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- Erie R.R. v. Tompkins (2)
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Articles 1 - 5 of 5
Full-Text Articles in Law
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Michigan Law Review
Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman
Michigan Law Review
The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.
Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss
Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss
Michigan Law Review
In accordance with a scheme of federal ship inspection, appellant possessed certificates which permitted its ships to operate on the Great Lakes and which specified the type of boiler which might be used. While two of its ships were docked in Detroit, smoke was emitted from their boilers in violation of the minimum density and duration requirements of the Detroit Smoke Abatement Code. The equipment which appellant was then using made compliance with the ordinance impossible. When criminal proceedings were instituted against appellant, it brought an action to enjoin the City of Detroit from enforcing the ordinance on the theory …
Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas
Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas
Michigan Law Review
County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the …
Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.
Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.
Michigan Law Review
Plaintiff attorney was retained by a Spanish seaman to prosecute personal injury claims under the Jones Act and the general maritime law. Defendant shipping company induced the seaman to fire his lawyer and to recover instead under his Spanish employment contract. Plaintiff sued the shipping company in tort for interference with contractual relations. In a federal diversity suit, held, for plaintiff. Federal common law should be applied to determine the validity of the contract and the claim of tortious interference with it. Greenberg v. Panama Transp. Co., 185 F. Supp. 320 (D. Mass. 1960).