Law Commons^™

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Burden of Proof--"Clear Proof" Standard Applied to Union Liability Under Sherman Act

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Antitrust--Robinson-Patman Act--Private Litigants Need Not Show Consequential Damages in Order to Recover Treble Damages for Price Discrimination Violations

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Antitrust Remedies--State Given Standing to Sue as Parens Patriae

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Civil Rights--State Action Not Required Under Sections 1981,1982, and 1985(3) of Title 42; Action "Under Color of State Constitutional Right" Satisfies the "Color of Law" Requirement of Section 1983

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Conflict of Laws--"Contacts" Approach Rejected--Lex LociDelicti Applied Until Undeniably Better Rule is Found

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Conflict of Laws--Criminal Procedure--Law of Forum Applies to Search and Seizure in Accused's Out-of-State …

The Massachusetts Antiwar Bill, Anthony D'Amato

Faculty Working Papers

The Massachusetts Antiwar bill provides that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Art. I, Sect. 8 of the United States Constitution. One could hardly imagine a more fundamental constitutional doubt arising in the mind of the American public than that of the legality of a major war. The purpose of the Massachusetts bill is purely and simply to obtain an authoritative judicial test of the constitutionality of an undeclared war.

Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War, Anthony D'Amato

Faculty Working Papers

One of the most singular pieces of legislation in American constitutional history passed the Massachusetts legislature in 1970, and was signed into law. It provided that, except for an emergency, no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that has not been declared a war by Congress under Article I, Section 8, clause 11 of the US Constitution. A conflict between state law and national policy was created.

The Generality Of Neutral Principles: A Game-Theoretic Perspective, Robert L. Birmingham

Articles by Maurer Faculty

Eleven years ago Professor Wechsler first argued that constitutional adjudication should be based on neutral principles of general applicability that transcend the factual contexts of the cases in which they are announced. Since that time, legal scholars have been engaged in a continuing debate over both the meaning and the validity of Wechsler's thesis. Professor Birmingham adds a new perspective to this debate by analyzing neutrality and generality in terms of game theory.

International Executive Agreements: Their Constitutionality, Scope And Effect, Alfred P. Knoll

Case Western Reserve Journal of International Law

No abstract provided.

Freedom Of Expression And The Censor, James B. Pressly Jr.

South Carolina Law Review

No abstract provided.

Recent Decisions

South Carolina Law Review

No abstract provided.

Book Reviews, Law Review Staff

Vanderbilt Law Review

This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …

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 …

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 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 …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust-Informal Price--Information Exchanges Held Violative of Sherman Act

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

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

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

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

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Religious Societies--First Amendment Prohibits Civil Courts From Determining Doctrinal Questions in Resolving Church …

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 …

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

The French Conseil D' Etat: A Case Study In Boundary Maintenance, Robert Carp, Harrell Rodgers

Vanderbilt Journal of Transnational Law

Very little is known about the role that courts play in the total political system of a nation. In two recent works Professors Walter Murphy and Joseph Tanenhaus have centered attention on this question and have isolated some of the major functions of courts and developed several working hypotheses concerning these functions. They suggest that one of the major functions of constitutional courts consists of "defining the rules of the political game and determining the boundaries of authority between competing public officials as well as the boundaries between governmental authority and individual liberty." In approving or disapproving the acts of …

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, …

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

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

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

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

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

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

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

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Unincorporated Divisions of a Corporation May Be Separate Entities for Purposes of Antitrust Laws

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Constitutional Law--One-Year Residence Requirement as Condition of Eligibility for State Welfare Aid Held Unconstitutional

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International Law--Sovereign Immunity and Act of State--Hickenlooper Amendment Precludes Assertion of Act of State Where Act Is Violative of International Law

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Products Liability--Lender Held Liable for Gross Defects in Housing Development It Had Financed

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Taxation--Constructive Ownership Rules Automatically Applied to Section 302(b) (1)Dividend Equivalency Test

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Taxation--IRS Rules Organization Which Discriminates on Basis of Race Not Charitable

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antitrust, constitutional law, international law, products liability, taxation

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Law of Jurisdiction with Predominant Interest in Resolution of Issue Applied

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Constitutional Law--Owner of Private Subdivision May Refuse To Sell to Negroes

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Eminent Domain--Compensation for Substantial Impairment of Riparian Owners' Right of Access Denied

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Taxation--Professional Service Corporations--Kintner Regulations Held Invalid

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Taxation--Recovered Charitable Contributions, Previously Claimed as Deductions, Are Gross Income In Year of Receipt

Separation Of Powers In The Australian Constitution, John M. Finnis

Journal Articles

Even those who regret it accept that the founders of the Australian Constitution "beyond question" intended the separation of powers now required by the Boilermakers' Case . This article seeks first to show that the arguments advanced to prove the alleged intention are no more probative -than the draftsman's literary arrangement which has prompted the accepted view of constitutional history; and second, to discuss the proper strategy of approach to the historical record on these matters.

Comments

South Carolina Law Review

No abstract provided.

Recent Decisions

South Carolina Law Review

No abstract provided.

Recent Decisions

South Carolina Law Review

No abstract provided.

Comments

South Carolina Law Review

No abstract provided.