Law Commons^™

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

A Model Bill On The Reporting Of Campaign Contributions And Expenditures, William H. Rodgers, Jr.

Vanderbilt Law Review

Public demand for strict and effective accountability of public officials engaged in political election campaigns has increased dramatically in recent times. Development of concrete measures to implement the objective, however, has been less quick to materialize. In this article, Professor Rodgers proposes model state legislation to require reporting of campaign contributions and expenditures by most political candidates and committees. The controlling principle of the proposed legislation is total disclosure of all aspects of political campaign financing. The Model Bill contains an effective procedure for administration and enforcement of its pro visions.

Book Reviews, Stanley D. Rose, Robert M. Anderson, Robert J. Harris, Harry Holloway, Robert L. Birmingham

Vanderbilt Law Review

Cardozo and Frontiers of Legal Thinking By Beryl Harold Levy Cleveland: The Press of Case Western Reserve University, 1969.Pp. xi, 365. $9.95.

reviewer: Stanley D. Rose

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City Politics and Planning By Francine F. Rabinovitz New York: Atherton Press, Inc. 1969. Pp. 192. $6.95

reviewer: Robert M. Anderson

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Everyman's Constitution: Historical Essays on the Fourteenth Amendment, the "Conspiracy Theory," and American Constitutionalism By Howard Jay Graham Madison: State Historical Society of Wisconsin, 1968. Pp. xiv, 631. $12.95

reviewer: Robert J. Harris

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The Impact of Negro Voting: The Role of the Vote in the Quest for Equality By William …

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …

The Use Of Arbitration In The Settlement Of Bilateral Air Rights Disputes, Ross T. Dicker

Vanderbilt Journal of Transnational Law

In the field of aviation, world transportation is bound together by a highly complex and sophisticated arrangement in which each country designates a single carrier to carry its flag to foreign-countries. The United States has not followed this practice of designating one line as the nation's flag carrier and has twenty "international" carriers which transport passengers, cargo, and mail to foreign countries. Each one of these carriers is a private business concern, competing in most cases with another American carrier covering the same route, and in all cases with the air carrier of the country to which it flies. In …

United States Foreign Policy Toward South Africa: An Appraisal, Charles G. Burr

Vanderbilt Journal of Transnational Law

In recent years there have been notable cases in which United States involvement in African affairs has had a serious bearing on the United States' general international position, affecting its relations with the United Nations and other states, both African and non-African. The foremost of these cases is South Africa. In the view of many observers of the situation, the actions of the South African government cause reactions that jeopardize United States interests throughout the remainder of independent black Africa, undermine United States influence in the United Nations, and stimulate the nationalist movements within and outside South Africa to seek …

The Case For A Seagoing Workmen's Compensation Act, Parker B. Smith

Vanderbilt Journal of Transnational Law

At the present time no comprehensive workmen's compensation statute exists to provide coverage for seamen injured in the course of their employment. The seaman's only existing remedies consist of an action for maintenance and cure, an action for breach of the shipowner's warranty of seaworthiness, and an action for negligence under the Jones Act. These remedies offer unsatisfactory protection to the seaman for several reasons. Under the existing remedies the seaman may be unable to obtain any recovery because the shipowner has the traditional right to "limit liability" to the seaman at the outset of the seaman's action for recovery. …

Case Comments--International Law--Corporations--State Denied Standing To Sue For Injury, Journal Staff

Vanderbilt Journal of Transnational Law

The Barcelona Traction, Light and Power Company, Ltd.,(hereinafter referred to as Barcelona Traction) was incorporated under Canadian law in 1911 with its main office in Toronto. Several subsidiaries were formed, all under Canadian law, to develop, produce, and distribute electric power in the vicinity of Catalonia, Spain. To finance these operations, the company issued both peseta and sterling bonds, the shares in some of the subsidiaries providing security to a Canadian bank for the sterling bonds. Revenue produced by the subsidiaries from their operations in Spain was used to service the bond interest. Servicing was suspended for the duration of …

Book Review, Jason G. Reynolds

Vanderbilt Journal of Transnational Law

In this book author Michael Tanzer focuses upon the familiar and prolific theme of oil's impact upon the under-developed countries (UDC's). Tanzer does, however, approach the subject from a different angle: he concentrates upon oil's effects on the oil-importing UDC's rather than its effects upon the oil-exporting UDC's. One expects at first that this change in emphasis would produce a vastly different account of the plight of the UDC's. It turns out, however, that despite the basic dissimilarity between importing and exporting of oil, the problems facing the importing UDC's are quite similar to the well-known problems long experienced by …

The Amending Of Articles 23 And 27 Of The United Nations Charter: A Mathematical Analysis, Robert S. Junn

Vanderbilt Journal of Transnational Law

From the time of the San Francisco Conference, the composition of the Security Council and its voting procedure was most severely criticized. The basic criticism had been the veto power of the five permanent members on substantive resolutions. This resulted in a long and vigorous political struggle on the part of the non-veto members of the Organization to amend the Charter in order to increase their voting strength in the Security Council. When the changes on membership and voting procedure came into force on August 31, 1965, a great victory was claimed. This case of the United Nations is intriguing …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

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HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

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INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

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THE WINDS OF FREEDOM

By Dean Rusk …

Jurisdiction--Territorial Waters--Arctic Waters Pollution Prevention Act, Gilbert T. Davis

Vanderbilt Journal of Transnational Law

On June 17, 1970, Canada passed the Arctic Waters Pollution Prevention Act which asserts jurisdiction over Arctic waters 100 miles off her coasts for the purpose of pollution prevention regulation. The Act proscribes any discharge of waste into Arctic waters, and prohibits navigation in certain "shipping safety control zones" in Arctic waters unless regulations pertaining to structural, equipment, navigational aid, cargo, and personnel qualification standards are met. Given the conflict between the traditional freedom of the seas and the seriousness of the ocean pollution problem, the Canadian action is likely to provoke much controversy.

Better Days In Court For A New Day's Problems, Roger J. Traynor

Vanderbilt Law Review

We do not lack first-rate proposals for court organization and administration and procedures that would befit a new day. Neither do we lack well-conceived plans for the selection and retention of judges that would attract able and independent men to the bench. Nevertheless, the few states that have undertaken substantial reforms are far outnumbered by those that have not. It is high time to inquire why there has been such a woeful lack of will in the legal profession throughout the country to have done with ways so antiquated as chronically to impede the just operation of the laws. It …

Book Notes, Law Review Staff

Vanderbilt Law Review

Debtors in Court: The Consumption of Government Services

By Herbert Jacobs. Chicago: American Politics Research Series, Rand McNally & Co., 1969, Pp. xv, 244.

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The Infamous of Nuremberg

By Col. Burton C. Andrus

London: Leslie Frewin, 1969. Pp. 211. $4.00

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Labor and the Legal Process

By Harry H. Wellington

NewHaven: Yale University Press, 1968. Pp. viii, 409. $10.00.

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Obscenity and Public Morality

By Harry M. Clor

Chicago:University of Chicago Press, 1969. Pp. xii, 315. $9.50.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bar Admissions-The Character Investigation as an Unconstitutional Scheme to Promote Conformity: Comment on "LSCRRC v. Wadmond"

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Civil Rights--Desegregation--HEW is Required to Make a Program-by-Program Finding of Discrimination in Order to Terminate Federal Funds Under Title VI of the Civil Rights Act of 1964

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Constitutional Law--Civil Rights-Section 1985(3) Does Not Reach Private Conspiracies

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Constitutional Law--Criminal Procedure--Sixth Amendment Does Not Require Right to Counsel for In-Custody Suspects at Photographic Identifications

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Constitutional Law--Equal Protection--States May Not Require More Than a Simple Majority to Authorize Local Bond Issues and Tax Levies Through Popular Election

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Constitutional Law--Reapportionment--Multi-Member Districts Which Minimize …

The Multinational Corporation As A Challenge To The Nation-State: A Need To Coordinate National Competition Policies, G. Philip Nowak

Vanderbilt Law Review

The recent growth and development of the multinational corporation presents the international community with a unique challenge. For the first time man has an instrument which enables him to use the world's resources with maximum efficiency. He is no longer restricted by national boundaries, but is able to allocate resources on a world wide basis. In addition, the multinational enterprise provides a means for linking the developing countries to an international productive scheme. These countries are now able to undertake production of goods in which they have a comparative advantage and more rapidly increase their rate of economic development.Since the …

Income Tax Deductions For Estate Planning Fees, Stephen E. Gilhuley

Vanderbilt Law Review

The need to engage the services of a lawyer may arise in a variety of situations, and the possibility of deducting the fees for a lawyer's services from the client's personal taxable income will ultimately depend on which one of several competing policies of the tax law is properly applicable under the particular circumstances. Taxpayers and their attorneys should be aware of the deductibility of expenses incurred for legal services rendered in connection with the planning of the taxpayer's estate. Such estate planning services include the drafting of a will, the arrangement of inter vivos and testamentary gifts, the creation …

Taxation Of Preferred Stock In Corporate Reorganizations, Bruce E. Gagnon

Vanderbilt Law Review

Among the sections added to the revised version of the Internal Revenue Code of 1954 was section 306, designed to close a gaping loophole which might have permitted many taxpayers to withdraw earnings and profits from a corporation through the distribution and sale of preferred stock and to receive capital gains treatment at the shareholder level rather than the dividend treatment ordinarily applicable to such distributions. In this article, Professor Gagnon argues that, as applied to corporate reorganizations, section 306 falls far from its mark. After discussing the purpose and operation of section 306 and related sections, the author suggests …

Dependency In Workmen's Compensation:Letting The Expectations And Conduct Of Affected Parties Play A More Significant Role, Clifford Davis

Vanderbilt Law Review

The death benefits provided by compensation legislation must satisfy two tests. First, the benefits should cover the net economic loss resulting from occupational death.' Second, those survivors who could have expected to benefit from future earnings ought to share appropriately in the sum total of the benefits provided. This article focuses primarily upon this second question. The inadequacy of available benefits, however, may require the exclusion as beneficiaries of some survivors with expectations of support in order more adequately to provide for others. Thus, inadequacy of total benefits will be considered when it is relevant to the determination of who …

The Public Offering And A Quest For Alternatives, Bart A. Brown, Jr., Clifford A. Roe, Jr., Scott B. Crooks

Vanderbilt Law Review

The year 1969 has seen a continuation of the strong new issues market that has commanded a significant portion of the attention of the investing public over the past few years. As a result, more and more closely held companies are seeking to raise funds through public offerings of their stock and thus share in the successes of this strong market. While the market conditions have been most encouraging,there have been other developments that have made the managements of some closely held companies reconsider the relative advantages and disadvantages of going public. Recent court decisions have strictly defined the legal …

Book Reviews, Law Review Staff

Vanderbilt Law Review

This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …

The One-Bank Holding Company Conglomerate, Franklin R. Edwards

Vanderbilt Law Review

In response to strong opposition, the political tide is slowly moving towards restrictive legislation that may well spell the demise of the one-bank holding company movement. But regardless of its form,the legislation ultimately adopted is certain to have an important influence on the future of our financial structure since many of the basic structural aspects are at issue. It therefore provides Congress with a golden opportunity to make fundamental changes. In effect, Congress's task is to reappraise our financial system with a view towards determining whether its underlying structure is still compatible with present goals and contemporary needs and, if …

An Evaluation Of Municipal Income Taxation, Joe G. Davis, Jr., Arthur J. Ranson, Iii

Vanderbilt Law Review

In order to delineate the perspective of this Note, two observations must be made. First, the term "municipal income tax" encompasses many variations from city to city in the legal nomenclature used to identify the tax. For example, "wage taxes," "payroll taxes,""earnings taxes," and "occupational license taxes" are widely used terms which simply disguise the presence of a municipal income tax. Secondly, in relation to the traditional municipal property and sales taxes, the municipal income tax is normally supplemental rather than substitutional. An increased utilization of the municipal income tax, however, should partially relieve the burden now imposed on these …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Constitutional Law--Armed Forces--Courts-Martial Jurisdiction over Military Personnel Limited to Service--Connected Offenses

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Constitutional Law--Desegregation--Public Housing Authority Required to Build Most Units in White Neighborhoods

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Constitutional Law--Double Jeopardy--Fifth Amendment's Guarantee against Double Jeopardy is Applicable to the States through the Fourteenth Amendment

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Constitutional Law--Garnishment--Prejudgment Wage Garnishment, in Absence of Conditions Requiring the Special Protection of a State or Creditor Interest, Violates the Due Process Clause of the Fourteenth Amendment

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Constitutional Law--State Taxation--State Use Tax Invalidly Applied to Fuel Gas Used as an Integral Part of Interstate Commerce

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Corporations--Corporate Director Accountable to Corporation Under State Law for Profits …

Legislative Problems Surrounding Racially Balanced Public Schools, James Bolner

Vanderbilt Law Review

For many years the political-legal attempts to implement the rights of the Negro minority in America have focused on the field of public education. It is the writer's view that current widespread confusion concerning the racial composition of public school populations forms a major obstacle to better racial relations.' This article is an examination of the ways in which the problem of racial concentrations of minorities in public schools has been met in a variety of forums: state legislatures, state and federal educational and civil rights agencies, and the United States Congress. The article is intended to enhance the reader's …

Book Notes, Law Review Staff

Vanderbilt Law Review

Identification & Police Line-ups By William E. Ringle New York: Gould Publications, 1968. Pp. x, 211. $5.00 (Paper)

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Metropolitan Decision Processes: An Analysis of Case Studies By Morris Davis & Marvin G. Weinbaum. Chicago: Rand McNally & Co., 1969. Pp. xx; 131.

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The Impact of Supreme Court Decisions Edited by Theodore L. Becker. New York: Oxford University Press, 1969. Pp. 213. $2.50 (Paper).

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The Limits of the Criminal Sanction By Herbert L. Packer.Stanford: Stanford University Press, 1968. Pp. xi, 385. $8.95.

The Priority Conflict Between A Purchase Money Security Interest And A Prior Security Interest In Future Accounts Receivable, Howell J. Reeves

Vanderbilt Law Review

Article 9 of the Uniform Commercial Code established an exhaustive scheme for the determination and control of security interest in personal property and fixtures' which is now the law of all but one of the states and the District of Columbia Not the least momentous of the provisions in Article 9 are those that govern priorities among conflicting security interests in the same collateral. The purpose of this inquiry is to examine the rules of priority that the U.C.C. provides for a conflict between the holder of a purchase money security interest in inventory and proceeds and a holder of …

Civil Disobedience And The Law, Frank M. Johnson, Jr.

Vanderbilt Law Review

This article is based on a speech delivered by Judge Frank M.Johnson, Jr. to the faculty and students of the Vanderbilt Law School. Judge Johnson's thesis is that "civil disobedience" presents a special challenge to judges and lawyers. He feels that there are alternatives to "civil disobedience" for challenging and protesting the law and that lawyers have a duty to inform the public of these alternate methods. Only in extreme cases does Judge Johnson believe that "civil disobedience" is justified. He illustrates his thesis with a discussion of the events surrounding the Democratic Convention at Chicago.

Statutory Presumptions And The Federal Criminal Law: A Suggested Analysis, Gerald H. Abrams

Vanderbilt Law Review

The criminal laws and the institutions charged with the administration of those laws are now the subjects of extensive study. The federal government' and various states are in the process of revising their criminal codes. The purpose of this article is to discuss what kind of presumptions should be enacted by a legislative body." The term presumption has been used in several ways. I use the word (hereinafter in italics) as a collective term to embrace situations in which a legislative body declares that proof of certain facts (the basic fact) has an effect in establishing other facts (the presumed …

Book Notes, Law Review Staff

Vanderbilt Law Review

The Child Savers: The Invention of Delinquency By Anthony M. Platt Chicago: University of Chicago Press, 1969. Pp. ix, 202.$8.50.

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Juvenile Delinquency and Urban Areas (rev. ed.) By Clifford R.Shaw & Henry D. McKay Chicago: University of Chicago Press,1969. Pp. 394.

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The Positive School of Criminology Edited by Stanley E. Grupp Pittsburgh: University of Pittsburgh Press, 1968. Pp. vi, 114. $5.95.

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State and Local Tax Problems Edited by Harry L. Johnson Knoxville: University of Tennessee Press, 1969. Pp. xiii, 190. $7.50.

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Tension in the Cities By James A. Bayton Philadelphia: Chilton Book Co., 1969. Pp. x, …