Law Commons^™

Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player

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Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …

Emptio, "Taking", Alan Watson

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According to Festus, "Emere, quod nunc est mer cari, antiqui acdpiebant pro sumere" and modern philologists do accept some such meaning as the original in Latin. The Thesaurus Linguae Latinae however, thinks there is no certain example of this sense of emere and considers the instances adduced by Skutsch to be scarcely convincing. I should like to produce for consideration a different instance drawn from the derivative emptio or emptor. The instance in question may not take us as far back as emere = sumere but will at least to emere = accipere. Roman legal tradition tells us that the …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.

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In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.

Reasoning By Riddle: The Power To Prohibit In Georgia Local Government Law, R. Perry Sentell Jr.

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One of the most significant and potentially objectionable powers exercised by any level of government is the power to regulate or prohibit the trades and occupations of its citizens. Of course, the only avenue for contesting the validity of such regulations is through the courts, at which time the basic tension of the individual’s right to earn a living vs. the government’s power to control his business comes quickly to the forefront. In his Article, Professor Sentell, dealing strictly with the power of Georgia local governments, points out that the Georgia courts have confounded the area by inconsistent consideration of …

Municipal Annexation In Georgia: The Contiguity Conundrum, R. Perry Sentell Jr.

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The Georgia law of municipal annexation possesses a rich history both statutory and decisional. Strangely subdued in this history, however, is the concept of contiguity. Although this term has been stated and defined by the legislature, the concept has historically provoked little controversy, and the courts have stayed away from it with fervor. Recently, this has changed. The purpose here, therefore, is to mark what may well be the origin of a new chapter in the Georgia law of municipal annexation.

Multiple Party Accounts: Georgia Law Compared With The Uniform Probate Code, Richard V. Wellman, J. Foster Clark

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Joint accounts established in financial institutions have become increasingly popular as inexpensive and convenient means of nontestamentary disposition of wealth. Varied and often unsuitable legal theories which have been relied upon to validate such attempts have, however, resulted in inconsistent case results in what should otherwise be a fairly simple area. In their article, Professor Wellman and Mr. Clark explain this disparate treatment and demonstrate the desirability of Article VI, Part 1 of the Uniform Probate Code as a statutory solution for the problems presented.

The Rescripts Of The Emperor Probus (276-282 A.D.), Alan Watson

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In an earlier study, I examined the private law in the rescripts of Carus and his two sons, the Emperors who ruled from 282 to 284, immediately before the accession of Diocletian, and found as the main conclusion that, despite everything, the quality of legal decision had remained reasonably high. This paper considers the four rescripts that survive from the troubled reign of the preceding Emperor, Probus. None contains a great legal innovation; none shows a drastic lowering of legal standards. Their importance lies in what they reveal about general matters. Despite the enormous military and economic problems of the …

Some Reflections On The State Taxation Of A Nonresident's Personal Income, Walter Hellerstein

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With respect to the taxation of personal income, it was plain by 1940 that states were constitutionally free to tax residents on all personal income wherever earned and nonresidents on personal income earned within the state, even though these two principles, taken together, meant that an individual's income might be subject to "double-taxation" by different states. The Court, after toying with the idea for a decade, finally rejected the invitation to forge the due process clause into a tool for preventing multiple taxation and reverted to the ruling law of an earlier era that left the solution of such problems …

Some Reflections On The State Taxation Of A Nonresident's Personal Income, Walter Hellerstein

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With respect to the taxation of personal income, it was plain by 1940 that states were constitutionally free to tax residents on all personal income wherever earned and nonresidents on personal income earned within the state, even though these two principles, taken together, meant that an individual's income might be subject to double-taxation by different states. The Supreme Court, after toying with the idea for a decade, finally rejected the invitation to forge the due process clause into a tool for preventing multiple taxation and reverted to the ruling law of an earlier era that left the solution of such …

Discretion In Georgia Local Government Law, R. Perry Sentell Jr.

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The initial question in evaluating the ability of a municipal corporation to control the affairs of its citizens is the existence of an allocation of power from the state sovereign. Once such power is found, Georgia courts traditionally view any activity within the scope of that power as a privilege of citizenship in a municipal corporation, controlled at the generally unrestricted discretion of the local government. But when and how do such privileges become rights? With an overview of the typical positions taken by Georgia courts on the power of local governments to control the affairs of their citizens, Professor …

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

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There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …

Criminal Law In Tennessee In 1973: A Critical Survey, Joseph G. Cook

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No abstract provided.

Tignum Iunctum: The Xii Tables And A Lost Word, Alan Watson

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A text of the scholar Festus, which is famous among Latinists and lawyers alike, reads:

Tignum non solum in aedificiis, quo utuntur, appellatur, sed etiam in vineis, ut est in XII: "Tignum iunctum aedibus vineave et concapit ne solvito".

For the quotation from the XII Tables, the manuscripts showsome variation for 'vineave': 'victum' in W, 'vineaque' in V and 'minerve' in X. But these we can happily leave aside and com to the crux of the text, 'concapit', which appears in all the manuscripts. "'Concapit', a corrupt word, and difficult of explanation" say Lewis and Short! And the emendations proposed …

Book Review: From Confederation To Nation: The American Constitution, 1835-1877 By Bernard Schwartz (1973), Donald E. Wilkes Jr.

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From Confederation to Nation is a constitutional history of the United States in the nineteenth century. To be more exact, it is an examination of the operation of the Federal Constitution from 1835 (the year of John Marshall's death) to 1877 (the end of Reconstruction).

Although the book is. rather short (only 243 pages, including index), it is packed with information and analysis. None of the important American constitutional developments of the period is excluded from discussion. The thesis of the book is that between 1835 and 1877 the United States was transformed from a loose confederation with a weak …

The New Federalism In Criminal Procedure: State Court Evasion Of The Burger Court, Donald E. Wilkes Jr.

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It is hardly news that the Supreme Court has changed since the innovative Sixties. In cases involving obscenity, juvenile justice, loyalty oaths, loss of nationality, preinduction review of selective service board orders, and federal injunctive and declaratory relief against state criminal prosecutions, the Burger Court has shown that its judicial philosophy is substantially different from that of the Warren Court. Nowhere is this change more evident than in the field of criminal procedure. Since June 23, 1969, when Warren E. Burger became the fifteenth Chief Justice, it has grown increasingly obvious that the Burger Court intends to reverse the trend …

A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.

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Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …

Final Offer Arbitration: The Last Word In Public Sector Labor Disputes, Rena C. Seplowitz

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No abstract provided.

The Behavior Of Justice Douglas In Federal Tax Cases, Marjorie A. Silver, Bernard Wolfman, Jonathan L. F. Silver

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No abstract provided.

Scope Of Cross-Examination And The Proposed Federal Rules, Ronald L. Carlson

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In analyzing the proposed Federal Rules of Evidence, the drafting work of the Advisory Committee should not be overlooked. This is easy to do when any particular rule is isolated and criticized. For the most part, the total rules package prepared by the Advisory Committee represents a commendable effort to provide a needed set of uniform rules for federal trials. The ideas contained in the new rules are almost invariably well researched. When oversights or omissions in treatment do appear, however, it is well to raise these points for discussion. Congress is reviewing the Proposed Federal Rules, and the final …

Unconstitutionality In Georgia: Problems Of Nothing, R. Perry Sentell Jr.

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Professor Sentell's Article examines the apparently well-established principle in Georgia that an unconstitutional statute is an absolute nullity. Against the backdrop of City of Atlanta v. Gower, Professor Sentell first focuses on the developmen of-the-void-from-inception doctrine and then reviews its application in Georgia. Finally, he concludes that this principle has had a substantial impact upon constitutional and legislative law in this state.

Criminal Law In Tennessee In 1972: A Critical Survey, Joseph G. Cook

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No abstract provided.

Book Review: Sexual Freedom And The Constitution (1973), Wayne Mccormack

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Book Review of SEXUAL FREEDOM AND THE CONSTITUTION, by Walter Barnett (Albuquerque: University of New Mexico Press, 1973).

Whither The Nixon Board?, J. Ralph Beaird, Mack A. Player

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The Nixon administration has now appointed a majority of members to the National Labor Relations Board. With this change in Board composition have come significant shifts in labor policy. The authors of this Article examine these shifts in policy in light of the approaches of past Boards.

Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.

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The purpose of this article is to provide a framework for the comparative and critical examination of the West German Statute Concerning the Distribution of Foreign Investment Shares and the Taxation of their Proceeds of 28 July 1969 and the OECD Standard Rules. The reference point for this framework is the United States Investment Company Act of 1940 which is not only the most pervasive of the regulatory schemes affective collective investment institutions but also undoubtedly the scheme most familiar to most readers. This article will identify a number of the areas in which the American experience with the Investment …

Argument To The Jury And The Constitutional Right Of Confrontation, Ronald L. Carlson

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Dean Carlson poses the question: When a prosecutor refers to evidence outside the record in his summation, has he thereby violated the accused person's constitutional right to cross-examine the witnesses against him? The prevailing view is that this is reversible error only if the defendant can prove that the reference was highly prejudicial.

After a full analysis of all the leading decisions--and these are largely analogous in nature--the author proposes a new rule and a new approach to this unexplored area.

Book Review: Handbook Of The Law Under The Uniform Commercial Code (1972), I. Boyce Covington

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Book review of HANDBOOK OF THE LAW UNDER THE UNIFORM COMMERCIAL CODE, by James J. White and Robert S. Summers (St. Paul, Minn.: West, 1972).

Book Review: The Case For Reparations (1973), Ira B. Shepard

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Book Review of THE CASE FOR REPARATIONS, by Boris I. Bittker (NY: Random House, 1973).

Equal Protection For Juveniles: The Present Status Of Sex-Based Discrimination In Juvenile Court Laws, Samuel M. Davis, Susan C. Chaires

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The authors of this Article are concerned with sex-based discrimination in juvenile court laws. They first analyze those state laws that are sexually discriminatory and then explore the possibility of attacking these laws under the equal protection clause of the fourteenth amendment. Finally, the potential impact of the Equal Rights Amendment upon these laws is discussed.

Descendible Future Interests In Georiga: The Effect Of The Preference For Early Vesting, Verner F. Chaffin

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In past issues of the Review Professor Chaffin has illuminated many areas of Trust and Estates Law. In this Article he treats the inscrutable area of descendible future interests. Future interests which do not terminate at death obviously result in nonpossessory property passing through the estates of their holders. This Article first shows the unhappy consequences of such passage of property. It then points out not only that most draftsmen and testators are unaware of the undesirable consequences of creating descendible future interests, but also that many such interests exist as a result of Georgia's constructional preference for early vesting …

The Prospects For Individual Freedom: Toward Greater Fairness For All, J. Ralph Beaird, C. Ronald Ellington

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Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means.

Imagine that on June 1, 2001, the latest issue of United States Law Week listed the following cases for oral argument at the next October term of the United States Supreme Court....