Volume 49
1970-1971
Issue Number:  1  2 3 4 5 6 7

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• Article: Federal Procedures Troubled Marriage: Due Process And The Class Action, Frank L. Maraist and Page Sharp, Page 1.
• Article: Due Process And Sentencing: From Mapp To Mempa To McGautha, George W. Pugh and Hamptom Carver, Page 25.  
• Orgain Lecture:  The Role Of The Lawyer In America's Ghetto Society, Norman Dorsen, Page 50
• Comment:  The Proprietary Vocational School: The Need For Regulation In Texas, Mark Berry, Page 69.
• Note:  Admiralty - General Maritine Law Recognizes A Federal Remedy For Wrongful Death Caused By Unseaworthiness.  Morangne v. States Marine Lines, Inc., Page 128.
• Note: Banking Law - A Bank-Sponsored Commingled Investment Account Is An Allowable Fiduciary Activity Not Contravening Banking Or Security Laws.  NASD v. SEC, Page 134.
• Note: Civil Rights - An Employment Policy Of Disqualifying Frequently Arrested Applicants Unlawfully Discriminates Against Blacks Under Title VII Of The Civil Rights Act of 1964.  Gregory v. Litton Systems, Inc., Page 141.
• Note: Constitutional Law - Criminal Procedure - Collateral Estoppel, Now Embodied In The Fifth Amendment Guarantee Against Double Jeopardy, Prevents A State Such As Texas From Relitigating Issues Necessarily Determined In Favor Of A Defendant By A Prior Acquittal.  Ashe v. Swenson, Page 148.
• Note: Federal Courts - Jurisdiction - The Supreme Court Lacks Jurisdiction To Consider A Direct Appeal From A Three-Judge District Court Order Granting Or Denying A Declaratory Judgment That A Federal Statute Is Unconstitutional.  Mitchell v. Donovan, Page 155.
• Note: Poverty Law - Judgment By Confession - Entry of Judgment By Confession Without Notice Of Hearing Is A Violation Of Due Process If The Warrant Is Executed In A Consumer Sales Or Financing Transaction By A Maker Who Earns Less Than 10,000 Dollars A Year.  Swarb v. Lennox, Page 165.
• Note: Procedure - To Excuse A Violation Of Article 6710D, Section 86(D), A Motorist Must Submit And Obtain A Favorable Answer To A Jury Issue On Impossibility Of Compliance. Christy v. Blades, Page 175.
• Note: Property - Perpetuities - Texas Enacts Cy Pres Statute, Page 181.
• Note: Securities - Stock Broker's Violation Of The Federal Reserve Board's Regulation T Creates An Implied Cause of Action In The Consumer That Is Not Defeated By Either The Customer's Knowlege Of The Violation Or Subsequent Settlement Of The Debt Owed The Broker  Pearlstein v. Scudder & German, Page 192.
• Note: Torts - Libel - A Mercantile Agency's Credit Reporting Is Privileged Unless A Report Is Made With Knowledge That It Is False Or Made With Reckless Disregard Of Its Truth Or Falsity.  Dun & Bradstreet, Inc, Page 198.
• Book Review: The Regulatory Process, With Illustrations From Commercial Aviation By Emmett S. Redford, Ralph F. Fuchs, Page 204.

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• Symposium: Conflict of Laws Roundtable, Page 211
• Comment: Abstention under Delaney: A Current Appraisal, William C. Bednar, Jr., Page 247. 
• Comment: Public Historic Preservation in Texas, Susan A. Schatzel, Page 267.
• Note: Administrative Law-Securities Regulation-An SEC No-Action Letter in a Proxy Dispute is a Judicially Reviewable Order, and the Agency May Not Acquiesce in a Management Omission of A Shareholder’s Proposal Merely Because It May Involve Political Issues.  Medical Comm. for Human Rights v. SEC, Page 322.
• Note: Civil Procedure—Judgment Non Obstante Veredicto—The Right to Move to Disregard Jury Findings Is Not Limited to the Party Against Whom the Unsupported Issues Were Found. Guckian v. Fowler, Page 332.
• Note: Constitutional Law—Desegregation—Brown v. Board of Education Applies to Mexican-American Students and Any Other Readily Identifiable Ethnic-Minority Group or Class. Cisneros v. Corpus Christi Ind. School Dist., Page 337. 
• Note: Constitutional Law—Privacy—A Constitutional Right of Privacy Protects Personal Financial Affairs of Public Officials From Overbroad Disclosure Requirements. City of Carmel-by-the-Sea v. Young, Page 346.
• Note: Environmental Law–A Petition Under the Food, Drug, and Cosmetic Act Containing New Scientific Data Indicating Pesticide Danger Compels HEW to Initiate Proceeding to Determine the Safety of DDT Residues Permitted on Food Products.  Environmental Defense Fund, Inc. v. HEW, Page 356.
• Note: Estate Tax – Insurance Proceeds – Under section 2035 of the Internal Revenue Code, No Part of Life Insurance Proceeds is Includable in Decedent’s Gross Estate When the Policy is Owned by Another and the Nonowning Insured has Paid Part of the Premiums in Contemplation of Death.  First Nat’l Bank v. United States, Page 365.
• Note: Federal Procedure – Rule 41(B) – A Dismissal with Prejudice is Res Judicata of the Cause of Action and Operates as an Adjudication of the Merits Regardless of Whether the Merits have been Reached.  Weissinger v. United States, Page 372.
• Note: Income Tax—Disproportion Between a Stockholder’s Relative Ownership of Non-Interest-Bearing Notes and of Shares in a Subchapter S Corporation Does Not Create a Second Class of Stock within the Meaning of Section 1371, Page 376.
• Note: Labor Law—Congress May Constitutionally Proscribe Political Expenditures from a Union Fund Supported by Voluntary Contribution of Union Members.  United States v. Pipeftters Local 562, Page 384.
• Note: Labor Law—Under Section 10(c) of the National Labor Relations Act the National Labor Relations Board Must Decide Whether Charged Conduct Constitutes an Unfair Labor Practice and Must Remedy a Discovered Violation with No Less Than a Cease and Disist Order. UAW v. NLRB, Page 392.
• Note: Sodomy—Constitutional Law—Texas Statute Prohibiting sodomy is Unconstitutionally Overbroad in Proscribing Private Consensual acts of Married Couples.  Buchanan v. Batchelor, Page 400.
• Note: Torts– An Air Traffic Controller Has the Duty to Warn Pilots that Proposed Flights Violate FAA Weather Minimums.  Stork v. United States, Page 406. 
• Note: Workmen’s Compensation– Second Injury Fund – Limited Intelligence Must Be “Manifest” to be a Previous Disability Within the Meaning of the Second Injury Provision of the Longshoremen’s and Harbor Workers’ Act.  Ameican Mutual Ins. Co. v. Jones, Page 411.

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• Article: Some Usury Problems in Commerical Lending, Peter R. Loiseaux, Page 419.
• Article: Insurance and the Texas Tort Claims Act, Allen E. Smith, Page 445.
• Observation:  Governmental Immunity, Joe R. Greenhill and Thomas V. Murto III, Page 462.
• Comment: Sale of Control Stock and the Brokers’ Transaction Exemption–Before and After the Wheat Report, Lawrence A. Hammond, Page 475.
• Comment: Restitution for Benefits Voluntarily Conferred Upon Government: A Poverty Law Remedy, David A. Anderson, Page 515.
• Note: Abortion-Constitutional Law-A Law Prohibiting All Abortions Except Those Performed "For the Purpose of Saving the Life of the Mother," Which Does Not Augment a Compelling State interest, Unconstitutionally Infringes on the Mother's Ninth Amendment Right to Choose Whether to Bear Children, Page 537.
• Note: Antitrust-Divestiture is Available to a Private Plaintiff Under Section 16 of the Clayton Act, Page 542.
• Note: Antitrust—Newspapers—Congress Has Exempted Certain Newspaper Agreements and Combinations from the Antitrust Laws, Page 550.
• Note: Bankruptcy-Tax Liens-A Government Lien Securing Taxes Legally Due and Owing More Than Three Years Prior to Bankruptcy Does Not Attach to Property Acquired Subsequent to Discharge in Bankruptcy, Page 554. 
• Note: Community Property-Federal Income Tax-Taxes On Community Income Are Debts Of The Community, And The Wife Is Not Obligated To Pay The Tax On One-Half Of That Income From Her Separate Property.  Ramos v. Commissioner, Page 562.
• Note: Constitutional Law-Commerce Clause-Upon An Express Declaration That Purely Intrastate Extortionate Credit Transactions Directly Affect Interstate Commerce, Congress May Legislatively Proscribe That Activity. United States v. Perez, Page 568.
• Note: Constitutional Law-Obscenity-Federal Statute Allowing Prosecution For Mailing "Nonmailable" Obscene material To Requesting Adults Is Unconstitutional Infringement Of First Amendment Free Speech. United States v. Lethe, Page 575.
• Note: Income Tax-Maintenance And Depreciation Deductions Are Not Available On A Residence Vacated And Offered For Sale But Not For Rent Unless Taxpayer Intends To Profit, Page 581.
• Note: Torts-Landlord And Tenant-Landlords Of Multiple-Unit Apartment Houses Have A Duty To Take Protective Measures To Guard Their Tenants From The Perpetration Of Forseeable Criminal Acts By Third Persons, Kline v. 1500 Mass. Ave. Corp., Page 586.
• Note: Torts-Products Liability-The Open and Obvious Nature Of A Design Defect Does Not Necessarily Preclude Manufacturer's Liability. Pike v. Frank G. Hough Co., Page 591.
• Note: Trademark and Unfair Competition-A Preliminary Injunction Will Not Issue To Prevent A Company From Properly Using Its Advertisements Information Compiled And Published By An Independent, Nonprofit Testing Organization. Consumers Union of United States v. Theodore Hamm Brewing Co., Page 595.
• Note: Unfair Competition-False Advertising-In A Two-Firm Market, A Trader Can Enjoin A Competitor's Misrepresentation Of The Competitors Product Even In The Absence Of Proof Of Loss Of Specific Patronage. Electrics Corp. of America v. Honeywell, Inc., Page 602.
• Book Review: Law Of Federal Courts. Second Edition. By Charles Alan Wright. St. Paul, Minn.: West Publishing Co., 1969. Pp xviii, 745. Joe E. Estes & George A. Whittenberg II, Page 608.
• Book Review: Sentencing: The Decision As To Type, Length, and Conditions Of Sentence. By Robert O. Dawson. New York: Little, Brown and Company, 1969. Pp. x, 428. 49.  Hazel B. Kerper, Page 611.

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• Article:  Standing To Sue Under SEC Rule 10b-5. Michael M. Boone, Patrick F. McGowan, Page 617.
• Article:  Franchising: A Fiduciary Relationship.  Harold Brown, Page 650.
• Comment:  Local Perspective and Judicial Efficiency: A Comparative Study Of Texas Metropolitan District Courts.  Ralph I. Miller, Brian C. Rider, and G. Paul Shoop, Page 677.
• Comment: Improving Marketability Of Real Property In Texas: Affidavits, Recitals, And The Evidentiary Effect Of Recording.  Jan Edward Rehler, Page 747.
• Note: Administrative Law-Freedom of Information-Texas Open Meetings Act Has Potentially Broad Coverage but Suffers from Inadequate Enforcement Provisions, Page 764.
• Note: Administrative Law-Freedom of Information Act-The Doctrine of Executive Privilege Limits Statutory Access to Information Held Within the Executive Office of the President.  Soucie v. DuBridge, Page 780.
• Note: Antitrust-Unfair Competition-Efforts by a Trading Stamp Company to Prevent Unauthorized Exchange or Redemption of Stamps Do Not Constitute Unfair Methods of Competition.  Sperry v. Hutchinson, Page 791.
• Note: Constitutional Law-Journalist-Informant Privilege-The Government Must Demonstrate Compelling Need for a Journalist's Presence at Secret Grand Jury Proceedings Before His Attendance Can Be Required.  Caldwell v. United States, Page 807.
• Note: Equal Protection-Criminal Law-Imprisonment of Indigents for Nonpayment of Fine Violates the Equal Protection Clause If It Results in a Total Jail Term in Excess of the Maximum Term Imposable by Statute for the Substantive Crime.  Williams v. Illinois, Page 814.
• Note: Uniform Commercial Code-Secured Transactions-Neither a Subordinated Obligation Nor a Subordination Agreement Is a Security Interest Against the Common Debtor or the Subordinated Creditor, Page 822.
• Book Review: Products And The Consumer: Defective And Dangerous Products.  By Page Keeton and Marshall S. Shapo. Mineola. Arthur Alan Leff, Page 827.

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• Article: The Diminishing Right of Privacy: The Personal Dossier and the Computer, Vern Countryman, Page 837.
• Article: A Different View of Privacy, Albert W. Alshuler, Page 872.
• Article: The Diminishing Right of Privacy.  Vern Countryman, Page 881.
• Comment: Busing, Swann v. Charlotte-Mecklenburg, and the Future of Desegregation in the Fifth Circuit, Henry Stratford May, Jr., Page 884.
• Note: Admiralty-A Vessel Is Not Rendered Instantly Unseaworthy by the Single and Wholly Unforeseeable Act of Negligence of an Independent Contractor.  Usner v. Luckenbach Overseas Corp., Page 911.
• Note: Constitutional Law-Criminal Law-The Sixth Amendment Right to a Speedy Trial Guarnatees a Probationer the Swift Disposition of a Proceeding to Revoke Probation.  Fariss v. Tipps, Page 917.
• Note: Estate Tax-Simultaneous Death-The Ownership Interests in a Life Insurance Policy Should be Valued on the Basis of the Interpolated Terminal Reserve.  Estate of Chown v. Commissioner, Page 924.
• Note: Evidence-Privileged Communications-A Psychiatrist Has No Constitutional Right to Assert an Absolute Privilege Against Disclosure of Psychotherapeutic Comunications.  In re Lifschutz, Page 929.
• Note: Labor Law-A Minority Strike Is Not a Protected Activity Within the National Labor Relations Act Unless the Strike Is Directed Toward a Specific, Previously Articulated, Union Objective.  NLRB v. Shop Rite Foods, Inc., Page 943.
• Book Review: Politics, the Constitution, and the Warren Court.  By Philip B. Kurland.  Reuben B. Robertson, III, Page 949.
• Book Review: Crime in America.  By Ramsey Clark.  Melvin M. Belli, Page 957.

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• Article: The Per Se Provisions of the Robinson-Patman Act.  Carl H. Fulda, Page 961.
• Article: The Corporate Entity.  Robert W. Hamilton, Page 979.
• Comment: Consumer Credit Regulation in Texas:  The Case for the Consumer, Page 1011
• Comment: Nonjudicial Foreclosure Under a Deed of Trust: Some Problems of Notice. David P. Cotellesse, Page 1085.
• Note: Constitutional Law-Commerce Power-Mere Possession of Firearms by a Felon, Without Proof of an Effect on Interstate Commerce, Is Not Violative of Federal Statute.  United States v. Bass, Page 1106.
• Note: Constitutional Law-Elections-Restriction of Franchise to Property Owners in Texas School Bond Elections Does Not Violate the Equal Protection Clause of the Fourteenth Amendment.  Montgomery Independent School District v. Martin, Page 1113.
• Note: Evidence-Criminal Law-"Trustworthy" Self-Incriminating Evidence Not Otherwise Admissible Under Miranda v. Arizona Is Admissible to Impeach an Accused's Trial Testimony.  Harris v. New York, Page 1119.
• Note: Family Law-Adoption-District Court Did Not Abuse Discretion in Ordering Licensed Child-Replacement Agency To Notify Prospective Adoptive Parents of Adoption Petition Filed by Persons Not Having Custody of Child Placed for Adoption.  Lutheran Social Service, Inc. v. Meyers, Page 1128.
• Note: Inheritance Law-Illegitimacy-A State's Interstate Succession Statutes Denying Illegitimate Children Benefits Granted Legitimates Violate Neither Equal Protection nor Due Process.  Labine v. Vincent, Page 1132.
• Note: Securities Regulation-Damages for SEC Rule 10b-5 Violations-The Measure of Damages Caused by False and Misleading Statements Is the Difference Between the Plaintiff's Selling Price and the Highest Daily Price Attained During a Reasonable Reinvestment Period.  Mitchell v. Texas Gulf Sulphur Co., Page 1141.
• Book Review: Cases and Material on the Regulation of International Trade and Investment.  By Carl H. Fulda and Warren F. Schwartz.  Stanley D. Metzger, Page 1152.