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Articles 31 - 60 of 151
Full-Text Articles in Law
Unemploymenet Compensation - Disqualification - Employee's Refusal To Discuss Alleged Communist Party Membership With His Employer Constitutes Misconduct Connected With His Work, Joel N. Simon S.Ed.
Unemploymenet Compensation - Disqualification - Employee's Refusal To Discuss Alleged Communist Party Membership With His Employer Constitutes Misconduct Connected With His Work, Joel N. Simon S.Ed.
Michigan Law Review
Claimant was discharged after he refused to explain or deny charges of Communist Party membership, made against him before a congressional committee, at a hearing conducted by his employer, a private contractor engaged in defense work. The Unemployment Compensation Board of Review rejected his claim for unemployment compensation benefits upon a finding that this refusal constituted "willful misconduct connected with his work." On appeal, held, affirmed. An employee's refusal to discuss alleged Communist Party membership with his employer, who is engaged in defense work, creates doubt as to his loyalty and jeopardizes his employer's defense contracts. His consequent discharge …
Oppenheim: Federal Antitrust Laws, Cases And Comments (Second Edition), Carl H. Fulda
Oppenheim: Federal Antitrust Laws, Cases And Comments (Second Edition), Carl H. Fulda
Michigan Law Review
A Review of Federal Antitrust Laws, Cases and Comments (Second Edition). By S. Chesterfield Oppenheim, assisted by Richard W. Pogue.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii
Michigan Law Review
The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.
International Conflict Of Laws - Title To Chattels "Act Of State" Doctrine, John C. Peters S.Ed.
International Conflict Of Laws - Title To Chattels "Act Of State" Doctrine, John C. Peters S.Ed.
Michigan Law Review
In order to clarify the use of terms, a "confiscation" when used in this comment will mean an expropriation by a foreign state without compensation. This writer will not go into the question of what is considered fair compensation in international law. Nor will the present comment consider confiscations made in time of war or the question of extraterritorial expropriations.
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
Articles
On October 3, 1959, the law school of the University of Michigan will have completed a hundred years of functioning existence. A century earlier, on October 3, 1859, James Valentine Campbell delivered an address On the Study of the Law at the Presbyterian Church in Ann Arbor, officially opening the law department.
Centennial Observance, Marcus L. Plant
Centennial Observance, Marcus L. Plant
Articles
Preparations for the appropriate observance of the University of Michigan Law School Centennial were started more than two years in advance of the 100th anniversary date. The arrangements were planned and are being carried out by two committees. One is an alumni centennial committee of forty-five members selected so as to be representative of law school alumni in all areas of the country. The other is a committee of members of the law faculty.
Legal Education: Past, Present, Future, E. Blythe Stason
Legal Education: Past, Present, Future, E. Blythe Stason
Articles
For this Law School Centennial issue of the Journal, I am undertaking to offer, first, a retrospective view of legal education of the past generation, and, second, a speculative preview of the years that lie ahead. This is a task of no slight challenge, for legal education is a truly complex activity in a rapidly changing world. To present an evaluation of the past as well as a prediction for the future within the compass of a short article necessarily involves both brevity and careful selection of the features of the subject to be examined. Moreover, since I am principally …
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Michigan Law Review
A Review of Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt.
Impact Of Recent Tax Stimulants On Modest Enterprises, L. Hart Wright, Jerome B. Libin
Impact Of Recent Tax Stimulants On Modest Enterprises, L. Hart Wright, Jerome B. Libin
Michigan Law Review
The recession year 1958 found Congress in a mood to "aid and encourage small business" through more favorable tax treatment. The thrust of the ensuing legislation touched in varying degrees the whole life span of a modest enterprise, from organization through liquidation. The focus here, however, will be confined to a consideration of the practical impact of the recent statutory changes on the organizational and ordinary operational phases of such a business.
Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed.
Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed.
Michigan Law Review
Petitioner, Klor's, Inc., a retail electrical appliance store, brought a treble damage action against Broadway-Hale, a department store chain, and against ten appliance manufacturers, alleging conspiracy to restrain and monopolize commerce in violation of sections 1 and 2 of the Sherman Act. The complaint charged essentially that Broadway-Hale, which operated a store next door to Klor's, had been able by virtue of its great buying power to induce a concerted refusal to deal on the part of major appliance manufacturers, so that they would sell to Klor's only on highly unfavorable terms if at all. Respondents submitted affidavits which showed …
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
Michigan Law Review
Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Michigan Law Review
During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …
Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.
Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.
Michigan Law Review
On August 23, 1958 the President signed into law the most important piece of aviation legislation to come out of Congress in the past two decades. After several study groups had worked on the air safety problem, the President acted in February 1956 by appointing Edward P. Curtis as his Special Assistant for Aviation Facilities Planning. In May 1957 the now famous Curtis Report was submitted to Congress in which it was suggested that an independent aviation agency be set up by 1959. It took several major air tragedies, however, to awaken Congress and the nation to the need for …
Bankruptcy--Section 70c--Recent Reactions To Constance V. Harvey, George Sidney Buchanan Jr.
Bankruptcy--Section 70c--Recent Reactions To Constance V. Harvey, George Sidney Buchanan Jr.
Michigan Law Review
Renewed interest in section 70c has developed recently, primarily because of several significant decisions in the federal courts. It is the purpose of this comment to consider the impact of these developments on the power of the trustee to avoid otherwise valid security devices.
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Michigan Law Review
Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …
Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac
Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac
Michigan Law Review
Appellant imported from five countries iron ore which was stored at its processing plant and drawn upon to fill the current operational needs of the plant. When the ore arrived it was originally stored in stock piles containing a three-month supply. As needed, ores were conveyed from the stock piles to "stock bins," holding one or two days' supply and located in close proximity to the plant, from which the ores were used in the operation of the plant. The State of Ohio collected a personal property tax upon all the imported ore. In a companion case petitioner imported from …
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Michigan Law Review
Defendant, a licensed real estate broker, represented that he was exclusive agent for the sale of 72 acres of property. Plaintiff made him an offer to purchase at $4,000 per acre, but was later informed by defendant that the owner had rejected the offer, insisting on at least $5,000 per acre. Plaintiff then submitted an offer of $5,000 per acre, which defendant subsequently indicated that the owner had accepted. The deal was consummated with most of the papers handled through a third party employee of defendant. Plaintiff subsequently learned that defendant had never been the agent of the owner, had …
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Michigan Law Review
Plaintiff corporation leased its entire railroad property under a long-term lease subject to termination at the election of either party, or by breach of die lessee. The lessee agreed to preserve, replace, renew and maintain the property during the term and to return it upon termination "in at least as good condition as at the beginning of the term." Plaintiff, on the other hand, agreed to reimburse the lessee for all additions and betterments to the property which passed to him upon termination. The government disallowed plaintiff's claim for a tax refund based on its right to allow for depreciation, …
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Michigan Law Review
Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Michigan Law Review
The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.
Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney
Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney
Michigan Law Review
A Review of Responsibility of States for Unlawful Acts of Their Armed Forces. By Alwyn V. Freeman.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Vol. 8, No. 20, May 1, 1959, University Of Michigan Law School
Vol. 8, No. 20, May 1, 1959, University Of Michigan Law School
Res Gestae
•Michael Gaudet, General Counsel of Euratom, the European Common Market, and the European Coal and Steel Community Will be a Guest of the Law School •The Odd Lot Investment Club •Classification for the Law School Summer Session •George Kersten, Presiding Judge of Case Club •The Law Club Will Hold its "Last Fling of Spring" •The Senior Party •Sports and Fraternity News •1958 Quad •At the Flicks
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Michigan Law Review
A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …
Cohen, Robson & Bates: Parental Authority: The Community And The Law, Luke K. Cooperrider
Cohen, Robson & Bates: Parental Authority: The Community And The Law, Luke K. Cooperrider
Michigan Law Review
A Review of Parental Authority: The Community and the Law
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Michigan Law Review
The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …
Vol. 8, No. 19, April 24, 1959, University Of Michigan Law School
Vol. 8, No. 19, April 24, 1959, University Of Michigan Law School
Res Gestae
•Guido Casari Announces Election Results •Barbara Burger and Jerry Borden Were Announced as the Winners of the Campbell Competition and George Kersten was Named as Next Year's Presiding Judge •At the Honors Banquet Wednesday Night, Tom Kauper was Elected Editor in Chief of the Law Review •The Annual Broomfield Prize Essay Award Contest •The Senior Class Decided to Discontinue Plans for a Class Picture •A Law Club Picnic and Barbeque is Scheduled for Tomorrow •Fraternity News •At the Flicks
Vol. 8, No. 18, April 16, 1959, University Of Michigan Law School
Vol. 8, No. 18, April 16, 1959, University Of Michigan Law School
Res Gestae
•Mrs. Georgian A. Peavy, Director of the Lawyers Club Since 1954, Has Announced Her Resignation •SBA Elections Will be Held April 23rd •The Law School Will be the Host or the ALSA 6th Circuit Convention •The Finals of the Campbell Competition Will Take Place this Friday •The Faculty Committee has Approved the General Plan for a Film Depicting Legal Education at Michigan •The Faculty has Also Approved Publication of a Survey of Michigan Legal Education •Crease Ball is This Saturday •The Boll Weevils Will Entertain at the Law Club Jazz Party •All Odd Lot Investment Contest Entrants •Fraternity News •At …