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University of Michigan Law School

1962

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Articles 31 - 60 of 137

Full-Text Articles in Law

Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed Nov 1962

Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed

Michigan Law Review

Plaintiff filed a bill of complaint seeking to enforce a mechanic's lien for the clearing of eighty acres of land pursuant to an agreement with the owners. The bill alleged that plaintiff's lien was superior to a mortgage which, though prior in time of execution, had been recorded subsequent to the inception of the clearing contract. Defendant mortgagee demurred on the ground that land clearance did not qualify for a lien under the pertinent mechanic's lien statute which provided that "every ... person ... who shall do or perform any work or labor upon ... any building or improvement on …

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Vol. 13, No. 8, October 26, 1962, University Of Michigan Law School Oct 1962

Vol. 13, No. 8, October 26, 1962, University Of Michigan Law School

Res Gestae

•Davies Speaks on "Criminal Law Reform in England" •Larceny in Lawyers Club •Miscellaneous Morsels •At the Frat •Res Gestae Sports Staff Pix •At the Flicks •Quadsville Quotes

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Vol. 13, No. 7, October 23, 1962, University Of Michigan Law School Oct 1962

Vol. 13, No. 7, October 23, 1962, University Of Michigan Law School

Res Gestae

•Special Edition

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Vol. 13, No. 6, October 19, 1962, University Of Michigan Law School Oct 1962

Vol. 13, No. 6, October 19, 1962, University Of Michigan Law School

Res Gestae

•Sachs on Reapportionment •Watson Consultant in Gen. Walker Case •Criminal Law Reform in England •Tortfeasors Trounce Cookies •Army J.A.G. •Senior Pictures •Morsels Miscellaneous •Fraternally •Toastmaster Tidbits •Res Gestae Sports Staff Pix •At the Flicks •Quadsville Quotes

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Vol. 13, No. 5, October 12, 1962, University Of Michigan Law School Oct 1962

Vol. 13, No. 5, October 12, 1962, University Of Michigan Law School

Res Gestae

•Foreign Student Profiles •Probate Precautions •Law Club Picnic •Cook v. Cook •Law Club Speaker •Law Wives •Fraternally •Res Gestae Sports Staff Pix •At the Flicks •Quadsville Quotes

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Vol. 13, No. 4, October 5, 1962, University Of Michigan Law School Oct 1962

Vol. 13, No. 4, October 5, 1962, University Of Michigan Law School

Res Gestae

•The Ed Sullivan of the Law •Hunting Season Begins Monday •Barristers Society Taps •Meetings, Events, and Notices •Fraternities •Res Gestae Sports Staff Picks •At the Flicks •Quadsville Quotes

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Vol. 13, No. 3, September 28, 1962, University Of Michigan Law School Sep 1962

Vol. 13, No. 3, September 28, 1962, University Of Michigan Law School

Res Gestae

•Female Law Students •Note from the Lawyers Club •Psurfs at Full Strength •At the Frat •Res Gestae Sports Staff Picks •At the Flicks •Quadsville Quotes

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Vol. 13, No. 2, September 21, 1962, University Of Michigan Law School Sep 1962

Vol. 13, No. 2, September 21, 1962, University Of Michigan Law School

Res Gestae

Reed Explodes Ice Cream Myth •Vital Statistics •Off Season Election •He Who Blasts Last Blasts Best •Fraternally Speaking •T.V. Guide •The Law School Yearbook •Who's Who •At the Flicks

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Vol. 13, No. 1, September 14, 1962, University Of Michigan Law School Sep 1962

Vol. 13, No. 1, September 14, 1962, University Of Michigan Law School

Res Gestae

•Explanatory Note •New Faculty Members •The Wasteland •Attention Freshman •Campbell Competition and Junior Clerks •Res Gestae Staff Needs Reinforcements •Coming Events •At the Flicks

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Hurst: Law And Social Process In United States History, Robert S. Hunt Jun 1962

Hurst: Law And Social Process In United States History, Robert S. Hunt

Michigan Law Review

A Review of Law and Social Process in United States History. By James Willard Hurst.

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Labor Law-Collective Bargaining Agreements-Implied Limitation On Management's Right To Subcontract, A. Paul Victor Jun 1962

Labor Law-Collective Bargaining Agreements-Implied Limitation On Management's Right To Subcontract, A. Paul Victor

Michigan Law Review

During the existence of a collective bargaining agreement which included both exclusive recognition and union shop clauses but did not include a management prerogatives clause, defendant employer, without the consent of the plaintiff union, contracted out janitorial work which had previously been performed by three of its employees. Subsequently, these employees were laid off and the plaintiff's protest, though in compliance with all grievance procedures, was unsuccessful. Thereupon, the plaintiff sought declaratory judgment relief under section 301 of the Labor-Management Relations Act, alleging that the defendant had no right to subcontract work customarily performed on its premises by its employees …

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Congressional Repair Of The Erie Derailment, Leonard V. Quigley Jun 1962

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

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Federal Antitrust Law--Price Discrimination--Proof And Measurement Of Damages In Treble Damage Action, Richard A. Miller S.Ed. Jun 1962

Federal Antitrust Law--Price Discrimination--Proof And Measurement Of Damages In Treble Damage Action, Richard A. Miller S.Ed.

Michigan Law Review

Section 2(a) of the Robinson-Patman Act makes it unlawful for a seller to charge buyers who compete with each other different prices for commodities of like grade and quality. Price discrimination which violates this section operates to confer an unlawful benefit upon a favored buyer by making his costs of obtaining, using, or reselling the particular commodities involved lower than the similar costs of non-favored buyers and puts non-favored buyers at a competitive disadvantage to the extent that the difference in costs affects the ability of favored and non-favored buyers to compete with one another. If this wrongfully induced competitive …

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Taxation-Federal Income Tax-Transfers Of Mineral Rights In Soil Deposits As Lease Or Sale, Philip Sotiroff Jun 1962

Taxation-Federal Income Tax-Transfers Of Mineral Rights In Soil Deposits As Lease Or Sale, Philip Sotiroff

Michigan Law Review

Petitioner executed a written agreement with a contractor in 1954 whereby the contractor acquired the right to enter petitioner's land and extract sand and gravel for a fixed amount per cubic yard. This agreement was terminated in 1955 when the excavations had reached the desired level of street access. Petitioner had entered into a previous oral agreement in 1949 with a different party for the sale of the gravel on the same land down to the same elevation, but that party had not fully exploited the agreement. Petitioner claimed that the agreements were sales of sand and gravel in place …

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Trusts-Descent And Distribution-Wife's Forced Share And An Inter Vivos Trust, Fredric L. Smith Jun 1962

Trusts-Descent And Distribution-Wife's Forced Share And An Inter Vivos Trust, Fredric L. Smith

Michigan Law Review

Settlor had created an inter vivas trust, retaining income for life, right to revoke, and control over the investment. Upon settlor's death, plaintiff, settlor's wife, was to receive income for life, with gift over to settlor's children. Plaintiff elected to take against settlor's will in favor of a statutorily provided distributive share. Upon application for declaratory judgment the trial court declared the trust to be valid, but granted relief to plaintiff as to her distributive share out of the trust assets, and the court of appeals affirmed. On motion to certify, held, reversed. Since the trust is valid, title …

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International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed. Jun 1962

International Law-Soverign Immunity-The First Decade Of The Tate Letter Policy, John M. Niehuss S.Ed.

Michigan Law Review

On May 19, 1952, the State Department announced in the Tate Letter a new policy with regard to the filing of suggestions of immunity in suits against foreign sovereigns. The letter indicated that the Department would begin to follow a restrictive theory of sovereign immunity. This meant that it would file a suggestion of immunity if the case arose from acts of the foreign government or its agents which were of a purely governmental character (jure imperii), but would deny immunity in instances where the acts engaged in were of a commercial or proprietary nature which could be …

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Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar Jun 1962

Labor Law--Injunctions--Order Restraining Election Aboard "Flag-Of-Convenience" Vessel, Lee D. Powar

Michigan Law Review

Upon petition of the National Maritime Union, the National Labor Relations Board directed a representation election among all unlicensed foreign seamen employed by Empresa Hondurena de Vapores, S.A., aboard a Honduran-registered ship. Empresa, a Honduran corporation which is a wholly-owned subsidiary of the United Fruit Company, sought injunctive relief in a federal district court. The petition alleged that the Board's order violated treaty obligations, the Constitution of the United States and principles of international law. The Regional Director of the NLRB moved to dismiss, asserting that the district court lacked jurisdiction to enjoin such an order and that the Board's …

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Taxation-Federal Income Tax-Liquidation Distributions Entitled To Both Capital Gains Treatment And Foreign Tax Credit, Lloyd C. Fell Jun 1962

Taxation-Federal Income Tax-Liquidation Distributions Entitled To Both Capital Gains Treatment And Foreign Tax Credit, Lloyd C. Fell

Michigan Law Review

Plaintiff, Associated, is an American corporation whose wholly-owned subsidiary, Automatic, owned all the stock of Filcrest, a Canadian corporation. In 1954 all the assets of Filcrest were distributed to Automatic pursuant to a plan of complete liquidation, accomplished in accordance with Canadian law. In its 1954 consolidated return, plaintiff treated the gain realized on the Filcrest liquidation as a capital gain, and also claimed a foreign tax credit for any Canadian income, war or excess profits taxes which Filcrest had paid over the years to Canada on that part of the liquidation distribution which represented Filcrest's accumulated earnings and profits. …

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The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re Jun 1962

The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re

Michigan Law Review

Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …

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Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed. Jun 1962

Negligence-Res Lpsa Loquitur-Application To Medical Malpractice Actions: 1951-196, Peter D. Byrnes S.Ed.

Michigan Law Review

Res ipsa loquitur, "the thing speaks for itself," has been the subject matter of extensive legal literature since its inception almost a century ago. It is now well settled that res ipsa loquitur is no more than an inference of negligence from circumstantial evidence. The doctrine is applicable if an act or occurrence is of the type that ordinarily would not take place without negligence, assuming the plaintiff has himself been passive, and if the instrumentality causing the harm is within the exclusive control of the defendant. The application of res ipsa loquitur to the medical malpractice area has …

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Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg Jun 1962

Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg

Michigan Law Review

Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …

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Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr. Jun 1962

Federal Procedure-Appellate Practice-"Excusable Neglect" In Failing To Perfect Criminal Appeal Provides No Ground For Collateral Review Of Conviction, H. C. Snyder Jr.

Michigan Law Review

After the ten-day period for filing a notice of appeal from a federal criminal conviction had expired, defendant filed a motion under section 2255 of the Judicial Code to set aside his sentence under a conviction for armed robbery. The motion was based on the improper admission of a confession given during an allegedly unlawful detention. The district court denied the motion on the ground that the error asserted did not amount to a denial of a constitutional right and that only constitutional defects are subject to attack after the time for an appeal has expired. The District of Columbia …

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Taxation-Federal Income Tax-Worthless Debt Of Corporation Deductible Only As A Nonbusiness Bad Debt By Creditor-Partnership, Larry W. Waggoner Jun 1962

Taxation-Federal Income Tax-Worthless Debt Of Corporation Deductible Only As A Nonbusiness Bad Debt By Creditor-Partnership, Larry W. Waggoner

Michigan Law Review

A partnership formed for the purpose of holding and renting real estate and "such other business and enterprises" as might be agreed upon by the partners loaned 120,000 dollars to a corporation which manufactured liquid hair spray for women. This was the only loan the partnership had made. The controlling shareholder in the debtor-corporation was another corporation of which every shareholder was either a parent or grandparent of the partners. The debtor-corporation was to repay the loan in monthly installments of 3,000 dollars plus interest at the rate of twelve percent on the unpaid balance. When the debt became worthless, …

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Vol. 12, No. 13, May 18, 1962, University Of Michigan Law School May 1962

Vol. 12, No. 13, May 18, 1962, University Of Michigan Law School

Res Gestae

•Joiner on Con-Con •Faculty Odysseys •Sports •At the Flicks

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Vol. 12, No. 12, May 11, 1962, University Of Michigan Law School May 1962

Vol. 12, No. 12, May 11, 1962, University Of Michigan Law School

Res Gestae

•Operation Bar Leadership •PhiD Banquet Attracts Police Commissioner Edwards •Lawyers Club Tradition Challenged •Recent Events •Seniors •Over the Weekend •Fraternal •At the Flicks

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Vol. 12, No. 11, May 4, 1962, University Of Michigan Law School May 1962

Vol. 12, No. 11, May 4, 1962, University Of Michigan Law School

Res Gestae

•Nation Moot Court Team Selected •An Open Letter to the Indiscreet •You Scream! I Scream!! •Judge Advocate of the Navy to Visit Law School •Editorial Note •You Can Still Get 'Um

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The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis May 1962

The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis

Michigan Law Review

When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …

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Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse May 1962

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …

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Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar May 1962

Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar

Michigan Law Review

A complaint issued by the National Labor Relations Board charged respondents, an employer and two labor unions, with illegally maintaining a closed or preferential shop. Following the issuance of the complaint, a settlement agreement was reached in which respondents stipulated to waive a hearing and all other proceedings to which they might be entitled under the National Labor Relations Act or under rules and regulations of the Board. Respondents also consented to the entry of a broad cease-and-desist order and a subsequent decree in which they were ordered to refrain from unlawful preferential hiring arrangements with each other, or with …

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Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton May 1962

Federal Antitrust Law-Sherman Act-Resale Restrictions In Agreements Between Manufacturer And Distributors, S. Anthony Benton

Michigan Law Review

Defendant, a manufacturer of heavy trucks, entered into agreements with its wholesale distributors and retail dealers whereby the distributors and dealers agreed to resell defendant's trucks at prices fixed by defendant. They also agreed to restrict their sales to customers located within the territories designated by defendant and to allow defendant to deal directly with all government accounts. The Justice Department, charging violation of sections I and 3 of the Sherman Act, brought a civil suit to enjoin defendant from continuing or renewing any of the aforementioned arrangements. On plaintiff's motion for summary judgment, held, motion granted. Vertical agreements …

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