Law Commons^™

Commercial Law: Insurance, J. Denson Smith

Louisiana Law Review

No abstract provided.

Public Law: Local Government, Alvin B. Rubin

Louisiana Law Review

No abstract provided.

The Edge Of No-Man's Land - A Definition Of The Boundaries Of State-Federal Jurisdiction Over Labor Relations, Fred W. Ellis

Louisiana Law Review

No abstract provided.

Constitutional Law - Trial Of A United States Soldier By A Foreign Power, William L. Mcleod Jr.

Louisiana Law Review

No abstract provided.

Transnational Law, By Philip C. Jessup. Yale University Press. New Haven, 1956. Pp. 113. $3.00., David Lehman

Louisiana Law Review

No abstract provided.

Cases On The Law Of Torts, By Leon Green, Wex S. Malone, Willard H. Pedrick, And James A. Rahl, West Publishing Co., St. Paul. Pp. Xxvi, 855., Henry H. Foster Jr.

Louisiana Law Review

No abstract provided.

Commercial Restrictions In English Law, Edward A. Morrison

Vanderbilt Law Review

With the passing of the Restrictive Trade Practices Act, 1956, the English statute book is now furnished with a set of enactments, comprising this Act and the Monopolies Acts 1948 and 1953, which are comparable to the anti-trust legislation of the United States. The English statutes present marked dissimilarities to their American counterparts both in aim and method. In order to understand them it is necessary to consider certain divergences of emphasis on the part of English and American judges on the common law rules in which the legislation of the two countries alike is embedded, and certain aspects of …

Legal, Economic And Political Considerations Involved In Mergers, Joseph W. Burns

Vanderbilt Law Review

Although the merger statute--section 7 of 'the Clayton Act'--was enacted in 1914, it was forty years before it assumed any importance in the antitrust field. The original statute, applicable to acquisitions of stock but not to acquisitions of assets, was wholly ineffective to prevent mergers. Enforcement efforts were insignificant...

If Congress expected the 1950 amendment to solve all the merger problems which were discussed prior to its enactment, this expectation has not been realized. Congressional committees in both the House and Senate have instituted investigations and held public hearings which have indicated considerable dissatisfaction with the effectiveness of section 7 …

Statutory Restrictions On Selling Below Cost, Homer Clark

Vanderbilt Law Review

The rules of the American game of competition are numerous, diverse and often inexplicable, but none of them is as dubious in purpose or as devious in operation as those found in the statutes prohibiting sales below cost. Such statutes have been enacted in the overwhelming majority of states,' the earliest ones dating back to the Great Depression. Indeed their philosophy has infected the federal antitrust laws. That the impetus back of these statutes was not just a product of depression fears and frustrations is shown by their passage after the depression was over in some states, and during the …

Federal Control In The Food And Drug Industries, Thomas W. Christopher

Vanderbilt Law Review

If the attention or lack of attention law reviews give to a subject is indicative of the amount of governmental control therein, then one would conclude that there is little federal regulation in the food and drug fields. The fact is, however, that there are more than 1,200 pages of federal statutes and administrative regulations affecting the food and drug industries, and no industry is more tightly controlled. The antitrust, securities, and labor statutes, for example, are, if anything, less stringent.

In the main, the approach of food and drug regulation is from a different point of view than that …

State Power Over The Federal Contractor: A Problem In Federalism, Arthur S. Miller

Vanderbilt Law Review

In large measure both the federal officials, whose job it is to enter the commercial market to fulfill the government's material needs, and the federal contractor, wherever he may be and of whatever size he may be, tend to look upon attempts by states to tax or regulate with a skeptical eye. The state appears as some alien interloper whose activities result only in hardship and delay to the contractor and consequent annoyance and financial cost to the federal government. By and large, accordingly, a prevailing idea in the federal procurement circles seems to be that of avoiding, whenever possible, …

Book Reviews, Paul Carrington, J. Allen Smith, Stanley D. Rose

Vanderbilt Law Review

Book Reviews --

The John Randolph Tucker Lectures--1953-1956 Lexington, Virginia School of Law, Washington and Lee University, 1957. Pp. 208.

reviewer: Paul Carrington

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Desegregation and the Law By Albert P. Blaustein and Clarence Clyde Ferguson, Jr. New Brunswick: Rutgers University Press,1957. Pp. xiv, 332.

reviewer: J. Allen Smith

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The Federal Tort Claims Act By William B. Wright Forward by Emile Z. Berman New York: Central Book Co., 1957. Pp. 248.

reviewer: Stanley D. Rose

Recent Cases, Law Review Staff

Vanderbilt Law Review

Agency--Representations--Liability of Principal for Agent's Assault Where Consent Obtained by Fraud

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Constitutional Law--Due Process--Admissibility in State Criminal Prosecution of Results of Blood Test taken while Accused was Unconscious

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Constitutional Law--Privilege Against Self-Incrimination--Effect of Possible Federal Prosecution on Application of State Immunity Statute in State Criminal Proceedings

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Constitutional Law--Military Jurisdiction--Capital Offenses Committed by Civilian Dependents Accompanying Armed Forces Abroad in Peacetime

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Corporations--Election of Directors--Conflict Between Constitutional Right of Cumulative Voting and Statute Authorizing Classification of Directors

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Corporations--Officers--Secretary--Treasurer's Authority to Institute Litigation

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Corporations--Shareholder Voting Agreements--Applicability of Voting Trust Statute to Pooling Agreement Giving Irrevocable Proxies to …

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

Business Associations - Uniform Limited Partnership Act - Activites Making A Limited Partner Liable As A General Partner, Frank D. Jacobs

Michigan Law Review

Marback Motor Co., a limited partnership, was formed in 1951 pursuant to the California Uniform Limited Partnership Act. Defendant limited partner held a chattel mortgage on partnership assets and owned the building in which the business was located. He had authority to co-sign checks of the partnership, but checks could be drawn on the firm's account without his signature and he could not withdraw funds himself. In August 1953, without a prior dissolution of the limited partnership, defendant bought some assets of the firm at a purchase price found to represent the fair market value of the properties. At the …

Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown

Michigan Law Review

A Review of The Legacy of Holmes and Brandeis . By Samuel J. Konefsky.

Criminal Law -- Trial De Novo -- Power Of Superior Court To Amend Warrant, Henry E. Frye

North Carolina Law Review

No abstract provided.

Index To Table Of Contents

Louisiana Law Review

No abstract provided.

Civil Code And Related Subjects: Particular Contracts, J. Denson Smith

Louisiana Law Review

No abstract provided.

Civil Code And Related Subjects: Prescription, Joseph Dainow

Louisiana Law Review

No abstract provided.

Public Law: State And Local Taxation, Charles A. Reynard

Louisiana Law Review

No abstract provided.

Table Of Contents: Subject Index

Louisiana Law Review

No abstract provided.

Dedication: Paul M. Hebert, Milton M. Harrison

Louisiana Law Review

No abstract provided.

Civil Code And Related Subjects: Conventional Obligations, J. Denson Smith

Louisiana Law Review

No abstract provided.

Insurance - Automobile Liability Insurance - Construction Of The Term "Insured" In Employee And Workmen's Compensation Exclusions, Milton L. Duvieilh Jr.

Louisiana Law Review

No abstract provided.

Constitutional Law--Obscenity, J. E. J.

West Virginia Law Review

No abstract provided.

Table Of Contents: Author Index To Book Reviews And Book Notes

Louisiana Law Review

No abstract provided.

Evidence, George W. Pugh

Louisiana Law Review

No abstract provided.