Law Commons^™

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, …

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 …