Volume 46
1967-1968
Issue Number:  1 2 3 4 5 6 7

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• Article:  Preferential Purchase Rights in Oil and Gas Instruments, Harry M. Reasoner, Page 57.
• Comment:  Bank Mergers: A New Standard of Evaluation?, John S. Watson, Page 81.
• Note: Federal Jurisdiction -- Removal of Causes -- Lack of Diversity Between Plaintiff and a Subcontractor Defendant Does Not Defeat Removal Under Section 1441(c) Where Claims Against the General Contractor and Each Subcontractor are Based on Separate Contractual Duties (Climax Chemical Co. v. C.F. Brown & Co., 10th Cir. 1966), James R. Patterson, Page 102.
• Note:  Income Tax --  An Allocation of a Specific Amount to a Covenant Not To Compete is Binding Upon the Covenantor for Tax Purposes Unless He Can Prove Fraud, Duress, Mistake, or Undue Influence, Even Though There Is A Strong Proof That the Allocation Does Not Reflect the Substance of the Agreement (Commissioner v. Danielson, 3d. Cir. 1967), James M. Turley, Page 108.
• Note:  Insurance -- Damages -- An Insured is Entitled to Damages for Mental Suffering Caused By An Insurer's Wrongful Rejection of a Reasonable Settlement Within the Limits of the Insurance Policy (Crisci v. Security Ins. Co., Cal. 1967), Vincent G. De Jonge, Page 113.
• Note:  Limitation of Actions -- Torts -- Professional Negligence -- Cause of Action Against Physicians Accrued When Patient Learns or Should Learn of Foreign Object Negligently Left in His Body (Gaddis v. Smith, Tex. 1967) Cause of Action Against Accountant for Negligently Preparing Income Tax Return Accrues When Tax Deficiency is Assessed (Atkins v. Crosland, Tex. 1967), William B. Honey, Page 119.
• Note:  Oil and Gas -- A Standard Water Clause in an Oil and Gas Lease Does Not Give a Lessee The Right to Use Underground Fresh Water for Secondary Recovery Operations Unless THis Use was Within the Intention of the Parties When the Lease was Executed (Sun Oil Co. v. Whitaker, Tex. Civ. App. 1967), William M. Linden, Page 125.
• Note:  Securities Regulation -- Section 16(b) of the Securities Exchange Act of 1934 Does Not Apply to the Owner of Ten Percent of a Class of Convertible Debentures Unless He Also Potentially Owns Ten Percent of the Underlying Conversion Security. (Chemical Fund, Inc. v. Xerox Corp., 2d Cir. 1967), Michael M. Greenfield, Page 131.
• Book Review:  Water Law Bibliography 1847-1965 by Myron Jacobstein & Roy Mersky, Willis H. Ellis, Page 138.

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• Article:  Counter-Revolution or Alliance for Progress? Reflections on Reading Cavers, The Choice-of-Law Process, Hans W. Baade, Page 141.
• Article: Governmental Refilling of Lakes and Ponds and the Artificial Maintenance of Water Levels: Must Just Compensation be Paid to Abutting Landowners?, Robert E. Beck, Page 180.
• Comment:  Discovery of the Names of Witnesses and Potential Parties A Critique of the Texas Rules of Civil Procedure, W. Amon Burton, Jr. & David Patterson Smith, Page 214.
• Comment:  Texas Welfare Appeals: The Hidden Right, Alexander W. Bell & G. Todd Norvell, Page 223.
• Note: Administrative Law -- The Civil, Aeronautics Board Can Consider Only Contribution to National Defense, Competition, and Reduced Cost in Determining Whether the Circumstances And Conditions of Service are Sufficiently Dissimilar to Justify a Discriminatory Tariff. (Transcontinental Bus System, Inc. v. CAB, 5th Cir. 1967), Richard M. Dooley, Page 254.
• Note:  Arbitration -- Under the Federal Arbitration Act in a Diversity Suit an Allegation of Fraudulent Inducement to a Contract Involving Interstate Commerce will not Prevent Enforcement of a Broad Arbitration Clause in the Contract. (Prima Paint Corp. v. Flook & Conklin Mfg. Co., U.S. 1967), Roger H. Broach, Page 260.
• Note:  Constitutional Law -- In Order to Eliminate the Effects of Past Segregation Policies, School Boards are Under an Affirmative Duty to Achieve Substantial Integration in Formerly De Jure Segregated School Systems. (United States v. Jefferson County Bd. of Educ., 5th Cir. 1966), Frederic T. Spindel, Page 266.
• Note:  Constitutional Law -- Miranda Safeguards Are Inapplicable to Interstate Extradition Proceedings or Habeas Corpus Hearings Instituted to Contest the Legality of Detention for Extradition. (United States ex. rel. Vitiello v. Flood, 2d. Cir. 1967), Phillip Kent Maxwell , Page 274.
• Note:  Criminal Law -- Venue -- The Presumption That a Forged Instrument is Altered in the Jurisdiction Where Passed is Insufficient to Establish Venue When the Accused Did Not Pass The Instrument. (Serio v. United States, D.C. Cir. 1967), A. W. SoRelle, III, Page 279. 
• Note:  Labor Relations - Union Contracts and Work Stoppages Designed to Preserve Job Opportunities By Excluding Prefabricated Materials From Construction Sites Are Not Prohibited by Section 8(e) or Section 8(b)(4)(B) of The National Labor Relations Act. (National Woodwork Mfrs. Ass'n v. NLRB, U.S. 1967), R. J. George, Jr. , Page 283.
• Note:  Oil And Gas -- Price Received by The Lessor Under a Long-Term Gas-Sales Contract Does Not Determine "Market Price" Within the Meaning of the Lease Royalty Provision. (Texas Oil & Gas Corp. v. Vela, Tex. Civ. App. 1966), David Patterson Smith, Page 291.
• Book Review:  Texas Cases And Materials on the Law of Marital Property Rights by William O. Huie, Joseph W. McKnight, Page 297.
• Book Review: When Americans Complain and Ombudsmen And Others, by Walter Gellhorn, Nicholas Johnson, Page 305.

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• Article: Combining Divisive and Amalgamating Reorganizations -- Section 355 Fails Again, Joe Scott Morris, Page 315.
• Comment: Corporate Liquidations Under Section 337: Some Remaining Tax-Trap and Tax-Avoidance Problems, James M. Turley, Page 346.
• Comment: A Suggestion For The Prevention of No-Clear-Majority Judicial Decisions, Douglas J. Whaley, Page 370.
• Note: Since Fictional Characters Fall Within The Scope of Congressional Power Over Copyrights, Federal Policy Prohibits States From Protecting Published Characters That The Copyright Act Has Left In The Public Domain. (Columbia Broadcasting System, Inc. v. DeCosta, 1st Cir. 1967), Donald J. Weidner, Page 379.
• Note: Pennsylvania's Security-For-Expenses Statute Does Not Apply To Shareholder Who Maintains Claim Against Corporation For Counsel Fees After Complaint In Derivative Suit IS Dismissed As Moot. (Levine v. Bradlee, 3rd Cir. 1967), James L. Leader, Page 379.
• Note: A Contractual Obligation For Support After Divorce Executed By The Parties And Approved By The Court Is Not Permanent Alimony. (Francis v. Francis, Tex. 1967), Daryl B. Crown, Page 391.
• Note: NLRB Orders Employer To Furnish Union With List Of Employees' Names And Addresses To Remedy Employer's Widespread And Flagrant Unfair Labor Practices That Hinder The Union's Organizational Campaign. (J.P. Stevens & Co., N.L.R.B., 1967), Henry S. Zangwill, Page 397.
• Note: An Option To Acquire A Working Interest Is Unauthorized Consideration For The Leasing of An Oil and Gas Interest in Land Subject To The Relinquishment Act. (State v. Standard, Tex. 1967), William H. Young, Page 403.
• Note: Prior User and Prior Registrant of similar Trademarks Are Entitled to Registration Only for Their Geographic Areas of Actual Use. (Coastal Chemical Co. v. Dust-A-Way, Inc., W.D. Tenn. 1967), Michail Greenfield, Page 407.
• Book Review: Privacy And Freedom By Alan F. Westin, Dan Nimmo, Page 413.
• Book Review: Morality And The Law By Samuel E. Stmptf, Edmund L. Pincoffs, Page 419.

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• Article: The Indefensible Use of the Hypothetical Case To Determine Cause in Fact, E. Wayne Thode, Page 423.
• Article: Some Qualifications on Everyman's Right To Use His Own Name In Business, James M. Treece, Page 436.
• Article: Suretyship In The Uniform Commercial Code, Barkely Clark, Page 453.
• Observation: An Internship Seminar For Law Students: A Test of Theory, a Critique of Practice, Marshall S. Shapo, Page 479.
• Comments: The Impact of the Schwinn Case on Territorial Restrictions, Frank F. Smith, Jr., Page 497.
• Comment: The Scope of Judicial Relief Under Title VII of the Civil Rights Act of 1964, Stuart A. Morse, Page 516.
• Note: A Federal Court Has Jurisdiction To Determine Whether An Alleged Conspiracy of Real Estate Brokers That Prevents Negroes From Owning Property In White Neighborhoods Violates Section 1 of the Sherman Act. (Bratcher v. Akron Area Bd. of Realtors, 6th Cir. 1967), Laura Ford Davidson, Page 532.
• Note: Due Process Clause of the Fourteenth Amendment Does Not Require Counsel At School Guidance Conference. (Madera v. Board of Educ., 2d Cir. 1967), Wayne McCormack, Page 540.
• Note: The Equal Protection Clause of the Fourteenth Amendment Does Not Require A State To Apportion Its Judicial System According to Population. (New York State Ass'n of Trial Lawyers v. Rockefeller, S.D.N.Y. 1967), Rod Surratt, Page 546.
• Note: Rule 16(a)(1) of the Federal Rules of Criminal Procedure Does Not Authorize Discovery As A Matter of Right, But Grants Discretionary Power to the District Court to Permit Defendant to Inspect His Prior Statements Upon A Showing of Good Cause. (United States v. Louis Carreau, Inc., S.D.N.Y. 1967), Daryl B. Crown, Page 552.
• Note:  Taxpayers Lack Standing To Challenge Federal Government Expenditures To Church Operated Schools. (Flast v. Gardner, S.D.N.Y. 1967), Michael J. Whitten, Page 559.
• Note: Prisoner Has No Right to the Assistance of a Jailhouse Lawyer in the Preparation of a Federal Habeas Corpus Petition. (Johnson v. Avery, 6th Cir. 1967), William Honey, Page 566.
• Note: A Selective Service Board Must Have Evidence to Support the Denial of a Claimed Exemption. (In Re Kanas, 2d Cir. 1967), Clifford W. Youngblood, Page 571.
• Note: Unions Are Not Compelled by the Railway Labor Act to Accept National Bargaining on the "Crew-Consist" Issue, Although National Handling May Be Obligatory Under The Act For Other Issues. (Brotherhood of Railroad Trainmen v. Atlantic Coast Line R.R., D.C. Cir. 1967), Carolyn Cox Stitt, Page 576.
• Note: A Judicial Order Increasing An Inadequate Award With Defendant's Consent Does Not Deprive Plaintiff of the Right to Trial by Jury. (Jehl v. Sourthern Pac. Co., Cal. 1967), James R. Patterson, Page 581.
• Note: Producing Oil Well Completed on Gas Unit Beyond Lease Boundary is Neither Production to Extend Lease Under Continuous Operations Clause Nor Dry Hole to Extend Lease Under Cessation Clause. (Sunac Petroleum Corp. v. Parker, Tex. 1967), R. Joe Hull, Page 586.
• Note: Situs for Ad Velorem Taxes on the Rolling Stock of A Foreign Motorbus Corporation is the Municipality Where its Principal Place of Business Within the State is Located. (Greyhound Lines, Inc. v. Board of Equalization, Tex. 1967), Richard M. Dooley, Page 591.
• Book Review: Lawyers and Their Work by Quinton Jonstone & Dan Hopson, Jr.: The American Viewpoint, by Donald T. Weckstein, Page 596.
• Book Review: Lawyers and Their Word by Quinton Jonstone & Dan Hopson, Jr.: The British Viewpoint, by Leslie Scarman, Page 607.

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• Article: Privacy, Tort Law, and the Constitution: Is Warren and Brandeis' Tort Petty and Unconstitutional As Well?, Edward J. Bloustein, Page 611.
• Article: Defamation, Privacy, and the Public's Right to Know: A National Problem and a New Approach, J. Skelly Wright, Page 630.
• Article: Media Injuries to Personalty: An Essay on Legal Regulation of Public Communication, Marshall S. Shapo, Page 650.
• Article: Free Speech, Supreme-Court Style: A View From Overseas, Peter Brett, Page 668.
• Article: Problems in Planning Estates With Life Insurance: A Guide For The Practitioner, Denny O. Ingram, Jr., Page 706.
• Observation: Criminal Justice in America, Tom C. Clark, Page 742.
• Observation: Continuing the Privacy Discussion: A Response to Judge Wright and President Bloustein, Leon Green, Page 750.
• Comment: Employee Reimbursement for an Employer's REfusal to Bargain: The Ex-Cell-O Doctrine, George P. Parker, Jr., Page 758.
• Note: Price Fixing and Allocation of Business By An Export Trade Association in Connection With Sale Made Under United states Foreign Aid Program are Within the Webb-Pomerene Act Antitrust Exemptions. (United States v. Concentrated Phosphate Export Ass'n, S.D.N.Y. 1967), Daniel R. Young, Page 785.
• Note: The Fourth Amendment Does Not Require Exclusion of Evidence Seized By Mexican Police Officers Without A Search Warrant or Probable Cause. (Brulay v. United States, 9th Cir. 1967), Michael J. Whitten, Page 791.
• Note: The Sixth Amendment Guarantee of Compulsory Process is Violated By A State Statute That Bars A Co-Participant in A Crime From Testifying on Behalf of Another Defendant. (Washington v. Texas, U.S. 1987), Bernard M. Stoller, Page 795. 
• Note: A Prison Practice Resulting in Racial Segregation is Permissible When It Promotes the Harmony, Security, and Compatibility of Prisoners. (Toles v. Katzenbach, 9th Cir. 1967), Grace Dana Runge, Page 800.  
• Note: A Defendant in a Tort Action for Compensatory Damages Cannot Be Required to Disclose His Financial Resources in a Pretrial Discovery Proceeding. (Doak v. Superior Ct., Cal. App. 1968), Edwin Huge Auler, Page 805.
• Note: Automobile Dealers Franchise Act Allows Dealer to Withdraw From the Franchise and to Recover for Loss of Future Profits by Showing that His Withdrawal was Coerced By Manufacturer. (American Motor Sales Corp. v. Semke, 10th Cir. 1967), H. Lee Godfrey, Page 809.
• Book Review: Securities Law -- Fraud -- SEC Rule 10b-5 by Alan R. Bromberg, Robert W. Hamilton, Page 815.

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• Article: Interlocks in Corporate Management and the Antitrust Laws, Arthur H. Travers, Jr., Page 819.
• Article: The Name of the Game Is Decision -- Some Reflections on "Arbitrability" and "Authority" in Labor Arbitration, Edgar A. Jones, Jr., Page 865.
• Article: The Debate Among American International Lawyers About the Vietnam War, David W. Robertson, Page 898.
• Comment: Regulation of Contested Cash Tender Offers, Michael M. Greenfield, Page 915.
• Comment: Housing of Migrant Agricultural Workers, Richard R. Brann, Page 933.
• Comment: Recovery for Creditor Harassment, Paul H. Hubbard, Page 950.
• Comment: The "Open Saloon" Prohibition: A Constitutional Dilemma for the Texas Courts, O. Theodore Dinkins, Jr., Page 967.
• Note: The Fourth Amendment's Protection Against Unreasonable Searches and Seizures Applies to the Gathering of Evidence by Means of Electronic Eavesdropping Devices Regardless of Whether a Physical Trespass is Committed. (Katz v. United States, U.S. 1967), Rod Surratt, Page 973.
• Note: An Assignee Cannot Invoke Federal Diversity Jurisdictions if the Assignment, Although Valid Under State Law, Fails to Divest the Assignor of his Interest in the Lawsuit. (Caribbean Mills, Inc. v. Kramer, 5th Cir. 1968), Simeon T. Lake, III, Page 979.
• Note:  A Suit Against the Export-Import Bank and Codefendants is Not Removable in the Absence of a Clear Showing of a Federal Question Involving the Codefendants Even Though the Bank Could Remove The Suit if it Had Been Sued Alone. (Lance Int'l, Inc. v. Aetna Cas. & Sur. Co., S.D.N.Y. 1967), William H. Young, Page 983.
• Note: Publication of a Book on Estate Planning with Blank Forms for Wills and Trusts Providing Only General Legal Information is Not Unauthorized Practice of Law. (New York County Lawyers' Ass'n v. Dacey, N.Y. 1967), Roger H. Broach, Page 989.
• Note: A Nonprofit Testing Company Cannot Assert Lack of Privity to Escape Liability for Negligently Approving A Defectively Designed Product. (Hempstead v. General Fire Extinguisher Corp., D. Del. 1967), G. Todd Norvell, Page 995. 
• Note: A Corporation That Makes A Tender Offer For The Stock of a Second Corporation Without Disclosing The Actual Value of the Second Corporation Is Not Liable Under Rule 10b-5 to Subsequent Purchasers of Stock of the Second Corporation. (Mutual Shares Corp. v. Genesco, Inc., 2d Cir. 1967), David R. Keyes, Page 999.
• Note: A Physician Who Negligently Failed to Inform Parents That Their Child Was Likely to be Born Deformed is Not Liable In A Personal Injury Suit Brought By The Deformed Child or His Parents. (Gleitman v. Cosgrove, N.J. 1967), Henry S. Zangwill, Page 1004.
• Book Review: Private International Law By Albert A. Ehrenzweig, Russell J. Weintraub, Page 1000.

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• Article: Stare Decisis and the Pooling of Nonexecutive Interests in Oil and Gas, Howard R. Williams, Page 1013.
• Article: The Justiciability of Legal Objections to the American Military Effort in Vietnam, Warren F. Schwartz & Wayne McCormack, Page 1033.
• Article: Condemnation of Water Rights, Corwin W. Johnson, Page 1054.
• Article: Current Problems -- Television Service and the FCC, Page 1100.