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Texas Law Review Home

Texas Law Review Archives
 

Volume 44
1965-1966
Issue Number:  1 2 3 4 5 6 7 8

Issue 1

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Issue 2

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Issue 3

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Issue 4

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Issue 5

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  • Article: Bringing the Bastard into the Great Society -- A Proposed Uniform Act on Legitimacy, Harry D. Krause, Page 829.
  • Article: Community Property Aspects of Profit-Sharing and Pension Plans in Texas -- Recent Developments and Proposed Guidelines for the Future, Vester T. Hughes, Jr., Page 860.
  • Article: Analysis of the Sales-Commission System of Tires, Batteries, and Accessories Distribution in Retrospect: Answers for an Incisive Dissent, Lester Anthony Klaus, Page 890.
  • Article: Judicial Review of Policy Methods in Law Enforcement -- The Problem of Compliance by Police Departments, Michael J. Murphy, Page 939.
  • Article: Judicial Review of Policy Methods in Law Enforcement -- The Role of the Supreme Court of the United States, Alexander M. Bickel, Page 954.
  • Comment: Statutory Control of the Texas Savings and Loan Industry, Thad T. Hutcheson, Jr., Page 966.
  • Comment: The Texas Code of Criminal Procedure, William G. Reid, Page 983.
  • Note: Conglomerate Mergers Creating a Probability of Reciprocity That May Lessen Competition Held Illegal Under Section 7 of the Clayton Act. (FTC v. Consolidated Foods Corp., U.S. 1965), Jimmy L. Browning, Page 1019.
  • Note: Enforcement of a Patent Procured by Intentional Fraud on the Patent Office Violates Section 2 of the Sherman Act and Subjects the Violator to Treble Damages Under Section 4 of the Clayton Act. (Walker Process Equip., Inc. v. Food Mach. & Chem. Corp., U.S. 1965), William R. Porter, Page 1024.
  • Note: Child is Legitimate for All Purposes if a Voidable Marriage, Which is Later Annulled, Occurs After Conception of the Child. (Home of the Holy Infancy v. Kaska, Tex. 1965), James R. Dickerson, Page 1028.
  • Note: Appointment of Officer With Inadequate Legal Training as Defense Counsel in Special Court-Marital Violates Sixth-Amendment Right to Counsel. (In re Stapley, D. Utah 1965), Thomas R. Haggard, Page 1032.
  • Note: Charity Immune From Tort Liability Even Though It Carries Liability Insurance Covering the Injury. (Watkins v. Southcrest Baptist Church, Tex. 1966), James R. Dickerson, Page 1037.
  • Note: Employer's Decision To Subcontract Not A Mandatory Subject of Collective Bargaining When Employer is Effecting A Partial Liquidation of Operations. (NLRB v. Adams Dairy, Inc., 8th Cir. 1965), John L. Jeffers, Jr., Page 1042.
  • Note: Unions, Like Employers, May Withdraw From Multi-Employer Bargaining Units Simply By Giving Timely And Unequivocal Notice. (Evening News Ass'n v. N.L.R.B. 1965), Arno W. Krebs, Jr.,  Page 1047.
  • Note: When Lease Restricts Lessee's Right to Pool Into Units Prescribed By Government Authority, Lessee Can Pool Only In Accordance With The Standard Unit Size Recommended For The Field. (Jones v. Killingsworth, Tex. 1965), William Royal Furgeson, Jr., Page 1051.
  • Note: Hospital Owes Invitee Seeking Emergency Medical Treatment No Duty to Remove Ice From Emergency Entrance. (Gulfway Gen. Hosp. v. Pursley, Tex. Civ. App. 1965), Brainerd S. Parrish, Page 1054.
  • Book Review: International Law by Charges G. Fenwick, Gordon B. Baldwin, Page 1060.
Issue 6

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Issue 7

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  • Article: The Supreme Court and Federalism, Alpheus Thomas Mason, Page 1187.
  • Article: Tax Problems Raised by Liquidation of Partnership Interests, R. Dale Swinhart, Page 1209.
  • Article: Judicial Law Reform -- A Perspective on the Performance of Appellate Courts, Robert E. Keeton, Page 1254.
  • Article: Federal Income Taxation of Farmers' and Other Cooperatives: Part II, James K. Logan, Page 1269.
  • Comment: Dismissals of Public-School Employees in Texas -- Suggestions for a More Effective Administrative Process, Frank W. R. Hubert, Jr., Page 1309.
  • Comment: "In Major Part" - The New Causation Problem in Trade-Agreements Programs, Tim K. Banner, Page 1331.
  • Note: Due Process Requires That the Holder of a Cigarette Permit be Given Notice and a Hearing to Forfeiture of the Permit. (House of Tobacco, Inc. v. Calvert, Tex. 1965), Stanley C. Beyer, Page 1360.
  • Note: Creditor's Filing of Claim in Bankruptcy Court Gives Referee Summary Jurisdiction to Order Surrender of Voidable Preferences Acquired by Creditor. (Katchen v. Landy, U.S. 1966), William Royal Furgeson, Jr., Page 1364.
  • Note: Pre-UCC Security Interests Must Be Perfected According to Pre-UCC Law To Be Valid Against the Trustee in Bankruptcy, and Post-UCC Security Interests in Accounts Receivable Which Come into Existence Within Four Months of Bankruptcy are Voidable Preferences Even Though The UCC Provides That A Floating Lien Properly Recorded Prior to the Four-Month Period Automatically Attaches to After-Acquired Property. (In re Portland Newspaper Publishing Co., D. Ore. 1966), James W. Smith Jr., Page 1369.
  • Note: After Reversal of Conviction of Lesser Included Offense, Reprosecution By A State For More Serious Offense Violates the Fourteenth Amendment. (United States ex. re. Helenyi v. Wilkins, 2d Cir. 1965; Chicos v. State, Ind. 1965), James W. Smith Jr., Page 1377.
  • Note: Where Challenged Material Cannot Be Held Obscene Per Se, Evidence of Promotional Emphasis on the Prurient Aspects of the Challenged Material May Be The Controlling Factor in Determining Whether the Material is Obscene. (Ginzburg v. United States, U.S. 1966).  The Prurient-Appeal Requirement of the Roth Test is to Be Assessed in Terms of the Sexual Interests of the Material's Intended and Probable Recipient Group. (Mishkin v. New York, U.S. 1966).  Even Though Challenged Material Possess the Requisite Prurient Appeal and is Patently Offensive, it Must Also Be Utterly Without Redeeming Social Value. (Memoirs v. Massachusetts, U.S. 1966), Tim K. Banner, Page 1382.
  • Note: Unauthorized Copy of Unprotected English Translation of French Novel Infringes the Copyright on the French Novel. (Grove Press, Inc. v. Greenleaf Publishing Co., E.D.N.Y. 1965), Charles R. Haworth, Page 1389.
  • Note: State Court Has No Jurisdiction to Render a Declaratory Judgment When a Federal Court Has Abstained and Retained Jurisdiction Over the Case. (United Servs. Life Ins. Co. v. Delaney, Tex. 1965), E. Daniel Leightman & Herbert J. Green, Page 1394.
  • Note: A Party to a Labor Dispute Injured by the Malicious Circulation of False and Defamatory Statements During a Union Organization Campaign May Seek State-Law Remedies for Libel in Federal Courts. (Linn v. United Plant Guard Workers, U.S. 1966), C. Morris Davis, Page 1400.
  • Note: Section 103 of the Patent Act of 1952 Construed. (Graham v. John Deere Co., and Calmar, Inc. v. Cook Chem. Co., U.S. 1966; United States v. Adams, U.S. 1966), Charles R. Haworth, Page 1405.
  • Statute Note: Voting Rights Act of 1965 Suspends State Literacy Tests and Authorizes Federal Voting Registrants in Literacy-Tests States Where Less Than Fifty Percent of the Population Registers or Votes. (Voting Rights Act of 1965), Larry F. Amerine, Page 1411.
  • Book Review: Introduction to Jurisprudence by Dennis Lloyd, Arval Morris, Page 1417.
  • Book Review: Cases and Material on Commercial Law by E. Allan Farnsworth & John Honnold, John A. Spanogle, Jr., Page 1420.
  • Book Note: Re-Apportionment: The Law & Politics of Equal Representation by Robert B. McKay, Theodore D. Frank, Page 1426.
Issue 8

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  • Article: Choice of Law for Products Liability: The Impact of the Uniform Commercial Code and Recent Developments in Conflicts Analysis, Russell J. Weintraub, Page 1429.
  • Article: Convertible Securities and Section 16(b): The End of an Era, Robert W. Hamilton, Page 1447.
  • Comment: Public Use as a Limitation on the Power of Eminent Domain in Texas, Daniel B. Benbow, Page 1499.
  • Comment: Problems in Condemnation of Property Devoted to Public Use, Ralph W. Dau, Page 1517.
  • Comment: Condemnation of Mortgaged Property, Harold Don Teague, Page 1535.
  • Comment: The Offset of Benefits Against Losses in Eminent Domain Cases in Texas: A Critical Appraisal, P. Dexter Peacock, Page 1564.
  • Comment: Inverse Condemnation in Texas -- Exploring the Serbonian Bog, John T. Cabaniss, Page 1584.
  • Note: Responsible Representative of Public Has Standing Under Federal Communications Act to Protect Renewal of a Broadcast License. (Office of Communications of the United Church of Christ v. FCC, D.C. Cir. 1966), Jon C. Wood, Page 1605.
  • Note: Section 7 of the Clayton Act Prohibits the Merger of Two Substantial Competitors Where There Has Been a Substantial Decline in the Number of Competitors in the Market. (United States v. Von's Grocery Co., U.S. 1966), Joe Bill Watkins, Page 1610.
  • Note: Compulsory Blood Tests Do Not Violate the Fifth Amendment Privilege Against Self-Incrimination or Fourth Amendment Prohibition Against Unreasonable Search and Seizure. (Schmerber v. California, U.S. 1966), Charles L. Berry, Page 1616.
  • Note: When Only Part of a Tract of Land is Condemned and Damages to the Remainder Are Waived, the Condemned Portion is Valued as Severed Land; Retention of Right of Access to the Remaining Land is not to be Considered in Valuation of Condemned Portion. (State v. Meyer, Tex. 1966), Paul H. Hubbard, Page 1621.
  • Note: Entries of Diagnoses in Hospital Records Are Admissible Under Texas Business Records Act Only If The Diagnoses Are Ones Upon Which Competent Physicians Would Agree. (Loper v. Andrews, Tex. 1966), Alvin Early, Page 1627.
  • Note: Federal Courts Have Jurisdiction Over State Claims Joined With a Substantial Federal Claim, Despite The Lack of Independent Jurisdiction, if the State and Federal Claims Arise "From A Common Nucleus Of Operative Fact." (UMW v. Gibbs, U.S. 1966), Stanley W. Crawford, Page 1631.
  • Book Review: Territorial Trademark Rights and the Antitrust Laws by Richard F. Dole, James M. Treece, Page 1636.
  • Book Review: Texas Judicial Process Prior to Trial by Gus M. Hodges by Albert P. Jones, Frank W. Elliot, Jr. & E. Wayne Thode, Orville C. Walker, Page 1637.
  • Book Review: The Lawmakers: Recruitment and Adaptation to Legislative Life by James D. Barber, J. C. Zbranek, Jr., Page 1640.