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Articles 1 - 23 of 23
Full-Text Articles in Law
The Distributive Foundation Of Corrective Justice, Hanoch Dagan
The Distributive Foundation Of Corrective Justice, Hanoch Dagan
Michigan Law Review
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …
Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review
Michigan Law Review
In an effort to provide employment for several hundred workers who had lost their jobs in an unsuccessful strike against Portland's two largest newspapers, the local printers' unions and several civic leaders organized the Portland Reporter Publishing Co. (Reporter) to publish a rival newspaper. The unions also formed the Rose City Development Co. (Rose City), which leased facilities and equipment to Reporter and subsequently made several emergency operating loans to it. These loans were secured by an agreement designating as collateral all of Reporter's previously unsecured accounts receivable, both present and after-accruing. This type of agreement -securing after-acquired property of …
The Realization Requirement And Tax Avoidance, E. George Rudolph
The Realization Requirement And Tax Avoidance, E. George Rudolph
Michigan Law Review
Consider, for a moment, the plight of G. E. Hall. During 1947 Hall incurred a gambling debt to the Las Vegas Club variously estimated at between 145,000 and 478,000 dollars. The debt came into the sole ownership of one Binion, a partner in the club, and was eventually settled by Hall transferring to Binion an undivided one-half interest in certain cattle located in Arizona and Montana. Thereafter, Hall and Binion engaged in the ranching business as partners. At this point the Internal Revenue Service came forward with a claim that Hall, in the course of this disastrous chain of events, …
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.
Michigan Law Review
In 1956 plaintiff corporation brought a private antitrust action against various persons and corporations in a federal district court in Pennsylvania. Service was made upon defendant corporations by means of alias summonses in New York where they were amenable to suit. Since defendant corporations were not inhabitants of, "found," or transacting business in Pennsylvania, venue was improper there and the extraterritorial service of- process provision of the Clayton Act was not available to plaintiff. Defendant corporations moved to dismiss for lack of in personam jurisdiction. Instead, however, the court, invoking section 1406(a) of the Judicial Code, transferred the action in …
Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb
Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb
Michigan Law Review
Taxpayer received assistance from a labor union while he was participating in a strike called by the union. The area in which he lived had become a distressed area as a consequence of the strike, and the union had established a general program of aid for strikers with no other source of income. Both before and after he joined the union payments were made to taxpayer under this program. Taxpayer sued for a refund of the income tax he payed on the value of the assistance so received, and the jury returned a verdict in his favor, finding the payments …
Priorities: Ii, Edgar N. Durfee
Priorities: Ii, Edgar N. Durfee
Michigan Law Review
This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.
Priorities, Edgar N. Durfee
Priorities, Edgar N. Durfee
Michigan Law Review
Among those of Edgar Durfee's colleagues who were familiar with this paper it came to be known as "Little Nemo," for a reason that will become apparent to the reader. It is taken from his mimeographed Cases on Security, third edition, published in 1938. Possibly it was published earlier but there is a gap in the evidence. It did not appear in the first edition published in 1934 but no copy of the second edition has been located. In a few places its age shows, for example in the reference to Walsh as the author of the most recent …
Taxation - Inheritance Tax - Transfers Subject To Take Effect At Or After Death, Harvey A. Howard S.Ed.
Taxation - Inheritance Tax - Transfers Subject To Take Effect At Or After Death, Harvey A. Howard S.Ed.
Michigan Law Review
Decedent was a participant in a company profit-sharing savings and retirement trust. Under the terms of the plan, the company made deposits with a trustee on an annual basis and relinquished the right to recapture or impair the fund for its own use or benefit. The contributions were to be held for ten years with accrued interest, and then were to be distributed to the employees in three annual instalments. Should an employee leave the company, he was entitled to his share in three instalments; in the event of retirement or illness he was to receive his entire share in …
Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.
Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.
Michigan Law Review
In an action for rescission for transfer of patent rights, for breach of warranty of title and fraud, a pretrial examination of defendant's agent, as one familiar with facts concerning the transfer, was ordered by the court. Defendant objected to certain questions on the ground that the agent was in the status of attorney to defendant and that the matters in question were confidential communications protected from disclosure by the common law and statutory attorney-client privilege. The agent was a patent agent duly registered and authorized to practice as such before the United States Patent Office, but was not admitted …
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Michigan Law Review
Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Real Property-Notice-Recitals In Unrecorded Deeds In Chain Of Title, James S. Taylor
Michigan Law Review
The plaintiff, Eiring, owner of all rights in a tract of land, attempted to convey certain mineral rights to Earnest by deed. The alleged rights passed from Earnest by subsequent mesne conveyances to McMillan, and, on the death of McMillan, to the defendant as trustee. Eiring brought an action against the defendant in statutory trespass to try title to the land. In the deed from Eiring to Earnest blank spaces were left in the granting clause. Held, the blank spaces rendered the deed void, and the deficiency was not cured by reference to another indefinite deed. After holding this, …
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher
Michigan Law Review
During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …
Bankruptcy-Set-Off-Bank Deposits, A. E. Anderson S.Ed.
Bankruptcy-Set-Off-Bank Deposits, A. E. Anderson S.Ed.
Michigan Law Review
Endorsers of a corporation's notes caused the corporation to make deposits in the payee bank in the regular course of business, knowing the corporation to be insolvent, and the bank took over the deposits within four months of adjudication in bankruptcy. It was contended that under the amended definition of "transfer" as set out in section 1 (30) of the Bankruptcy Act of 1938, this transaction resulted in a voidable preference to the endorsers under section 60. The trial court rejected this contention. On appeal, held, affirmed. Although the 1938 amendment gave a broader significance to the term "transfer" …
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Habeas Corpus-Federal Courts-May Application For Habeas Corpus Addressed To One Federal Judge Be Heard By Another Judge Of The Same Court?, G. R. Thornton
Michigan Law Review
Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of …
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Michigan Law Review
A executed an instrument without the formalities of a will, transferring securities to B. It was provided therein that B should hold, manage, sell, and invest according to A's written directions, and should retransfer to A if A so directed. A further reserved the right to alter the "ultimate beneficiary" and also to terminate the trust on notice to B, in which event B should retransfer to him securities and investments as well as net income otherwise payable to A at fixed intervals during A's life. On A's death, the trust was to become absolute …
Taxation - Annuity Contracts - Federal Estate Tax, Charles J. O'Laughlin
Taxation - Annuity Contracts - Federal Estate Tax, Charles J. O'Laughlin
Michigan Law Review
The decedent purchased several single-premium annuity contracts, the annuity payments to be made to her for life, and after her death to a designated second annuitant for life. The Board of Tax Appeals ruled that the policy should not be taxed as a transfer to take effect at death. Held, on appeal, the interest passing to the second anuitant at the death of the decedent should be included in decedent's gross estate under the federal estate tax, since it falls within the provision taxing transfers intended to take effect in possession and enjoyment at or after the death of …
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment that the person to whom its insured had transferred his automobile was not protected by the policy for damages caused to others, such transfer without the consent of the plaintiff being contrary to the terms of the policy. Held, that since by statute the insurer was made directly liable to the injured party, plaintiff was not entitled to a declaration of noncoverage, since it could not isolate one defense and try it in advance, leaving undecided issues involving the negligence of the person to whom the automobile was transferred. New Amsterdam Casualty …
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Damages - Effect Of Defendant's Tender Of Specific Restitution Upon Plaintiff's Action To Recover The Value Of Property, William H. Kinsey
Michigan Law Review
A person who has appropriated the land or chattels of another may prefer to return the subject matter rather than be held liable for its money equivalent in a law suit brought by the rightful owner. Whether the appropriator will improve his position by tendering specific restitution presents an interesting question. Because of the numerous remedies at the owner's disposal, it is impossible to formulate a single, concise answer.
The Impact Of The Law Of Powers Upon Our Internal Revenue Laws, Montgomery B. Angell
The Impact Of The Law Of Powers Upon Our Internal Revenue Laws, Montgomery B. Angell
Michigan Law Review
An interesting difference in view has arisen recently in the halls of the Harvard Law School on the use of powers of appointment under the federal estate tax act. One view is that the chief efficacy today of the power of appointment lies in its capacity for use in tax evasion, which should be corrected. The other view is that there is a salutary tendency toward using sensible and flexible powers of appointment, which should be encouraged in meeting changing and difficult family situations, but which would be checked were the former view accepted. Thus we find here the age-old …
Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson
Bankruptcy - Rights Of Trustee As Against Mortgagee Under Mortgage Containing After-Acquired Property Clause, Charles D. Johnson
Michigan Law Review
A mortgage, containing an after-acquired property clause which described specifically many kinds of property which should pass under it when acquired, was given to bondholders as part of a refunding mortgage. Several mortgages were subsequently executed to the mortgagees covering some of the after-acquired property. After the intervention of bankruptcy a dispute arose between the mortgagees and the trustee over the right to possession of certain property not covered by the later mortgages and in the possession of the bankrupt at the time of the adjudication. Held, under section 47a(2) of the Bankruptcy Act, the trustee takes the property …
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Rescission - Constructive Trusts - Tracing Misappropriated Funds, Eugene T. Kinder
Michigan Law Review
Defendant, president of plaintiff corporation, misappropriated over $1,000,000 in corporate funds, investing $79,000 thereof in government bonds. With the proceeds from these bonds, defendant set up two corporations, all the capital stock of which was owned by defendant's son and was purchased with plaintiff's money. One Greenslade was hired by defendant, and paid with a part of the misappropriated funds, to experiment with locomotive staybolt testing devices. As a result of the experimentation, Greenslade invented and patented several devices, transferring ownership thereof to one of the two corporations. In a prior action, brought without knowledge of the disposition of the …
Contracts - Assignment - Authority To Pay Out Of A Particular Fund, Michigan Law Review
Contracts - Assignment - Authority To Pay Out Of A Particular Fund, Michigan Law Review
Michigan Law Review
Plaintiff had a contract to receive a commission from the defendant based on the number of shares of stock sold by the defendant. Plaintiff subsequently made an agreement with Gray in which it was stipulated, "that the first $2,500 received by the said George Allardyce [plaintiff] shall be given to John C. Gray, and the said George Allardyce hereby gives the said Dart & Company [defendant] authority to issue a check to John C. Gray in that amount." Because the state securities commission authorized fewer shares of stock for sale than was anticipated, plaintiff's commission amounted to only $2,250. Defendant's …
Contracts - Wills - Third Party Beneficiary Contract As Testamentary Disposition, Harold M. Street
Contracts - Wills - Third Party Beneficiary Contract As Testamentary Disposition, Harold M. Street
Michigan Law Review
The defendant executed a bond and mortgage to one Catherine McCarthy Jackman. Subsequently the parties entered into an extension agreement wherein it was provided that in the event of the death of the mortgagee prior to the .maturity of the mortgage, the interest and principal were to be paid one-half to a brother of the mortgagee and one-half to the heirs of a deceased sister. After the death of the mortgagee prior to the maturity of the mortgage, the plaintiffs (the brother and heirs of the deceased sister) claimed a right to the payment of interest as third party beneficiaries. …