Contracts -- 1956 Tennessee Survey

In Shirley v. Slate the Supreme Court of Tennessee had an occasion to pass upon the status of a gambling transaction in Tennessee. In the Shirley case a petition was filed to recover money seized by a sheriff in a crap game. In denying recovery, the court held that the power of the court could not be invoked for recovery of money which the participant had won and which had been seized by the sheriff during a raid and turned over to the county court clerk. Tennessee visits severe consequences on gambling or wagering transactions. By statute it is provided that all contracts founded, in whole or in part, on a gambling or wagering consideration, shall be void to the extent of such consideration. \u27 To buttress further the policy of discouraging such transactions, another statute provides that no money, or property of any kind, won by any species or mode of gambling, shall be recovered by action. The final touch to discourage suits to enforce a gambling contract is provided in still a third statutory provision to the effect that any person who institutes an action for money or property, claimed under a contract founded on a gambling consideration, shall forfeit one hundred dollars, recoverable in any court having cognizance; one-half [of the forfeiture] to him who shall sue therefore, the other half to the county in which action is brought

Contracts -- 1964 Tennessee Survey

I. Promissory Estoppel--Application by Federal Court II. Third Party Beneficiary--Enforcement of Labor and Material Bond III. Statute of Frauds--Statute as Defense to Third Party IV. Parol Evidence Rule--Application to Extrensic Subsequent Agreement V. Illegal Bargains--Agreement Not to Compete VI. Death of Party to Personal Service Contract as Terminating the Contrac

Business Associations -- 1955 Tennessee Survey

Nature and Formation of Partnerships: The question whether a contract sued on was a partnership arrangement so as to be cognizable only in equity was considered by the Tennessee Court of Appeals in Powel v. Bundy.\u27 There Bundy, a real estate broker, sued Powell on the lawside to recover $500, alleged to be plaintiff\u27s one-half share of a commission earned by their joint efforts in selling a tract of real estate, but which commission had been collected and wrongfully retained by defendant. Among other defenses interposed was defendant\u27s contention that the contract sued on was that of a partnership arrangement between the parties and that one partner cannot sue another partner at law, exclusive jurisdiction of such a suit being in a court of equity. Although the question of jurisdiction may not have been squarely before the court, nevertheless the court concluded that the contract was not one of partnership but was a mere agreement of the parties to work together and divide the commissions. The court held that the suit was properly brought on the law side and affirmed a lower court judgment for the plaintiff

The Outsourcing-to-Insourcing Relocation Shift: A Response of U.S. Manufacturers to the Outsourcing Paradigm

Outsourcing has been utilized as a corporate strategy by U.S. manufacturers for over three decades to minimize manufacturing and production costs, focus on core competencies and achieve sustained competitive advantages in the global market. In recent years, manufacturers have begun evaluating nearshoring, reshoring and insourcing strategies as near-term responses to trigger events such as increased labor costs and decreased product quality. The United States Air Force also established outsourcing as its primary strategy for achieving cost-saving objectives associated with the design, engineering, manufacturing, production and sustainment of its fourth, fifth and sixth generation weapon systems. In order to decrease weapon system costs and consistently achieve congressionally mandated core and 50/50 requirements, the United States Air Force is evaluating opportunities to bring outsourced workload into the depot infrastructure. This research applies grounded theory and case study methodologies to examine the antecedents and barriers of the U.S. manufacturing outsourcing-to-insourcing relocation shift. A structured framework is presented to assist the United States Air Force as a guide for evaluating insourcing opportunities. The framework addresses contract duration, access to critical information, and the factors influencing the insourcing decision

Contracts -- 1961 Tennessee Survey

I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchase

International Armaments Cooperation in the Post-Cold War Era

During the height of the Cold War, the United States Department of Defense had a focused acquisition effort to produce major weapons systems. These weapons systems were developed as single service acquisition efforts. Their high costs were justified by their sophisticated technology, which enabled the U.S. military to gain and maintain air and ground combat superiority. Such acquisition practices significantly increased the defense budget, which peaked in 1985 at $414 billion. However, with the collapse of the Soviet Union and an absence of a single galvanizing threat to global security, the U.S. has been forced to drastically cut defense spending. Although there is no longer a central security concern for the U.S., there are new threats that require new defense objectives -- and containing these threats is not cheap. Senior defense leaders agree that the U.S. policy of fielding technologically superior weapon systems will not change. What alternative, then, will effectively enable the U.S. to meet reduced spending goals, yet maintain current national security levels? This thesis suggests that international armaments cooperation is one such alternative

Constitutional Limitations on State Taxation of Corporate Income From Multinational Corporations

This Article explores the Supreme Court\u27s treatment, leading up to and including the Container decision, of state taxation of corporate income from multinational operations. Part II highlights the Court\u27s development, prior to 1982, of the basic principles of federal limitations on the states\u27 taxing powers that guided its decision in Container. Part III takes a more detailed look at two 1982 Supreme Court cases, ASARCO, Inc. v. Idaho State Tax Commission and F.W. Woolworth Co. v. Taxation and Revenue Department, in which the states suffered a setback in their efforts to extend the reach of their taxing powers over income from multinational businesses. Part IV dissects the Container opinion, with a more in-depth explanation of the Court\u27s analysis and the dissenters\u27 response, and concludes with a discussion of the issues that the Container Court reserved for future decisions

Contracts -- 1963 Tennessee Survey

Both the one year provision and the sale of goods provision of the Statute of Frauds were construed in Anderson-Gregory Co. v. Lea.\u27Regarding the duration of the contract, the facts in the opinion are somewhat sparse... The court held that the contract did not come within this provision of the statute. If a contract could have been performed, under its terms, within a year from the time of its making, it is not within the Statute of Frauds, even though it is improbable that the contract would be performed within a year. ================= The Tennessee Supreme Court case of Oman Construction Co. v.Tennessee Central Ry. raises an interesting and somewhat unusual question relative to the rule that several contracts relating to one transaction are to be construed together... A second count of plaintiff\u27s declaration was in tort and based upon alleged acts of negligence. It charged Oman and McKenzie with specific acts of negligence and alleged that Goldberg was negligent in the supervision of the work by allowing and approving the negligent and careless acts of the contractors... On appeal, the supreme court held that Goldberg was not liable to plaintiff. The court could find no provision in Goldberg\u27s contract with the city or in the contract between Oman and the city or in the contract between the plaintiff and the city which expressly provides for any contractual liability on the part of Goldberg to the plaintiff

Northern red oak regeneration in oak and pine stands : long-term effects of mechanical competitor removal and short-term effects of prescribed fire

Northern red oak (Quercus rubra) stands in northern lower Michigan are maturing on intermediate quality sites formerly dominated by mixed red pine (Pinus resinosa) and white pine (Finns strobus) forests. White pine and red maple (Acer rubrum) regeneration has been more prevalent than oak regeneration in oak stands throughout several forest regions of eastern North America. It has been hypothesized that the absence of wildland fire is supporting greater components of red maple in the present oak/pine stand type than in presettlement stands. Maintaining the current oak resource has become a priority for forest managers, in Michigan and elsewhere, due to the high wildlife and timber values oak provides. Factors such as canopy composition, cover, and fire may influence oak regeneration by affecting red maple competition, late spring frosts, and deer browsing. Questions need to be addressed regarding effects of specific treatments on oak regeneration success in regions where hardwoods did not dominate historically. Objectives included: 1) Testing the hypothesis that prescribed burning will reduce the abundance and cover of red maple and other competitors relative to oak, 2) Testing the hypothesis that oak seedling pre-hum height and/or basal diameter can be used to predict post-hum sprout growth, and 3) Investigating effects of interactions between prescribed fire and forest cover type (oak vs. pine), canopy cover, and deer browsing on oak and competitors of oak. Study sites consisted of three natural northern red oak stands and three red pine plantations. Overstory removal treatments and understory manipulations were completed in 1991, when northern red oak acorns and nursery seedlings were planted with and without protection from browsing. Natural regeneration and planted oaks were measured and evaluated for growth and mortality July through August, in 2001 and 2002, before and after prescribed burning. One decade after initial treatment, before prescribed burning, red maple density was already significantly less abundant in pine stands compared to oak stands. Mortality of planted oak seedlings was greatest in pine clearcuts and lowest in plots originally thinned to 75% canopy cover plots within pine stands. Caged seedlings exhibited greater survival in pine stands while uncaged seedling survival was nearly equal between cover types. Natural oak regeneration was significantly most abundant in plots originally thinned to 25% canopy cover plots within oak stands. Prescribed fire was applied across all replicates in May, 2002. Following burning, the 25% canopy treatment within oak stands maintained significantly more oak stems than all other treatments. Post-bum oak sprout growth was greatest in clear-cut and 25% cover plots. Nearly all red maple \u3c 2m tall were top-killed, while many larger maple sustained bark damage and infection by pathogenic fungi. These stressed stems sprouted prolifically even though the main stem survived. A noticeable increase in deer browsing of red maple compared to previous years was documented. Following burning, the percentage of uncaged oak seedlings browsed decreased in all plots within oak stands and increased in pine shelterwood plots. Results indicated that, on intermediate sites, a pine canopy had more negative effects on red maple development than did a single prescribed fire. Therefore, prescribed burning to control understory competitors was less critical in pine than in oak stands on these sites. The results also suggested that prescribed fire use is most successful for maximizing oak regeneration in oak shelterwood stands with 25-50% canopy cover, where oak regeneration was present before buming. First year fire effects indicated that red maple control was most successful in uncut plots. Future sampling will be needed to determine the effect fire had on larger red maple saplings in clear-cuts and 25-50% canopy cover treatments