Volume 48
1970 -1971
Issue Number:  1 2 3 4 5 6 7

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• Article: Products Liability - Inadequacy of Information, W. Page Keeton, Page. 398.
• Comment: Threshold Prerequisites to Securities Fraud Class Actions, James L. Leader, Page 417.
• Comment: Common Ownership of Rail and Motor Carriers: The Case Against the Railroads, Carol Cox Stitt, Page 460.
• Note: Jones Act Applies to Allow Recovery by Greek Seamen Injured in a United States Port on Greek-Flag Vessel Owned and Controlled by United States Domiciliaries Hellenic Lines, Ltd. v. Rhoditis, Page 480.
• Note: A Vessel Is Rendered Unseaworthy By The Negligence of an Independent Contractor When A Sufficient Period of Time Has Passed Between the Negligence and the Injury, Page 484.
• Note: In A Civil Action for Damages, a Pilot's Negligence Is Not Imputed to the Owner and Lessor of the Aircraft by theFederal Aviation Act.  Rosdail v. Western Aviation, Inc, Page 488.
• Note: A Criminal Statutory Presumption Violates Due Process of Law Unless the Presumed Fact is More Likely Than Not to Flow From the Proven Fact on Which It Is Made to Depend.  Leary v. United States, Page 493.
• Note: Under Federal Rules of Criminal Procedure 16(a) and (b), a Corporate Defendant May Discover the Grand Jury Testimony of All Present and Former Officers and Employees Concerning Activities Carried on Within the Scope of Their Employment as well as Grand Jury Documents, Including Transcripts, Material to Its Defense.  United States v. Hughes, Page 501.
• Note: The Federal Aviation Anti-Injunction Statute Does Not Bar Injunctive Relief Under the Civil Rights Act of 1871 When Bad Faith Use of State Proceedings Threatens Irreparable Injury to the Right of Free Expression.  Sheridan v. Garrison, Page 506.
• Note: Labor-Management Reporting and Disclosure Act of 1959 - Attorneys Engaging in Persuader Activities Must Report Receipts and Disbursements From All Labor Relations Advice and Services.  Price v. Wirtz, Page 512.
• Note:  A State May Not Enjoin a Union's Peaceful Picketing of a Common Worksite When the Parties to a "Major" Dispute Have Unsuccessfully Exhausted All Conciliatory Procedures Required by the Railway Labor Act.  Brotherhood of R.R. Trainmen v. Jacksonville, Page 518.
• Book Review: Texas Practice: The Texas Law of Wills.  By Edward W. Bailey, Gibson Gayle, Jr., Page 524.

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• Article: Federal Injunctive Relief Against State Court Proceedings: The Significance of Dombrowski, Frank L. Maraist, Page 535.
• Observation: A Requiem for the Warren Court, Vince Blasi, Page 608.
• Comment: Public Employee Bargaining Rights - A Proposal for Texas, Schuyler B. Marshall, Page 625.
• Comment: Stanley v. Georgia: New Directions in Obscenity Regulation?, Richard A. Karre, Page 646.
• Comment: Indemnification of Directors for Section 11 Liability, Wayne McCormack, Page 661.
• Note: The Outer Continental Shelf Lands is the Exclusive Method of Recovery for Deaths of Nonmaritine Workers on Artificial Drilling Rigs.  Rodrigue v. Aetna Cas. & Sur. Co, Page 680.
• Note: Autonomous Competing Sales Divisions of a Single Corporation Are Incapable of Conspiring to Restrain Trade in Violation of Section 1 of the Sherman Act.  Joseph E. Seagram & Sons, Inc. v. Hawaiian Oke & Liquors, Ltd., Page 685.
• Note: The Robinson-Patman Act Permits Recovery Based on the Amount of Discrimination in Price Between Business Competitors Without Proof of the Actual Injury to Business or Property.  Fowler Mfg. Co. v. Gorlick, Page 690.
• Note: The Standard of Sufficiency of Evidence to Create a Jury Question in FELA Cases is Peculiar to That Type of Case, and a Reasonable Man Standard is Applicable in Non-FELA Jury Trials.  Boeing Co. v. Shipman, Page 695.
• Note: Punitive Damages Held Not Available in an Action for Violation of Section 17(a) of the Securities Act of 1933.  Underwriter's Indemnification Agreement is Unenforceable When Underwriter Has Actual Knowledge of an Omission or Misstatement in an Offering Circular.  Glabus v. Law Research Serv., Inc., Page 701.
• Note: An Amendment to the Texas Warehousing Act Precludes Liability of Cotton Brokers and Buyers for Conversion Subsequent to the Issuance of Negotiable Warehouse Receipts and Relieves Cotton Compresses of the Duty to Note Liens on the Receipts, Page 706.
• Note: A Loan Can Be Usurious Even Though the Lender Has No Intent To Charge Interest Above the Statutory Maximum.  Terry v. Teachworth, Page 711.

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• Article: Divorce and Taxes - Texas Style, Edward W. Turley, Jr., Page 721.
• Lecture: Access - The Only Choice for the Media?, Jerome A. Barron, Page 766.
• Lecture: Rights of Access to Mass Media - Government Obligation to Enforce First Amendment?, Clifton Daniel, Page 783.
• Comment: Divestiture in Light of the El Paso Experience, Michael C. O'Connor, Page 792.
• Comment: Potential Reciprocity and Section 7 of the Clayton Act: Conglomerate Mergers Under Antitrust Attack, Don W. Baker, Page 810.
• Note: Doctrine of Cy Pres-Deviation Used to Eliminate Racial Restriction in a Scholarship Trust Fund.  Bank of Delaware v. Buckson, Page 827.
• Note: Under Implied Consent Statutes a Driver Suspected of Being Intoxicated Has the Right to Consult with Counsel Before Deciding to Submit to Chemical Tests.  Virginia Islands v. Quinones, Page 831.
• Note: A Manufacturer's Gross Income Includes a Portion of Unconditional Advance Payments Received During the Year for Incomplete or Undelivered Goods.  Hagen Advertising Displays, Inc., Page 836.
• Note: Clear Proof of a Conspiracy in Violation of the Sherman Act is Necessary to Satisfy the Standard of Proof Required by Section 6 of the Norris-LaGuardia Act.  Ramsey v. United Mine Workers, Page 840.
• Note: The Duty of Deputy Sheriff to Arrest Motorists Driving in Violation of the Law is Owed to the General Public and Not to Persons Killed in a Collision with the Violators.  Massengill v. Yuma County, Page 845.
• Note: The Texas Anatomical Gift Act Provides a Legal Mechanism for the Donation of Bodily Organs to Medical Research and Therapy, Page 852.
• Book Review: Sales and Secured Transactions: Problems and Materials, by Robert J. Nordstrom & Norman D. Lattin (1968), Donald E. Clifford, Jr. and Richard M. Smith, Page 862.

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• Article: Common Ownership of Rail and Motor Carriers: The Case for the Railroads, Carl Helmetag, Jr., Page 889.
• Comment: The Contractual Will: Invitation to Litigation and Excess Taxation, Gareth W. Cook, Page 909.
• Comment: The Application of Texas Usury Laws to Equity Participation Agreements, Stephen M. Hackerman, Page 925.
• Note: A Law That Allows an Abortion Only When "Necessary to Preserve" the Life of the Mother Violates a Qualified Constitutional Right to an Abortion and Is Unconstitutionally Vague.  People v. Belous, Page 937.
• Note: A Bar Association is Not Immune From Suit for Damages Under Section 1983 of the Civil Rights Act When It Deprives a Person of His First Amendment Rights, But Probable Cause is Available As A Defense.  Dacey v. New York County Lawyers' Ass'n, Page 946.
• Note: The Food, Drug and Cosmetic Act Does Not Include Within Its Concept of "Labeling" Literature That Develops the Doctrines of a Religion.  Founding Church of Scientology v. United States, Page 951.
• Note: When an Accused Is Not Free To Leave, Failure by the Police To Advise Him of His Miranda Rights Prior to Interrogation Violates the Self-Incrimination Clause of the Fifth Amendment.  Orozco v. Texas, Page 955.
• Note: Claims of Deprivation of Civil Rights That Result From an Adverse Adjudication of Constitutional Issues by State Courts are Res Judicata, and Federal District Courts Have No Jurisdiction Over Them.  Brown v. Chastain, Page 959.
• Note: Violation of Housing Regulations Under the Wagner-Peyser Act of 1933 Regarding Migratory Workers Is an Adequate Foundation for Federal Jurisdiction Under Either the Interstate Commerce or the Civil Rights Jurisdictional Statute.  Gomez v. Florida State Employment Serv., Page 966.
• Note: A Process on an Analog Computer Which Also Reads Upon a General Purpose Digital Computer Does Not Necessarily Fall Within the "Mental Step" Exclusion and May Be Patentable if the Specificity Requirements of Section 112 Are Fulfilled.  Application of Prater 1969, Page 971.
• Note: A Party Cannot Collaterally Attack a Judgment Recital That He Was Served with Citation in Order to Avoid the Compulsory Counterclaim Effects of a Prior Judgment.  Akers v. Simpson, Page 978.
• Book Review : "The Nader Report" on the Federal Trade Commission.  By Edward F. Cox, Robert C. Fellmeth, and John E. Schultz, Melvin G. Dakin, Page 985.
• Book Review: Michigan International Labor Studies: Labor Relations and the Law in the United Kingdom and the United States.  By Henry E. Seyfarth, Lee C. Shaw, Owen Fairweather, and Raymond I. Geraldson, William B. Gould, Page 987.

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• Article:  Life Under Lear, Tom Arnold and Jack Goldstein, Page 1235.
• Article:  The Games Bureaucrats Play: Hide and Seek Under the Freedom of Information Act, Joan M. Katz, Page 1261.
• Comment: Local and Regional Water Pollution Control in Texas, W. Thomas Jacks, Page 1286.
• Note: Federal Trade Commissioners Cannot Completely Ignore Testimony Given at a Hearing Before an Examiner Without Violating Standards of Due Process.  Cinderellas Career & Finishing Schools, Inc. v. FTC, Page 1385.
• Note: Barship v. City of Houston signals a new Texas approach for evaluating projec-induced enhancement in multiple condemnation proceedings, Page 1389.
• Note: Federal Regulations Passed Pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 Preemp Only State Regulations Specifically Related to the Same Aspect of Performance Governed by Federal Standards.  Chrysler Corp. v. Tofany, Page 1394.
• Note: A Licensing Contract for the Manufacture of Unpatented Devices for Which No Patent Application Has Been Made Is Unenforceable.  Painton v. Co. v. Bourns, Page 1399.
• Note: There Is No Duty To Wear a Seat Belt Because It Is Not Forseeable That Failure To Utilize This Safety Device Will Result in Injury to Others.  Quinius v. Estrada, Page 1405.