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The Conflict Of Laws: A Comparative Study, Second Edition. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

The second volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1947. This new edition completes the plan to revise the first two volumes, as arranged with the approval of the author before his death on September 7, 1955. Pursuant to this plan, the present edition has been made possible through the continued support of the work by the University of Michigan Law School and the generous cooperation of the Max Planck-Institut für aüslindisches und internationales Privatrecht in Hamburg, in making available the competent services of a member of the staff of the Institut, …

American Enterprise In The European Common Market: A Legal Profile. Volume 2., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

American Enterprise In The European Common Market: A Legal Profile. Volume 1., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

The Evolution Of British Planning Legislation, Beverley J. Pooley

Michigan Legal Studies Series

A part of the Legal Problems of Metropolitan Area Studies series by the Legislative Research Center of the University of Michigan Law School. Excerpt from the foreword by William J. Pierce, Director, Feb 2 1960:

This study, by Beverley J. Pooley, is the first in a series of monographs which will be published by the Center. It deals with the problems which have confronted British legislators and with the resultant Parlimentary enactments-- particularly in the post World War II era. This topic is necessarily broad, and therefore this monograph contains little detailed legal analysis of the various acts. Rather, the …

Fraud On The Widow’S Share, W. D. Macdonald

Michigan Legal Studies Series

This study seeks the answer to a troublesome question: What should be done about gratuitous inter vivos transfers in alleged "evasion" of the widow's statutory share? My thesis is that the statutory share should be replaced by the type of decedent's family maintenance legislation found in the British Commonwealth, and that this legislation should be buttressed with anti-evasion provisions. Inter vivos "evasions" seem to be a permanent and increasingly serious concomitant of our forced share system. Part I, dealing with matters of policy, explores the chief aggravating factors. These factors include the high rate of remarriage, which induces transfers to …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse

Michigan Legal Studies Series

The method of approach and arrangement of materials are developed during the course of the monograph. Therefore, it is not necessary to repeat them here. The purpose of the study is twofold. First, it should provide background material for constitutional revision. Second, it should aid counsel and court in deciding cases arising under existing constitutional limitations and state legislatures in drafting tax measures in such a way that pitfalls in existing limitations are avoided. The greater part of this monograph was prepared during a two year period from June 1951 to 1953, while I was a Research Assistant with the …

Legal Education At Michigan, 1859-1959, Elizabeth G. Brown

Books

First opening its doors in 1859, the University of Michigan Law School has now accumulated a full century of experience in educating young men and young women for the practice of law. Two years ago, the law faculty, taking note of the approach of the Centennial year, established a research project under the financial auspices of the William W. Cook Endowment Fund, in order to engage in a serious study of all aspects of the school's activities down the years, and to prepare a complete and definitive report on this first century of history. In charge of the project and …

Collective Bargaining And The Law, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the Law School of The University of Michigan, as a part of its program of public service, has sponsored a series of summer institutes to provide a medium for high-level discussion of legal problems in areas of public concern. In 1950 the subject of the Summer Institute was "The Law and Labor-Management Relations." In 1958 it seemed desirable again to turn to this important field, and the subject selected was "Collective Bargaining and the Law."

The 1958 Institute brought together a distinguished group of experts in labor relations law and produced a series of papers and comment which, …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were approved …

The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel

Michigan Legal Studies Series

With this fourth and final volume, the monumental survey of existing systems of conflicts law, initiated by the late Ernst Rabel in 1939 under the auspices of the American Law Institute but conducted after 1942 through the generous sponsorship of the University of Michigan Law School, is completed. It is most fortunate that, despite the fact that the present volume was prepared in various institutions during the years immediately preceding the author's death on September 7, 1955, he not only finished but also revised the proofs of the text; the various tables were later compiled at Ann Arbor.

Foreign Personal Representatives, Banks Mcdowell Jr.

Michigan Legal Studies Series

In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is …

Nonprofit Corporation Statutes: A Critique And Proposal, Ralph E. Boyer

Michigan Legal Studies Series

The nonprofit corporation has become an important factor in the social and economic life of the American people. The American predisposition to organization and affiliation has led to an enormous number of such organizations, which in itself is a significant factor. Further, many nonprofit corporations have become national and international entities yielding tremendous economic and political influence. In spite of these factors, however, these organizations have largely escaped the serious study and academic analysis so generously bestowed upon the regular business corporation. This study is directed at an analysis of the legal framework within which such organizations operate. Its aim …

International Law And The United Nations, University Of Michigan Law School

Summer Institute on International and Comparative Law

In June, 1955, the University of Michigan Law School held a six-day Summer Institute dealing with problems of international law and of the United Nations. This was the eighth in the series of annual Summer Institutes dealing with important problems in areas of public concern, often with particular emphasis upon the comparative or international law aspects involved. The 1955 Institute came at the time of the tenth anniversary of the signing of the United Nations Charter on June 26, 1945, and approximately a decade after the termination of hostilities in World War II. The growth of the United Nations during …

Workshops On Legal Problems Of Atomic Energy, University Of Michigan Law School

Summer Institute on International and Comparative Law

In 1952 the University of Michigan Law School, as a part of its summer session program, offered an Institute entitled "Industrial and Legal Problems of Atomic Energy. " The 1946 Atomic Energy Act, creating a virtually complete government monopoly, was then in effect, and private development of peaceful uses of atomic energy was for the most part merely a gleam in the eyes of a few forward-looking individuals. The 1952 Institute was devoted to the task of obtaining a preview of atomic affairs to come. The speakers on the program could do no more than look forward and speculate on …

Lectures On Communications Media Legal And Policy Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook

Integration Of Public Utility Holding Companies, Robert F. Ritchie

Michigan Legal Studies Series

The Public Utility Holding Company Act of 1935 was one of the most controversial pieces of legislation ever enacted by Congress, but despite this fact it has withstood numerous and vigorous attacks upon its constitutionality and, further, it has never been amended in any material respect. The Securities and Exchange Commission was confronted in 1935 with one of the most difficult administrative tasks in modern history. How it met and resolved the difficult problems of geographical and economic integration, arising under the so-called "death sentence" provisions of this Act, is the subject matter of this publication.

The research involved in …

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the …

Lectures On Federal Antitrust Laws, University Of Michigan Law School

Summer Institute on International and Comparative Law

The papers delivered at the 1953 Institute deal chiefly with current problems and policy questions under three major federal antitrust laws - the Sherman Act, the Federal Trade Commission Act, and the Clayton Act, including the Robinson-Patman Amendment. These statutes affect the daily operations of all sizes and types of American business. Judicial interpretations and the administration and enforcement of these laws involve both legal and economic criteria and tests of competition and monopoly. The Institute provided a forum for authoritative analysis of these aspects in order to create a better understanding of the antitrust laws as one of the …

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …

Lectures On Atomic Energy Industrial And Legal Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Since 1948 the University of Michigan Law School has, as a part of its program of public service, sponsored a series of Summer Institutes, intended to provide a medium for high-level discussions of important problems in areas of public concern. The Institutes held in previous years are as follows:

• The First Summer Institute, July 15-23, 1948, "Current Problems in International Law"
• The Second Summer Institute, August 5-21, 1949, "Legal Problems of World Trade"
• The Third Summer Institute, June 26-July 1, 1950, "The Law and Labor-Management Relations"
• The Fourth Summer Institute, June 25-28, 1951, "Taxation of Business Enterprise"

The Fifth Summer …

Lectures On Taxation Of Business Enterprise, University Of Michigan Law School

Summer Institute on International and Comparative Law

The problems relating to the taxation of business enterprise cover a wide area. Economic considerations and policy problems, always present and always important, assume added significance in a crisis period marked by high budgets and the need for increased revenues. The interpretation and application of the tax laws, notably the federal income tax statutes, create problems as numerous as they are difficult and complex. Here is an area of interest that challenges the attention and interest of legislators, economists, lawyers, accountants, corporate executives and public administrators.

In its choice of the general theme for the 1951 Summer Institute and in …

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Our Legal System And How It Operates, Burke W. Shartel

Michigan Legal Studies Series

Five lectures delivered at the University of Michigan February 23, 24, 25, 26, and 27, 1948 on the Thomas M. Cooley Lectureship, enlarged and revised.

First, it is descriptive of the American legal system as it now exists, not of past law and not of legal systems in general. Second, it portrays the legal system as an operating institution. Third, I have given a large place to the discussion of language in relation to law. Fourth, I have given a considerable amount of space to a discussion of the ways in which statutes are made and interpreted. Fifth, technical ideas …

Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School

Summer Institute on International and Comparative Law

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …

Lectures On The Law And Labor-Management Relations, University Of Michigan Law School

Summer Institute on International and Comparative Law

The 1950 Summer Institute on International and Comparative Law recognized the great importance, all over the world, of the problems of labor-management relations and the accelerating pace of development of labor law. The Institute sought, through the techniques of lecture, comment, and panel discussion, to provide a basis for an informed appraisal of some of the most challenging questions in this area.

For the most part the program dealt with the problems arising in the attempt in the United States and in other countries to develop and apply legal standards to labor-management relations. Underlying the legal framework, however, are major …

The Conflict Of Laws: A Comparative Study. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

Among the multitude of conflicts principles that, according to various claims, should determine the law applicable to all contracts, only two have resisted the test of critical analysis. These, indeed, form an adequate groundwork. First, the freedom of parties to choose the law applicable to their contract must be recognized as a general rule without petty restraint. Second, in the absence of such agreement, a contract should be governed by the law most closely connected with its characteristic feature.

The first proposition is essential to the second. To deny party autonomy means rigid conflicts rules created by some superior authority. …

Survey Of Metropolitan Courts: Detroit Area, Maxine Boord Virtue

Michigan Legal Studies Series

It has long been recognized that the social problems of the city are something more than a mere multiple of the social problems of the rural community. The bigness of the metropolitan area breeds its own difficulties, which find no counterpart outside its borders. Only recently, however, have experts begun to suggest that this same uniqueness inheres in the problems of the organization of metropolitan courts.

Should the organization of the metropolitan court system differ from court organization elsewhere? How should it differ? Before these questions can be answered, we must know something of existing court organizations in metropolitan areas …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 2., Vladimir E. Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …

Soviet Civil Law: Private Rights And Their Back-Ground Under The Soviet Regime Comparative Survey And Translation Of The Civil Code; Code Of Domestic Relations; Judiciary Act; Code Of Civil Procedure; Laws On Nationality, Corporations, Patents, Copyright, Collective Farms, Labor; And Other Related Laws. Volume 1., Vladimir Gsovski

Michigan Legal Studies Series

For centuries, jurisprudence has been built up and developed in terms of a more or less comparable body of concepts: family, private ownership, individual rights, and the State, the necessity of which was challenged in the original program in the name of which the soviet government assumed the reins of power. What then is the fate under the soviet regime of the legal concepts thus far operative in all civilized societies? This book seeks to offer material for the answer to questions of this nature. The principal aim of the author has been to inquire into the legal protection and …