Law Commons^™

The Uniform Child Custody Jurisdiction Act: A Legislative Remedy For Children Caught In The Conflict Of Laws, Brigitte M. Bodenheimer

Vanderbilt Law Review

The National Conference of Commissioners on Uniform State Laws has approved and recommended for enactment in all the states a Uniform Child Custody Jurisdiction Act. This Act is designed to alleviate the plight of "interstate children" an apt phrase coined by Professor Ehrenzweig and descriptive of the rootlessness of children shifted from state to state--who are the victims of custody battles often fought in the courts of more than one state or a state and a foreign country. In this article, Mrs. Bodenheimer, Reporter for the Special Committee which drafted the Act, describes the social and legal causes of the …

The Constitution On The Campus, Charles A. Wright

Vanderbilt Law Review

This article is the text of the Oliver Wendell Holmes Lectures, delivered by Professor Wright at the Vanderbilt University School of Law in April, 1969. Oliver Wendell Holmes, Jr., left a large part of his estate to the United States at his death in 1935. By Act of Congress in 1955, the disposition of the property was entrusted to a Permanent Committee, which, among other projects, sponsors the, annual Hohnes Lectures by a distinguished legal scholar.

Professor Wright has brought to this topic both profound constitutional scholarship and wide experience in dealing with related problems at his university. His thesis …

Insider Liability For Short-Swing Profits Pursuant To Mergers And Related Transactions, James P. Hemmer

Vanderbilt Law Review

This article considers the problems presented by the application of section 16(b) of the Securities Exchange Act of 1934 to corporate merger transactions. Mr. Hemmer argues that the"matching across" proposal, which has been suggested by some commentators, should not be applied to the merger situation. Instead, the author advocates that the "possibility of abuse" test, which the courts have applied to conversion transactions, should also. be applicable to the corporate merger. Mr. Hemmer feels this approach will prevent the abuses for which section 16(b) was enacted and, at the same time, provide the courts with a flexible test for this …

Political Hijacking: What Law Applies In Peace And War, William H. Reeves

Vanderbilt Law Review

A new breed of hijackers has evolved as a product of international political strife of recent years. In attempts to escape an actual or self-styled oppressive environment, these political hijackers cause irreparable injury and serious danger to travelers, and complicate the operation of many transportation companies. After sketching the problems involved in providing adequate reparations to the injured passengers and corporations, and in implementing adequate punishment of the offenders, Mr. Reeves examines the question of whether a hijacked ship or plane might be retained by the arrival country rather than returned to its foreign owner. The author concludes that such …

Multiple Trusts And Income Tax Avoidance, James H. Oeser

Vanderbilt Law Review

Since the Revenue Act of 1916, the trust has been deemed a separate entity for income taxation purposes. Congress has thus sanctioned the use of the trust as a tax savings device. Under present law, a grantor may place cash or other income producing property in trust, thereby excluding the resulting income from his own tax liability. If the income is currently distributed to the beneficiary, the trust is treated as a conduit, and the beneficiary is taxed in the year of distribution. But where the income is accumulated, the tax is payable by the trust? When this "accumulation trust" …

Special Project: Public Housing, Neil Cohen, John K. Johnson, Jr., Gary D. Lander, Finley L. Taylor, John G. Webb, Iii

Vanderbilt Law Review

Despite the general prosperity of this country, a cursory survey of any American town or city will reveal that many Americans live in housing which is "substandard." Frequently one sees unpainted houses characterized by broken windows and inadequate sanitary facilities. In urban areas, the ever present tenement is often filled with too many people and not enough toilets; stairs are dangerous and refuse lies uncollected in the halls. Rooms without windows are common, while those blessed with windows frequently receive little light--the only view is another window of another building. Disease and discomfort are everywhere.These conditions, however, are neither new …

The Council-Of- Governments Approach To Governmental Fragmentation, Louis F. Comus, Jr.

Vanderbilt Law Review

Much of the current literature in the field of metropolitan government either sets forth examples of governmental difficulties and inefficiencies which result from the urbanization of our population or merely assumes that such difficulties exist. In either case the prescription usually involves some sort of "metropolitanization" of urban governmental structure. Since such prescriptions are aimed either at metropolitan difficulties in general or at particular inefficiencies, it is useful to consider some of the more frequent complaints. One factor often cited as contributing to various urban ills is the archaic governmental structure of many county governments in metropolitan areas. Counties which …

The Model Cities Program, Otto J. Hetzel, David E. Pinsky

Vanderbilt Law Review

The period from 1961 through 1965 saw a dramatic increase in the number of federal grant-in-aid programs and the total federal funding levels directed at curing the ills of the urban community. There was a persistent anxiety, however, that, despite the proliferation of new drugs administered to the patient for his array of symptoms, the progress was not satisfactory, and that time was running out. In October, 1965, a Task Force on Urban Problems was appointed by President Johnson to study urban problems and recommend action. The Task Force looked at the prior efforts and decided a new approach was …

Metropolitan Problems And Local Government Structure: An Examination Of Old And New Issues, Daniel R. Grant

Vanderbilt Law Review

At a time when our leading popular magazines are featuring cover headlines on "The Sick, Sick Cities," and articles on their"Battle for Survival" it seems appropriate to examine some old and new issues concerning the relationship of metropolitan problems to local government structure. The journalists who write such articles probably hear a great deal about the frustrating legal and political obstacles to achieving more rational forms of government for our exploding, strife-torn metropolitan areas. They probably do not hear, however, that political scientists are divided on such questions as the reality of "metropolitan-type" problems and the feasibility of area-wide metropolitan …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law--Habeas Corpus-State Prison Regulation Prohibiting Prisoner from Preparing Petition for Fellow Inmates Held Invalid in Absence of Alternative Means of Assistance

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Securities Regulation--Corporation as a Director for the Purposes of Section 16(b) of the 1934 Securities Exchange Act

Book Reviews, John A. Gorfinkel, Arthur S. Miller, Bruce L. Mcdonald

Vanderbilt Law Review

American Conflicts Law By Robert A. Leflar Indianapolis: Bobbs-Merrill Co., Inc., 1968. Pp. lxxvi, 677. $19.50

reviewer: John A. Gorfinkel

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The Policy-Making Process By Charles E. Lindblom EnglewoodCliffs: Prentice-Hall, Inc. 1968. Pp. 122. $4.95 (Cloth), $1.95 (Paper).

reviewers: Arthur S.Miller, Bruce L. McDonald

The Local Administrative Agencies, Maurice H. Merrill

Vanderbilt Law Review

We have become accustomed to the concept, once thoroughly horrendous to most lawyers, that the dispensation of justice may, be properly entrusted to those tribunals which, for want of a better term, we label administrative. In past years they were considered the illicit offspring of miscegenatious commingling of powers which,constitutionally, should have been kept in rigid segregation. In the last half century, this habit of thought has all but disappeared; our concern has been rather with the full acknowledgment and acceptance of these agencies into the family of makers and appliers of the law. We have undertaken to nurture and …

Book Note, Daniel C. Turack

Vanderbilt Law Review

The volume contains 28 essays, representing only one-third of Professor Cooper's aerospace articles, but as the editor concedes,they represent areas in which his contribution was most significant.These spheres are: the history of air law; the fundamental principles of air law (notably airspace sovereignty and nationality of aircraft); and space law. In the first part, four essays serve to introduce the reader to the problems of terminology and the scope of air and space law,the economic and political basis of air power, and certain specific problems to be examined subsequently in depth. Part two, entitled "Rights In Airspace: From Antiquity To …

A Comparative Analysis Of Title Viii And Section 1982, T. A. Smedley

Vanderbilt Law Review

Future chroniclers of the struggle for racial justice in the United States may note with some perplexity that the federal government,after a century of cautiously eschewing the power to combat racially discriminatory practices in housing, suddenly in 1968 entered the battle on two fronts. On April 11, The Civil Rights Act of 1968, with its Fair Housing Title, became the law of the land. Just over two months later the Supreme Court in Jones v. Alfred H. Mayer Co.ruled, on the basis of earlier legislation, that refusal to sell housing because of the race of the prospective purchaser is unlawful. …

Jones V. Alfred H. Mayer Co.: An Historic Step Forward, Arthur Kinoy

Vanderbilt Law Review

The historic decision last June by the Supreme Court in Jones v. Alfred H. Mayer Co.,' reasserting for the first time in almost 100 years the constitutional mandate in the thirteenth amendment to abolish the badges and indicia of human slavery from all aspects of American society, has begun to meet with sharp criticism. This is, of course, no surprise. One might expect outcries from quarters of the country in which the far less abrasive vocabulary of Brown v. Board of Education still evokes memories of "Black Monday," "massive resistance" and "interposition.' What is perhaps more surprising is that the …

Bank Merger Policy And The Third National Bank Decision, Benjamin J. Klebaner

Vanderbilt Law Review

As measured by regional standards, banking in Tennessee's capital for years centered around three very large institutions and one of middle size. The latter, Nashville Bank and Trust Company(hereinafter Nashville Bank), merged into Third National Bank (the second largest bank in the area) in August, 1964, after the Justice Department failed to secure a preliminary injunction blocking the merger. This left Davidson County (the county in which Nashville is located) with seven banks, four of which were quite small. Nashville Bank was less than one-fourth the size of third-ranking Commerce Union Bank, but almost seven times as large as the …

Book Reviews, Elliot E. Cheatham, Robert N. Covington

Vanderbilt Law Review

SOURCES OF LAW By Helen Silving Buffalo: William S. Hein & Co., Inc., 1968. Pp. viii, 404. $20.00.

reviewer: Elliot E. Cheatham

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LAW OF PARTNERSHIP By Judson A. Crane & Alan R. Bromberg St.Paul: West Publishing Co., 1968. Pp. xviii, 615. $12.00.

reviewer: Robert N. Covington

Jones V. Alfred H. Mayer Co.: Judicial Activism Run Riot, Sam J. Ervin, Jr.

Vanderbilt Law Review

Those who make it their business to follow closely the work of the Supreme Court have noticed its tendency to save the most controversial decisions of the term for the last days in June, just before the Court recesses for the summer. One sometimes gets the impression that the Justices wish to be far away from the summer storms produced by these decisions, returning to Washington in the quieter days of the fall. Thus it was not surprising that the Court saved its decision in Jones v. Alfred H. Mayer Co. until June 17, 1968, and then promptly left town. …

Non-Discrimination In The Sale Or Rental Of Real Property, Edward W. Brooke, T. A. Smedley, Arthur Kinoy, Sam J. Ervin, Jr.

Vanderbilt Law Review

The final version of the Fair Housing title anticipates a more active role for the federal government in the areas not presently covered by state or prior federal law. There is a central distinction between the protection afforded by the Act and the Jones decision. Where the latter recognizes the right of citizens to have their rights adjudicated, the former recognizes that not every victim of discrimination is willing or can afford to undergo the difficulty and expense of private litigation. The Fair Housing Law therefore provides for certain types of federal initiative to guarantee those rights. At the same …

Imprisonment For Nonpayment Of Fines And Costs: A New Look At The Law And The Constitution, Paul M. Stein

Vanderbilt Law Review

This note is based on the premise that a new understanding of the principles of sentencing has evolved during the past half-century. After articulating this thesis, one which has been more fully developed elsewhere, an assessment is made of the extent to which the more modern concepts of sentencing have been embodied in public policy as enunciated in statutes and court decisions, particularly decisions interpreting constitutional requirements. This examination reveals tha the existing rules and practices concerning imprisonment for fines and costs reflect uneasy compromises between competing policies and that these rules and practices are largely holdovers from an earlier …

Communist China's Foreign Trade Contracts And Means Of Settling Disputes, Gene T. Hsiao

Vanderbilt Law Review

International trade involves a host of legal problems. Basic among these are the institution of contracts and the principles of settling disputes. Nations may enter into trade treaties and agreements to define and regulate their commercial relations, but actual transactions are always concluded on the basis of contracts. In the case of disputes arising from these contracts, the parties often resort to conciliatory or arbitrary means instead of court litigation. Communist China has over the course of the past eighteen years established trade relations with more than 120 countries and regions. In so doing, the Peking regime has relied upon …

The Beginning Of Juvenile Justice, Police Practices, And The Juvenile Offender, Elyce Z. Ferster, Thomas F. Courtless

Vanderbilt Law Review

The public is being asked to make many important decisions which will affect the structure, jurisdiction and function of the juvenile justice system. Before making these decisions, it should have more facts about the present system and the proposed changes. The aim of this study, is to provide some of the needed information. This article, the first publication of the study, concerns the juvenile offender's initial contacts with the juvenile system, his relations with the police and the consequences of these relations. Thus far, this stage of the juvenile justice system has received far less attention than any other aspect …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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Conflict of Laws--"Contacts" Doctrine Applied to Supplement Federal Maritime Law in Diversity Action

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Constitutional Law--Fourteenth Amendment Prohibits Extended Postponement of Parole Consideration for State Inmate When Made on the Basis of an Unreliable Factual Determination

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Labor Law--Collective Bargaining-Employer May Not Enforce Collective Bargaining Agreement Provision Embodying Union Waiver of Employee's Right to Solicit Against That Union

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Labor Law-Remedies--NLRB May Order Retroactive Payment of Fringe Benefits Where Employer Wrongfully Refuses to Sign Collective Bargaining Agreement

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …

Control Of Corporate Indemnification:A Proposed Statute, James H. Cheek, Iii

Vanderbilt Law Review

The recent unprecedented increase in the number of suits filed against corporate executives under the Federal antitrust and securities laws has again focused attention on the risks of executive liability " and the corresponding problem of attracting top men as corporate directors. Faced with this dilemma, corporations have drafted bylaws providing for the maximum identification allowed under applicable state law. The state legislatures, on the other hand, have attempted to prevent misuse of the power to indemnify, while at the same time trying to insure adequate protection for those who serve as directors. Mr. Cheek argues that the legislatures have …

Book Reviews, William L. Shaw, Cephus L. Stephens

Vanderbilt Law Review

BOOK REVIEWS

LITTLE GROUPS OF NEIGHBORS: THE SELECTIVE SERVICE SYSTEM. By James W. Davis, Jr. and Kenneth M. Dolbeare. Markham Publishing Co., Chicago, 1968. Pp. 268.

reviewer: William L. Shaw

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THE SUPREME COURT AND THE NEWS MEDIA. By David L. Grey, Evansville: Northwestern University Press. 1968. Pp. 194. $5.95.

reviewer: Cephus L. Stephens

The Underwriter's Duty Of "Due Diligence" Under Section 11 Of The Securities Act: Reflections On Barchris, Theodore W. Lenz

Vanderbilt Law Review

The Securities Act of 1933 seeks to protect the investing public by putting into the hands of the potential securities purchaser information upon which he can base an enlightened investing choice. The participants in a public distribution of securities--including the underwriters are required to collect, accurately and completely in a registration statement and an accompanying prospectus, the relevant facts about the company issuing the securities. Failure to do so will render the participants liable under section 11 of the Act. The Act then imposes a duty of care on the underwriter and enforces that duty by the threat of civil …

School Board Authority And The Right Of Public School Teachers To Negotiate--A Legal Analysis, Reynolds C. Seitz

Vanderbilt Law Review

Realistically, the hurdle erected at one time by some courts, and legislative bodies to prevent public employees from joining employee organizations, including unions, no longer exists. Today it seems certain that the first amendment, through its protection of freedom to assemble, insures the right to join an employee organization. The issue with which this article deals still remains: whether there is an infringement on the legislative power of the school board if it is required to negotiate with teachers through representatives of their choosing.

The issue with which this article deals still remains: whether there is an infringement on the …

Texas Gulf Sulphur: Its Holdings And Implications, William N. Ozier

Vanderbilt Law Review

The purpose of this note is to analyze the holding in the Texas Gulf Sulphur case as it relates to prior law and to consider some of the problems raised by the decision. Some suggestions will also be made for possible resolution of the most disturbing questions raised by the decision.

"Just Compensation" For Lessor And Less, John D. Johnston, Jr.

Vanderbilt Law Review

The increase in large-scale federal and state programs utilizing the power of eminent domain have made evident the lack of eminent domain concepts and procedures which will facilitate the completion of these programs without undue delay, while concurrently providing adequate compensation for the damage inflicted upon individual property owners. In focusing upon the measure of compensation payable when the interests of lessors and lessees are taken, Professor Johnston questions the validity of two generally accepted concepts of existing doctrine, the market value approach to compensation and the unit valuation approach to apportionment. He points out that, although a judicial reassessment …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Corporations--Equity--Specific Performance of Stock Option Granted Because of Tax Advantage Feature of Option

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Property--Landlord-Tenant--Rabbinical Court Establishes Far-Reaching Standard of Landlords' Obligations to Tenants

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Taxation--Federal Estate Taxation--Under Treasury Regulation Section 20.2031-8(b), Value of Shares in Mutual Funds Is Public Offering Price on Date of Death Rather Than Redemption Price

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Taxation--Mineral Rights--Carried Interest Loses Deduction for Depletion, Depreciation, and Intangible Drilling Costs During Recoupment