Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Infusing Due Process And The Principle Of Legality Into Contempt Proceedings Before The International Criminal Tribunal For The Former Yugoslavia Ad The International Criminal Tribunal For Rwanda, Gwendolyn Stamper
Michigan Law Review
Contempt proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda suffer from two procedural defects: the hearings run afoul of the principle of legality and fail to afford calibrated procedural protection for accused contemnors. First, this Note contends that these two tribunals properly rely on their inherent powers to codify procedural rules for contempt proceedings. However the tribunals' inherent power to prosecute contempt does not allow the courts to punish contemptuous conduct that has not been explicitly proscribed. Such a prosecution contravenes the principle of legality, which provides that criminal responsibility may …
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Specific Performance-Marketable Title To Realty-Compelling Vendor To Purchase Outstanding Interest, Robert Dilts
Michigan Law Review
Plaintiffs sued for specific performance of a contract for the sale of real estate. Their attorney had concluded that the abstract furnished by defendant indicated a possible outstanding undivided one-half interest in the property. Refusing to accept a conveyance unless the alleged defect was eliminated or protection offered against an attack on the title, plaintiffs sought a decree requiring defendant to clear title and convey according to the contract. There was no showing that defendant could obtain a conveyance of the alleged outstanding interest. Held, specific performance denied. Bartos v. Czerwinski, 323 Mich. 87, 34 N.W. (2d) 566 …
Marriage And Divorce - Power Of Court To Modify Decree For Alimony Or Property Settlement As Affected By Agreement Of The Parties, Roy L. Rogers
Marriage And Divorce - Power Of Court To Modify Decree For Alimony Or Property Settlement As Affected By Agreement Of The Parties, Roy L. Rogers
Michigan Law Review
Contracts settling the property interests of a husband and wife or providing for support of the wife or for both of these ends are no doubt valid in all jurisdictions where the parties may contract with each other if the purpose is not to facilitate divorce or future separation. Even at common law, separation agreements could be made, however, through the intervention of a trustee. If not invalid, the contract may ordinarily be enforced in an action on the promise. But, when a divorce is decreed, it is quite often the practice to incorporate in the divorce decree the provisions …
Equity - Contempt - Enforcement Of Decree To Pay Money
Equity - Contempt - Enforcement Of Decree To Pay Money
Michigan Law Review
The defendant became the beneficiary in a life insurance policy by undue influence. The court decree ordered her to pay the proceeds, most of which she had spent, to the plaintiff, the original beneficiary. Upon commitment for contempt in disobedience of the decree the defendant brought habeas corpus. Held, that attachment for contempt for non-compliance with an order to pay money lies only when payment is unenforceable by execution. Since defendant had available his remedy of execution, contempt proceedings were unjustifiable. Klimek v. Borkowski, 259 Mich. 383,243 N. W. 313 (1932).
Constitutional Law-Compelling Witness Duty From Absent Nationals
Constitutional Law-Compelling Witness Duty From Absent Nationals
Michigan Law Review
In proceedings taken under the so-called Walsh Act the petitioner, Blackmer, a United States citizen residing in France, was found guilty of contempt for failure to respond to subpoenas issued out of a federal court and served on him in France by a United States consul requiring him to appear as a witness in that court. See 30 MICH. L. REV. 137 (1931) for a more detailed statement of the facts. By a unanimous decision (Mr. Justice Roberts not participating) the United States Supreme Court recently held that the contempt decree be affirmed, thus sustaining the constitutionality of the Walsh …