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Full-Text Articles in Law

Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach Feb 1965

Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach

Michigan Law Review

A Review of American Intergovernmental Relations: Their Origins, Historical Development, and Current Status. By W. Brooke Graves.


Grand Jury Secrecy, Richard M. Calkins Jan 1965

Grand Jury Secrecy, Richard M. Calkins

Michigan Law Review

When a leading state such as Illinois enacts "reform" legislation, an impact on the legislatures of other jurisdictions may be anticipated. Accordingly, a need exists for an examination of this legislation in the light of the common-law background of grand jury secrecy and for a further analysis of it in the face of the growing trend toward more liberalized discovery of grand jury minutes in other jurisdictions. It is the contention of the author that such an empirical study will demonstrate that this legislation adopted by Illinois is contrary to all modern judicial thinking and is, in fact, a retrogressive …


Personal Holding Companies And The Revenue Act Of 1964, Jerome B. Libin Jan 1965

Personal Holding Companies And The Revenue Act Of 1964, Jerome B. Libin

Michigan Law Review

By 1964, many years had elapsed since significant changes were made in the federal income tax treatment of so-called "personal holding companies." For that reason alone, any amendments contained in the Revenue Act of 1964 that dealt with personal holding companies would have deserved attention. But the fact is that the changes made by the 1964 Act are so powerful in their thrust that they require the most careful kind of study by every practitioner charged with advising closely held corporations. Since the new provisions are rather complicated in nature, such a study cannot lead to a full understanding of …


The Act Of State Doctrine After Sabbatino, William J. Bogaard Jan 1965

The Act Of State Doctrine After Sabbatino, William J. Bogaard

Michigan Law Review

The United States Supreme Court recently decided, in Banco Nacional de Cuba v. Sabbatino, that American courts must enforce a recognized foreign government's expropriation decree even though the decree violates international law. The Court, contrary to the views of respected international lawyers, found this result dictated by the "act of state doctrine," which bars American courts from reviewing the validity of another nation's official acts. The decision, amid frequent revolutionary confiscations and national programs of expropriation, seriously draws into question the wisdom of further investments in developing countries. This is unfortunate because American foreign investments benefit the receiving country …


Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review Jan 1965

Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review

Michigan Law Review

The federal government, pursuant to authorizing statutes, sought to condemn defendant's land, alleging that it was needed as a source of fill for a section of the National System of Interstate and Defense Highways. Defendant offered proof demonstrating that commercial fill could easily be purchased within the immediate area, that it was therefore not necessary for the government to condemn any land in order to complete the construction of the highway, and that his land was zoned "light industrial" and was thus ideally suited for future development. Employing the usual stringent proof requirements, the court granted the government's motion for …


Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review Jan 1965

Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review

Michigan Law Review

The California Department of Mental Hygiene brought suit under section 6650 of the state's Welfare and Institutions Code, a provision commonly known as a relative support statute, against the administratrix to recover 7,500 dollars from the intestate's estate. This amount represented the cost of food, housing, and treatment received by intestate's mother in a state mental hospital during the four years she had been confined there following a civil sanity hearing. Plaintiff was granted judgment on the pleadings. On appeal to the California Supreme Court, held, reversed. Since mental hospitals serve a proper public function, it is a denial …


Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann Jan 1965

Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann

Michigan Law Review

A Review of Censorship: The Search for the Obscene By Morris L. Ernst and Alan U. Schwartz


Shemel & Krasilovsky: This Business Of Music, Robert A. Choate Jan 1965

Shemel & Krasilovsky: This Business Of Music, Robert A. Choate

Michigan Law Review

A Review of This Business of Music by Sidney Shemel and M. William Krasilovsky


Weyrauch: The Personality Of Lawyers, John Donnelly M.D. Jan 1965

Weyrauch: The Personality Of Lawyers, John Donnelly M.D.

Michigan Law Review

A Review of The Personality of Lawyers. By Walter 0. Weyrauch


Testamentary Option To Purchase Realty Can Be Exercised Under Anti-Lapse Statute By Heirs Of Beneficiary--Tuecke V. Tuecke, Michigan Law Review Jan 1965

Testamentary Option To Purchase Realty Can Be Exercised Under Anti-Lapse Statute By Heirs Of Beneficiary--Tuecke V. Tuecke, Michigan Law Review

Michigan Law Review

Testator devised his farm to his son and two daughters. The son, who predeceased his father, was bequeathed an option to purchase the daughters' two-thirds interest in the farm for a specified amount. Over the objection of the daughters, the heirs of the son sought to exercise the option under an anti-lapse statute. The trial court concluded that the son's heirs had inherited the right to purchase. On appeal to the Supreme Court of Iowa, held,affirmed. An option to purchase is a valuable property right inheritable under an anti-lapse statute.


Differing Views On Repayments By Manufacturers To Dealers For Expenses Required By The Manufacturers As Price Readjustments Under I.R.C. Section 6416(B)(1)--General Motors Corp. V. United States; Waterman-Bic Pen Corp. V. United States, Michigan Law Review Jan 1965

Differing Views On Repayments By Manufacturers To Dealers For Expenses Required By The Manufacturers As Price Readjustments Under I.R.C. Section 6416(B)(1)--General Motors Corp. V. United States; Waterman-Bic Pen Corp. V. United States, Michigan Law Review

Michigan Law Review

The Internal Revenue Code of 1954 exacts a manufacturer's excise tax based on sales price; if the sales price is readjusted by means of a "bona fide discount, rebate or allowance," the manufacturer is entitled to a tax credit under section 6416(b) (1). In two recent cases, General Motors Corp. v. United States, and Waterman-Bic Pen Corp. v. United States, manufacturers have sought tax credits, claiming that their reimbursements to dealers for expenses which the manufacturers had required the dealers to incur subsequent to the time of sale constituted price readjustments. The Court of Claims in General Motors …


Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review Jan 1965

Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review

Michigan Law Review

On June 22, 1965, the Court of Appeals for the Fifth Circuit entered an order requiring the Jackson, Mississippi, Municipal Separate School District to submit a plan for the total desegregation of the district, and specifically requiring that at least four grades be desegregated in the school year 1965-1966. In reaching its decision, the court gave "great weight" to the standards used by the Office of Education of the United States Department of Health, Education, and Welfare (HEW) to determine whether schools qualify for federal financial assistance. The court reasoned that since the objectives of both the judiciary and the …


Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris Jan 1965

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold


Mason: William Howard Taft, Chief Justice, John P. Frank Jan 1965

Mason: William Howard Taft, Chief Justice, John P. Frank

Michigan Law Review

A Review of William Howard Taft, Chief Justice by Alpheus Thomas Mason


Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin Jan 1965

Rosenberg: The Pretrial Conference And Effective Justice--A Controlled Test In Personal Injury Litigation, Edward H. Rabin

Michigan Law Review

A Review of The Pretrial Conference and Effective Justice--A Controlled Test in Personal Injury Litigation by Maurice Rosenberg


Unitization Of Oil And Gas Reservoirs: A Reply To Professor Merrill, George W. Hazlett Jan 1965

Unitization Of Oil And Gas Reservoirs: A Reply To Professor Merrill, George W. Hazlett

Michigan Law Review

In "Compulsory Oil and Gas Unitization," Professor Maurice H. Merrill launched an attack on unitization of oil and gas reservoirs in the form of a sharply critical review of the decision by the United States Court of Appeals for the Seventh Circuit in favor of the defendant in Peter Fox Brewing Co. v. Sohio Petroleum Co. Terming his review the "hypothetical judgment" of a mythical court of justice, Professor Merrill stated that, if the questions involved were determined improperly, "the effect of the precedent, if we allow it to go unexamined, may be most unfortunate." On the other hand, …


Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein Jan 1965

Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein

Michigan Law Review

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.


Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review Jan 1965

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …


Statement By Employer To His Employees Concerning Cause Of Discharge Of Fellow Employee Is Not Privileged-Sias V. General Motors Corp., Michigan Law Review Jan 1965

Statement By Employer To His Employees Concerning Cause Of Discharge Of Fellow Employee Is Not Privileged-Sias V. General Motors Corp., Michigan Law Review

Michigan Law Review

Plaintiff, employed for ten years by defendant as a plant guard and held in high repute by the community, was summarily discharged for allegedly taking company property. The property in question was an automobile generator that plaintiff claimed to believe was one he had arranged to purchase from the company as salvage for use in his own car. Plaintiff removed the generator in an open manner, explaining to other employees what he was doing. The generator was found in the guard booth where plaintiff had left it with another guard while he went to the plant medical department for treatment …


Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review Jan 1965

Icc Conditions Merger Approval Upon Retention Of Jurisdiction To Allow Inclusion Of Additional Railroads In The Future, Michigan Law Review

Michigan Law Review

In two recent merger proceedings under section 5(2) of the Interstate Commerce Act, Seaboard Air Line R.R. - Merger-Atlantic Coast Line R.R. and Norfolk & W. Ry. and New York, C. & St. L. R.R.-Merger, the Interstate Commerce Commission imposed conditions" whereby it retained jurisdiction over the proceedings for five years to allow specified railroads to petition for inclusion in the new railway systems. Their inclusion would be ordered if found by the Commission, after a full hearing, to be consistent with the public interest.


Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J. Jan 1965

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.