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Articles 1 - 30 of 58
Full-Text Articles in Law
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Michigan Law Review
Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).
Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson
Suggestions For The Improvement Of Municipal Annexation Law, Wallace Mendelson
Vanderbilt Law Review
World War II aggravated one of our most troublesome municipal problems--the growth of urban fringe areas around the outskirts of towns and cities. Many municipalities are finding their natural development either frustrated or completely strangled by choker necklaces of satellite settlements. Parent cities are surrounded by slum areas which they cannot control and wealthy suburban sections which they cannot tax. For it is common that the poorest and the most prosperous tend to live in the outskirts--the former to avoid the sanitation and anti-nuisance standards of urban life, the latter to escape their share of the cost of government in …
Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan, Roy L. Steinheimer Jr.
Impact Of The Commercial Code On Liability Of Parties To Negotiable Instruments In Michigan, Roy L. Steinheimer Jr.
Michigan Law Review
Since the Uniform Commercial Code is now effective in Pennsylvania and is under active consideration by official bodies in other states, it seems appropriate to investigate in some detail the impacts which this proposed legislation would have upon the accumulated business, legislative and judicial understanding and experience in the commercial law area in a specific jurisdiction. As an illustration of the problems which will be faced by judges, lawyers and businessmen in any jurisdiction which adopts the code, the writer has chosen to analyze some impacts which the code would have on commercial law in Michigan. Space limitations make it …
Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.
Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.
Michigan Law Review
Appellant is a Delaware corporation engaging in the retail furniture business in Delaware. It has no place of business in Maryland, nor does it solicit orders in that state. It does not accept mail or phone orders from Maryland, nor does it advertise in any Maryland publications. The only contacts which the appellant has with Maryland customers, aside from direct dealings at appellant's retail store, are occasional direct mail advertisements, which it sends to all of its customers wherever located, and deliveries of goods purchased by Maryland customers. These deliveries are either made by commercial carrier or by appellant's own …
Municipal Corporations—Annexation Of Territory, Rudolph F. Defazio
Municipal Corporations—Annexation Of Territory, Rudolph F. Defazio
Buffalo Law Review
Wright v. Ransom, 307 N.Y. 317, 121 N.E. 2d 244 (1954).
Municipal Corporations—Zoning, Rudolph F. Defazio
Municipal Corporations—Zoning, Rudolph F. Defazio
Buffalo Law Review
Vernon Park Realty v. City of Mount Vernon, 307 N.Y. 493, 121 N. E. 2d 517 (1954).
Municipal Corporations—Pensions, Rudolph F. Defazio
Municipal Corporations—Pensions, Rudolph F. Defazio
Buffalo Law Review
Day v. Mruk, 307 N.Y. 349, 121 N.E. 2d 362 (1954).
Municipal Corporations—Local Traffic Ordinances, Rudolph F. Defazio
Municipal Corporations—Local Traffic Ordinances, Rudolph F. Defazio
Buffalo Law Review
People v. Grant, 306 N.Y. 258, 117 N.E. 2d 542 (1954).
Other Cases—Court Of Claims Act, Frank Dombrowski Jr.
Other Cases—Court Of Claims Act, Frank Dombrowski Jr.
Buffalo Law Review
Cimo v. State, 306 N. Y. 143, 116 N. E. 2d 290 (1954).
Municipal Corporations—Right To Inspect Public Records, Rudolph F. Defazio
Municipal Corporations—Right To Inspect Public Records, Rudolph F. Defazio
Buffalo Law Review
Cherkis v. Impelliteri, 307 N.Y. 132, 120 N.E. 2d 530 (1954).
Municipal Corporations—Status Of School Teacher, Rudolph F. Defazio
Municipal Corporations—Status Of School Teacher, Rudolph F. Defazio
Buffalo Law Review
Daniman v. Board of Education of City of New York, 306 N.Y. 532. 119 N.E. 2d 373 (1954).
Municipal Corporations—Elections, Rudolph F. Defazio
Municipal Corporations—Elections, Rudolph F. Defazio
Buffalo Law Review
Belford v. Board of Elections of Nassau County, 306 N.Y. 70, 115 N. E. 2d 658 (1953).
Home Rule In Washington—At The Whim Of The Legislature, Robert F. Brachtenbach
Home Rule In Washington—At The Whim Of The Legislature, Robert F. Brachtenbach
Washington Law Review
One of the most elementary rules of municipal corporations is that the power and control of the legislature over the local unit is complete and supreme, except as restricted by the federal or state constitution. Washington has embraced this concept as fully as any other jurisdiction.
The Effect Of The Palsgraf Doctrine In Indiana
The Effect Of The Palsgraf Doctrine In Indiana
Indiana Law Journal
No abstract provided.
Livingston Rock & Gravel Co. V. County Of Los Angeles [Dissent], Jesse W. Carter
Livingston Rock & Gravel Co. V. County Of Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where cement company and lessor had adequate remedy at law to review planning commission proceedings they were not entitled to injunctive or declaratory relief to prohibit the county from enforcing zoning ordinances to remove existing businesses.
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Michigan Law Review
With one exception the cases decided in the federal courts under the Federal Rules of Civil Procedure have held that the plaintiff is free to plead a counterclaim in the reply, although in every instance the counterclaim in the reply under consideration was one related to the subject matter of the counterclaim pleaded in the defendant's answer.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Appellant express company, a Delaware corporation, did only interstate business within the state of Virginia. Virginia levied a state tax on intangible personal property and money owned by express companies doing business within the state, and set off their real estate and tangible personal property for local levies. In addition to the property tax, the Virginia statute provided for an "annual license tax . . . for the privilege of doing business in this State." The tax was "equal to two and three-twentieths per centum upon the gross receipts . . . earned in this State on business passing through, …
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Defendant, a bank organized under the National Bank Act and transacting business in the State of New York, used the words "saving" and "savings" in various ways in the advertising and conduct of its banking business. The state brought suit, seeking an injunction restraining the use of these words, alleging that in- so using them defendant had violated subdivision 1 of section 258 of the New York Banking Law. In defense, the bank contended that this provision, as it applied to national banks, was unconstitutional as a contravention of federal statutory provisions. The trial court dismissed the complaint on its …
Blotter V. Farrell, Jesse W. Carter
Blotter V. Farrell, Jesse W. Carter
Jesse Carter Opinions
The city's power to legislate included, by necessary implication, the power to amend existing legislation, including the power to redistrict. Further, an initiative petition was a proper method of proposing such legislation.
Municipal Corporations, Ray Browder
Municipal Corporations, Ray Browder
Washington Law Review
Covers cases on tort liability.
Evidence-Privilege-Use Of Privileged Accident Report To Refresh Officer's Recollection, David D. Dowd, Jr. S.Ed.
Evidence-Privilege-Use Of Privileged Accident Report To Refresh Officer's Recollection, David D. Dowd, Jr. S.Ed.
Michigan Law Review
Plaintiff, a passenger in an automobile, recovered a judgment for injuries received in a collision. Defendants' motion to exclude testimony of the police officer investigating the accident as to admissions of the driver was overruled by the trial court. Defendants contended that the required accident report filed by the defendant driver was privileged by statute, and therefore the testimony of the officer was inadmissible. On appeal, held, reversed on other grounds. It was proper for the officer to testify as to the defendant driver's admissions even if it was necessary for him to refresh his recollection of these admissions …
Constitutional Law-Church And State-Distribution Of Gideon Bible In Public Schools, Raymond R. Trombadore S.Ed.
Constitutional Law-Church And State-Distribution Of Gideon Bible In Public Schools, Raymond R. Trombadore S.Ed.
Michigan Law Review
The Gideons International, a non-profit religious corporation, applied by letter to the Board of Education of the Borough of Rutherford, New Jersey, for permission to distribute free copies of the Gideon Bible to pupils of the public schools of that community. By resolution passed at a regular meeting of the board, permission was granted for distribution to pupils whose parents requested copies of the Bible. Prior to distribution, suit for injunction was commenced by parents of Jewish and Catholic pupils to determine the validity of the distribution under the federal and New Jersey constitutions. The trial court found for defendants. …
Evidence-Presumtions-Alabama Statute Making Compliance With Federal Wagering Tax Law Prima Facie Evidence Of Violation Of State Gambling Law, John C. Hall S.Ed.
Evidence-Presumtions-Alabama Statute Making Compliance With Federal Wagering Tax Law Prima Facie Evidence Of Violation Of State Gambling Law, John C. Hall S.Ed.
Michigan Law Review
In 1953 the Alabama legislature, taking advantage of the federal occupational tax on professional gamblers, enacted legislation making possession of the federal wagering tax stamp prima facie evidence of violation of the state gambling laws.
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Municipal Corporations-Zoning-Right Of Municipality And Property Owners Therein To Object To Amendment Of Zoning Ordinance Of Adjacent Municipality, Howard N. Thiele, Jr.
Michigan Law Review
The borough of Dumont in New Jersey amended its zoning ordinance to change one city block from a residential area to a district in which business user would be permissible. The amendment occasioned objections By certain boroughs which were adjacent to the reclassified block, property owners in the adjacent boroughs, property owners in Dumont, and property owners in the block itself. On suit in lieu of prerogative writ by these parties, held, ordinance set aside. Where several boroughs are adjacent to the block of the defendant borough, and in reliance on the residential character of the whole area single …
Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin
Michigan Law Review
A widow electing to take against her husband's will claimed to be entitled to have her one-third share of decedent's net personal estate computed without deduction of federal estate taxes, on the theory that Congress in allowing the marital deduction intended that a widow's share qualifying for such deduction should be free of the impact of the federal estate tax. The state had no statute providing for apportionment of federal estate taxes. Held: Congress did not intend, by allowing the marital deduction, to change the rule that state law is determinative of the impact of the federal estate tax. …
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Mortgages-Assignment Of Rents And Profits-New Michigan Statutory Treatment, J. David Voss S.Ed.
Michigan Law Review
The Michigan legislature recently approved an act which affects the validity of assignments of rents in or in connection with mortgages on industrial or commercial property. To understand the impact of the new legislation, it is necessary to refer to the general mortgage law of Michigan. In particular, a similar act passed in 1925 relating to trust mortgages is an aid in construing the new act.
Taenaka V. State Board Of Equalization, Jesse W. Carter
Taenaka V. State Board Of Equalization, Jesse W. Carter
Jesse Carter Opinions
A man of Japanese ancestry was entitled to the return of his liquor license to rectify what the legislature felt was an injustice of the deprivation of persons of Japanese ancestry of liquor licenses held by them upon the ground of their ancestry.
Development Of Descent In Indiana, John S. Grimes
Development Of Descent In Indiana, John S. Grimes
Indiana Law Journal
No abstract provided.
The Indiana Probate Code And The Model Probate Code: A Comparison, Lewis M. Simes
The Indiana Probate Code And The Model Probate Code: A Comparison, Lewis M. Simes
Indiana Law Journal
No abstract provided.
Alimony In Indiana: Traditional Concepts V. Benefit To Society
Alimony In Indiana: Traditional Concepts V. Benefit To Society
Indiana Law Journal
No abstract provided.