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Articles 1 - 30 of 111
Full-Text Articles in Law
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.
Michigan Law Review
The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
The Right Of Privacy: Emanations And Intimations, Robert B. Mckay
Michigan Law Review
When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …
Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review
Collateral Estoppel In Civil Tax Fraud Cases Subsequent To Criminal Conviction, Michigan Law Review
Michigan Law Review
To secure compliance with federal income tax laws, Congress has provided both criminal and civil penalties. Fines and imprisonment are imposed under section 7201 of the Internal Revenue Code if the Government can prove beyond a reasonable doubts a willful attempt to evade or defeat taxation. Section 6653(b) authorizes, as a civil sanction, a fifty per cent addition upon findings by the Commissioner of fraudulent underpayment. These findings, if challenged by the taxpayer, need only be sustained by a preponderance of the evidence. Because of the similarity between the acts condemned by sections 7201 and 6653(b), conviction under section 7201 …
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
Michigan Law Review
Although section 1651 was enacted in its present form in 1948, the statutory language of subsection (a) can be traced back to the original Judiciary Act of 1789, in contrast to the terminology in subsection (b), the origins of which are obscure. It is clear, however, that both the alternative writ and the rule nisi are granted on motions ex parte and are in the nature of show-cause orders. These writs were at one time used in place of the modern summons or process and also served as a means of framing the issues to be contested before a court …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Nine Justices In Search Of A Doctrine, Thomas I. Emerson
Michigan Law Review
To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper
Michigan Law Review
The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.
Privacy In Connecticut, Arthur E. Sutherland
Privacy In Connecticut, Arthur E. Sutherland
Michigan Law Review
Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey
Michigan Law Review
The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …
The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review
The Uniform Foreign Money-Judgments Recognition Act, Michigan Law Review
Michigan Law Review
Many nations do not accord conclusive effect to foreign judgments unless their own judicial decrees are reciprocally enforced by the country rendering the judgment. The law in the United States is unsettled, with some states holding that foreign judgments are reviewable on the merits if the judgment forum similarly reviews the merits of American decrees, while others accord conclusive effect to valid foreign money judgments regardless of the effect accorded American decrees in the judgment forum. Judgments in the latter states would seem entitled to conclusive enforcement in countries requiring reciprocity. However, such conclusive recognition has been hindered because many …
Selling Reclamation Water Rights: A Case Study In Federal Subsidy Policy, Joseph L. Sax
Selling Reclamation Water Rights: A Case Study In Federal Subsidy Policy, Joseph L. Sax
Michigan Law Review
This situation raises some interesting questions about federal reclamation policy and about subsidy policy in general. Why should a program designed to give a needed service at reasonable rates evolve into one where the original recipients, at the end of their time of need, are also rewarded by the gift of a large capital asset? Moreover, why should that reward be given at the expense of their successors on the project, who, one would think, are equally the concern of the reclamation program? These are the questions ·with which this article will be concerned.
Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review
Costs Of Unsuccessful Criminal Defense Are Deductible "Ordinary And Necessary" Business Expenses--Tellier V. Commissioner, Michigan Law Review
Michigan Law Review
Taxpayer, a broker and underwriter, was convicted for violations of the Securities Act of 1933 and the federal mail fraud statute, and for conspiracy to violate those statutes. He claimed a deduction for the legal expenses incurred in his defense. The Commissioner's disallowance of the deduction was sustained by the Tax Court. On appeal to the Court of Appeals for the Second Circuit sitting en banc, held, reversed. Legal expenses incurred in an unsuccessful defense against criminal charges arising out of a trade or occupation are deductible "ordinary and necessary" business expenses.
Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker
Phillips: Perspectives On Antitrust Policy, Edwin W. Tucker
Michigan Law Review
A Review of Perspectives on Antitrust Policy edited by Almarin Phillips
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland
Boles: The Bible, Religion And The Public Schools, Arthur E. Sutherland
Michigan Law Review
A Review of The Bible, Religion and the Public Schools (3d ed) by Donald E. Boles
Order And Civil Liberties: A Complex Role For The Police, George Edwards
Order And Civil Liberties: A Complex Role For The Police, George Edwards
Michigan Law Review
The Honorable Edward J. Jeffries was Mayor of the City of Detroit at the time. He was a great mayor; but he had not known that this terror was imminent or that it was even possible. This attitude was shared by most of the city's residents, and to say that Detroit was not ready for this outburst of racial strife would be to put it mildly. In this respect, every mayor in America would find it useful to read a recent journalistic account of the events of that twenty-four-hour period. The authors of this commentary were not very kind in …
The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig
The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig
Michigan Law Review
When I originally offered my re-interpretation of prevailing practice, I did not feel that it would be expedient to make suggestions for alternative solutions because I was then convinced that the courts were doing the very best they could with the procedural tools at their disposal and that there was little hope for an improvement of those tools. However, there is such hope now, and the time has come to help in the search for new answers. In the following discussion, I shall comment on two current proposals for uniform and federal legislation and shall attempt to formulate a tentative …
Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl
Characterization Of Interstate Arrangements: When Is A Compact Not A Compact, David E. Engdahl
Michigan Law Review
The real increase in the use of "compacts" is still very recent, so there has as yet been little significant litigation concerning these instruments. For this reason, relatively few lawyers have had sufficient exposure to the subject to discover what an unhappy state the law of "compacts" is in. However, if the present trend toward their increased use continues, interstate authorities and agencies founded upon "compacts" may be expected to become as familiar to the average lawyer as conventional governmental agencies are today. This article is not intended to anticipate all of the legal problems which are sure to arise …
Stock Received In Lieu Of Salary By Stockholder-Employees Whose Proportionate Interest Remains Unchanged Is Taxable Income--Commissioner V. Fender Sales, Inc., Michigan Law Review
Stock Received In Lieu Of Salary By Stockholder-Employees Whose Proportionate Interest Remains Unchanged Is Taxable Income--Commissioner V. Fender Sales, Inc., Michigan Law Review
Michigan Law Review
Transactions involving forgiveness by stockholder-employees of corporate indebtedness are shrouded in legal uncertainty. The conflicting positions espoused by the Commissioner, the Tax Court, and the circuit court in the principal case focus attention on a few salient problems. The Commissioner, in arguing that the receipt of stock by the individual taxpayers constituted taxable income, considered the individuals solely as employees, believing it immaterial that they were also stockholders. Thus, he reasoned that when they, as employees, received stock in payment of their accrued salaries, they realized income. In contrast, the Tax Court viewed the individual taxpayers as stockholders who had …
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Reasonable Mistake Of Age: A Needed Defense To Statutory Rape, Larry W. Myers
Michigan Law Review
Hernandez represents the first positive judicial step toward changing the irrational rules which currently control the crime of statutory rape, and its import should furnish a touchstone for the future development of the law of all sex crimes. In the brief period since the Hernandez decision was handed down it has been reaffirmed by its authors, and the legislatures in two other states have enacted statutes which embrace its sound reasoning. However, at least one state has evidenced an intent to follow the traditional judicial approach of imposing strict liability, notwithstanding the defendant's reasonable mistake with respect to the true …
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Evidence Illegally Seized By Private Persons Excluded From Criminal Prosecution--People V. Mccomb, Michigan Law Review
Michigan Law Review
At common law, illegally seized evidence was admissible on the theory that the nature of the seizure did not necessarily affect the probative value of the evidence. However, in 1914 the United States Supreme Court, in order to protect the fourth amendment's guarantee of freedom from unreasonable searches and seizures, adopted a rule excluding from federal courts evidence illegally seized by federal officials. In 1961, the scope of this rule was extended by Mapp v. Ohio, which held that all evidence obtained in violation of the fourth amendment is inadmissible in state courts. However, the Mapp doctrine applies only …
Harper: Justice Rutledge And The Bright Constellation, Eugene Gressman
Harper: Justice Rutledge And The Bright Constellation, Eugene Gressman
Michigan Law Review
A Review of Justice Rutledge and the Bright Constellation by Fowler V. Harper
Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston
Oppenheim: Unfair Trade Practices, Cases And Comments, Glen E. Weston
Michigan Law Review
A Review of Unfair Trade Practices, Cases and Comments by S. Chesterfield Oppenheim
Widow's Succession In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Michigan Law Review
Widow's Succession In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Michigan Law Review
Michigan Law Review
While residing with his wife in California, decedent purchased stock, which under California law became community property. The couple later moved to Ohio, a common-law property state, where decedent died. An Ohio probate court approved the executor's determination that the widow's one-half interest in the stock was not subject to the Ohio succession tax. On appeal by the state tax commissioner to the Ohio Supreme Court, held, reversed, three judges dissenting. A wife's succession to her husband's right to manage and control her half of the community property is subject to the Ohio succession tax on joint and survivorship …
Divergent Views As To Applicability To National Banks Of State Restrictions On Home-City Branching--Walker Bank & Trust Co. V. Saxon; Commercial Security Bank V. Saxon, Michigan Law Review
Divergent Views As To Applicability To National Banks Of State Restrictions On Home-City Branching--Walker Bank & Trust Co. V. Saxon; Commercial Security Bank V. Saxon, Michigan Law Review
Michigan Law Review
Two recent federal court decisions have brought into question for the first time the degree to which the federal law permitting the establishment of branches by national banks' incorporates state law restrictions upon the establishment of branches within a city in which the branching bank is already located. In Walker Bank & Trust Co. v. Saxon, a national bank sought to branch within its home city of Logan, Utah. In addition to the applicant's main office, there were branches of two other banks in the city. The applicant national bank in Commercial Security Bank v. Saxon and the complaining …
Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton
Scientific Eclat And Technological Change: Some Implications For Legal Education, George T. Frampton
Michigan Law Review
The law-trained man has frequently been viewed as faced toward the past and preoccupied with precedent, form, words, technicalities, and money. Well might such a man be the fitting product of an educational diet of moldering appellate case opinions taken Socratically with a few crusts of casebook "notes" and classroom lapses into lecture. This is not a man for the season of scientific successes or for a society transformed by technological change.
The Problem Of Consumer Bankruptcy: Is Amendment Of The Bankruptcy Act The Answer?, Michigan Law Review
The Problem Of Consumer Bankruptcy: Is Amendment Of The Bankruptcy Act The Answer?, Michigan Law Review
Michigan Law Review
The question of whether the current frequency of consumer bankruptcy is a necessary function of consumer credit remains unanswered. The burgeoning number of consumer bankruptcies in a period of unparalleled national prosperity suggests fundamental weaknesses in the credit-oriented economy. Bankruptcy filings, now numbering nearly 172,000 annually, have trebled over the past decade. For twelve consecutive years the number of petitions filed has exceeded that of the prior year. Nonbusiness bankruptcies, most of which offer no assets for distribution, constitute ninety per cent of all filings.
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Social Security Disability Determinations: The Burden Of Proof On Appeal, Michigan Law Review
Michigan Law Review
In 1956, the Social Security Act was amended to provide monthly disability insurance benefits to qualifying individuals under a uniform national program administered by the Secretary of Health, Education, and Welfare. Under this program, a claimant is entitled to disability benefits if he is unable to "engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration." This definition and its accompanying statutory standards were purposely made conservative in order to minimize the problems inherent in initiating the program; it was contemplated that …
Boulwareism And Good Faith Collective Bargaining, Michigan Law Review
Boulwareism And Good Faith Collective Bargaining, Michigan Law Review
Michigan Law Review
The obligation to bargain collectively in good faith is imposed on both the employer and the representative of his employees by the National Labor Relations Act. Generally, some form of ask-and-bid bargaining is used to satisfy this statutory obligation. Since 1947, however, the General Electric Company has developed and used a bargaining technique known as Boulwareism, which, on its face, seems capable of achieving the same results as the ask-and-bid method, but in a more efficient manner. Nevertheless, the National Labor Relations Board recently found Boulwareism to be in violation of the duty to bargain in good faith.
Horn: Subrogation In Insurance Theory And Practice, Spencer L. Kimball
Horn: Subrogation In Insurance Theory And Practice, Spencer L. Kimball
Michigan Law Review
A Review of Subrogation in Insurance Theory and Practice By Ronald C. Horn.