Volume 45
1966-1967
Issue Number:  1 2 3 4 5 6 7

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• Article: Reversions, Remainders, and the Doctrine of Worthier Title, Stanley M. Johanson, Page 1.
• Article: The Possible Worlds of Promise, Richard V. Barndt, Page 44.
• Article: Peremptory Challenges -- Should Rule 233 Be Changed?, Albert P. Jones, Page 80.
• Comment: Land-Use Regulation for the Protection of Public Parks and Recreational Areas, Travis C. Broesche, Page 96.
• Comment: Lessors' Remedies for Nonpayment of Royalty, Linton E. Barbee, Page 132.
• Note: Congressional Power Under Section 5 of the Fourteenth Amendment May Extend to Punishment of Private Conspiracies to Interfere with the Equal Enjoyment of State-Owned Public Facilities. (United States v. Guest, U.S. 1966), John G. Niles, Page 168.
• Note: Jury Trial Is Required In A Criminal Contempt Proceeding When The Sentence Imposed Exceeds Six Months, and Prisoners Held Under Conditional Civil Contempt Sentence Must Be Released When Compliance With The violate Court Order Becomes Impossible. (Cheff v. Schnackenberg, U.S. 1966; Shillitani v. United States, U.S. 1966), Sam Dealey, Page 176.
• Note: Husband's Conviction for Tax Evasion in Preparing Joint Return Does Not Estop His Wife From Relitigating the Issue of Her Husband's Fraud in a Civil Suit for Fraud Penalties. (Moore v. United States, 4th Cir. 1966), George P. Parker, Jr., Page 183.
• Note: A Court Cannot Constitutionally Assert Extraterritorial Personal Jurisdiction Over A Nonresident Defendant if the state In Which The Court Sits Does Not Have A Sufficient Interest In The Litigation. (Curtis Publishing Co. v. Birdsong, 5th Cir. 1966), William R. Burke, Jr., Page 188.
• Note: Texas Railroad Commission Has Authority To Protect Correlative Rights By Requiring A Producer To Make Up Overproduction. (Railroad Comm'n v. Sample, Tex. 1966), Charles H. Still, Page 193.
• Note: The Term "Field" As Used In The Texas Common Purchaser Act Means A Certain Geographical Area From Which Oil Or Gas Is Produced; If The Common Purchaser And The Independent Producer Cannot Agree Upon A Price The Railroad Commission May Enter Necessary Orders. (Railroad Comm'n v. Rio Grande Valley Gas Co., Tex. 1966), Walter Alvin Early, Page 199.
• Note: An Employee Hired To Work In Texas And In Another State Has The Status Of A Texas Employee Though He May Commence His Employment In The Other State. (Texas Employers' Ins. Ass'n v. Dossey, Tex. 1966), Thomas P. Marinis, Jr., Page 204.
• Book Review: Social Defence By Mark Ancel, Paul Frederick Rothstein, Page 210.

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• Article: Passports in Perspective, Leonard S. Goodman, Page 221.
• Article: Disposition of Installment Obligations in Tax-Free Exchanges -- Conflict or Reconciliation?, John J. King, Page 280.
• Comment: Requiem For the Final Judgment Rule, Theodore D. Frank, Page 292.
• Comment: Rights of a Surviving Spouse in Texas in Marital Property Acquired While Domiciled Elsewhere, Paul W. Buchschacher, Page 321.
• Note: Reasonable Interchangeability is Not Exclusive Test of Relevant Market. (United States v. Grinnel Corp., 384 U.S. 563 (1966), Martha F. Alschuler, Page 336.
• Note: A City Ordinance That Prohibits the Exhibition Within View of a Public Highway of Films Deemed Objectionable to Children Does Not Violate the First Amendment. (Chemline, Inc. v. City of Grand Prairie, 364 F.2d 721 (5th Cir. 1966)), Federic T. Spindel, Page 345.
• Note: Texas Probate Courts Do Not Have Jurisdiction to Remove an Independent Executor for Mismanagement and Malfeasance. (Bell v. Still, 403 S.W.2d 253 (Tex. 1966)), David Patterson Smith, Page 352.
• Note: A Temporary Injunction of an Unfair Labor Practice Shall Issue Only on a Showing That it is Necessary to Preserve the Status Quo or to Prevent Irreparable Harm. (McLeod v. General Elec. Co., 366 F.2d 847 (2d. Cir. 1966), Thomas P. Marinis, Page 358.
• Note: The Rule of Imputing the Contributory Negligence of a Servant to the Master is Abandoned in Automobile Negligence Cases. (Weber v. Stokley-Van Camp, Inc., 144 N.W.2d 540 (Minn. 1966)), Robert F. Spears, Page 364.
• Note: Compromise Settlement Agreements That Include Future Medical Benefits Are Not Prohibited by the 1957 Amendments to the Workmen's Compensation Law. (Pearce v. Texas Employers Ins. Ass'n, 403 S.W.2d 493 (Tex. Civ. App. -- Dallas 1966. writ ref'd n.r.e.), Robert W. Coleman, Page 368.
• Note: Amendment to Bankruptcy Act Invalidates and Postpones Many Statutory Liens in Bankruptcy. Bankruptcy Act 67c, 80 Stat. 268 (July 5, 1966 U.S. Code Cong. & Ad. News 1808), amending 66 Stat. 427 (1952), Thomas W. Houghton, Page 374.
• Book Review: Cases on Creditors' Remedies By Pierre R. Loiseaux, Daniel R. Cowans, Page 388.
• Book Review: Legal Restraints on Racial Discrimination in Employment By Michael I. Sovern, Pauli Murray, Page 390. 
• Book Review: Law and Psychology in Conflict By James Marshall, Robert S. Redmount, Page 395.

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• Article: Proposed Revision of the Texas Penal Code, W. Page Keeton & William Reed, Page 399.
• Article: Reflections on the Revision of the Texas Penal Code, Fred Cohen, Page 413.
• Article: Penal Code Revision: Considering the Problems and Practices of the Police, Wayne R. LaFave, Page 434.
• Article: Allocation of Authority in the Sentencing-Correction Decision, Sol Rubin, Page 455.
• Comment: Texas Sentencing Practices: A Statistical Study, George William Baab & William Royal Furgeson, Jr., Page 471.
• Comment: The Right to Counsel During Police Identification Procedures, Charles R. Haworth, Page 504.
• Comment: The Mere Evidence Rule: Doctrine or Dogma?, Charles T. Newton, Jr., Page 526.
• Note: A Court Has A Constitutional Duty To Conduct An Inquiry Into The Competence of a Narcotics Addict to Stand Trial. (Hansford v. United States, D.C. Cir. 1966), Stuart A. Morse, Page 565.
• Note: In Order To Protect Assigned Counsel From Severe Financial Burdens And To Protect The Indigent's Right To Counsel, A Court May Order Payment Of Fees And Expenses Above The Maximum Statutory Limits. (People v. Randolph, III, 1966), Richard R. Brann, Page 571.
• Note: Once The Issue of Entrapment Is Raised By A Showing That Commission of the Offense Was Attended By The Intervention of a Government Agent, The Burden of Persuasion Rests Upon The Prosecution To Establish The Absence of Entrapment Beyond A Reasonable Doubt. (Notaro v. United States, 9th Cir. 1966), W. Amon Burton, Jr., Page 578.  
• Note: A Probationer Does Not Have A Constitutional Right To Counsel At Proceedings In Which Probation Is Revoked and Sentence Is Imposed. (Mempa v. Rhay, Wash. 1966), Ben H. Sheppard, Jr., Page 585.
• Note: Amendments To Habeas Corpus Act Provide For Disposition of Previously Rejected Habeas Corpus Applications, Make Prior Supreme Court Judgments Conclusive In Habeas Corpus Proceeding, And Create A Presumption That State Court Factual Determinations Are Correct. (80 Stat. 1104 (1966), amending 28 U.S.C. 2244, 2254 (1964)), James A. Ellis, Jr., Page 592.
• Book Review: Justice Without Trial By Jerome H. Skolnick, Cyril D. Robinson, Page 599.

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• Article: Telephone Regulation in Texas: Should Regulation by Cities Be Replaced by a State Commission?, Carl H. Fulda, Page 611.
• Article: Transferred Intent, William L. Prosser, Page 650.
• Article: Patent Acquisitions and the Antitrust Laws, John L. Murchison, Jr., Page 663.
• Comment: Cotton Allotments: Another "New Property", Brainerd S. Parrish, Page 734.
• Note: School Board's Policy Requiring Dismissal of Teachers From School Closed Because Of Consolidation Held Invalid Where Because of Segregation, Dismissal Affected Only Negroes. (Smith v. Board of Educ., 8th Cir. 1966), Frank E. McCrearny, III, Page 754. 
• Note: First Amendment Protection of Free Speech and Press Precludes Recovery Under Right-of-Privacy Statute for False Reports of Matters of Public Interest in the Absence of Proof of Knowing or Reckless Falsehood. (Time, Inc. v. Hill, U.S. 1967), W. Amon Burton, Jr. Page 758.
• Note: Cases Involving Royalty Payments From Gas Leases That Are Arguably Within The Jurisdiction of the Federal Power Commission Should Be Submitted To The Commission For An Initial Determination of Jurisdiction. (J. M. Huber Corp. v. Denman, 5th Cir. 1966; Weymouth v. Colorado Interstate Gas Co., 5th Cir. 1966), Phillip R. Lane, Page 765.
• Note: Section 351 Precludes Dividend Treatment or "Boot" Paid In A Section 304 Redemption of Brother Corporation Stock Even When The "Boot" Is Essentially Equivalent To A Dividend. (Hender McK. Haserot, Tax Court 1966), Thomas P. Marinis, Jr., Page 771.
• Note: A Person Committed to a Mental Hospital After Acquittal by Reason of Insanity Has A Right to Adequate Treatment That Is Cognizable In Habeas Corpus. (Rouse v. Cameron, D.C. Cir. 1966), Martha F. Alschuler, Page 777.
• Note: Economic Strikers Are Not Entitled to Subsequent Preferential Rehiring Where Job Vacancies Do Not Exist at the Time They Apply For Reinstatement Even Though Employer Intends to Resume Full Prestrike Production. (NLRB v. Fleetwood Trailer Co., 9th Cir. 1966), Douglas J. Whaley,  Page 785.
• Note: Texas Courts of Civil Appeals Express Conflicting Views on Whether Privity of Contract is Required in Suits for Personal Injuries Based on Breach of an Implied Warranty and Whether Contributory Negligence is a Valid Defense in Implied Warranty Actions. (Sales Affiliates, Inc. v. McKisson, Tex. Civ. App. 1966; Shamrock Fuel & Oil Sales Co. v. Tunk, Tex. Civ. App. 1966), W. Amon Burton, Jr., Page 790.
• Note: A Manufacturer Is Not Liable For Injuries To Persons Caused By Defectively Packaged Products That Are Being Handled in Transit Unless the Manufacturer Has Actual Knowlege of the Risk Created By The Method of Packaging. (Simpson Timber Co. v. Parks, 9th Cir. 1966), Kenneth Dale Edwards, Page 798.
• Note: Texas Probate Courts Have No Power to Authorize Inter-Vivos Gifts From An Incompetent's Estate for Tax Purposes. (In Re Guardianship of Neal, Tex. Civ. App. 1966), Frederic T. Spindel, Page 803.

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• Article: The Net Operating Loss Deduction and Related Income Tax Devices, J. Henry Wilkinson, Jr., Page 809.
• Observation: Appraisers and Appraisements Under the Texas Probate Code, Earnest E. Smith, Page 842.
• Comment: Monetary Recovery Under Federal Antitrust Statutes, Joe Bill Watkins, Page 856.
• Comment: Monetary Recovery Under the Federal Labor Statutes, George P. Parker, Jr., Page 881.
• Comment: Monetary Recovery Under the Fair Labor Standards Act, Charles H. Still, Page 921.
• Comment: Monetary Recovery Under the Copyright, Patent and Trademark Acts, Paul H. Hubbard, Page 853.
• Comment: Monetary Recovery Under Federal Transportation Statutes, Sam J. Dealey, Page 984.
• Comment: Civil Actions for Damages Under the Federal Civil Rights Statutes, John G. Niles, Page 1015.

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• Article: Dangerous Drug Legislation in the United States: Recommendations and Comments, Michael P. Rosenthal, Page 1037.
• Article: Integration of UCC Fixture Filings With The Real Estate Recordation System -- Recent Developments, Robert W. Hamilton, Page 1175.
• Observation: The Power of the House of Representatives to Judge the Qualifications of its Members, Thomas B. Curtis, Page 1199.
• Observation: The Adam Clayton Powell Case, Robert C. Eckhardt, Page 1205.
• Observation: A Suggestion For The Demise of Judicial Notice of "Judicial Facts", Warren F. Schwartz, Page 1212.
• Comment: Tax Avoidance Use of the Interest Deduction, Paul Allan Port, Page 1218.
• Note: In Wisconsin a Defendant Who Pleads Insanity May Assume the Burden of Proof and Elect to be Tried Under the Model Penal Code Test of Criminal Responsibility. (State v. Shoffner, 143 N.W.2d 458 (1966), Thomas W. Houghton, Page 1245.
• Note: A Depreciation Deduction in Allowable on Property Held For Sale as Well as Property Held for the Production of Recurring Income. (George W. Mitchell, 47 T.C. 120 (1966), John S. Matson, Page 1251.
• Note: Stock Distributed in a Spin-off May Meet the Nonrecognition Provisions of Section 355 Even Though the Distributor Immediately Merges as Planned. (Commissioner v. Morris Trust, 367 F.2d 794 (4th Cir. 1966), George A. Whittenburg, II, Page 1256.
• Note: The NLRB Will Consider Bargaining History, Integration of Duties, Quality of Past Representation, Qualifications of the Union, and Existence of a True Craft Group in Determining Whether Craft Employees Will Be Allowed to Bargain Separately From Other Employees. (Mallinckrodt Chem. Words, Uranium Div., 162 N.L.R.B. No. 48 (Dec. 28, 1966); E.I. DuPont de Nemours Co., 162 N.L.R.B. No. 49 (Dec. 28, 1966); Holmberg, Inc., 162 N.L.R.B. No. 53 (Dec. 28, 1966), Nick DeBerry, Page 1261.
• Note: Statute Authorizing Double Recovery of Usurious Interest Provides No Relief Unless Payee Derives a Direct Benefit from the Receipt and Retention of Interest. (Stacks v. East Dallas Clinic, 409 S.W.2d 842 (Tex. 1966), Hugh W. Ferguson, Page 1266.

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• Article: A Proposed Black-Letter Rule Concerning Mistaken Assumptions in Bargain Transactions, Edward H. Rabin, Page 1273.
• Article: Criminal Sanctions Under State and Federal Antitrust Laws, John J. Flynn, Page 1301.
• Comment: Apportionment of Death Taxes: A Comprehensive Survey with Proposed Statute, Thomas M. Susman and Michael J. Fourticq, Page 1348.
• Note: Federal Communications Commission Must Conduct Evidentiary Hearings Whenever a Petition to Deny License Raises Substantial Allegations That the Competitive Effect of a New Station Will Be Detrimental to the Public Interest. (Folkways Broadcasting Co. v. FCC, 375 F.2d 299 (D.C. Cir. 1967), David R. Keyes, Page 1402.
• Note: Section 7 of the Clayton Act Prohibits a Large Firm From Expanding into a Highly Concentrated, Product-Related Market By Acquiring the Dominant Firm in that Market. (FTC v. Proctor & Gamble Co., 386 U.S. 586 (1967)), James M. Turley, Page 1409.
• Note: A Claim For Damages For The Negligent Tort of a Receiver in a Chapter XI Arrangement Is Not Entitled To Priority as a Cost and Expense of Administration Under Section 64(a)(1) of the Bankruptcy Act. (In Re L.J. Knight Realty Corp., 370 F.2d 624 (3d. Cir. 1967)), John M. Young, Page 1417.
• Note: A Corporation May Solicit Shareholder Intervention to Enjoin Payment of Ultra Vires Debt in Suit Against Corporation, Provided the Shareholder is Not the Agent of the Corporation. (Intercontinental Corp. v. Moody, 411 S.W.2d 578 (Tex. Civ. App. -- Houston, 1967, writ ref'd n.r.e.), Vincent G. De Jonge, Page 1422.
• Note: Section 15a(3) of the Interstate Commerce Act Prohibits the Use of Fully Distributed Cost to Determine the Inherent Advantages of Competing Modes of Transportation. (Louisville & N.R.R. v. United States, 268 F. Supp. 71 (W.D. Ky. 1967), R. J. Geroge, Page 1429.
• Note: Employer's Unilateral Disregard of Superseniority Provision in a Terminated Contract Violates the Duty to Bargain Collectively Only if There is an Actual Frustration of Bargaining Opportunity. (NLRB v. Cone Mills Corp., 373 F.2d 595 (4th Cir. 1967), Richard J. Trabulsi, Page 1436.
• Book Review: Basic Protection for the Traffic Victim: A Blueprint for Reforming Automobile Insurance by Robert E. Keeton and Jeffrey O'Connell, Allen E. Smith, Page 1443.