Vol. 27, No. 4 (1976) Fifth Circuit Survey Issue
Editor's Note
This survey covers significant decisions handed down by the United States Court of Appeals for the Fifth Circuit which have been published in the Federal Reporter, Second Series, between January 1, 1975 and December 31, 1975. It is important to note that the survey articles cover the noteworthy cases reported during the survey period rather than the cases decided by the court during the survey period. Only the cases which, in the author's opinion, are a significant development in a particular area of law have been the subject of comment.
Due to circumstances beyond the control of the Review, survey articles in the area of Federal Taxation, Labor Law (including the cases involving Title VII of the Civil Rights Act of 1964) and Securities Regulation are not included in this year's survey. These omissions were necessary in order for the Review to fulfill both its responsibility to its readers and its duty to its contributing authors to publish in a timely manner. The Review will make every effort to adequately update these areas in next year's survey edition.
Last year, the survey contained separate articles in the areas of Constitutional Law, Civil Rights, and the constitutional aspects of Criminal Law. In an effort to provide a more concise statement of the development of the law, the Review has eliminated much of the overlap by combining the areas of Constitutional Law and Civil Rights.
Additionally, we have included more special feature articles than in past years. These special contributions concern areas of the law which we feel are of particular interest at this time.
Most importantly, the Review extends a special and sincere thanks to the authors who made this edition possible. The quality of their contributions reflects their hard work and dedication to their respective areas of the law.
Front Matter
Special Contributions
Acceleration Clauses in Georgia: Consumer Installment Contracts and the Federal Truth-in-Lending Act
John M. Hewson III
The Automobile Exception: What it is and What it is Not -- A Rationale in Search of a Clearer Label
Charles E. Moylan Jr.
The Economic Effects of Monopoly: A Lawyer's Guide to Antitrust Economics
David R. Kamerschen
Magnuson-Moss Warranty Act: An Overview and Comparison With UCC Coverage, Disclaimer, and Remedies in Consumer Warranties
Kurt A. Strasser
The Sleeping Tort: Testamentary Libel
Leona M. Hudak
When is a Special Law Unlawfully Special?
R. Perry Sentell Jr.
Survey Articles
Bankruptcy
W. Homer Drake Jr. and James E. Massey
Civil Rights and Constitutional Law
Dorothy Y. Kirkley and Glenna L. Stone
Constitutional-Criminal Law
J. Michael Walls
Practice and Procedure
R. Neal Batson and Ben F. Johnson III
Casenotes
Commercial Law--Maintenance of Compensating Balances Indictable Offense Under 18 U.S.C.A. § 656
Michael A. McKenzie
Constitutional Law--Civil Rights--Georgia's Bar Exam Does Not Unconstitutionally Discriminate on the Basis of Race
Richard B. Badgley
Constitutional Law--Legislative Immunity Outweighs First Amendment Rights
John J. Copelan Jr.
Constitutional Law--Resumption of Questioning After Right to Remain Silent Has Been Exercised
L. Lin Wood Jr.
Criminal Law--Due Process--Burden is on the State to Affirmatively Prove Lack of License in Prosecution for Carrying Pistol Without a License
Robert V. Rodatus
Evidence--Government Advisory Materials Exception to Hearsay Rule
Walter Prince Rowe
Real Property--Interstate Land Sales Full Disclosure Act--Omission of Bankruptcy of Grandfather Corporation Not a Material Misrepresentation
Michael E. Satterwhite
Taxes--Constitutional Law--Nondiscriminatory Ad Valorem Tax Not Prohibited by Import-Export Clause
Michael F. Swick
Table of Cases
Board of Editors
- William A. Dinges - Editor-in-Chief
- Larry W. Rowe - Administrative Editor
- Samuel D. Ozburn - Administrative Editor
- Michael K. Grogan - Managing Editor
- Jeffrey Ward Bell - Student Writing Editor
- Frank J. Beltran - Student Writing Editor
- Elizabeth R. Francisco - Georgia Survey Editor
- James K. Lange - Lead Articles Editor
- Thomas C. Alexander - 5th Circuit Survey Editor