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Monthly Periodical Index, Michigan Law Review Feb 1955

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this Review.


Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt Jan 1955

Federal Supremacy And State Anti-Subversive Legislation, Alan Reeve Hunt

Michigan Law Review

State legislatures have been prompted by international tensions of recent years to enact new and stringent anti-subversive laws, thus adding to an already large body of statutes directed against various forms of subversion. Many of these statutes are open to serious objection on constitutional ·grounds. The purpose of this article is to examine those objections which are based upon the notion either that federal power in the area is exclusive or that Congress, expressly or by necessary inference, has pre-empted the field.


Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed. Jan 1955

Federal Procedure - Realignment Of Parties In Non-Diversity Case, David D. Dowd, Jr S.Ed.

Michigan Law Review

Plaintiff (S1), a surety for the subcontractor, brought an action against the subcontractor and the prime contractor to compel them to set off their respective counterclaims in order to diminish the liability of S1. The subcontractor had another surety (S2) on a different obligation arising out of the same construction job, and the prime contractor, uncertain where liability should be placed, impleaded S2. On S1's motion to vacate the impleader order, held, denied, and the court on its own motion directed realignment of the parties, ruling that the main issue was division of …


Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed Jan 1955

Brown: Digest Of Procedural Statutes And Court Rules: Pleading, Joinder, And Judgment Record, John W. Reed

Michigan Law Review

A Review of Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record . By Elizabeth Gaspar Brown


Monthly Periodical Index, Michigan Law Review Jan 1955

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this Review.


Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed. Jan 1955

Labor Law - Legality Of A Temporary Lockout As A Countermeasure To A Strike, John F. Dodge, Jr. S.Ed.

Michigan Law Review

After several months of unsuccessful negotiations on a new contract, a local union of truck drivers, affiliated with the A.F.L. Teamsters International Union, struck one of the members of a multi-employer bargaining association. The following day the remaining members of the association locked out their non-striking employees after advising the union that the action was the result of the union's strike against one member of the association, and that the employees who had been laid off would be recalled if the union withdrew its picket line and ended the strike. The union processed a complaint to the National Labor Relations …


Federal Procedure - Venue In Third-Party Tort Actions Against The United States, Robert B. Olsen S.Ed. Jan 1955

Federal Procedure - Venue In Third-Party Tort Actions Against The United States, Robert B. Olsen S.Ed.

Michigan Law Review

Plaintiff sustained serious injuries when he was struck by a mail pouch thrown from defendant's moving train by a United States mail clerk. Action was was brought against the railroad in the District Court for the Western District of Oklahoma, whereupon the railroad filed a third-party complaint against the United States, alleging negligence on the part of the mail clerk. The United States moved for a dismissal on the ground that both plaintiffs residence and the situs of the injury were in the Eastern District of Oklahoma; since the venue provisions of Title 28, U.S.C. (1952) §1402(b) prescribe that tort …


Front Matter, Michigan Law Review Jan 1955

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 53, Issue 3 of Michigan Law Review


Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross Jan 1955

Hospitalization Of The Voluntary Mental Patient, Hugh A. Ross

Michigan Law Review

In 1949, the last year for which accurate statistics are available, 390,567 persons were admitted to mental hospitals in the United States. Total annual cost of mental illness, including loss of earnings, has been estimated to be over a billion dollars a year. Although the problems involved in admission of the mentally ill patient to a hospital are usually thought of in terms of formal involuntary commitment proceedings, there is an increasing awareness of the desirability of provision for voluntary procedures which would encourage prompt and effective medical care. Voluntary admission is not a form of commitment, although it may …


Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright Jan 1955

Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright

Michigan Law Review

Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …


Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown Jan 1955

Obligations Of A State-Created Authority: Do They Constitute A Debt Of The State, Elizabeth Gaspar Brown

Michigan Law Review

Although provisions in a number of state constitutions limit the amount of debt a state may incur state legislatures frequently have attempted to circumvent such limitations. Recent decades have seen increased use of the "authority," set up by the legislature to accomplish a particular objective and given power to issue evidences of indebtedness to finance the objective, repayment to come from the revenues of the authority, with the declaration that the obligations of the authority are not those of the state. The enabling legislation has been challenged as unconstitutional, often on the ground that the obligations of the authority are …


Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed. Jan 1955

Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.


The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed. Jan 1955

The Rule Against Perpetuities And Typical Oil And Gas Leases, David R. Macdonald S.Ed.

Michigan Law Review

This comment is concerned with the examination of various methods of creating future interests in gas and oil and the effect of the rule against perpetuities on these interests.


Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed. Jan 1955

Constitutional Law - Due Process - Judicial Review Of Jury Determination On Coerced Character Of Confession, James M. Potter S.Ed.

Michigan Law Review

Petitioner, suspected of the murder of his parents, was subjected to intensive police interrogation culminating in a confession to a state-employed psychiatrist. Petitioner had been allowed only a small amount of sleep and was suffering from a sinus condition when he was introduced to the psychiatrist, who was represented as a general practitioner. The questioning of the psychiatrist, who was skilled in hypnosis, was a subtle blend of threats and promises of leniency. Within the next three and one-half hours petitioner also confessed to a police captain, a business associate, and two assistant state prosecutors. The confession to the psychiatrist …


Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing Jan 1955

Constitutional Law - Self-Incrimination - Relation To Loyalty Discharge From Government Service, George E. Ewing

Michigan Law Review

A doctor, drafted into the Army as a private by authority of the Doctors Draft Law, exercised his constitutional privilege against self-incrimination in refusing to complete a loyalty certificate required for a military commission. The Army refused to grant the commission. In a prior habeas corpus proceeding, he had been ordered discharged unless granted the commission. Since the Army intended to grant the discharge under conditions other than honorable, the doctor sought an injunction to compel prompt honorable discharge. Held, injunction granted. Exercise of the constitutional privilege in refusing to complete a loyalty certificate could not be considered a …


Corporations - "Personal Interst" Of Directors In Corporate Transactions, Richard R. Dailey Jan 1955

Corporations - "Personal Interst" Of Directors In Corporate Transactions, Richard R. Dailey

Michigan Law Review

Serious dissension had developed between two factions of the seven member board of directors of defendant corporation. Group A, consisting of four members, represented a working majority of the outstanding stock recently acquired by a group of investors. Group B, consisting of three members, had constituted the active management of the corporation for a number of years. The resignation of group B was probable if group A continued to dominate the board. It was proposed that stock of the defendant be exchanged for stock in another corporation. Under the overall plan, group A was to resign and two …


Criminal Law- False Pretenses - Partner Fraudulently Obtaining Partnership Funds, Paul R. Haerle Jan 1955

Criminal Law- False Pretenses - Partner Fraudulently Obtaining Partnership Funds, Paul R. Haerle

Michigan Law Review

Defendant and another were equal partners in a used car business. Defendant took in an automobile, paying for it with his own funds. Representing that he had paid more than he actually had, he induced his partner to write him a check drawn on the partnership account. Defendant was indicted for obtaining half of the excess by false pretenses. The district court directed a verdict of acquittal. On appeal by the state, held, affirmed, three justices dissenting. A partner cannot be guilty of obtaining by false pretenses from the partnership; the statute in question specifies that it must be …


Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed. Jan 1955

Evidence - Attorney-Client Privilege - Communications Relating To Future Criminal Transactions, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant was subpoenaed in connection with a grand jury investigation of gambling and corruption of public officials. He had been retained by one 'Willie" Moretti as attorney for five of his associates in October, 1950 after a complaint charging a gambling conspiracy had been filed against them. During some two hundred conferences with Moretti in the following year, defendant learned that protection money was being paid to certain high ranking state officials, Moretti at one point complaining of the frequent demands of these officials for more· money. Moretti also discussed with defendant a visit he had paid to the home …


Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck Jan 1955

Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck

Michigan Law Review

Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …


Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed. Jan 1955

Labor Law - Improper Union Objective - Lawfulness Of Concerted Action To Prevent The Use Of Labor Saving Devices, John F. Dodge, Jr. S.Ed.

Michigan Law Review

Plaintiff, an association of painting contractors, brought an action to enjoin strike activities by organized painters who had struck to obtain a contract provision prohibiting the use of pan-rollers while on union jobs. The plaintiff contended that the newly developed method of applying paint with rollers is faster and results in no deterioration of the standards of the trade. The defendant local union maintained that the application of paint with rollers is injurious to the health and safety of painters and fails to furnish either the long-lasting or finely finished quality characteristic of brush painting. Held, that the application …


Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke Jan 1955

Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke

Michigan Law Review

Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …


Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld Jan 1955

Torts - Liability Of Physician Erroneously Certifying Insanity, Richard Z. Rosenfeld

Michigan Law Review

A physician certified plaintiff to be insane, when in fact she was sane; she was thereafter committed to a state sanitarium. Upon her release, she sued the physician for negligence in examination. Defendant's demurrer for failure to state a cause of action was sustained. On appeal, held, affirmed. Quoting almost the entirety of an analogous 1900 decision from the same jurisdiction, the court held that defendant had owed no duty to plaintiff. Because the administration of the law "should not be obstructed by the fears of physicians that they may render themselves liable to suit," certifying physicians "should be …


Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs Jan 1955

Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs

Michigan Law Review

Lightning killed an employee as he was carrying a shovel with a metal scoop over his shoulder while in the course of his employment. Expert testimony indicated that the risk from lightning was increased from a radius of twelve feet for a man six feet tall to a radius of fourteen feet for a man of the same height carrying a shovel. The Michigan Workmen's Compensation Commission granted an award. On appeal, held, reversed. Assuming that the employee was in greater danger by carrying the shovel, there also must be proof that this increased degree of risk caused the …


Michigan Law Review Notes, Michigan Law Review Jan 1955

Michigan Law Review Notes, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes Jan 1955

Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes

Michigan Law Review

Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …


Basic Antitrust Concepts, Kenneth S. Carlston Jan 1955

Basic Antitrust Concepts, Kenneth S. Carlston

Michigan Law Review

It is the function of this paper to summarize and evaluate chapter I of the Report of the Attorney General's National Committee to Study the Antitrust Laws. It will first be necessary to note briefly the circumstances attendant upon the appointment of the committee, its delegated function, its conception of its task and its working methods. No helpful critique of its accomplishments can be made unless its purpose and mode of operation are taken as the starting point. While many tasks remain to be done in the study of the antitrust laws, the committee's work should be appraised only …