Law Commons^™

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

===========================

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

===========================

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

============================

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

============================

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

============================

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

====================================

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

=============================

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

==============================

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

===============================

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

Professor Elliott E. Cheatham, John J.A. Hossenlopp, William B. Reynolds

Vanderbilt Law Review

Professor Cheatham taught far more than legal rules. By imparting to his students a sense of his commitment to achieving excellence through self-education, he indeed prepared them well. Of course, the ideas and insights which he afforded them will continue to guide all students of the law. To those who follow to the classroom he now leaves behind, we offer on his behalf a thought which, more than any other, calls to mind both his teachings and the way he lives: "The great lawyer has always been a great teacher and his best pupil is himself."'

Elliott E. Cheatham: His Contributions To A Developing Sense Of Professional Responsibility, Robert E. Mathews

Vanderbilt Law Review

It may not, after all, be difficult to be a nunc pro tunc prophet, but it takes real imagination to think of it. Hindsight is quite another matter; all of us are constantly explaining how a better decision years ago would have made for a happier world today. But to think in 1947 of assuming oneself to have been prophesying in 1897 as to what would be the state of affairs fifty years thence reveals an imaginative gift of some magnitude. Not only does it offer a sure-fire guaranty of accuracy of prediction, but also it dramatizes the fallibility of …

Elliott E. Cheatham - Gentleman, Richard R. Powell

Vanderbilt Law Review

It was suggested to the writer that he write about Elliott E. Cheatham as a colleague in the field of legal education. This is but one aspect of his special preeminence, but any aspect of this man finds its ultimate foundation in his underlying and pervasive qualities as a gentleman. Kindly in the face of student stupidity, gentle in persuading his obstinate colleagues, loving in his more personal relations, the man embodies the best that can be connoted by the phrase "Southern gentleman."

The Published Works Of Elliott E. Cheatham, Law Review Staff

Vanderbilt Law Review

The Published Works of Elliott E. Cheatham

conflict of laws, legal education, professional standards

BOOKS CASES AND MATERIALS ON CONFLICT OF LAWS Chicago, 1936(with others); 2d edition, 1941; 3d edition, Brooklyn, 1951; 4th edition, 1957; Supplement, 1961; 5th edition, 1964.

CASES AND OTHER MATERIALS ON THE LEGAL PROFESSION. Chicago, 1938; 2d edition, Brooklyn, 1955.

COURS GENERAL SUR PROBLEMES ET METHODES EN MATIERE DECONFLIT DE LOIS. Paris, 1960. A LAWYER WHEN NEEDED. New York, 1963.

ARTICLES

What Can Law Schools Do to Raise the Standards of the Legal Profession? Symposium on Co-operative Efforts to Raise the Standards of the Legal Profession), …

Elliot E. Cheatham, Phillip C. Jessup

Vanderbilt Law Review

A man of great courage and a fighter for principle, he would never surrender, but if conscience and conviction permitted, he would have great pleasure in giving. As one of our other colleagues has suggested to me, Elliott Cheatham's greatness as a teacher' is due to the fact that he is always eager to give. I have witnessed many examples of Elliott's modesty, which should not be mistaken for any wobbly lack of self-confidence. When he pleads that he has limitations which suggest the desirability of seeking someone else for an honor or place of distinction or a juridical contribution, …

Private International Law And Its Sources, Elliott E. Cheatham, Harold G. Maier

Vanderbilt Law Review

Professors Cheatham and Maier raise the question, "What are the sources of the law applied in private international cases?" The authors consider this question under two main headings. The first deals with the "authoritative sources" of private international law applied in United States courts. It considers the question, Where, within the complex governmental structure of the United States, does power over private international matters rest?" Several possible sources are considered: public international law, state law, and federal law, and within federal law, the major components: international agreements, legislation, federal common law and executive law. The second part of the article …

Book Reviews, Law Review Staff

Vanderbilt Law Review

Since there has never been an era in which as much aggregate contemplation has been expended on the problems involved in the protection of literary property, Professor Patterson's book is both timely and important. The issues involved are being widely debated and discussed, but unfortunately much of the current discussion appears to be proceeding more from emotion, oratory, and vested concern than from detached and dispassionate logic. For this reason especially, the scholarly, sound history in Professor Patterson's new monograph is certain to be welcome, as it cuts through four centuries of continuing obfuscation and confusion and clarifies considerably the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Divorce-- Minimum Contacts Doctrine Extended to Non-Resident in Alimony Award

Conflict of Laws--Torts--Law of Forum Applies to Accident Involving Only Out-of-State Motorists

Constitutional Law--Desegregation--States Are Required To Take Affirmative Action To Desegregate Higher Education Facilities

Constitutional Law--Selective Service Act--Fifth Amendment Requires Civil Judicial Review of Draft Board Classification and Induction Orders

Public Welfare--Substitute Father Regulation Inconsistent with Social Security Act and Invalid Criterion for Denying AFDC Payments to Needy Children

Taxation--Corporate Income Tax--Pre-Sale Declaration of Dividend by Subsidiary in Amount Equal to Retained Earnings Held Tax-Exempt Inter-Corporate Dividend on Receipt by Parent

Eec, John W. Wade

Vanderbilt Law Review

Elliott Cheatham is a man of young ideas--often radical ones. His thoughts and plans are of the future, and he looks to the past only for the lessons it gives as to how the future can be improved. He thinks always of the "energizing forces of the law."' He sees the turmoil and vicissitudes of contemporary society as a challenge to the law, the lawyer, and the law school, to identify the values in them and find a way for law to produce the orderly change which will capture and utilize those values. He can sternly and firmly prod and …

Elliott Evans Cheatham, Willis L.M. Reese

Vanderbilt Law Review

Cheatham has made a marked imprint through his teaching and his writing on five areas of the law: international law, property, legal education, the legal profession, and conflict of laws. Of these, the legal profession is probably the field where his influence has been most deeply felt. Indeed, it is largely because of his ground-breaking casebook that the subject figures so prominently today in law school curriculums. Likewise, his Carpentier Lectures of a few years ago on "A Lawyer When Needed" provided the entering wedge into a subject that is of great contemporary significance. What Cheatham has done in the …

Elliott E. Cheatham, Erwin N. Griswold

Vanderbilt Law Review

After a full career on the faculty of the Columbia Law School,Professor Cheatham has had a new career as a member of the faculty of the Vanderbilt University Law School. During this period, his writing has never ceased, and it is always lively and original.Elliott Cheatham has been one of the great legal scholars of our time. He has also been one of the great persons in law teaching. He has been a great inspiration not only to his students, but also to the law teachers who have tried to follow in his footsteps.

Antitrust And The Newspapers -- A Comment On S. 1312, John J. Flynn

Vanderbilt Law Review

The American newspaper industry, often called "The Fourth Estate," apparently believes it has fallen on hard times. The aristocrats of the Fourth Estate, the daily newspapers, came to the Ninetieth Congress seeking a boon: relaxation of the rigors of antitrust policy as applied to mergers and joint agency operations by otherwise competing newspapers. A bill has been introduced, S. 1312, which is sponsored by fifteen Senators of diverse political and economic views, all save one having one thing in common-the presence of newspaper joint agency operations in their home states.' The very fact that Senators of such conflicting viewpoints could …

Some Legal And Economic Aspects Of Industrial Development Financing, Everett H. Falk

Vanderbilt Law Review

The increasing popularity of industrial development financing suggests that there are considerable benefits to be gained from the intelligent use of these plans. However, before a community commits itself to a particular industrial development project it should develop a clear concept of the direction in which the community is to move and it should seek to define its long-range economic objectives in the context of its ability to support industrial growth and its economic relation to other regions. The states themselves can, with professional assistance,undertake studies to define regional objectives; but statutory standards implemented by state agencies are necessary to …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--When Plaintiff Participates in a Scheme Initiated by Defendant, In Pari Delicto Is No Bar to Recovery

=============================

Civil Rights--Amusement Park Is Covered by Title II of the Civil Rights Act of 1964

==============================

Civil Rights--Desegregation--Freedom-of-Choice Plans Are Not To Be Used When More Effective Means for Desegregation Are Available

==============================

Constitutional Law--Fourteenth Amendment Entitles Defendants Charged with Serious Crimes in State Courts to Trial by Jury

==============================

Constitutional Law-Reapportionment--"One Man, One Vote" Held Applicable to Units of Local Government

==============================

Constitutional Law--Search and Seizure--Police May Conduct Limited Search for Weapons in Course of Field Investigatin Without Probable Cause for …

Comment, Wex S. Malone

Vanderbilt Law Review

There is no discernible reluctance by courts to direct verdicts on the issue of the plaintiff's carelessness in suits by invitees against proprietors of business premises. The writer has had occasion to examine a representative group of about two hundred cases in this area where contributory negligence was seriously in issue. In more than a third of these disputes the appellate courts had either approved the trial judge's action in directing a defendant verdict, or had reversed a judgment for plaintiff because the trial court had allowed the controversy to reach the jury on the contributory negligence issue. I have …

Comment, Robert A. Leflar

Vanderbilt Law Review

It is increasingly common today for courts to render opinions as they did in an earlier common law era, that is, to answer the principally litigated issue first, then to give answers to incidental questions that are apt to arise thereafter. Admittedly these incidental answers are dicta only, but they are substantially authoritative and serve useful purposes. By employing such a technique, appellate courts can do a better job than legislatures usually have done in promulgating comparative negligence rules. With respect to matters upon which the legislature has never taken any position, legislative inaction constitutes no affirmative assertion of legislative …

State Courts And The Federal System, Griffin B. Bell

Vanderbilt Law Review

One of the more important aspects of federalism lies in the relationship which has been established between state and federal courts. The interworkings of the judicial process involve power in some in-stances and principles of comity in others. The purpose of this article is to examine this relationship, including possible areas of abrasion resulting from the interworkings between the two court systems.

The Unitrust In Estate Planning: A Partial Panacea, Louis F. Comus Jr.

Vanderbilt Law Review

This note explores applications of the unitrust in estate tax planning.

Part II presents general characteristics of the unitrust, including its advantages and limitations.

Part III discusses the use of the unitrust as a marital deduction trust, including prescription for administration of the marital deduction unitrust in various situations involving different sizes of estates.

Part IV presents income tax considerations involved in the use of the unitrust, under subchapter J of the Internal Revenue Code. Finally, Part IV suggests amendments to the basic unitrust form for maximizing its effectiveness in estate planning.

A Survey Of Financial Responsibility Laws And Compensation Of Traffic Victims: A Proposal For Reform, Lorence L. Timm

Vanderbilt Law Review

One of the most acute socio-economic and legal problems confronting society today concerns the compensation of traffic victims. In 1966, there were 52,500 persons killed as a result of traffic accidents,'which constituted nearly one-half of all accident fatalities. In addition, 868,000 persons were injured, and the total cost of motor vehicle accidents was estimated at ten billion dollars. As a result of the steadily rising accident toll, there has been increased concern over means of insuring that victims of automobile accidents will be compensated. This concern has been aggravated by the continued presence of the financially irresponsible motorist. The problem …

Comments On Maki V. Frelk--Comparative V.Contributory Negligence: Should The Court Or Legislature Decide?, James Fleming Jr., Harry Kalven Jr., Robert E. Keeton, Robert A. Leflar, Wex S. Malone, John W. Wade

Vanderbilt Law Review

Believing that the holdings and opinions in the case of Maki v. Frelkare significant legal developments, the Vanderbilt Law Review has solicited comments on these decisions, which it is now pleased to publish. These comments by six distinguished torts teachers and writers bear on the relative merits of comparative and contributory negligence, but more importantly, they discuss whether the judicial or legislative method is most appropriate for adoption of a rule of comparative negligence. It is hoped that these comments will be used as a sound basis for action, whether the problem arises before the courts or legislatures.

Comment, Robert E. Keeton

Vanderbilt Law Review

Part of the price we pay for a system wisely dedicated to even-handed justice under law is that courts often fail to identify those exceptional cases in which the highest aims of the system are served rather than threatened by a judicial break with precedent. Thus it happens that in the long, slow story of law reform, a recent case in the Illinois courts raised hopes for a rare and distinctive breakthrough. In Maki v. Frelk, responding to an invitation from the state's supreme court to reexamine the well entrenched rule that contributory negligence of an injured person is a …