Volume 47
1968-1969
Issue Number:  1 2 3 4 5 6 7

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• Article:  Sentencing, Probation, and the Rehabilitative Ideal: The View From Mempa v. Ray, Fred Cohen, Page 1.
• Article: Corporate Criminal Liability in Texas, Robert W. Hamilton, Page 60.
• Comment: Union Authorization Cards: A Reliable Basis for an NLRB Order to Bargain?, Frederic T. Spindel, Page 87.
• Comment: Fact Analysis as a Method for Resolving Conflicts Under the State Interest Approach to Choice-of-Law Problems, David R. Keyes, Page 108..
• Comment: Interpleader of Nonmaritime Claims Under Rule 14(c), Laura Ford Davidson, Page 120.
• Note: Bankruptcy -- Claims For Contributions Due Under a Nonparticipating Annuity Plan in a Collective Bargaining Agreement re Not Entitled To Priority Under The Bankruptcy Act. (Joint Indus. of the Elec. Inuds. v. United States, U.S. 1968), Douglas E. Morrison, Page 130.
• Note: Constitutional Law -- A State Legislature May Limit the Franchise for School Board Elections to Persons With A Direct Interest In School District Affairs, Without Violating The Equal Protection Clause Of The Fourteenth Amendment. (Kramer v. Union Free School Dist. No. 15, E.D.N.Y. 1968), Daniel S. Trachtenberg, Page 134.  
• Note: Constitutional Law -- Notwithstanding An Absence Of Probable Cause, A Police Officer May Stop, Question, And Pat Down An Individual Whom He Reasonably Believes To Be Engaged In Criminal Activity And Armed. (Terry v. Ohio, U.S. 1968), John A. Mackintosh, Jr., Page 138.  
• Note: Constitutional Law -- Criminal Procedure -- A Jury Instruction To Disregard A Codefendant's Out-of-Court Confession In Determining The Guilt of Defendant Is Insufficient To Cure Error Resulting From The Denial Of Defendant's Right Of Cross-Examinations. (Bruton v. United States, U.S. 1968), J. Richard Gilpin, Page 143. 
• Note: Criminal Law -- Insane Persons -- An Accused Has The Right, Upon Motion, To A Hearing On His Competence To Stand Trial Before Trial On The Merits. (Townsend v. States, Tex. Crim. App. 1968), James A. Hamilton, Page 142.
• Note: Insurance -- Cancellation Of A Medical Malpractice Policy Because The Insured Gives Judicial Testimony Adverse To The Insurer Violates Public Policy And Is A Breach Of Contract. (L'Orange v. Medical Protective Co., 6th Cir. 1968), Lawrence Austin Hammond, Page 152.  
• Note: Labor Law -- Prolonged Conversation Between Representatives Of A Party To The Election And Employees Waiting To Vote, Regardless Of The Content Of The Remarks Exchanged Is Conduct That Requires The Election To Be Set Aside. (Milchem, Inc. v. N.L.R.B. 1968), David T. Harvin, Page 158.
• Note: Securities -- Underwriters And Director-Counsel Of Issuer May Not Establish Due Diligence In Preparation Of A Securities Registration Statement By Questioning Issuer's Officers. (Escott v. BarChris Constr. Corp., S.D.N.Y. 1968), Lee C. Clyburn, Page 162. 
• Note: Trade Regulations -- Promotional Allowances May Not Be Granted To Retailers Who Purchase Directly From Manufacturers Unless Equivalent Allowances Are Made Available To Competing Retailers Who purchase Through Wholesalers. (FTC v. Fred Meyer, Inc., U.S. 1968), James B. Rylander, Jr., Page 167.
• Book Review:  The International Encyclopedia Of The Social Sciences Edited By David L. Sills, Russel J. Weintraub, Page 172.

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• Article: A Defense to the Use of the Hypothetical Case to Resolve the Causation Issue - The Need for an Expanded, Rather Than A Contracted Analysis, James A. Henderson, Jr., Page 183.
• Article: The Sale-Of-Control Premium: The Intrinsic Illegitimacy, David Cowan Bayne, Page 215.
• Comment: The Criminal Defendant's Hearsay Evidence: Time for a Change, Joe Bill Watkins, Page 250.
• Comment: Requiring Witnesses to Repeat Themselves, Thomas W. Houghton, Page 266.
• Comment: State-Federal Economic Regulation of Commercial Aviation, Ben H. Sheppard, Jr., Page 275.
• Comment: Employee Picketing and Section 8(b)(7)(B), Lawrence H. Clore, Page 294.
• Comment: Nonassenting Secured Creditors to Chapter XIII Wage Earner Plans, James H. Johnson, Page 302.
• Comment: "Farm Products" Under the UCC - Is A Special Classification Desirable, A. W. Sorelle III, Page 309.
• Note: Section 414 of the Federal Aviation Act Automatically Extends Antitrust Immunity to a CAB Approved Merger Between an Air Carrier and a Company Outside the Air Transportation Industry. (Butler Aviation Co. v. CAB, 389 F.2d 517 (2d Cir. 1968)), Clinton S. Morse, Page 316.
• Note: The In Pari Delicto Doctrine Is Not A Defense to a Private Antitrust Action if the Parties Are Not Equally Responsible for the Violation. (Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134 (1968)), Tim Carssow, Page 322.
• Note: Denial of Recovery for Wrongful death Based Solely on Illegitimacy of Either Claimant or Decedent is a Violation of Equal Protection of the Laws. (Levy v. Louisiana, 391 U.S. 68 (1968); Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73 (1968)), Gareth W. Cook, Page 326.
• Note: The Confrontation Clause of the Sixth Amendment Requires State Authorities to Make A Good-Faith Effort To Produce Out of State Witnesses At Trial. (Barber v. Page, 390 U.S. 719 (1968)), Cleave Buchanan, Page 331.
• Note: An Operating Employee's Membership in a Standard Union Prevents the Bargaining Agent for his Craft From Using a Union Shop Agreement to Compel his Joining the Agent . (O'Connell v. Erie Lackawanna R.R., 391 F.2d 156 (2d Cir. 1968), cert granted sub nom. Brotherhood of R. R. Trainmen v. O'Connell, 89 S.Ct. 100 (1968)), S. I. Betzer, Jr.,  Page 339.
• Note: A Compulsory Counterclaim Filed Prior to Settlement of Plaintiff's Claim May Be Severed, and A Settlement Agreement Expressly Disclaiming Defendant's Liability Is Not Admissible In Evidence For The Purpose of Barring The Counterclaim. (McGuire v. Commercial Union Ins. Co., 431 S.W.2d 347 (Tex. 1968)), W. Robert Dyer, Jr., Page 344.
• Note: An Employee of a General Contractor is Not an Invitee on a Subcontractor's Scaffold When The Employee's Presence on the Scaffold Does Not Benefit the Subcontractor. (Olivier v. Snowden, 426 S.W.2d 545 (Tex. 1968)), Edwin K. Nolan, Page 353.

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• Article: Inheritance of Community Property in Texas -- A Need For Reform, William W. Gibson, Jr., Page 359.
• Article: Some Observations and Suggestions Concerning a Misnomer -- "Protected" Concerted Activities, George Schatzki, Page 378.
• Comment: The Tax Bargain in Executive Compensation, William M. Linden, Page 405.
• Comment: Governmental Regulation of Foreign Investment, Daniel R. Young, Page 421.
• Comment: Small Claims Courts in Texas: Paradise Lost, Bernard M. Stoller, Page 448.
• Comment: Home Improvement Frauds and the Texas Consumer Credit Code, Clifford W. Youngblood, Page 463.
• Note: Wholesale Rural Cooperatives Have An Implied Exemption From The Antitrust Laws in Making Contracts With Their Retail Affiliates Pursuant To Loans From The Rural Electrification Administration. (Alabama Power Co. v. Alabama Elec. Cooperative, Inc., 394 F.2d 672 (5th Cir.), cert. denied, 89 S. Ct. 488 (1968)), Theodore F. Weiss, Jr., Page 478.
• Note: Acquisition of Local Distribution Facilities by an Interstate Electric Utility Does Not Require FPC Approval Under the Federal Power Act. (Duke Power Co. v. FPC, 401 F.2d 930 (D.C. Cir. 1968)), James A. Armogida, Page 484.
• Note: A Section 1341 Deduction for Income That a Taxpayer Is Required To Refund to Customers Will Not Be Reduced by the Amount of Depletion Deductions Taken in the Years the Income Was Reported. (Shelly Oil Co. v. United States, 392 F.2d 128 (10th Cir. 1968), cert. granted, 393 U.S. 820 (1968)), Samuel A. Simon, Page 489.
• Note: A Community Oil and Gas Lease May Survive a Partition of Surface Interests If the Partition Is Expressly Made Subject to the Lease. (Howell v. Union Prod. Co., 392 F.2d 95 (5th Cir. 1968)), L. P. McKee Whittenburg, Page 495.
• Note: Nonresident Plaintiffs Attending Trial in Texas Are Not Immune From Service of Civil Process in Another Suit Filed in the State. (Oates v. Blackburn, 430 S.W.2d 400 (Tex. Civ. App. -- Houston [14th Dist.] 1968. writ ref'd n.r.e.)), Don W. Baker, Page 499.
• Note: A System of Cumulative Quantity Discounts in Governed Exclusively by the SEC and Is Immune From Attack Under the Robinson-Patman Act. (Baum v. Investors Diversified Serv., Inc., 286 F. Supp. 914 (N.D. Ill. 1968)), Forrest W. Brown, Jr., Page 504.
• Note: Rule 10b-5 Is Violated Whenever an Insider Purchases Stock Without Disclosing Information That Would Affect the Judgment of a Reasonable Investor. (SEC v. Texas Gulf Sulphur Co., 401 F.2d 833 (2d Cir. 1968)), Platt W. Davis III, Page 509.
• Note: A Mother Witnessing the Negligent Injury of Her Child May Recover for Her Emotional Distress Even Though She Was in No Personal Danger. (Dillon v. Legg, 68 Cal. 2d 728, 441 P.2d 912, 69 Cal. Rptr. 72 (1968)), J. Donald Bowen, Page 518.
• Note: An Employer is Vicariously Liable to the Estate of an Employee's Deceased Child for Injuries Caused by the Negligence of the Employee Acting in the Course of His Employment. (Littleton v. Jordan, 428 S.W.2d 472 (Tex. Civ. App. -- Texarkana 1968, writ ref'd)), Max Hendrick III, Page 522.
• Book Review: Democratic Representation: Reapportionment n Law and Politics by Robert G. Dixon, Jr., Arval A. Morris, Page 529.

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• Article: Revocable Trusts and Community Property: The Substantive Problems, Stanley M. Johanson, Page 537.
• Article: Claims Settlement for Air Force Noncombat Plane Crashes, Cornelius P. Cotter, Page 593.
• Observation: The Advocate and the Administration of Justice in an Urban Society, Earl Warren, Page 615.
• Comment: The Cost of Lifting Minerals Dedicated to Outstanding Production Payments in ABC Transactions: An Expense?, Ana Marie Navar, Page 624.
• Comment: Municipal Liability for a Policy of Permitting Riot Damage, Roger H. Broach, Page 633.
• Comment: Actions Against Prosecutors Who Suppress or Falsify Evidence, Edwin H. Auler, Page 642.
• Comment: The Texas Bar Examination System Fails The Test, Carolyn Cox Stitt, Page 649.
• Comment: The Lease Allowable System: New Method of Regulating Oil Production in Texas, John Blazier, Page 658.
• Comment: The Sweatt Case And The Development Of Legal Education For Negroes In Texas, Douglas L. Jones, Page 677.
• Note: A Tort Consummated Upon Navigable Waters Must Have A Maritime Connection In Order To Be Within Admiralty Jurisdiction. (Smith v. Guerrant, 290 F. Supp. 111 (S.D. Tex. 1968)), Stephen M. Hackerman, Page 694.
• Note: The Sherman Act Prohibits Conspiracies Restraining Competition in the Shipping of United States Foreign Aid Goods Even When Exclusively Between Foreign Ports. (Pacific Seafarers, Inc. v. Pacific Far East Line, Inc., No. 21,173 (D.C. Cir. Sept 30, 1968)), Tim Carssow, Page 699.
• Note: A Domestic Bank May Not Refuse to Comply With a Subpoena Requiring the Submission of Documents in the Possession of a Foreign Branch on the Ground That Compliance Would Subject It to Civil Liability Under The Law of  the Foreign State. (United States v. First Nat'l City Bank, 396 F.2d 897 (2d Cir. 1968)), M. Lawrence Hicks, Jr., Page 703.
• Note: A School Board That Offers a Freedom of Choice Plan to All Students Is Not Obligated To Consider Residential Racial Patterns As A Relevant Factor in Selection of School Sites. (Broussard v. Houston Indep. School Dist., 395 F.2d 817, rehearing denied, 403 F.2d 34 (5th Cir. 1968)), J. Donald Bowen, Page 707.
• Note: Conviction Under a Federal Statute for Threatening the Life of the President Does Not Violate the First Amendment Freedom of Expression, Even Though the Maker of the Threat Did Not Intend to Execute It. (Watts v. United States, 402 F.2d 676 (D.C. Cir. 1968)), Theodore F. Weiss, Page 712.
• Note: When a Beauty Parlor Operator Selects, Supplies, and Administers a Permanent Wave Solution, There Is An Implied Warranty That the Product is Reasonably Fit For Its Intended Use. (Newmakr v. Gimbel's, Inc., 102 N.J. Super. 279, 246 A.2d 11 (Super Ct., App. Div. 1968)), David T. Harvin, Page 716.
• Book Review: The Relevance of International Adjudication by Milton Katz, William G. Rice, Page 724.
• Book Review: The Warren Court by Archibald Cox, Gordon Gooch, Page 729.

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• Article: The Property Right of Access Versus the Power of Eminent Domain, William B. Stoebuck, Page 733.
• Article: Habitual Residence and Nationality as Tests at the Hague: The 1968 Convention on Recognition of Divorces, Kurt H. Nadelmannt, Page 766.
• Article: State of Inhabitancy of Presidential and Vice-Presidential Candidates and the Electoral College Vote, Thomas Michael Susman, Page 779.
• Observation: Conflicting Principles in English and American Law, A. L. Goodhart, Page 793.
• Observation: Current Problems -- Administrative Government in Texas, Page 808.

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• Symposium Issue

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• Article:  Revocable Trusts, Widow's Election Wills, and Community Property: The Tax Problems, Stanley M. Johanson, Page 1247.
• Orgain Lecture: The Law Must Respond the the Environment, Leon Green, Page 1327.
• Observation: A Reply to the Defense of the Use of the Hypothetical Test to Resolve the Causation Issue, E. Wayne Thode, Page 1344.
• Observation: A Plea For Amelioration of the Marihuana Laws, Michael P. Rosenthal, Page 1359.
• Observation: Stare Decisis and the Pooling of Nonexecutive Interests in Oil and Gas: A Reply, Raymond M. Myers, Page 1379.
• Comment: Latest Developments in the Tax Treatment of Private Annuity Transactions, William E. Johnson, III, Page 1395.
• Comment: The Application of Section 16(b) to Mergers: A Hidden Hazard, Roger J. George, Jr., Page 1417.
• Comment: Failing Company Doctrine: Recent Developments, Richard M. Dooley, Page 1437.
• Note: Antitrust Laws -- When A Not Insubstantial Portion of Interstate Commerce Is Affected, The Conditioning of Uniquely Advantageous Financing Terms Upon the Purchase of Prefabricated Houses Raises A Jury Question on the Issue of An Illegal Tying Arrangement. (Fortner Enterprises, Inc. v. United States Steel Corp., U.S. 1969), J. David Trotter, Page 1449.
• Note: Constitutional Law -- Civil Rights -- City Charter Amendment That Makes Passage of Open Housing Ordinances By The City Council Ineffective Until Approved By A City-Wide Election Constitutes Denial of Equal Protection. (Hunter v. Erickson, U.S. 1969), Garey B. Spradley, Page 1454.
• Note: Eminent Domain -- A Surface Condemnor's Obligations to Provide A Condemnee Access To His Retanied Mineral Interest By Furnishing Drilling Mounds, Dikes, and A Barge Are Unilateral Promises That Cannot Be Considered By A Jury Assessing Damages To The Condemnee's Mineral Estate. (Wilcockson v. Colorado River Municipal Water Dist., Tex. Civ. App. 1968), Edwin K. Nolan, Page 1458.
• Note: Products Liability -- An Automobile Manufacturer Is Strictly Liable to Nonusers and Nonconsumers Injured As A Result of a Defect In His Product. (Darryl v. Ford Motor Co., Tex. 1969), Joe David Stanford, Page 1462.
• Book Review: The Organization of Judicial Power in the United States By Carl McGowan, Charles Alan Wright, Page 1466.
• Book Review: The Configurations of Gross Income By Joseph T. Sneed, Robert J. Piro, Page 1471.