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Articles 1 - 20 of 20
Full-Text Articles in Law
Labor Law - Labor - Management Relations Act - Attempt To Institute Consumer Boycott As Unfair Labor Practice, George B. Berridge S.Ed.
Labor Law - Labor - Management Relations Act - Attempt To Institute Consumer Boycott As Unfair Labor Practice, George B. Berridge S.Ed.
Michigan Law Review
In attempting to induce certain employees of defendant, a manufacturer of bakery products, to join a bakery workers' union, the union and several labor councils picketed retail stores selling defendant's goods in Los Angeles. Placards carried by the pickets stated that defendant was non-union and on the 'We-do-not-patronize" list of various labor organizations. A California state court granted defendant a preliminary injunction against the picketing. Thereupon the National Labor Relations Board applied to federal district court for a preliminary injunction restraining defendant from invoking the injunction granted by the state court, claiming that since the unions' conduct was an unfair …
Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.
Aliens - Naturalization - Netural Aliens Who Sought Relief From Military Service Barred From Becoming United States Citizens, John Houck S.Ed.
Michigan Law Review
During World War II, an alien who was a citizen or a subject of a neutral country was allowed to escape service in the armed forces of the United States by signing Selective Service Form DSS 301. A release thus obtained carried with it a disability ever to become a citizen of the United States. A substantial number of neutral aliens availed themselves of this relief from military service. Today, the courts are faced with the problem of whether signing Form 301 shall in every case prevent the alien from becoming a citizen. It is the purpose of this comment …
Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.
Constitutional Law - Civil Rights Act - Civil Liability Of State Judicial Officers, John C. Hall S.Ed.
Michigan Law Review
In 1940 defendant, a state judge, granted an ex parte order transferring plaintiff, then a voluntary inmate of a Massachusetts school for the feeble-minded, to the Department of Defective Delinquents. Released on habeas corpus in 1951, plaintiff brought suit under the Civil Rights Act, claiming a denial of notice and hearing in violation of the due process clause of the Fourteenth Amendment. On appeal, held, a judge is not liable at common law or under the Civil Rights Act for acts done in the exercise of his judicial function. Francis v. Crafts, (1st Cir. 1953) 203 F. (2d) …
Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue
Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue
Michigan Law Review
Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Constitutional Law - State Action - Trade Union's Authority Is Not Derived From The State, S. I. Shuman S.Ed.
Michigan Law Review
Plaintiffs claimed that defendant union and defendant company conspired to discriminate against Negro cab driver employees by means of a working regulation intended to compel plaintiffs to pick up passengers only in wards inhabited primarily by Negroes. Two bases for original jurisdiction in federal court were advanced. First, it was contended that the cause of action involved more than $3,000 and arose under the laws of the United States because the bargaining power of the union was conferred upon it by the National Labor Relations Act. Second, it was maintained that the Civil Rights Act vested jurisdiction, on the ground …
Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..
Civil Procedure - Judgments - Res Judicata Effect Of Declaratory Judgments, Robert G. Russell S.Ed..
Michigan Law Review
In a former action brought pursuant to the Colorado Declaratory Judgment Act, plaintiff was declared to have the right to use a certain roadway as dedicated and defendant was enjoined from interfering with or obstructing plaintiff's use of the same. Thereafter, plaintiff brought the present action to recover damages allegedly resulting from defendant's blockading of the road prior to the bringing of the former action. On appeal from a judgment for plaintiff, held, reversed. Where, as here, the damages were antecedent and might with propriety have been determined in the same proceeding in which the declaratory judgment alone was …
Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.
Constitutional Law - Congressional Powers - Validity Of The 1951 Gamblers' Occupation Tax Act, James W. Callison S.Ed.
Michigan Law Review
The Revenue Act of 1951 levied a tax on persons engaged in the business of accepting wagers, requiring such persons to register their names and places of business and residence with the Collector of Internal Revenue. The act also required the disclosure of the name and address of each person receiving wagers for the registrant, or, if the registrant himself received wagers for another, the name of that person. Violations of the act were punishable by fine and imprisonment. Defendant was indicted for willful failure to register and pay the tax. The district court granted defendant's motion to dismiss on …
Sales - Uniform Trust Receipts Act - Strict Requirement Of Accuracy In Designating Trustee In Filing Under The Act, John W. Hupp S.Ed.
Sales - Uniform Trust Receipts Act - Strict Requirement Of Accuracy In Designating Trustee In Filing Under The Act, John W. Hupp S.Ed.
Michigan Law Review
Plaintiff and E. R. Millen Co., Inc., entered into a financing arrangement whereby plaintiff agreed to finance the wholesale purchase of various types of electrical appliances by E. R. Millen Co., Inc. Plaintiff promptly recorded a statement of trust receipt financing setting forth that the plaintiff "is or expects to be engaged in financing under trust receipt transactions the acquisitions by the trustee, E. R. Millen Company." The statement then designated the trustee's business address. This trust receipts arrangement was in operation for about a year when E. R. Millen Co., Inc., made a general assignment of all of its …
Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.
Constitutional Law-Equal Protection-Validity Of State Restraints On Alien Ownership Of Land, Alfred W. Blumrosen S.Ed.
Michigan Law Review
In the short period of five years, action on three governmental fronts has solved one problem of state legislation which seemed to violate a basic premise of the equal protection clause of the Fourteenth Amendment. Congress, the Supreme Court and the courts of last resort of two states have acted to destroy the effectiveness of state laws which prohibited ownership of land by aliens ineligible for citizenship. These laws incorporated whatever classification Congress established for naturalization purposes into state statutes determining rights to own land. This process has resulted in recent years in discrimination against Orientals, particularly Japanese. The purpose …
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Labor Law-Labor-Management Relations Act-Emergency Strike Provisions, Walter H. Weiner S.Ed.
Michigan Law Review
Suit by the United States, under authority of the National Emergency provisions of Title II of the Labor-Management Relations Act, to enjoin a strike in a single plant engaged in the manufacture of pipe used in the construction of atomic energy plants. The district court granted an injunction, and the labor organizations adversely affected thereby appealed. Held, affirmed. The threatened strike would have affected a substantial part of the atomic weapon industry and would have imperiled the national safety. United States v. United Steelworkers of America, C.I.O., (2d Cir. 1953) 202 F. (2d) 132.
Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.
Labor Law-Labor-Management Relations Act-Effect Of Affirmative Deauthorization Vote Upon Existing Union-Shop Contract, Richard D. Rohr S.Ed.
Michigan Law Review
One month after the employer and the union entered into a two-year contract containing a union-shop provision, a group of employees filed a petition under section 9(e)(1) of the NLRA as amended in 1951 seeking an election to rescind the union's authority to make a union-shop agreement. The union argued (1) that the contract was a bar to the election and (2) that even if an immediate election was ordered and an affirmative deauthorization vote cast, the existing union-shop clause should be held effective during the remainder of the contract term. The Board ruled, 3/2, that section 9(e)(1) as …
Constitutional Law-Relation Between State And Federal Governments, J. David Voss
Constitutional Law-Relation Between State And Federal Governments, J. David Voss
Michigan Law Review
Plaintiffs, employees of a United States Naval Ordnance Plant located in an area of exclusive federal jurisdiction within the State of Kentucky, sued in a state court for a declaratory judgment that a license tax on the privilege of working in the City of Louisville, measured by a percentage of all salaries, wages and commissions earned within the city, was not applicable to them. Defendants' demurrer was overruled, and the collection of the tax enjoined. The Kentucky Court of Appeals reversed, and judgment was entered for the defendants. The court of appeals affirmed. On appeal to the United States Supreme …
Corporations-Power Of Legislature To Revive Corporate Charter, John S. Slavens S.Ed
Corporations-Power Of Legislature To Revive Corporate Charter, John S. Slavens S.Ed
Michigan Law Review
Defendant, a New York corporation, was engaged in operating steamboats for sightseeing purposes below Niagara Falls. Defendant was incorporated in 1892 for a term of fifty years, the maximum then permitted by statute. Through inadvertence the charter was not renewed in 1942. The corporation continued in its regular course of business, and in 1947 when the oversight was discovered, the board of directors, with the approval of three-fourths of the shareholders, immediately revived the corporation under a statutory provision enacted in 1944. Plaintiffs, shareholders of the corporation, claimed that application of the provision was an unconstitutional deprivation of their rights …
Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed
Legislation-Invalidity Of Statutes Framed In Vague Terms, Richard W, Pogue S.Ed
Michigan Law Review
Defendant, president of a corporation which processes apples for shipment in interstate commerce, was convicted of violating §301(f) of the Food, Drug, and Cosmetic Act. That section prohibits "the refusal to permit entry oi inspection as authorized by section 704"; section 704 authorizes federal officers, "after first making request and obtaining permission of the owner, operator or custodian" of the factory "to enter" and "to inspect" the establishment "at reasonable times." Federal authorities requested permission to enter and inspect defendant's factory at reasonable hours, but permission was refused. This refusal was the basis of the conviction. The Court of Appeals …
Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman
Constitutional Law-Due Process-Vague And Indefinite Statute, S. I. Shuman
Michigan Law Review
The Food, Drug, and Cosmetic Act by section 301(f) prohibits a factory operator from refusing to permit entry and inspection as provided by section 704. Violation of section 301(f) is made a misdemeanor by section 303(a). Section 704 authorizes persons "duly designated by the Administrator, after first making request and obtaining permission of the . . . operator" of the factory, "to enter" and "to inspect" at "reasonable times." Defendant was convicted by the district court for violating section 301(f), having refused permission to authorized persons to enter and inspect at a reasonable time. The court of appeals reversed, on …
Advancements: I, Harold I. Elbert
Advancements: I, Harold I. Elbert
Michigan Law Review
The purpose of this monograph is to consider the afore-mentioned topics and other questions inherent in the doctrine of advancements. Different interpretations in the various states will be discussed. The principal objectives of the work are to make a comparative study of advancement legislation and to state the law as it actually exists as a basis for determining whether it can be improved.
Obtaining The Gift Tax Exclusion On Gifts In Trust: Drafting And Legislative Suggestions, Zolman Cavitch
Obtaining The Gift Tax Exclusion On Gifts In Trust: Drafting And Legislative Suggestions, Zolman Cavitch
Michigan Law Review
The purposes of this article are to outline the "future interest" pitfalls in the use of various conventional trust provisions, to explore remedial drafting possibilities even under the present law, and to suggest a statutory amendment which will eliminate the fundamental defects of the present poorly-drafted law.
Comparative Negligence, William L. Prosser
Comparative Negligence, William L. Prosser
Michigan Law Review
It is the purpose of this article to inquire, so far as possible, into the actual operation of the damage apportionment statutes, and to offer some conclusions as to the most desirable form of act for any legislature about to set forth upon these relatively uncharted seas.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.
Michigan Law Review
A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …
Retroactive Legislation Affecting Interests In Land, John Scurlock
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 …