Digital Commons @ University of Georgia School of Law

Recommended Citation (1970) "BOOKS RECEIVED," Georgia Law Review: Vol. 4: No. 4, Article 16. Available at: https://digitalcommons.law.uga.edu/glr/vol4/iss4/16

It has been aptly observed, "Truth is stranger than fiction." In the peculiar realm of local government law, it may here be noted, "Truth is fiction." Local government in Georgia is a fiction of the legal imagination, and its creator has been ingenious in providing the ever changing maze that confronts the lawyer who has the opportunity to delve into this fertile field of the profession. Perry Se…

Tax Exemptions-Charitable Contributions--Federal Government May Not Grant Section 501(c)(3) or 170(a) Tax Benefits With Regard to Racially Segregated Private Schools Operated as Alternative to Desegregated Public Schools (Green v. Kennedy, D.D.C. 1970) Constitutional Law--Criminal Abortion-Statute Prohibiting Intentional Destruction of Unquickened Fetus Violates Mother's Right of Privacy (Babbitz…

The events surrounding the Democratic and Republican National Conventions of 1968 serve as adequate evidence that the traditional two-party system and the nominating conventions may be in for serious trouble. A lack of support for the two-party system as it exists today is apparent from the dissent and civil disobedience which accompanied the conventions, the formation of a third party by George …

Had it not been written by an Associate Justice of the Supreme Court, this book would not be reviewed: obviously calculated to pander to prurient political interest, it seems utterly without redeeming social value, although it does not violate current community standards, such as they are. However, the author's status makes the book news, just as a bishop's coming out for burlesque would be news:…

THE major problem in reviewing another's thoughts is to minimize, since it cannot be eliminated, the interacting and modifying effect of one's own views and personal interpretations. This problem arises in all human relations, especially where words, not deeds, are in issue. According to Holmes, "[a] word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary…

IN 1938, a few short years after the enactment of the National Labor Relations Act,' and only one year after the constitutionality of the Act had been upheld, 2 the Supreme Court resolved a fundamental question concerning the extent to which the Act protected employees in their exercise of the right to strike. In NLRB v. Mackay Radio & Telegraph Co.," the Supreme Court held that an employer, in o…

THE Court and Board decisions in Fleetwood Trailer Co. and Laidlaw Corp. present an interesting study in judicial and administrative policy making. This is a subject which has claimed the attention of the Senate Subcommittee on Separation of Powers and led to an extensive investigation and a recent report in which the Sub- committee concluded that both the Board and the Supreme Court have engaged…

LANDMARK decisions often tend to engender further debate. The Supreme Court's decision in NLRB v. Gissel Packing Co., upholding the authority of the Labor Board to issue bargaining orders on the basis of union authorization cards, is no exception. In the after- math of that decision, many conflicting views are being expressed. Admittedly, some questions still remain open, while other questions of…

TODAY's student activists, bright, concerned, mistrustful of the over-thirty generation, are quick to challenge the relevance of yesterday's comfortable conventional wisdom and to call in question the efficacy of our entire system, as well as its legal subsystems, as a viable instrument for assuring justice to the people. Not only is the integrity of the older generation suspect, but the very cap…

ON October 29, 1969, President Richard Nixon signed Executive Order 11491 entitled "Labor-Management Relations in the Federal Service."' This Order marks a significant change in employee- management relations in the federal government. It replaces Executive Order 10988, issued in January 1962, which established the initial formal federal employee-management relations policy. The new Order was the…

COLLECTIVE bargaining became the keystone of our national labor policy with the passage of the Wagner Act in 1935. The central role of this procedure was preserved in the Taft-Hartley  and Landrum-Griffin  Acts. By choosing collective bargaining as the principal instrument of labor market control, Congress sought to remove sources of industrial strife by a method which preserved private determina…

RECENTLY, the Nixon Administration sent to Congress a bill 1 designed to amend the emergency disputes procedures of our federal labor laws. This is the first time a President has sent such a proposal to Congress since the emergency disputes provisions were first written into law. My purpose shall be to discuss this proposal. In the early days of the Nixon Administration, we, in the Labor Departme…

THE G-- D --- Labor Board." That expletive, the title of ." a 1938 Fortune article,' has become an unceasing chant of protest over the years. Today, as in 1938, the National Labor Relations Board finds itself at the center of a whirlpool of criticism. This is not at all surprising in light of the Board's mandate to strike a balance between the conflicting motifs of the national labor policy. My p…

THIS symposium issue brings together a collection of papers presented at the Sixth Annual Labor Relations Institute. These papers are notable both for diversity of subject matter and for divergent points of view. From the beginning the Institute has presented in depth discussions of most timely issues, and this collection of papers emphasizes that objective. The Institute has always sought to mak…

Recommended Citation (1970) "Table of Contents," Georgia Law Review: Vol. 4: No. 4, Article 1. Available at: https://digitalcommons.law.uga.edu/glr/vol4/iss4/1

Discretion remains the terra incognita of Anglo-American law. Though Kenneth Culp Davis' Discretionary Justice hardly makes him the Matthew Henson or the Francois Genet (or the Roscoe Pound for that matter) of this uncharted jurisprudential continent, his lucid and forceful discussion of the cutting edge of justice could prove both catalyst and important phase in the achievement of order in the c…

Injunctions-FDERAL STAY OF STATE PROCEEDINGS-Federal Anti-Injunction Statute Does Not Prohibit Federal Court's Enjoining State Court Injunction Which Vitiates Public Rights (Machesky v. Bizzell, 5th Cir. 1969) Torts-NEGLIGENT Misrepresentation-LIABILITY OF NON-MANUFACTURER Certifiers Of Quality-Endorser of Defective Product for Pecuniary Gain May Be Liable to Purchaser Whom Product Injures (Hanbe…

Congress has adopted three different methods of enforcing the antitrust laws. Under the Sherman Act, enacted primarily as a criminal statute, the Attorney General was granted the authority to institute civil or criminal proceedings for violations of the antitrust laws. The Sherman Act provided a second method of enforcement, by authorizing private parties injured by violations of the antitrust la…

The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person…