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Compelling The Testimony Of Political Deviants, O. John Rogge Dec 1956

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

At the last term the United States Supreme Court in Ullmann v. United States upheld the constitutionality of paragraph (c) of a federal act of August 1954 which seeks to compel the testimony of communists and other political deviants. Paragraph (c) relates to witnesses before federal courts and grand juries. The Court specifically left open the question of the validity of paragraphs (a) and (b) relating to congressional witnesses. Justice Frankfurter delivered the Court's opinion. Justice Douglas, with the concurrence of Justice Black, wrote a dissent.

It is our purpose to consider the background, history and terms of this compulsory …


Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright Nov 1956

Transfers Of Joint Property In Contemplation Of Death: A Call For Immediate Statutory Revision, L. Hart Wright

Michigan Law Review

For years the Tax Court sided with the government and the Court of Appeals for the Third Circuit in asserting that the contemplation-of-death provision of the estate tax act was sufficiently elastic to include the tax concept of ownership reflected in the joint-property provision of the same act. The alliance between those tribunals on this point was recently broken, however, when the Tax Court shifted to the competing view supported by taxpayers and the appellate court for the Ninth Circuit. It now believes that the two provisions mentioned above are complete strangers even though at one time these two were …


Regulation Of Business - Sherman Act - Administration And Enforcement - A Re-Analysis Of Consent Decrees, Paul R. Haerle S.Ed. Nov 1956

Regulation Of Business - Sherman Act - Administration And Enforcement - A Re-Analysis Of Consent Decrees, Paul R. Haerle S.Ed.

Michigan Law Review

This comment will deal with a review of the history, nature, and use of the consent decree, an analysis of some of the more recent and important decrees, and a discussion of the crucial problem, raised especially by the Report of the Attorney General's National Committee to Study the Antitrust Laws, of the constitutional and statutory bases (or lack thereof) for the relief granted by consent decrees.


Cml- Procedure - Jurisdiction - Recent Legislation Asserting Jurisdiction Over Nonresident Tort-Feasors, A. Duncan Whitaker May 1956

Cml- Procedure - Jurisdiction - Recent Legislation Asserting Jurisdiction Over Nonresident Tort-Feasors, A. Duncan Whitaker

Michigan Law Review

A recent Illinois statute provides inter alia that a nonresident person who commits a tortious act within the state submits to the jurisdiction of the state as to any cause of action arising out of such act. The statute provides that process personally served on the defendant outside the state shall have the same force and effect as though the summons had been personally served within the state. Ill. Rev. Stat. (1955) c. no, § 17.


Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson Apr 1956

Torts - Federal Torts Claims Act- Pertinence Of Governmental Proprietary Distinction, David L. Nelson

Michigan Law Review

The tug Navajo went aground and its cargo was severely damaged by water. The owners and insurers of the tug and its cargo brought an action under the Federal Tort Claims Act alleging that the grounding of the Navajo was caused by the failure of the light in the lighthouse on Chandeleur Island, and that this failure was attributable to negligent acts and omissions on the part of Coast Guard personnel whose duty it was to check the light. The district court dismissed the action on the ground that the United States had not consented to be sued in the …


Securities - Inter Vivos Gifts To Minors, Stephen C. Bransdorfer S.Ed. Apr 1956

Securities - Inter Vivos Gifts To Minors, Stephen C. Bransdorfer S.Ed.

Michigan Law Review

A statute recently enacted in twelve states and expected to be considered by seven other states this year, authorizes a new method for making gifts of securities to minors and for administering such gifts. The statute provides: (1) that irrevocable gifts of securities may be made to minors by use of statutory registration or deed of gift forms; (2) for the creation of a new type of fiduciary termed a custodian; (3) that the custodian shall have powers and duties over the minor's securities including authority to manage, sell, reinvest the proceeds from the sale and administer the securities for …


Rule Against Perpetuities - Recent Legislation In Massachusetts, Maine And Connecticut, David W. Swanson S.Ed. Mar 1956

Rule Against Perpetuities - Recent Legislation In Massachusetts, Maine And Connecticut, David W. Swanson S.Ed.

Michigan Law Review

Three very significant statutes dealing with the rule against perpetuities and containing identical language in their important provisions have recently been passed in Massachusetts, Maine, and Connecticut. There are three basic provisions. (1) In applying the rule against perpetuities to an interest limited to take effect at or after the termination of one or more life estates in, or lives of, persons in being when the period of the rule begins to run, the validity of the interest shall be determined on the basis of the facts existing at the termination of the life estates or lives. (2) If any …


Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed. Feb 1956

Labor Law - Labor - Management Relations Act - Further Comments On Federalism, Robert B. Olsen S.Ed.

Michigan Law Review

Until a decade ago, the nation's lawyers paid little attention to the status of federal-state relations in the regulation of labor disputes. Today there hardly appears a volume of a legal journal that does not contain the product of new efforts to bring order out of the chaos that prevails in this area. A number of writers have apparently given up the task of reconciling statutory provisions with case law and case law with sound federal policy, and have resorted to the simpler, yet challenging, method of proposing amendments to existing federal statutes. Worthy as these efforts may be in …


Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow Jan 1956

Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow

Michigan Law Review

A syndicate attempted to acquire all of the outstanding stock in a bridge corporation pursuant to a plan to transfer the stock to a bridge commission and realize substantial returns. The price offered for the stock was well over the market price but the resale plan was not disclosed. After control of 80 percent of the stock was obtained, the syndicate's purchasing agents were installed as officers and directors. They continued to purchase the stock without revealing the plan and the anticipated profits. Upon the completion of the plan, former stockholders in the corporation brought a class action against the …


Torts - Master And Servant - Payment Of Social Security Tax As Evidence Of Relationship, Irving L. Halpern S.Ed. Jan 1956

Torts - Master And Servant - Payment Of Social Security Tax As Evidence Of Relationship, Irving L. Halpern S.Ed.

Michigan Law Review

Plaintiff's decedent was killed when his tractor-truck collided with an automobile driven by defendant's salesman. In an action to recover damages for the death of decedent, the trial court submitted to the jury, as evidence bf a master-servant relationship, the payment of social security taxes by the defendant on behalf of the salesman. Judgment was rendered for the plaintiff. On appeal, held, the record of social security payments by defendant on behalf of its salesman was properly submitted to the jury as evidence of a master-servant relationship. Peetz v. Mazek Auto Supply Co., (Neb. 1955) 70 N.W. (2d) …


Labor Law - Lmra - Status Of Union Official As An "Employee Representative" For Purposes Of Prosecution Under Section 302, George E. Ewing Jan 1956

Labor Law - Lmra - Status Of Union Official As An "Employee Representative" For Purposes Of Prosecution Under Section 302, George E. Ewing

Michigan Law Review

The appellant was president of the International Longshoreman's Association, the recognized bargaining agent for longshore labor in the Port of New York. An officer of several of the employer members of the New York Shipping Association paid the appellant $5500 in six yearly "Christmas presents." The appellant was convicted of violating section 302 of the Labor-Management Relations Act, which makes it a misdemeanor for "any representative of any employees" to receive or agree to receive money from his employer, subject to certain exceptions. On appeal, held, reversed. The word "representative" is a term of art used throughout the act …


Griffith: Congress - Its Contemporary Role, George Meader Jan 1956

Griffith: Congress - Its Contemporary Role, George Meader

Michigan Law Review

A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.


Regulation Of Business - Fair Trade Laws - Application Of The Mcguire Act To Mail Order Sales Emanating In A Non-Fair Trade Jurisdiction, Lawrence W. Sperling S.Ed. Jan 1956

Regulation Of Business - Fair Trade Laws - Application Of The Mcguire Act To Mail Order Sales Emanating In A Non-Fair Trade Jurisdiction, Lawrence W. Sperling S.Ed.

Michigan Law Review

Defendant's store was located in the District of Columbia, a jurisdiction which does not have a statute permitting resale price maintenance. The defendant sent advertising and made mail order sales of plaintiff's product to consumers in Maryland, at prices below the resale price established by the plaintiff in accordance with the Maryland Fair Trade Act. Plaintiff sued to enjoin such advertising and sales on the ground that they were violations of the Maryland statute. On defendant's motion to dismiss, held, overruled without prejudice. On the main point in issue, however, the court ruled that neither the Maryland Fair Trade …