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Vanderbilt Law Review

Article Title

Recent Cases

First Page

667

Abstract

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does Not Violate Confrontation Guarantee Despite Lack of Cross-Examination

James Robert Newson III

Although the trend in the law of evidence is toward greater admissibility of hearsay, the sixth amendment confrontation clause presents a countervailing consideration in the criminal law.

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Constitutional Law-Equal Protection-- Federal Statutes Differentiating Between Sentence Credit for Probation and Parole Time Satisfy Rational Basis Test

Andrew W. Byrd

Since its decision in Bolling v. Sharpe, which invalidated racial segregation in the public schools of the District of Columbia, the Supreme Court has utilized the due process clause of the fifth amendment to prohibit arbitrary discrimination by the federal government in much the same manner that it has employed the fourteenth amendment to limit similar state action.' Through the 1950'sand 1960's equal protection cases challenging both state and federal action fell within two distinct analytical categories-those subjected to a rational basis test and those required to withstand strict scrutiny.

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Labor Law-Taft-Hartley Section 301- Union May Be Liable for Sympathy Strike Damages When It Has Failed To Use Reasonable Care To Prevent Spread of Wildcat Strike

Judith Miller Janssen

Citing the national policy of promoting peaceful settlement of labor disputes and avoiding the violence resulting from wildcat strikes in the coal mining industry, the court found that the international union had a duty to prevent the spread of wildcat strikes of the sort that caused the work stoppage at plaintiff's two mines. The court distinguished, however, between the liability of the inter-national union and that of the subdivisions of the union on the basis of ability to control both the underlying and sympathy strikers.

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Uniform Commercial Code--Secured Transactions-- Article Nine Does Not Permit Unsecured Claims To Achieve Secured and Perfected Status by a Post-Bankruptcy Assignment to a Senior Secured Creditor

John Eric Tavss

The instant court's refusal to sanction floating secured parties demonstrates the unwillingness of courts to expand permissible floating arrangements beyond those clearly allowed by the Code.This case further illustrates the struggle that courts face when confronted with the competing principles of floating arrangements, the notice requirements of the Code, and the Bankruptcy Act.

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