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Articles 1 - 9 of 9
Full-Text Articles in Law
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg
Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg
Michigan Law Review
Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Labor Law--Federal Pre-Emption--State Jurisdiction To Prosecute Labor Organizers For Criminal Trespass, John W. Galanis
Michigan Law Review
Defendants, non-employee union organizers, entered the parking lot of a retail department store without permission for the sole purpose of distributing union material to the store's employees. After continued refusal to comply with requests to leave, the defendants were arrested, tried, and convicted of criminal trespass. It was contended that the trial court lacked jurisdiction because the National Labor Relations Act had pre-empted state control of the labor activities involved. On appeal to the Illinois Supreme Court, held, affirmed. State jurisdiction was justified not only by the state's interest in domestic peace and the protection of employer's property rights, …
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Constitutional Law - Due Process - Expulsion Of Student Fro M State-Operated College Without Notice Or Hearing, James A. Mcdermott
Michigan Law Review
A substantial number of students at the Alabama State College for Negroes had been participating in peaceful demonstrations protesting racial segregation. The president of the college advised the students to return to their studies which were disrupted by these demonstrations, and personally warned three of the plaintiffs to discontinue their participation in the demonstrations. Nonetheless, further demonstrations ensued in which the plaintiffs took part. The State Board of Education then voted to expel the plaintiffs who were allegedly the leaders of the organization responsible for the demonstrations. The notices of expulsion mailed to the plaintiffs stated no reason for the …
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Michigan Legal Studies Series
Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Michigan Law Review
Recent Illinois legislation subjects foreign insurers who are not authorized to do business in Illinois and who circulate false advertising there to the jurisdiction of the state courts and the State Insurance Commissioner. When the Insurance Commissioner is informed of false or misleading advertising, he is to notify the supervisory insurance official of the domicile state of the foreign insurer. If this notice does not result in the cessation of the activity, the Commissioner may proceed against the insurer under the state's Unfair Trade Practice Act. Since the typical mail order insurer will not have agents or property within the …
On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel
On Charting A Course Through The Mathematical Quagmire: The Future Of Baker V. Carr, Jerold H. Israel
Articles
The Tennessee reapportionment decision, Baker v. Carr,' has been popularly characterized as one of the "very few judicial decisions which have fundamentally reshaped our constitutional system."'2 Newspaper and magazine commentators generally have predicted that the decision of last March is likely to "change the course of our history" by producing a drastic alteration in the balance of power on the state political scene.3 While this end may be desirable,4 any such estimate of the future impact of the Baker decision, at least insofar as its legal consequence is concerned,5 seems not only premature but somewhat exaggerated. The future significance of …
Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Municipal Corporations-Liability In Tort-Prospective Judicial Abrogation Of The Sovereign Immunity Concept, Donald E. Vacin
Michigan Law Review
Plaintiff's decedent was killed by a fall down the elevator shaft of a building owned and maintained by the City of Detroit. Plaintiff alleged that defendant city negligently failed to protect and enclose the shaft, in violation of its own ordinances, and that such failure was the proximate cause of her husband's death. The city moved to dismiss, claiming that it was engaged in a governmental function and therefore was immune from tort liability. On appeal from an order dismissing the complaint, held, affirmed by an evenly divided court. However, a majority of the court prospectively overruled the judicial …