Commercial Law Commons^™

Inequitable Conduct And The Duty Of Disclosure In Patent Procurement, Evan R. Witt

BYU Law Review

No abstract provided.

The Second Death Of Federalism, William W. Van Alstyne

Michigan Law Review

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

Overturning Bellas Hess: Due Process Considerations, Sandra B. Mccray

BYU Law Review

No abstract provided.

An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer

Seattle University Law Review

This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Commercial Speech Concerning Unlawful Conduct: A Clear And Present Danger, Richard L. Barnes

BYU Law Review

No abstract provided.

Hawaiian Ripples, Patricia D. White

Articles

Bacchus Imports, Ltd. and Eagle Distributors, Inc.

v.

George Freitas, Director of Taxation of the State of Hawaii

(Docket No. 82-1565)

Argued January 11, 1984

The Constitutionality Of Section 9-504(3) Of The Uniform Commercial Code: A Question Of State Action And Procedural Due Process, Abe Rappaport

Cardozo Law Review

No abstract provided.

Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio

Vanderbilt Journal of Transnational Law

Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)

Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).

Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)

Constitutional Limitations On State Taxation Of Corporate Income From Multinational Corporations, Paul J. Hartman

Vanderbilt Law Review

This Article explores the Supreme Court's treatment, leading up to and including the Container decision, of state taxation of corporate income from multinational operations. Part II highlights the Court's development, prior to 1982, of the basic principles of federal limitations on the states' taxing powers that guided its decision in Container. Part III takes a more detailed look at two 1982 Supreme Court cases, ASARCO, Inc. v. Idaho State Tax Commission and F.W. Woolworth Co. v. Taxation and Revenue Department, in which the states suffered a setback in their efforts to extend the reach of their taxing powers over income …

A Deferential Interpretation Of The Complete Auto Transit Test For Determining Whether A State Tax Unconstitutionally Burdens Interstate Commerce: Commonwealth Edison Co. V. Montana, Richard L. Musick

BYU Law Review

No abstract provided.

Constitutional Law - Commerce Clause - State Taxation Of Interstate Commerce - Supremacy Clause, Comfrey Scott Ickes

Duquesne Law Review

The United States Supreme Court has upheld the constitutionality of the Montana coal severance tax finding that it does not violate the Commerce Clause and that it is not inconsistent with federal legislation.

Commonwealth Edison Company v. Montana, 453 U.S. 609 (1981).

The Expansion Of Federal Legislative Authority, Terrance Sandalow

Book Chapters

During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Commerce Clause And The Balancing Approach: The Delineation Of Federal And State Interests: United Transportation Union V. Long Island Rail Road, Guy P. Kroesche

BYU Law Review

No abstract provided.

William Lamey: A Student's Reminiscence, Kathleen Corcoran Esposito

Loyola University Chicago Law Journal

No abstract provided.

William L. Lamey - Professor Emeritus - Retired June, 1979, Charles W. Murdock Dean

Loyola University Chicago Law Journal

No abstract provided.

In Tribute To William L. Lamey, Charles R. Purcell

Loyola University Chicago Law Journal

No abstract provided.

Survey Of The Literature: Commercial Speech And Commercial Speakers, Michael Feldman

Cardozo Law Review

No abstract provided.

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review (1956 - )

No abstract provided.

Justice Stevens: The First Three Terms, George C. Lamb, Iii, Charles L. Schlumberger, D. J. Simonetti, James D. Spratt Jr., Joel R. Tew, Douglas W. Ey, Jr. Special Projects Editor

Vanderbilt Law Review

This Special Project undertakes an examination of Justice Stevens' Supreme Court opinions in an effort to identify his philosophical orientations, to evaluate the consistency of his views, and to determine the extent to which he has developed workable analytical methods. To achieve these goals, Justice Stevens' opinions are examined in three contexts: first, the area of federal-state relations,including commerce clause and supremacy clause questions; second, the individual rights area, emphasizing criminal constitutional and first amendment issues, and problems of fifth and fourteenth amendment analysis; and third, questions concerning the proper role of the Supreme Court in the constitutional scheme. Even …

The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz

Indiana Law Journal

No abstract provided.

Recent Decisions, Jamie S. Martin, Margaret H. Fiorillo, J. Andrew Hoyal, Ii

Vanderbilt Journal of Transnational Law

CONSTITUTIONAL LAW--COMMERCE CLAUSE--STATE TAX ON INSTRUMENTALITIES OF FOREIGN COMMERCE INVALID WHEN TAX RESULTS IN MULTIPLE TAXATION AND IMPAIRS FEDERAL UNIFORMITY IN REGULATION OF FOREIGN TRADE

Jamie S. Martin

-----------------------------

IMMIGRATION--LAWFUL UNRELINQUISHED DOMICILE--DEPORTABLE RESIDENT ALIEN MUST ACCUMULATE SEVEN YEARS OFLAWFUL DOMICILE SUBSEQUENT TO ADMISSION FOR PERMANENT RESIDENCE TO BE ELIGIBLE FOR DISCRETIONARY RELIEF

Margaret H. Fiorillo

----------------------------------

LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT--MANUFACTURER MAY SUE STEVEDORE FOR INDEMNIFICATION FROM LIABILITY ARISING OUT OF LONGSHOREMEN'S INJURIES--THEORY OF EQUITABLE CREDIT DOES NOT APPLY TO THE LHWCA

J. Andrew Hoyal, II

Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss

Vanderbilt Law Review

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

- - - - - - - - - - - - - - - - - - - -

Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does …

Constitutional Law - State Action - State's Statutory Delegation Of Governmental Power To Creditor And Expansion Of His Common Law Remedies Held Sufficient State Action To Subject Creditor's Action To Fourteenth Amendment, Peter John Michael Rohall

Villanova Law Review (1956 - )

No abstract provided.

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

COMMERCIAL OPERATIONS IN EUROPE

Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.

COMPARATIVE CONSTITUTIONAL LAW

By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.

COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS

By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.

THE DISCIPLINE OF LAW

By Lord Denning London: Butterworths,1979. Pp. 330.

INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES

By Guy S. Goodwin -Gill Oxford: Clarendon Press, …

State Taxation Under The Commerce Clause: An Historical Perspective, Jerome R. Hellerstein

Vanderbilt Law Review

Although Congress has plenary power under the commerce clause to regulate state taxation of interstate commerce, that power remained virtually unexercised until 1959. As a consequence of the silence of Congress, the task of reconciling the competing interests of states, multistate businesses, and local businesses, and accommodating those interests to the needs of a national economy fell by default to the Supreme Court. The instrumentality available to the Court for dealing with the complex political, fiscal, and economic controversies inherent in state taxation of multistate business was the commerce clause (augmented by due process restrictions and,to a lesser extent, the …

The Constitutionality Of The Multistate Tax Compact, Robert M. White

Vanderbilt Law Review

It is now firmly established that states have the constitutional power to tax multistate businesses on net income reasonably attributable to activity within the taxing state. Within this legal frame-work, limited only by Public Law 86-272, the states have fashioned separate and diverse rules for the taxation of multistate corporations.'The recently formed Multistate Tax Compact provides an efficient alternative to both the present disarray of state statutes and possible federal regulation of interstate taxation. The principal purposes of the Compact are to establish uniform rules for determining state tax liabilities of multistate taxpayers, to eliminate ineffective tax administration and the …

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Susan E. Dominick, Robert D. Butters, Walter T. Eccard

Vanderbilt Law Review

The first amendment guarantee of free exercise of religion, although couched in absolute terms, has never been considered an absolute right. The first significant free exercise case, Reynolds v.United States,' upheld the conviction of a Mormon polygamist who claimed a religious exemption from the bigamy laws on the basis of the first amendment. The Court held that while Congress was left powerless to legislate in matters of mere opinion, it was nonetheless" left free to reach actions which were in violation of social duties or subversive of good order."'

Susan E. Dominick

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

The instant decision appears to be the …