Volume 42
1963-1964
Issue Number:  1 2 3 4 5 6 7

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• Article: The Parliamentary Privilege Limitation on Freedom to Criticize the British House of Commons, Jerre S. Williams, Page 1
• Article: Venue in Federal Criminal Cases: A Plea for Return to Principle, Perry O. Barber, Jr., Page 39.
• Article: Dissenting Shareholders: Is The Statutory Appraisal Remedy Exclusive?, Howard Wolf, Page 58.
• Comment: Depreciation of Property Acquired Subject To A Long Term Lease, Larry B. Gibbs, Page 72.
• Comment: Liability For Subsequent Injuries, Estil Vance, Jr., Page 86.
• Note: Section 7 of the Clayton Act Precludes Mergers of Corporations Not Under Federal Trade Commission. (United States v. Philadelphia Nat'l Bank, 374 U.S. 321 (1963)), Richard A. Moore, Page 99.
• Note: Federal Statute Providing for Venue of National Banks in the County or City in Which the Bank is Located is Mandatory. (Mercantile Nat'l Bank v. Langdeau, 371 U.S. 555 (1963)), Stephen D. Susman, Page 103.
• Note: Shareholders' Profits From Collapsible Corporation Are Ordinary Income Even Though Shareholders Would Have Been Entitled to Capital Gain Treatment Had They Conducted Enterprise As Individuals. (Braunstein v. Commissioner, 374 U.S. 65 (1963)), William Davis Jordan, Page 111.
• Note: Section 271(b) of the Patent Code Creates a New Cause of Action Apart From Contributory Infringement in Violation of Section 271(c). (Fromberg, Inc. v. Thornhill, 315 F.2d 407 (5th Cir. 1963)), Frederic A Bittner, Page 116.
• Book Review: Principles of the Law of Property by John E. Cribbet, Richard C. Maxwell, Page 119.

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• Article: Adjudication of Water Rights, Corwin W. Johnson, Page 121.
• Article: The Supreme Court and the Relationship Between the "Establishment" and "Free Exercise" Clauses, John Norton Moore, Page 142.
• Article: The Implied Duty to Explore Further: Recent Texas Developments -- A Disagreement, James K. Smith, Page 199.
• Comment: The Supreme Court and Section 301 of the Labor Management Relations Act, Selby W. Sullivan and W. Dalton Tomlin, Page 214.
• Note: Priority of Creditor Over Assignee Who Failed To File Proper Notice of Assignment. (South Main State Bank v. State, 365 S.W.2d 946 (Tex. Civ. App. -- Austin 1963, error ref'd n.r.e.)), Patrick F. McGowan, Page 242.
• Note: Large Publicly-Held Corporation Allowed to Remain in Chapter XI Arrangement Proceeding. (Grayson-Robinson Stores, Inc. v. SEC, 320 F.2d 940 (2d Cir. 1963), affirming 215 F.Supp. 921 (S.D.N.Y.)), A. Don Emory, Jr., Page 246.
• Note: Corporate Opportunity Doctrine Prevents Sale of Personal Stock By Fiduciaries in Competition With The Corporation. (Holloway v. International Bankers Life Ins. Co., 368 S.W.2d 567 (Tex. 1963)), Brian E. O'Neil, Page 252.
• Note: Option With No Stated Duration Held To Be Enforceable Only Within A Reasonable Time And Neither A Restraint Upon Alienation Nor Violative Of The Rule Aga9inst Perpetuities. (Mattern v. Herzog, 367 S.W.2d 312 (Tex. 1963)), Richard A. Moore, Page 257.
• Note: Ground Water Used in Irrigation Farming Qualifies for Cost Depletion Allowance. (Shurbet v. United States, 11 Am. Fed. Tax. R.2d 592 (N.D. Tex. 1962)), Robert A. Venable, Page 260.
• Note: Actual Knowledge of Dangerous Condition Necessary For Successful "No Duty" or Volenti Non Fit Injuria Defense. (Halepska v. Callihan Interests, Inc., 371 S.W.2d 368 (Tex. 1963)), Marc E. Grossberg, Page 264.
• Note: Likelihood of Confusion Resulting From Imitation of Functional Features of a Product Unprotected by Patent Constitutes Unfair Competition. (Day-Brite Lighting, Inc. v. Compco Corp., 311 F.2d 26 (7th Cir. 1962), cert. granted, 374 U.S. 825 (1963)), Larry Schoenbrun, Page 268.
• Book Review: Legal Cause in the Law of Torts by Robert E. Keeton, E. Wayne Thode, Page 275.

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• Article: In Personam Jurisdiction: Article 2031B, The Texas "Long Arm" Jurisdiction Statute; And The Appearance To Challenge Jurisdiction In Texas And Elsewhere, E. Wayne Thode, Page 279.
• Comment: The Constitutional Rights of College Students, Michael T. Johnson, Page 344.
• Comment: Secondary Recovery Operations: Rights of the Non-Joiner, Gaynell C. Methvin, Page 364.
• Note: Debtor's Discharge In Bankruptcy Within Six Years Bars Subsequent Wage Earner Plan By Way of Extension. (In re Schlangeter, 319 F.2d 821 (3d Cir. 1963)), A. Don Emory, Page 382.
• Note: Statute Exempting Revenue From Wife's Separate Property From Payment Of Debts Contracted By Husband Does Not Extend to Mutations Thereof. (Moss v. Gibbs, 370 S.W.2d 425 (Tex. 1963)), Stephen D. Susman, Page 385.
• Note: Statute Providing for Mandatory Judicial Continuance in Favor of Attorney-Legislators Not Violative of Texas Constitutional Provision Relating to Division of Powers of Government. (Government Servs. Ins. Underwriters v. Jones, 368 S.W.2d 560 (Tex. 1963)), Philip F. Patman, Page 391.
• Note: Removal Petition May Be Amended By Leave of Court if it Contains Defective, Distinct From Missing, Allegations of Jurisdiction. (Evans-Hailey Co. v. Crane Co., 207 F. Supp. 193 (D. Tenn. 1962)), Carroll Cleo Haston, Page 298.
• Note: Distributions In Redemption of Stock to Pay Death Taxes -- Loss From Sale of Stock By Estate To Closely Held Corporation Allowable Deduction. (Estate of Hanna v. Commissioner, 320 F.2d 54 (6th Cir. 1963)), Roger C. Henderson, Page 402.
• Note: Lockouts and the Hiring of Replacements by Nonstruck Members of a Multi-Employer Bargaining Groups Justified As Necessary For Protecting Group's Unity. (NLRB v. Brown, 319 F.2d 7 (10th Cir. 1963), cert. granted, 32 U.S.L. Week 3237 (U.S. Jan. 7, 1964) (No. 558)), John T. Marshall,  Page 405.
• Note: Assembler Held Liable for Negligence of Supplier Manufacturer. (Ford Motor Co. v. Mathis, 322 F.2d 267 (5th Cir. 1963)), John L. Murchison, Jr., Page 409.
• Note: Division of Benefits From The Investment of Deferred Income Tax Reserves Between Regulated Taxpayer and Its Customers. (Panhandle Eastern Pipeline Co. v. FPC, 316 F.2d 659 (D.C. Cir. 1963), cert. denied, 32 U.S.L. Week 3150 (U.S. Oct. 22, 1963) (No. 277)), Bill E. Henry, Page 414.
• Book Review: Privacy -- The Right to Be Let Alone by Morris L. Ernst and Alan U. Schwartz, Raymond L. Carol, Page 419.

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• Article: Corporate Reorganizations -- Some Current Developments, Charles O. Galvin, Page 421.
• Article: The U.S. Patent System And Its Current Problems, John C. Stedman, Page 450.
• Article: The Investment Tax Credit Under The Revenue Act of 1962, J. Henry Wilkinson, Jr., Page 498.
• Article: Eminent Domain Procedure In Texas, Thomas S. Terrell, Page 522.
• Note: Trial De Novo of State Banking Board Decisions Held Unconstitutional. (Chemical Bank & Trust Co., v. Falkner, 369 S.W.2d 427 (Tex. 1963)), Frederic A. Bittner, Page 538.
• Note: Claim for Tax Refund Based on Carryback of Loss For Taxable Year in Which Bankruptcy Occurs Is Property Which Vests in Trustee Under Section 70(a)5 of Bankruptcy Act. (In re Segal, 221 F. Supp. 282 (N.D. Tex. 1963)), Stephen D. Susman, Page 542.
• Note: Federal Common Law Does Not Provide A Cause of Action for Abuse of Process By Congressional Investigator. (Wheeldin v Wheeler, 373 U.S. 647 (1963)), Donald J. Shaw, Jr., Page 549.
• Note: Attorney May Plead Privilege Against Self-Incrimination On Behalf of Client if Client Could Have So Pleaded. (United States v. Judson, 322 F.2d 460 (9th Cir. 1963)), Marc E. Grossberg, Page 553.
• Note: Shareholder Can Deduct Proxy Fight Expenditure Under Section 212 of the Internal Revenue Code of 1954. (Surasky v. United States, 325 F.2d 191 (5th Cir. 1963)), Marc E. Grossberg, Page 558.
• Note: Salvage Value of Assets Sold Prior to End of Useful Life Not Redeterminable When Sold For A Price In Excess of Adjusted Basis At The Beginning of the Taxable Year. (S & A Co. v. United States, 218 F. Supp. 677 (D. Minn. 1963)), Brian W. Copple, Page 561.
• Note: Excess of Reasonable Moving Expenses Over Reimbursement By Employer is Deductible By Employee As An Ordinary And Necessary Business Expense. (Walter H. Mendell, 41 T.C. 32 (1963)), Richard A. Moore, Page 565.
• Note: Criminal Sanction in Section 530 Is Available Under Bill of Rights. (United States v. Roganovich, 318 F.2d 167 (7th Cir. 1963)), Reed Martin, Page 568.
• Book Review: The Occasions of Justice by Charles L. Black, Jr., Alexander P. d'Entreves, Page 572.

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• Article: A Comparative Glance at the Antimonopoly Laws of the United States and Mexico, David S. Browning, Page 577.
• Article: Antitrust In The Positive State: II, Jerrold L. Walden, Page 603.
• Comment: Sale Or Lease? Disparate Tax Treatment of Mineral Transactions By Courts Based on Nature of Minerals Involved, William M. Blackburn, Jr., Page 707.
• Note: Doctrine of Judicial Estoppel Inapplicable to Prior Pleading Not Made Under Oath, Thereby Excluding All Evidence Pertaining to the Prior Judicial Admission. (West v. Carpenter, 366 S.W.2d 826 (Tex. Civ. App. -- Amarillo 1963, error ref'd n.r.e.)), A. Don Emory, Jr., Page 723.
• Note: Bankruptcy Court Not Allowed to Determine Trustee Has No Right of Action Against Liability Insurer When Tort Judgment Not Yet Final. (Palmer v. Travelers Ins. Co., 319 F.2d 296 (5th Cir. 1963)), Stephen A. Wakefield, Page 727.
• Note: Tax Lien Cannot Be Enforced Against Parent Bank for Sums Deposited in Branch. (United States v. First Nat'l City Bank, 321 F.2d 14 (2d Cir. 1963)), William R. Creasey, Page 731.
• Note: Management Has Absolute Prerogative To Go Out of Business Permanently Even if Motivated by Anti-Union Bias. (Darlington Mfg. Co. v. NLRB, 325 F.2d 682 (4th Cir. 1963)), Steve Terry,  Page 735.
• Note: An Exclusive Contract Right to Practice a Patent is a Capital Asset and Its Surrender Results in Capital Gains Taxation of the Proceeds. (United States v. Dresser Indus., Inc., 324 F.2d 56 (5th Cir. 1963)), William Davis Jordan, Page 738.
• Note: Section 1.471-6(f) of Treasury Regulations is Invalid to Extent it Requires Inclusion of Raised Breeding Herd in Taxpayer's Inventory. (Catto v. United States, 223 F. Supp. 663 (W.D. Tex. 1963)), Tommy B. Duke, Page 745.
• Note: Proceeds of Life Insurance Policies Obtained Prior to Marriage are Separate Property With a Right of Reimbursement for Premiums Paid With Community Funds. (McCurdy v. McCurdy, 372 S.W.2d 381 (Tex. Civ. App. -- Waco 1963, error ref'd)), Brian E. O'Neil, Page 747.
• Note: Accused Not Entitled to Appointed Counsel on Motion for Commitment for Psychiatric Examination to Determine Competency to Stand Trial. (Caster v. United States, 319 F.2d 850 (5th Cir. 1963)), James Allen Williams, Page 752.
• Note: Order of Highway Commission Barring Use of Foreign-Made Construction Materials is in Conflict With Statute Requiring Competitive Bidding and Thus is Void. (Texas Highway Comm'n v. Texas Ass'n of Steel Importers, 372 S.W.2d 525 (Tex. 1963)), Thomas B. Campbell, Page 755.
• Note: Recovery Allowed for Allergic Reaction Due to User's Own Peculiar Sensitivity to Defendant's Product. (Gober v. Revlon, Inc., 317 F.2d 47 (4th Cir. 1963)), Patrick F. McGowan, Page 759.
• Book Review: Federal Courts by Charles Alan Wright, Gordon Gooch, Page 764.

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• Article: The Recovery of Unconstitutional Taxes in Australia and the United States, Clifford L. Pannam, Page 777.
• Article: The Volkgeist And A Piece of Sulphur, Frank W. Elliot, Page 817.
• Observation: The Importance of Identifying the Issue in Litigation, Leon Green, Page 835.
• Comment: Flags of Convenience and National Labor Policy, Lynn R. Coleman, Page 842.
• Comment: The Executive Right, W. Randolf Elliot, Page 865.
• Note: Test For Criminal Responsibility Should Conform to Language of Model Penal Code of American Law Institute. (Wion v. United States, 325 F.2d 420 (10th Cir. 1963)), Reed Martin, Page 886.
• Note: Communist Party Officers Privileged Not to Sign Registration Statement for Fear of Self-Incrimination. (Communist Party v. United States, No. 17583, D.C. Cir., December 17, 1963)), Larry Farish York, Page 891.
• Note: Law of Marital Domicile Controls Questions of Interspousal Immunity When Accident Occurs in Another State. (Thompson v. Thompson, 105 N.H. 89 193 A.2d 439 (1963)), Joseph H. R. Colbert, Page 894.
• Note: The Post Indictment Interrogation of a Prisoner in the Absence of Counsel Violates His Constitutional Rights. (Lee v. United States, 322 F.2d 770 (5th Cir. 1963)), Larry Schoenbrun, Page 898.
• Note: Section 8(b)(4)(ii)(B) of the Landrum-Griffin Act Does Not Prohibit Secondary Consumer Picketing Directed Only At Primary Employer's Products. (NLRB v. Fruit & Vegetable Packers, 32 U.S.L. Week 4350 (U.S. April 20, 1964)), Stephen D. Bickel and Carroll Cleo Haston, Page 905.
• Note: A Minority Shareholder Has A Primary Cause of Action For Denial of Preemptive Rights in a Corporate Merger. (Borak v. J. I. Case Co., 317 F.2d 838 (7th Cir. 1963)), Frederic A. Bittner, Page 908.
• Note: Taxation of Witnesses' Traveling Expenses Held To Be A Matter of Judicial Discretion. (Farmer v. Arabian Am. Oil Co., 324 F.2d 359 (2d Cir. 1963)), John L. Murchison, Jr., Page 913.
• Note: Refusal to Enforce NLRB Order Based on the Duty of Fair Representation. (NLRB v. Miranda Fuel Co., 326 F.2d 172 (2d Cir. 1963)), Stephen D. Bickel, Page 917.
• Note: Continued Existence of Rights Granted By A Drilling Permit Are Not Conditioned On Drilling A Straight Hole. (Harrington v. Railroad Comm'n, 375 S.W.2d 892 (Tex. 1964)), Thomas L. Healey, Page 922.
• Note: Patent for Combination of New and Old Elements Held Void for Overclaiming Where Old Element Performed No New Function. (Holstensson v. V-M Corp., 325 F.2d 109 (6th Cir. 1963)), Brian W. Copple, Page 928.
• Note: General Plea of Primary Negligence Does Not Entitle Pleader to Choice of General or Specific Submission of This Issue. (Kainer v. Walker, 377 S.W.2d 613 (Tex. 1964)), Wm. Terry Bray, Page 931.
• Book Review: Gideon's Trumpet by Anthony Lewis, Charles Alan Wright, Page 935.
• Book Review: The Great Rights, Jerre S. Williams, Page 939.

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• Article: The Overloaded Fifth Circuit: A Crisis in Judicial Administration, Charles Alan Wright, Page 949.
• Article: Wiretapping in Federal Criminal Cases, Lester B. Orfield, Page 983.
• Article: Applying Correlation Analysis to Case Prediction, Stuart S. Nagel, Page 1006.
• Article: Interest Group Conflict in the Judicial Arena: The First Amendment and Group Access to the Courts, Robert H. Birkby & Walter F. Murphy, Page 1018.
• Comment: Directed Verdicts and the Right to Trial by Jury in Federal Courts, John E. Bagalay, Jr., Page 1053.
• Note: Buyer Estopped By Waiver Clause to Assert Fraud Against Assignee of Contractual Sales Agreement. (Crutchfield v. Associates Inv. Co., 376 S.W.2d 957 (Tex. Civ. App. -- Dallas 1964, error ref'd), Ralph W. Dau, Page 1072.
• Note: Constitutional Right to Privacy Guaranteed by the Due Process Clause of the Fourteenth Amendment. (York v. Story, 324 F.2d 450 (9th Cir. 1963), cert deinied, 376 U.S. 393 (1964)), Robert S. Martin, Page 1076.
• Note: State Law Allowing Libel Suit by Public Official Without Proof of Malice Held Unconstitutional. (New York Times Co. v Sullivan, 376 U.S. 254 (1964)), John M. Huggins, Page 1060.
• Note: Federal Change of Venue Allowed to Forum Where Plaintiff Could Not Have Brought the Action: Law of the Forum Where Action Brought Made Controlling After Change of Venue. (Van Dusen v. Barrack, 376 U.S. 612 (1964)), Harold Don Teague, Page 1085.
• Note: Schools Constructed by Independent School District Subject to Building Code of City. (Port Arthur Independent School Dist. v. City of Groves, 376 S.W.2d 330 (Tex. 1964)), R. Craig Parker, Page 1093.
• Book Review: Cases and Materials on Debtor and Creditor by Vern Countryman, Robert W. Hamilton, Page 1098.
• Book Review: American Enterprise and Scandinavian Antitrust Law by E. Ernst Goldstein, Carl H. Fulda, Page 1101.