,threatening the industrial and economic progress of the nation. Authorities have predicted that this energy gap, spurred on by the convergence of a variety of circumstances affecting the delicate balance of supply and demand, will have collateral consequences that stagger the imagination, including sharp buyer competition for scarce fuel supplies and spiraling consumer prices for basic fuel services. The very existence of the crisis raises many grave …

Current Remedies For The Discriminatory Effects Of Seniority Agreements, Irving Kovarsky

Vanderbilt Law Review

This article focuses primarily upon the remedies that can be used to reconcile the preservation of legitimate objects of a seniority system with equal treatment for black workers. To provide a historical perspective demonstrating the need for these remedies, the article initially will describe the availability of relief against discriminatory seniority agreements under federal labor legislation. The article will then examine available remedies under Title VII of the Civil Rights Act of 1964 and under recent interpretations of the Civil Rights Act of 1866. In the concluding section, possible ways to utilize existing remedies to combat more effectively the discriminatory …