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Articles 1 - 14 of 14
Full-Text Articles in Law
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Michigan Law Review
At their annual meeting, the voters of a Vermont city approved the issuance of municipal bonds to finance erection of a sewage disposal plant. Before further action was taken, a group of citizens, acting in accordance with a charter provision, presented the mayor with a petition containing one hundred signatures which demanded that a special meeting he called to vote on a proposal to rescind the approval previously given. The voters refused to rescind. Twice thereafter petitions were filed with the mayor asking that special meetings be called to reconsider the question, but on each of these occasions the petitions …
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Michigan Law Review
Congress has given the federal district courts original and removal jurisdiction of all civil actions arising under the Constitution or laws of the United States, but the power of these courts to hear such cases has been restricted by the Supreme Court of the United States. The Supreme Court holds that the district courts have jurisdiction of a case if a federal question is raised in the complaint, but jurisdiction cannot be based on a federal question in the answer. This means that the district courts are closed to many cases that involve a substantial federal issue, while many cases …
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Michigan Law Review
Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Michigan Law Review
During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities …
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Municipal Corporations-Circumventing Municipal Debt Limitations, Joseph F. Gricar S.Ed.
Michigan Law Review
Since municipalities are frequently indebted to the permissible extent of the constitutional, statutory, and charter debt limitations, they are constantly seeking methods of finance which avoid the debt limits. Three devices have received judicial sanction. First: Where a separate and distinct. corporation such as a school or drain district has been created it may operate with a separate debt limit over the same territory as the governing municipality. Second: Where the project to be financed is income-producing, the financing bond issue, if made self-liquidating, will not Gome within the debt limitations. Although incorporated authorities have been extensively used to administer …
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Eliminating The Battle Of Experts In Criminal Insanity Cases, Henry Weihofen
Michigan Law Review
It is the purpose of this article to discuss certain procedural devices which have been adopted in some jurisdictions, designed to eliminate the ''battle of experts" which still disgraces criminal procedure in most of our states, and to replace it with a more impartial, more scientific, type of investigation.
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Federal Courts-Civil Procedure-Availability To Plaintiff Of Change Of Venue Under Title 28 U.S.C.A. 1404(A), Richard B. Gushée S.Ed.
Michigan Law Review
The plaintiffs filed a complaint in the United States District Court for the Northern District of Ohio in order to obtain service on the defendant. The plaintiff then filed a motion for an order to transfer the cause to the United States District Court for the Western District of Pennsylvania under Title 28 U.S.C.A. 1404(a) on the grounds that all the plaintiffs and witnesses resided in Pennsylvania, that it would be inconvenient and expensive to transport these witnesses to Ohio, and that the cause of action arose in Pennsylvania. Held, motion denied. Title 28 U.S.C.A. 1404(a) is not available …
Personal Property-United States Savings Bonds--Effect Of Registration In Co-Ownership Or Beneficiary Form As A Transfer Of A Property Interest Therein, Walter L. Dean
Michigan Law Review
In two recent cases, decedents purchased United States Savings Bonds registered in the name of the purchaser and another person which were never delivered to the named co-owner but remained in the possession of the purchaser until his death. In the first case, on appeal from an order of the district court refusing to impose an inheritance tax on the bonds after the death of the purchaser, held, reversed. Mere purchase of the bonds and their registration in the names of the co-owners without delivery transferred no interest to the co-owners during the life of the purchaser and is …
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Michigan Law Review
The beneficiary of a spendthrift trust, created in 1921, sought to renounce and terminate her life interest, thereby vesting the fee simple of the trust res in her son, as remainderman, free of the spendthrift provisions. A Pennsylvania statute, passed in 1945, authorized anyone with any interest in real or personal property to disclaim such interest, irrespective of any so-called spendthrift trust provisions. Held, prayer for termination denied on the ground that the statute, as it applied to spendthrift trusts created before its passage, was a violation of the donor-settlor's property rights under the Pennsylvania Constitution. To allow the …
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Conflict Of Laws-Limitation Of Actions-Statute Of Forum Shorter Than Limitation In Foreign Statute Creating Cause Of Action, John J. Gaskell S.Ed.
Michigan Law Review
Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after …
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Michigan Law Review
A zoning ordinance prohibited the erection of private garages within twenty feet of the street line. Because of the peculiar shape of the lot in question, a variance was granted to the then owner permitting the building of a garage closer to the street line. However, before the garage was built, the land was sold to the present owner who obtained a building permit and began construction. Plaintiffs, owners of the adjoining lot, objected to the granting of the permit and appealed to the zoning board of review which denied their appeal. On certiorari, held, present owner might act …
Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed.
Witnesses-Prior Conviction Of Crime To Impeach-Circumstances Of Sentencing Not Admissible, J. D. Mcleod S.Ed.
Michigan Law Review
ln an action to recover for personal injuries sustained in 1945, at which time he was a prisoner of the State of Virginia, plaintiff testified in his own behalf at the jury trial. On cross-examination, he admitted that he had been convicted of assault in 1943, that sentence had been suspended on condition that he enter the service, and that he had been sentenced to jail when he failed to enter the service. In his argument, defendant's attorney declared that the action had its inception in 1943, and emphasized that plaintiff had failed to enter the service when the sentence …
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Michigan Law Review
Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Habeas Corpus-Inadequacy Of State Remedy, Joseph Gricar
Michigan Law Review
Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the …