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Articles 4711 - 4740 of 4752
Full-Text Articles in Law
The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden
The Federal Anti-Injunction Statute In The Aftermath Of Atlantic Coast Line Railroad, John Daniel Reaves, David S. Golden
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Last Term the Supreme Court rendered its decision in Atlantic Coast Line Railroad v. Brotherhood of Locomotive Engineers. This case involved the present anti-injunction statute, section 2283 of Title 28, which forbids federal court injunction of state court proceedings. Mr. Justice Black, writing for the majority, traced the roots of the statute's predecessor into the "fundamental constitutional independence of the states and their courts." He hinted that the act grew out of concern for constitutional inviolability of a state court's adjudicative process. Mr. Justice Black went on to announce that the anti-injunction statute is absolute; no judicially created exceptions …
The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.
The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.
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What our city fathers do as legislators and how they do it impinges upon the daily lives of most of us. Those involved in the production of municipal law and those affected by it will find this study of legislative procedure at the local level of great interest and help. Here is a solid piece of research which will stand for a long time to come.
Current Problems In Search And Seizure, Joseph G. Cook
Current Problems In Search And Seizure, Joseph G. Cook
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No abstract provided.
Some Aspects Of The Lmrda Reporting Requirements, J. Ralph Beaird
Some Aspects Of The Lmrda Reporting Requirements, J. Ralph Beaird
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Collective bargaining became the keystone of our national labor policy with the passage of the Wagner Act in 1935. The central role of this procedure was preserved in the Taft-Hartley and Landrum-Griffin Acts. By choosing collective bargaining as the principal instrument of labor market control, Congress sought to remove sources of industrial strife by a method which preserved private determination free from either unchecked employer power or smothering governmental control. Landrum-Griffin was supplementary legislation designed to eliminate or prevent practices which distorted and defeated the collective bargaining policy of the Labor-Management Relations Act. This statutory scheme has now been in …
Criminal Law In Tennessee In 1969 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1969 - A Critical Survey, Joseph G. Cook
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No abstract provided.
Improving Georgia's Probate Code, Verner F. Chaffin
Improving Georgia's Probate Code, Verner F. Chaffin
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No one would deny that our laws should provide an efficient and rational system for the transmission of wealth, whether by intestacy or under the terms of a will. The purpose of this article is to suggest several specific reforms and to attempt to explain why they should be made. No effort is made to enumerate all the troublesome areas. The changes recommended are not definitive or comprehensive, but are simply illustrative of matters that a complete study would bring to light. Total agreement with the writer's conclusions would be undesirable and certainly unexpected.
The Original Meaning Of Pauperies, Alan Watson
The Original Meaning Of Pauperies, Alan Watson
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The very name, 'actio de pauperie', presents us squarely with the problem. Why should this action -- dealing with damage caused by animals -- and this action alone come to be called 'the action on poverty'? For the word 'pauperies' in the later Republic and the Empire does have the primary meaning of 'poverty'. This problem does not stand by itself. The 'actio de pauperie' is old, and goes back at least to the XII Tables. Why does it -- apparently at least -- give a remedy for damage of all kinds, whereas the later lex Aquilia of 287 B.C. …
Tax Significance Of Payments In Satisfaction Of Liabilities Arising Under Section 16(B) Of The Securities Exchange Act Of 1934, Lawrence Lokken
Tax Significance Of Payments In Satisfaction Of Liabilities Arising Under Section 16(B) Of The Securities Exchange Act Of 1934, Lawrence Lokken
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This article examines the income tax significance to the insider of his payment in satisfaction of a liability arising under section 16(b). Such taxpayers have usually sought a deduction against ordinary income in the year of payment. When the issue was first raised, the deduction was denied. Section 16(b) liability was held to be in the nature of a penalty; allowance of the deduction, it was found, "would weaken an effective method of enforcing the sharply defined policy expressed in sectin 16(b)...." In 1961 the Internal Revenue Service modified its earlier position by ruling that section 16(b) is not a …
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie?, Ronald L. Carlson
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Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious “bloody shorts” case is an example in point. There, the state introduced as evidence a pair of men’s “blood-stained” undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because “[ilt …
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
False Or Suppressed Evidence: Why A Need For The Prosecutorial Tie, Ronald L. Carlson
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Many United States Supreme Court decisions have overturned criminal convictions for the reason that the government employed false evidence to obtain the conviction or failed to disclose relevant evidence important to the defense. In reversing federal or state judgments, the Court often has located direct proof of wrongdoing by the prosecutor. The notorious "bloody shorts" case is an example in point.' There, the state introduced as evidence a pair of men's "blood-stained" undershorts to achieve conviction of the accused. When the blood turned out to be red paint, the Supreme Court granted habeas corpus relief to the defendant because "[it …
Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson
Jailing The Innocent: The Plight Of The Material Witness, Ronald L. Carlson
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Unknown to many lawyers, American legal history is marred with numerous recorded episodes of extended imprisonment of innocent American citizens. Frequently guiltless of any offense, these citizens are held because they happen to be witnesses to a crime and are financially unable to post a bond to insure their appearance to testify at the trial of the person accused of committing it. Not simply a feature of law from a bygone era, these incidents of imprisonment continue to arise today. Occasionally, a situation occurs wherein the man accused of the crime is released on bail and spends his time before …
A Dean's-Eye View Of Thomas F. Green, Jr., Lindsey Cowen
A Dean's-Eye View Of Thomas F. Green, Jr., Lindsey Cowen
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Whatever success in attaining excellence has been achieved over the forty years of Tom's service to legal education has occurred largely because he has kept his eye on the ultimate goal. Happily he has demanded no less of us who have been associated with him in the task.
Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.
Highlights Of The Proposed Federal Rules Of Evidence, Thomas F. Green Jr.
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To prepare a draft of proposed rules, the Chief Justice of the United States, as chairman of the Judicial Conference, appointed an Advisory Committee of fifteen members. Membership is comrpised of eight trial attorneys, the former chief of the criminal appeals unit of the Department of Justice, four federal judges, and two members of law school faculties. A third academician, Edward W. Cleary, who before teaching had 11 years of active practice, is Reporter for the Committee, furnishing many of the ideas, doing or directing most of the research, and usually doing the original drafting. After three and a half …
Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.
Georgia Municipal Tort Liability: Ante Litem Notice, R. Perry Sentell Jr.
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Time and again the Georgia courts have spoken on the meaning of various phrases in the notice-of-claim statute, or, as they popularly refer to it, the "ante litem notice" statute. During the last three or four years, the judiciary's activity has been particularly concentrated. Grappling with questions of first impression, changing approaches to interpretation, or confirming prior positions, their decisions must now be understood as a part of the statute itself. What follows is simply a brief effort to summarize this recent judicial activity, hopefully in an orderly fashion. If the traveler is thereby aided in updating his map, the …
Labor Relations Policy For Public Employees: A Legal Perspective, J. Ralph Beaird
Labor Relations Policy For Public Employees: A Legal Perspective, J. Ralph Beaird
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Because approximately one-sixty of the nation's nonagricultural work force are public employees and because labor strife in public employment is increasing each year, the need for thoughtful examiniation of public policy in this vital area is manifest. The purpose of this article is to provide a basic legal framework to which the labor relations posture of the public employee can be related. Hopefully this can be accomplished by focusing on two separate but related areas. One concerns the oft told story of the evolution of labor-management relations policy for the private sector, while the other deals withe the law's changing …
Relationships Between Foreign Policy, National Security And The Regulation Of Foreign Commerce, Fredrick W. Huszagh
Relationships Between Foreign Policy, National Security And The Regulation Of Foreign Commerce, Fredrick W. Huszagh
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Federal regulation of industry is employed frequently to protect the consumer, frustrate extensive concentrations of power, and safeguard the national interest. History demonstrates that the effectiveness of regulatory provisions involving independent regulatory agencies is substantially affected by congressional and presidential attitudes and actions. The President's actions may be premised on his congressionally delegated powers over particular regulatory activities, his prestige and strategic leverage, or his own constitutional powers. How the President's constitutional and congressionally delegated powers over foreign relations and national security interact with the activities of independent regulatory agencies with respect to international commerce, especially concerning communication by satellite, …
Local Government And Contracts That Bind, R. Perry Sentell Jr.
Local Government And Contracts That Bind, R. Perry Sentell Jr.
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To paraphrase a modern slogan, in local government law "little goes right if the contract's too tight." For the layman who bargains in good faith with a municipality or county, the introduction to this principle can be a jolt. TO be told that his contract was not a contract, because it would have unduly bound the local government, must prompt serious doubts in his mind about the law commanding this result. To be told that he is legally presumed to know this must confirm his suspicions. But the principle is a well-established one, existing in most jurisdictions from early times. …
An Unprincipled Decision On A Will, Alan Watson
An Unprincipled Decision On A Will, Alan Watson
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In this article Professor Alan Watson reviews the decision of Alfenus from Ancient Rome (D.28.5.45 Alfenus 5 dig).
Criminal Law In Tennessee In 1968 - A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1968 - A Critical Survey, Joseph G. Cook
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No abstract provided.
Foreword: Recent Developments In Labor Law, J. Ralph Beaird
Foreword: Recent Developments In Labor Law, J. Ralph Beaird
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This symposium issue brings together a collection of papers notable for diversity of subject matter as well as for point of view. Yet all relate to what is generally referred to as our National Labor Policy.
The Texas Gulf Sulphur Opinion In The Appellate Court: An Open Door To Federal Control Of Corporations, Robert N. Leavell
The Texas Gulf Sulphur Opinion In The Appellate Court: An Open Door To Federal Control Of Corporations, Robert N. Leavell
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The United States Court of Appeals for the Second Circuit has written an opinion in the Texas Gulf Sulphur case which seems to me unfortunate and in large part unnecessary. This comment is a brief statement of why I feel this to be the case.
Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell Jr.
Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell Jr.
Scholarly Works
Earlier in the pages of this Review the judicial application of the "one-man-one-vote" standard to local government is discussed in detail. As noted, the United States Supreme Court did not completely evolve this standard for state legislatures until June, 1964. Since that time, the state courts and the lower federal courts have been inundated with litigation raising the question of the basic applicability of the standard to local governments in this country, as well as a host of accompanying inquiries. This litigation and the courts' reactions to it were extensively traced. At the close of its term, however, the Court …
Corporate Finance Under The Georgia Business Corporation Code Of 1968, Pasco M. Bowman Ii
Corporate Finance Under The Georgia Business Corporation Code Of 1968, Pasco M. Bowman Ii
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This Article will review the financial provisions of the new Georgia Business Corporation Code (B.C.C.), which will become effective April 1, 1969. On that date, the Code will automatically apply to virtually all existing domestic business corporations, other than banks, trust companies, railroads, and the several other types of corporations which obtain their charters from the Secretary of State. Existing domestic insurance companies will be subject to the B.C.C. to the same extent as they are now subject to the present general corporation law. The financial provisions of the B.C.C. are found primarily in Chapter 22.5, entitled "Corporate Finance." Key …
Union Trusteeship Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959, J. Ralph Beaird
Union Trusteeship Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959, J. Ralph Beaird
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With the passage of the Labor-Management Reporting and Disclosure Act of 1959, Congress embarked upon a policy of substantial federal regulation of internal union affairs. Prior to this enactment, the impact of law on this area had been determined largely by state courts with only a modicum of legislative guidance. In formulating the LMRDA Congress was greatly concerned with determining where to draw the line between necessary democratic safeguards and the preservation of union self-determination. This concern was particularly evident in drafting Title III which deals with union trusteeships. While Congress framed Title III from a somewhat limited informational base, …
Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor Jr.
Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor Jr.
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During its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: (1) to describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; …
Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson
Morality, Slavery And The Jurists In The Later Roman Republic, Alan Watson
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The problem I wish to discuss is the moral attitude of the later Republican jurists to slavery. The prominent jurists of the time belong to the upper classes and, although it would be wrong to generalize from the jurists to other members of the aristocracy, we shall have a certain glimpse into the social attitudes of the period if we can gain a reasonably clear picture from the jurists. I will deal only with juristic discussion, and not with the statutes and edicts which concern slavery. No doubt the jurists would play a part in shaping these, but public political …
The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell Jr.
The Law Of Municipal Annexation In Georgia: Evolution Of A Concept?, R. Perry Sentell Jr.
Scholarly Works
The time has come to think seriously and in detail about municipal annexation. The effort here, then, represents a return to basics. The justification for it rests on the point that Georgia does indeed possess a rich history in annexation law. What of this history? How has it dictated the law's development? What are the methods of annexation presently available to municipalities in Georgia? Upon what authority are these methods bottomed, and what are the possible limitation upon their effectiveness? Is the point at which the law has now arrived the culmination of evolving a deliberate concept or simply the …
Reapportionment And Local Government, R. Perry Sentell Jr.
Reapportionment And Local Government, R. Perry Sentell Jr.
Scholarly Works
On June 15, 1964, the Supreme Court of the United States, in the context of its decisions in Reynolds v. Sims and companion cases, put the finishing touches upon its evolving principle that state legislatures must be apportioned on an equal population basis; i.e., the "one-man-one-vote" standard. This principle drew its commandment, held the Court, from the equal protection provision of the fourteenth amendment to the United States Constitution. On May 22, 1967, the Supreme Court of the United States rendered decisions in three cases which had confronted it for the first time with questions on the relationship of the …
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
The Supreme Court, The Individual And The Criminal Process, E. Hunter Taylor Jr.
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The sweeping social changes presently occurring in this country are having important effects on the law. The impact of this philosophical revolution upon th elaw is manifesting itself most directly and vividly in the Supreme Court of the United States where the entire concept of "individual liberty and freedom" is undergoing far-reaching change. One of the most important changes is occurring in the development of constitutional rules of criminal procedure, particularly those applicable to the states through the fourteenth amendment. Most of the particular longstanding announced aims of the Court, e.g., protection against the conviction of the innocent and prevention …
Ombudsmen And Others And When Americans Complain, Joseph G. Cook
Ombudsmen And Others And When Americans Complain, Joseph G. Cook
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No abstract provided.