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United States Trust Company of New York V. New Jersey―The Contract Clause in a Complex Society

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United States Trust Company of New York V. New Jersey―The Contract Clause in a Complex Society Fordham Law Review Volume 46 Issue 1 Article 1 1977 United States Trust Company of New York v. New Jersey―The Contract Clause in a Complex Society Robert A. McTamaney Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Robert A. McTamaney, United States Trust Company of New York v. New Jersey―The Contract Clause in a Complex Society, 46 Fordham L. Rev. 1 (1977). Available at: https://ir.lawnet.fordham.edu/flr/vol46/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. United States Trust Company of New York v. New Jersey―The Contract Clause in a Complex Society Cover Page Footnote Member, New York and New Jersey Bars. The author is associated with counsel for plaintiff in United States Trust. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol46/iss1/1 FORDHAM LAW REVIEW 1977-1978 VOLUME XLVI @ 1976, 1977, 1978 by Fordham Law Review EDITORIAL BOARD JAMES J. Rizzo Editor-in-Chief THEODORE N. FARRIS GARY GROOT Articles Editor Articles Editor SHARON L. WORTHING DENNY CHIN WILLIAM j. COMISKEY Articles Editor Managing Editor Commentary Editor MARGARET HOLIHAN RANDALL H. JENSEN Commentary Editor Commentary Editor NICHOLAS J. JOLLYMORE MICHAEL D. UTEVSKY Commentary Editor Commentary Editor MARY ANNE WIRTH HELEN HADJIYANNAKIS Commentary Editor Writing & Research Editor ASSOCIATE EDITORS WENDY E. COOPER CHARLES G. LA BELLA JOSEPH I. LOONAN ELIZABETH H. W. FRY ERNEST J. T. Loo PETER M. MAZER MEMBERS LESLIE K. AKST ZACHARY B. KASS ERIC D. RAM LYNN MONAHAN BARRY GRETA GLAVIS NORMAN M. ROBERTSON PATRICK J. BONNER JOHN J. KELLY, JR. STEPHEN F. RUFFINO RICHARD F. DENNING RICHARD W. LYNN EDWARD F. SEAVERS, JR. PETER B. FALLON GLENN F. MCNAMARA NAOMI SIIEINER JOHN J. GALLAGHER, JR. ANN M. MATHIS CLAUDIA L. TAFT FRANK M. GRAZIADEI CHRISTOPHER B. MEAD A. WILLIAM URQUHART GEORGE 0. GULDI JULIAN S. MILLSTEIN THOMAS J. WEBER WILLIAM S. HARWOOD STEPHEN G. WOLFE BARBARA M. NORMAN WILLIAM R. HENRICK HENRY PITMAN LINDA H. YOUNG STAFF STEPHEN F. AMBROSE, JR. SUSAN A. GLOVER RICHARD A. NARDI CONNIE K. BECK CHERYL GREENBAUM FREDERIC L. NEUSTADT ROBERT BIGGART DANIEL GURFEIN NEIL NOVIKOFF MICHAEL S. BLASS WILLIAM HARTNETT JOHN A. OCCHIPINTI GARY BUSCEMI KAREN SCHNEIDER HERZOG ROBERT P. OPPENHEIM DANIEL E. CASAGRANDE ANNE HINTERMEISTER DON L. PITT JOSEPH DECARLO, JR. MARY BARNES JENKINS JULIAN PRAGER WILLIAM W. EGGLESTON MICHAEL WILLIAM KELLY CANDICE SINGER RAM VERONICA FALLON THEODORE LAPIER KEVIN P. SIMMONS STEPHAN J. FEDER JOSEPH J. LAROCCA RICHARD H. STERNBERG MARTIN N. FLICS JOHN P. MCCAHEY GEORGENE M. VAIRO ARLENE FLOHR PATRICK W. McGOVERN MARGARET VAUGHAN ERALD T. FORD SUZANNE T. MARQUARD DAVID WEST JORENE R. FRENKL BRIAN J. MORRIS BONNIE WILKINSON JACQUELINE GILBERT ALLEN WOOSTER ANN V. SULLIVAN Business Secretary EDITORIAL AND GENERAL OFFICES Lincoln Center, 140 West 62nd Street, New York, N.Y. 10023 Published six times a year-October, November, December, March, April and May. Member, National Conference of Law Reviews. Printed by the Heffernan Press Inc., Worcester, Massachusetts. Second class postage paid at New York, N.Y. and at addi- tional mailing offices. SUBSCRIPTION PRICE $12.00, SINGLE ISSUE $3.50. Make checks payable to FORDHAM LAW REVIEW. Subscription renewed automatically unless notified to contrary. For price of :volumes and single issues prior to Volume XLII please inquire of William TABLE OF LEADING ARTICLES--TITLES ADVERSE PUBLICITY AND SEC ENFORCEMENT PROCEDURE. Robinson B. Lacy .... 435 THE ATTORNEY GENERAL: THE FEDERAL GOVERNMENT'S CHIEF LAWYER AND CHIEF LITIGATOR, OR ONE AMONG MANY? Griffin B. Bell .......................... 1049 THE CRIMINALIZATION OF QUESTIONABLE FOREIGN PAYMENTS BY CORPORATIONS: A COMPARATIVE LEGAL SYSTEMS ANALYSIS. Gerald T. McLaughlin .............. 1071 DEPROGRAMMING MEMBERS OF RELIGIOUS SECTS. John E. LeMoult ............... 599 EMPLOYER RIGHTS AND ACCESS TO DOCUMENTS UNDER THE FREEDOM OF INFORmA- TION ACT. Walter B. Connolly and John C. Fox ............................ 203 In re Federal's Inc., ANOTHER ROUND IN THE BATTLE BETWEEN THE RECLAIMING CREDIT SELLER AND THE BANKRUPTCY TRUSTEE. Richard A. Mann and MichaelJ. Phillips ................................................................. 641 Infitah IN EGYPT: AN APPRAISAL OF EGYPT'S OPEN-DOOR POLICY FOR FOREIGN IN- VESTmENT. Gerald T. McLaughlin .......................................... 885 National League of Cities v. Usery-THE COMMERCE POWER AND STATE SOVEREIGNTY REDIVIVUS. Bernard Schwartz .............................................. 1115 THE NUISANCE ABATEMENT LAW AS A SOLUTION TO NEW YORK CITY'S PROBLEM OF ILLEGAL SEX RELATED BUSINESSES IN THE MID-TOWN AREA. PeterJ. O'Connor. 57 THE OECD GUIDELINES FOR MULTINATIONAL ENTERPRISES: COMPETITION. Barry E. H aw k .................................................................... 241 POWER To DEFINE THE CONSTITUTIONAL RIGHTS OF DEFENDANTS: CONGRESS AND THE FEDERAL COURTS. Richard A. Givens ....................................... 383 THE PROBLEM OF THE NON-EXCHANGING SHAREHOLDER. Martin E. Gold ......... 413 THEORIES OF MEASURING DAMAGES IN SECURITY CASES AND THE EFFECTS OF DAMAGES ON LIABILITY. Thomas J. Mullaney ......................................... 277 THE TRANSFER OF COPYRIGHT OWNERSIP TO PERIODICALS. David G. Mayer .... 907 UNITED STATES TRUST COMPANY OF NEW YORK v. NEW JERSEY-THE CONTRACT CLAUSE IN A COMPLEX SOCIETY, Robert A. McTamaney ..................... 1 TABLE OF LEADING ARTICLES-AUTHORS BELL, GRIFFIN B., The Attorney General: The Federal Government's Chiej Latyer and Chief Litigator, or One Among Many? .................................... 1049 CONNOLLY, WALTER B., AND Fox, JOHN C., Employer Rights and Access to bocutments Under the Freedom of Information Act ...................................... 203 GIVENS, RICHARD A., Power To Define the ConstitutionalRights of Defendants: Congress and the Federal Courts .................................................... 383 GOLD, MARTIN, E., The Problem of the Non-Exchanging Shareholder .............. 413 HAWK, BARRY E., The OECD Guidelinesfor Multinational Enterprises: Competition 241 LAcY, ROBINSON B., Adverse Publicity and SEC Enforcement Procedure .......... 435 LEMOULT, JOHN E., Deprogramming Members of Religious Sects .................. 599 MCLAUGHLIN, GERALD T., The Criminalization of Questionable Foreign Payments by Corporations: A Comparative Legal Systems Analysis ......................... 1071 McLAUGHLIN, GERALD T., Infitah in Egypt: An Appraisal of Egypt's Open-Door Policy for Foreign Investment ..................................................... 885 McTAMANEY, ROBERT A., United States Trust Company of New York v. New Jersey- The Contract Clause in a Complex Society ................................ 1 MANN, RICHARD A., AND PHILLIPS, MICHAEL J., In re Federal's Inc., Another Round in the Battle Between the Reclaiming Credit Seller and the Bankruptcy Trustee ... 641 MAYER, DAVID G., The Transfer of Copyright Ownership to Periodicals ............ 907 MULLANEY, THOMAS J., Theories of MeasuringDamages in Security Cases and the Effects of Damages on Liability ................................................... 277 O'CONNOR, PETER J., The Nuisance Abatement Law as a Solution to New York City's Problem of Illegal Sex Related Businesses in the Mid-town Area .............. 57 SCHWARTZ, BERNARD, National League of Cities v. Usery.-The Commerce Power and State Sovereignty Redivivus ................................................ 1115 COMMENTS AND NOTES CONFESSION CORROBORATION IN NEW YORK: A REPLACEMENT FOR THE CORPUS DE- LICTI RULE ............................................................... 1205 DES AND A PROPOSED THEORY OF ENTERPRISE LIABILITY ........................ 963 EDUCATION AND THE COPYRIGHT LAW: STILL AN OPEN ISSUE .................... 91 THE EFFECT OF THE INTERSTATE AGREEMENT ON DETAINERS UPON FEDERAL PRISONER T RANSFER ................................................................ 492 FEDERAL TAXATION CONCEPTS IN CORPORATE RISK ASSUMPTION: SELF-INSURANCE, THE TRUST, AND THE CAPTIVE INSURANCE SUBSIDIARY ...................... 781 THE FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976: GIVING THE PLAINTIFF HIS DAY IN C OURT ................................................................ 543 I SWEAR THAT I'M GUILTY, So HELP ME GOD: THE OATH IN RULE 11 PROCEEDINGS 1242 THE INTERIM PROVISIONS OF THE SPEEDY TRIAL ACT: AN INVITATION To FLEE?.. 528 INTERSELLER PRICE VERIFICATION AND HARD BARGAINING: RECONCILIATION OF THE SHERMAN ACT, THE ROBINSON-PATMAN ACT, AND THE FORCES OF COMPETITION 824 LEGAL RESTRICTIONS ON AMERICAN ACCESS TO FOREIGN CULTURAL PROPERTY .... 1177 THE LEGALITY OF CREDIT UNION SHARE DRAFT ACCOUNTS UNDER FEDERAL LAW 1135 MEDICAL MALPRACTICE MEDIATION PANELS: A CONSTITUTIONAL ANALYSIS ........ 322 QUASI IN REM ON THE HEELS OF Shaffer v. Heitner: IF International Shoe FITS .. 459 RATIONALIZING THE FEDERAL ACT OF STATE DOCTRINE .......................... 295 REASON AND THE FOURTH AMENDMENT-THE BURGER COURT AND THE EXCLUSIONARY R U LE .................................................................... 139 REGULATION OF THE NEW YORK ART MARKET: HAS THE LEGISLATURE PAINTED DEALERS INTO A CORNER? ................................................. 939 THE
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