Law Commons^™

Plant Relocation: Viewed After Denial Of Enforcement Of Board's "Runaway Shop" Remedy In Garwin, E. Walter Bowman

Vanderbilt Law Review

Plant relocation--the transfer of all or a portion of plant operations to another site--can present two distinct categories of labor relations problems: (1) unfair labor practice problems under the National Labor Relations Act ("runaway shop" problems); and (2) problems of interpreting and applying a collective bargaining agreement.' While this note deals mainly with plant removal as an unfair labor practice, unionized employers must consider both problems carefully before embarking upon a relocation of operations. Miscalculations or ignorance of the consequences of certain relocation procedure can result in the imposition of liability sufficient to cause the employer to rue the day …

Religion And The Public Schools, P. Raymond Bartholomew

Vanderbilt Law Review

The first amendment to the United States Constitution contains a dual command with respect to governmental involvement with religion: government must "make no law respecting an establishment of religion or prohibiting the free exercise thereof." Although some have insisted that the first amendment requires a strict separation of church and state, the conclusion is inescapable that the two clauses were intended to operate together in harmony. It is apparent, therefore, that the conflicting policies of the "no establishment" clause and the "free exercise" clause must be balanced and reconciled. The United States Supreme Court has held that this balancing effort …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Bankruptcy--Transfers--Drawee Bank Not Liable for Payment of Depositor's Check After His Voluntary Petition in Bankruptcy Where Notice Is Not Given to Bank

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Constitutional Law--States Must Apply Federal Harmless--Error Standard to Federal Constitutional Error

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Juvenile Courts--Juveniles in Delinquency Proceedings Accorded Same Rights as Adults in Criminal Trials

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Taxation--Federal Income Taxation--Section 267 of the IRC Applies to Involuntary Sale

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Torts--Right of Privacy--Rule of New York Times v. Sullivan Extended to Actions for Invasion of Privacy

Book Reviews, Herman L. Trautman, W. Harold Bigham

Vanderbilt Law Review

THE BEST OF TRUSTS AND ESTATES-ESTATE PLANNING

There are one hundred and four articles arranged in eight chapters entitled, "Estate Planning-A Panoramic View," "Using the Marital Deduction, "Income Tax Planning, " "Making the Most of Gifts,""Minimizing Administration Problems," "How to Handle Business Interests," "Arranging Life Insurance," and "Drafting Wills and Trusts." The citation and date of the original publication of each article is stated, and in many instances there is an addendum by the author which brings the article up to the date of the book. In addition there are excellent introductory commentaries by the editors at the beginning of …

Bail Reform In The State And Federal Systems, Law Review Staff

Vanderbilt Law Review

The origin of the institution of bail is not entirely known, but it is believed to have originated in medieval England as a device to free untried prisoners. The definitive structure of the process seems to have been first codified in 1275 in the Statute of Westminster. The institution developed gradually and eventually became so well established that the English Bill of Rights of 1688 provided that "excessive bail ought not to be required."' The factors contributing to the development of the institution of bail were primarily matters of practical importance. Disease-ridden jails, delayed trials by traveling justices, and insecure …

Legal Implications Of Clinical Investigation, Howard N. Morse

Vanderbilt Law Review

There is an increasing concern among the members of the medical profession with legal rights, obligations and limitations affecting clinical investigation. This is understandable in light of the virtual explosion of clinical investigation within medical science. Clinical investigation is the systematic collection, evaluation and reporting, by or under the supervision of physicians, of data about other human beings for the purpose of advancing scientific medical knowledge. Thus it includes neither investigation relating to animals (even though such investigation may also advance scientific medical knowledge), nor investigation of human beings for purposes unrelated to medical science, nor the trial of unproven …

Report On Administrative Law To The Tennessee Law Revision Commission, Daniel J. Gifford

Vanderbilt Law Review

The following discussion of certain aspects of administrative law is a revised version of a report prepared during the 1963-64 academic year in response to a request by the Tennessee Law Revision Commission for an evaluation of issues to be considered in adopting an administrative procedure act for the State of Tennessee. Because one of the Model State Administrative Procedure Acts would probably be used as the basis for a Tennessee Act, the discussion is based upon a comparative analysis of the workings of the original Model Act, the Revised Model Act, and the federal Administrative Procedure Act.

Whether a …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

Commercial Arbitration In Federal Courts, James F. Nooney

Vanderbilt Law Review

With increasing frequency attorneys are confronted with disputes arising under commercial contracts which contain arbitration agreements. Before the attorney can advise the client as to his legal position and recommend a course of conduct, he must interpret the effect of the arbitration agreement. Often the first question for the attorney is whether the client (or, in turn, the opposing party) can be forced to arbitrate. The answer depends upon whether agreements to arbitrate future disputes are enforceable under the law applicable to the transaction. Where both parties to the contract are citizens of the same state, the answer is readily …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Section 2(b) of the Robinson-Patman Act Permits Seller To Use a Pricing System To Meet the Prices of Competing Goods of Equal Saleability

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Constitutional Law--First Amendment--State Legislature May Not Require Local School Boards To Lend Textbooks to Pupils of Parochial Schools

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Constitutional Law--Imports Shipped Directly to Dealer Under Consignment Contracts With the Importer Are Not Immune to State Taxation Under the Import-Export Clause

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Constitutional Law--Reapportionment--One Man-One Vote Principle Applies to Popularly Elected Local School Boards

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Criminal Law--Admissibility in Evidence of Blood Tests Over Defendant's Objection

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Criminal Law--Resentencing--Court Has Duty To Make Known Reasons for Increased …

Legislation: Public Employee Labor Relations / Removal Of Federal Judges, Law Review Staff

Vanderbilt Law Review

One of the most striking developments in labor relations during the past fifteen years has been the rapid increase of both employment and union organization in the public sector. In 1950, there were approximately 6 million public employees; today there are over 10 million, over three quarters of whom work on the state and local level. It is estimated that 1.5 million of these government employees are members of various union organizations, a sixty per cent increase over the past ten years. As a result of this growth, public employees have increasingly sought and gained organizational and bargaining rights parallel …

Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg

Vanderbilt Law Review

On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …

Book Reviews, Harold G. Maier

Vanderbilt Law Review

The Enforcement of International Judicial Decisions Arbitral Awards in Public International Law By E.K. Nantwi Leyden, Netherlands: A.W. Sijthoff, N.V., 1966. Pp. xv 209.

Harold G. Maier

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Legal Papers of John Adams Edited by L. Kinvin Wroth and Hiller B. Zobel Cambridge: The Belknap Press of Harvard University Press, 1965. Vol. 1, pp. cxliv, 334. Vol. 2, pp. x, 441. Vol.3, pp. viii, 434. $30.00 the set

Frederick Bernays Wiener

The Sabbatino Case And The Sabbatino Amendment: Comedy--Or Tragedy--Of Errors, William H. Reeves

Vanderbilt Law Review

The issues and decisions in the Sabbatino litigation and the significant concepts of the Sabbatino legislation are here reviewed and considered in five parts. Part I discusses the mistaken beliefs of the Congress as to the reasons for proposing and enacting the Sabbatino Amendment. Part II then examines the relations between Cuba and the United States, explaining how Cuba's insult made possible the judicial errors in the Sabbatino decisions, which were reversed by the Supreme Court, and also prompted the subsequent Sabbatino legislation. In Part III, proof will be given of congressional misinterpretations of foreign law and foreign court decisions …

Possible Effects Of The Proposed East-West Trade Relations Act Upon U.S. Import, Export,And Credit Controls, Harold J. Berman, John R. Garson

Vanderbilt Law Review

In 1966, and again in the President's State of the Union message in January 1967, the Administration announced that it would ask Congress to pass an "East-West Trade Relations Act." The immediate effect of such legislation would be to permit the President to abolish existing discriminatory restrictions upon imports from the Soviet Union or other Communist countries of Eastern Europe (excluding East Germany), in the context of bilateral commercial agreements designed to "provide a framework helpful to private United States firms conducting business relations with Communist state trading agencies."' Such agreements, it is contemplated, would be reached" by instituting regular …

State Trading Activities In Hungary, Stephen Szaszy

Vanderbilt Law Review

The influence of the state in the organization and control of foreign trade is, as a matter of course, even greater in socialist states than in Western countries. In socialist countries the characteristic features of foreign trade are state monopolization of foreign trade and foreign exchange. The exclusive bearer and performer of international connections is the state itself. By virtue of its foreign trade monopoly, it not only regulates and directs foreign trade, but it is fully responsible for both concluding and executing international agreements. All operative activities of foreign trading are performed in socialist countries by state-created enterprises, established …

Some Legal Problems Of State Trading In Southeast Asia, Chittharanjan F. Amerasinghe

Vanderbilt Law Review

State trading-trade conducted internationally by a state or public agency-has become a feature of the mixed economies of southeast Asia. With the growing importance of economic planning and the increase of state intervention (often tantamount to absolute control)in areas of the economy of individual southeast Asian countries, there has been an expansion of international trading functions by states or public agencies. Much of this trade is conducted at a state to state level, i.e., on a bilateral basis. This kind of infrastructure is attributable in part to the fact that the Communist bloc countries generally either have no place for …

Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff

Vanderbilt Law Review

Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …

Aec Production And Distribution Of Radioisotopes: State Trading In A Free Enterprise Economy, E. Blythe Stason

Vanderbilt Law Review

Among the one hundred or so business-type activities of the Government are certain operations of the Atomic Energy Commission. In this article we shall examine the origin, growth and usefulness of just one phase of these AEC activities, that is, the production and distribution of radioisotopes. This activity is singled out for emphasis partly because of the remarkable success story resulting from the use of such isotopes, but more especially because of an unusual and even unique aspect of "state trading" introduced into the business by the AEC. We refer to, and shall explain in some detail, an unusual self-limiting …

Communist China's Foreign Trade Organization, Gene T. Hsiao

Vanderbilt Law Review

Although as of October 1966 Communist China has been diplomatically recognized by only fifty countries' and thus still remains outside the world legal community, it has trade relations with more than 120 countries and regions. The annual volume of Peking's foreign trade has been estimated at 2.96 billion dollars in 1963 and 4.5 billion dollars in 1966. The latest Western reports from Peking indicate that foreign buyers and sellers see in "China's 700 million people a market with dazzling prospects and a potential source "of supply of goods they can market profitably in their countries." The official organ of the …

A Symposium On State Trading, William W. Bishop, Jr., Edwin D. Dickinson

Vanderbilt Law Review

It is a privilege and an honor to be invited to introduce the following collection of articles on State Trading. In planning and organizing this symposium, the Vanderbilt Law Review has chosen to deal with an important factor in contemporary economic life--a factor which has widespread ramifications in both domestic and international law. The included articles cover a wide variety of subjects, and represent view-points which differ considerably. They have the common quality of clear and full presentation of information about current problems, while at the same time suggesting further lines for investigation. Each article offers much of interest and …

State Trading Monopolies In The European Economic Community, Ernst-Joachim Mestmacker

Vanderbilt Law Review

Governments have long recognized state trading monopolies as convenient devices to achieve political and commercial objectives concurrently, using the leverage of their economic power to political ends and vice versa. The effectiveness of the Boston Tea Party, and its aftermath, in adjusting state trading monopolies to the requirements of free trade settled the problem for the United States only. Thus, when the parties to the Treaty of Rome' agreed to divest themselves of their control over intra-Community trade by the establishment of a customs union, they were faced with the problems posed by their trading monopolies as well. The state …

The End Of Empire, Fred D. Schneider

Vanderbilt Journal of Transnational Law

Within the space of a generation, the British Empire has disintegrated in a way that appears extraordinary, even in retrospect. "How marvelous it all is," Lord Rosebery exclaimed at the end of the nineteenth century. If marvelous in its growth, the Empire has been no less significant in the manner of its passing.

The decline of great empires exerts a peculiar fascination over the mind of the historian; indeed, more has been written about the fall of Rome than about the death of any other political entity. Diverse and contradictory theories are advanced to explain a complex historical phenomenon, and …

Book Reviews, R. T. D., W. G. C., J. J. R., Iii, A. W. R.

Vanderbilt Journal of Transnational Law

VIETNAM AND INTERNATIONAL LAW: An analysis of the Legality of the U. S. Military Involvement by the Consultative Council of the Lawyers Committee On American Policy Towards Vietnam. O'Hare 1967.

R.T.D.

BEYOND VIETNAM: The United States and Asia. Edwin 0.Reischauer 242 pages. Knopf (Paperback: Vintage $1.65) 1967.

W.G.C.

ON TRIAL: THE SOVIET STATE VERSUS "ABRAM TERTZ" AND "NIKOLAIARZHAK", Translated, edited, and with an introduction by Max Hayward, 1-83 pages with index, Harper and Row (paperback),.$1o95o

J.J.R., III

CHINA AFTER MAO. by A. Doak Barnett. With selected documents..287 pages Princeton, N. J.: Princeton University Press 1967.

A.W.R.

Headnotes, Journal Editor

Vanderbilt Journal of Transnational Law

It is a pleasure for us to present the first issue of the Vanderbilt International to the Vanderbilt community. The present style and content of V.I. is hybrid -- lying somewhere between a scholarly journal and a popular news magazine, attempting to please the casual reader as well as the student of international affairs. While this first issue has a very definite legal bent, we plan to be as ecumenical as we can in the future, printing material by economists, historians and political scientists as well as by leaders from outside the academic community.

In its present form, V.I. is …

The Vietnam War: Tax Costs And True Costs, Peter B. Lund

Vanderbilt Journal of Transnational Law

The Common Man in the Street, on being interviewed and asked the question, "What is the cost of the Vietnam War?," might respond, "I understand it's about twenty-five billion dollars a year." Twenty-five billion dollars per year is the current estimate of the tax cost of the Vietnam War and a figure which is widely circulated in this country. However, one need not be an especially astute observer of the domestic and international effects of the Vietnam situation as it affects this country domestically and internationally to realize that the cost to the United States of conducting a war of …

Organizations For The International Lawyer-- A Brief Survey, Elliott E. Cheatham

Vanderbilt Journal of Transnational Law

The great rise in interest in international law has a firm basis in the facts of modern life. Washington and New York are now closer to Paris and Moscow in travel time, not to speak of missile delivery time, than adjoining county seats were when Washington warned against entangling alliances. Travel time and ease rather than miles or kilometers are the measure of near and far. The shrinkage of space in time has increased enormously the importance of sound relations among peoples of the world. Science and technology are opening up new areas for human activities, particularly competition in outer …

Peace-Keeping And Peace-Making--The Un In The Middle East, Robert D. Kamenshine

Vanderbilt Journal of Transnational Law

A UN official, commenting on the designation of Swedish diplomat Gunnar Jarring as the Security Council's representative to work for a Middle East peace, observed that both Ralph Bunche and Lester B. Pearson had already received Nobel Prizes for bringing peace to this region. If anything is to be learned from the most recent Middle East conflict, it is that a cessation of hostilities cannot be equated with a peace; that a true peace involves the resolution of basic conflicts of interests.

Almost from its very inception, the United Nations has been deeply involved in Middle East problems. Just over …

Expression Of Democracy: Local Elections In Petorca, Chile, Peter S. Cleaves, Eugene V. Matta

Vanderbilt Journal of Transnational Law

The municipal elections of Chile were held on April 2,1967. On April 3, in Santiago, spokesmen from the national committees of the five major parties --the Christian Democrats, the Radicals, the Communists, the Nationalists, and the Socialists--all proclaimed that the results showed that their political aggregation had been victorious on the previous day. The debate concerning who had won the election raged for several weeks in the press, in Congress and in spirited social conversation. The Christian Democrats argued that although their percentage of the national vote dropped from forty-two per cent to thirty-five per cent, they had increased their …

The Law School Looks At Vietnam, W. G. C.

Vanderbilt Journal of Transnational Law

On November 7, 1967, while pollsters were busy recording increased popular dissatisfaction with President Johnson's Vietnam policy, the Vanderbilt International Law Society decided to find out what law students at Vanderbilt felt about the War and the legal implications stemming from it.

About two-thirds of the entire student body participated in the poll. A multiple-choice format was used; yet, many students added lengthy comments of their own on the War. Of course, their interest wasn't just academic. As one voter noted, "My answers are affected by the probability that I'll be going to Vietnam...and I don't want to get shot …