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Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 11, No. 3, October 27, 1961, University Of Michigan Law School

Res Gestae

•"A Real Case of Murder" •National Moot Court Team to Present a Model Argument •Professor Kennedy, Creditors' Rights Expert, Joins the Faculty •Board of Governors Approves S.B.A. Law Club Merger •TERs Initiate New Members •PhiDs' "Day Break Party" •Res Gestae Sports Staff Picks of the Week •At the Flicks

Vol. 11, No. 2, October 20, 1961, University Of Michigan Law School

Res Gestae

•Tonight - John S. Tennant, U.S. Steel Chief Counsel Speaks - Tonight •Thomas M. Cooley Lectures Now in Progress •Who Was Thomas M. Cooley? •Oklahoma Arbitration Expert Visits for One Semester •Board of Governors Meets Saturday Morning •Res Gestae Announcements •Quad Bites the Dust •Fraternity News •At the Flicks •Res Gestae Sports Staff Picks of the Week •Weather

Vol. 11, No. 1, October 13, 1961, University Of Michigan Law School

Res Gestae

•Chief Counsel of U.S. Steel to be Guest of Law Club •There Have Been Some Changes Made •Law Wives Roll On •Enrollment Up •Non-Residents Eligible for Club Sports •Openings on Res Gestae Staff •JAG Meeting •Placement Office Active •At the Fraternities •At the Flicks

Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz

Michigan Law Review

When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …

Federal Antitrust Laws - Exclusive Dealing - Standards Of Illegality Under Section 3 Of The Clayton Act, Judd L. Bacon S. Ed.

Michigan Law Review

In a recent treatment of exclusive dealing arrangements, Tampa Elec. Co. v. Nashville Coal Co., the Supreme Court enunciates with some care the standards to be applied in judging the legality of requirements contracts under section 3 of the Clayton Act. This comment analyzes the merits and the impact of this needed clarification of a controversial area of antitrust law.

Exclusive marketing arrangements manifest themselves in various forms, and it is not uncommon to find more than one variety in a given contract. This inquiry, however, will be restricted largely to full requirements contracts, obligating a buyer to purchase …

Trusts And Estates -- Pour-Over Wills -- Bequest To Subsequently Amended Trust Upheld Under Doctrine Of Independent Significance, David Finkleman

Michigan Law Review

Testator created an inter vivos trust, reserving a power to amend or revoke. Thereafter, he executed his will which left the residue of his estate to the trustee to be used according to the terms of the trust. Subsequently, testator executed an unattested instrument which altered the beneficial interests in the trust property. At testator's death, his executor petitioned the probate court for instructions whether the residue passed according to the trust's original terms, its amended terms, or whether the bequest failed, resulting in intestacy. On certification to the Supreme Judicial Court of Massachusetts, held, there was an effective …

American Bar Foundation: Model Business Corporation Act Annotated, Norman D. Lattin

Michigan Law Review

A Review of Model Business Corporation Act Annotated. American Bar Foundation.

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.

The Investigatory Powers Of The Comptroller General Of The United States, Gustave M. Hauser

Michigan Law Review

This article examines the statutory responsibility and authority of the Comptroller General to investigate executive action for the purpose of determining whether the legitimacy of his requests for information may be challenged by the executive branch on statutory as well as on constitutional grounds.

Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.

Michigan Law Review

A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …

Bills And Notes-Payees By Impersonation And By Assumption Of A Name-Drawer's Intent And Commercial Policy, Stuart S. Gunckel S. Ed.

Michigan Law Review

Consider the following scheme for fraudulently obtaining money: A, a stranger to D, personally appears before D, represents himself as B and requests a loan. There is an existing person named B. For D's security a mortgage is produced in the name of B, but it has actually been penned by A. A check of the land records by D verifies that the land described in the mortgage is in fact owned by B. D, having satisfied himself as to the existence of B, draws a check payable to the …

Constitutional Law- Freedom Of Religion- Tuition Payments To Parochial Schools Violate Fourteenth Amendment, William S. Bach

Michigan Law Review

Because defendant school district did not maintain a high school within the school district, tuition payments were made, as provided by statute, to the high schools attended by pupils residing within the district. The parents of each student selected the high school to be attended. As a result of this program, some tuition payments were made to high schools operated by the Roman Catholic Church. Plaintiff taxpayer sought in a declaratory judgment a determination of the validity of tuition payments made to Catholic high schools under the United States Constitution and the Constitution of Vermont. The court of chancery held …

Labor Relations - Disputes And Concerted Activites - Right Of Employees Of A Public Corporation To Strike, Roger Harris

Michigan Law Review

The Los Angeles Metropolitan Transit Authority Act provides that "employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection." The Transit Authority brought this action to obtain a declaratory judgment that its employees did not have the right to strike. The trial court upheld its contention. On appeal, held, reversed, two justices dissenting. This statutory language has been uniformly construed to include the right to strike. Since …

Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle

Michigan Law Review

Plaintiff, an incorporated home for the aged, provided all essential medical care to one of its residents under the provisions of a life-care contract between it and the resident. On the basis of a contract clause which purported to subrogate plaintiff to the right of the resident to recover medical expenses caused by the negligence of third parties, plaintiff brought an action to recover certain medical expenses incurred from the party who was allegedly responsible for the injuries and death of the resident. The trial court sustained a demurrer to the complaint for failure to state a cause of action …

Regulation Of Business - Sec Rule X-10b-5 - Recovery By Corporation Fradulently Induced To Issue Shares, William S. Bach

Michigan Law Review

Defendants, Mountain States Securities Corporation and former officers of Consolidated American Industries, Inc., organized a dummy corporation, the Mid-Atlantic Development Company. The defendants drew a formal contract whereby Mid-Atlantic agreed to transfer worthless Cuban insurance company stock and equally valueless Honduran oil exploration rights to Consolidated in exchange for 700,000 shares of Consolidated stock. Consolidated's former secretary falsely certified a corporate resolution authorizing the issuance of the stock, and its former general counsel advised Consolidated's stock transfer agent that the transaction was exempt from SEC regulation. Acting on these representations, the transfer agent issued the Consolidated stock. Since at this …

Taxation - Federal Income Tax - Severance Damages To Real Property Are A Component Of Charitable Deduction, Michael M. Hughes

Michigan Law Review

The United States selected part of petitioners' estate for construction of a Nike missile base and began condemnation proceedings and negotiations for sale of the premises in lieu of condemnation. Upon failure of the parties to agree on a sale price, petitioners made a gift of the site and certain easements in adjoining land to the United States for so long as the site was used as a missile base. In their 1955 return petitioners claimed a charitable deduction of $69,782 as the fair market value, including severance damages to the remaining portion of their estate, of the property conveyed. …

Soverign Immunity - Suit For Specific Relief Against Federal Officers - United States Not A Necessary Part, Steven P. Davis

Michigan Law Review

Plaintiff, claiming right to possession, brought an ejection action in a Georgia court against both the government officer in possession of the land and the United States. Defendants removed the case to a United States district court and moved for dismissal. The district court granted defendants' motion to dismiss, holding that the court had no jurisdiction over the claim because the suit in substance and effect was against the United States and the United States had neither consented to be sued nor waived its immunity from suit. On appeal to the Court of Appeals for the Fifth Circuit, held, …

Taylor: Indonesian Independence And The United Nations, Durward V. Sandifer

Michigan Law Review

A Review of Indonesian Independence and the United Nations. By Alastair M. Taylor.

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 10, No. 25, May 19, 1961, University Of Michigan Law School

Res Gestae

•Our Man in Hutchins •Seniors •International Legal Studies •New Faculty Members •Cook's Inn Toastmaster's •Legal Profiles •Over the Weekend

Vol. 10, No. 24, May 12, 1961, University Of Michigan Law School

Res Gestae

•Our Man in Hutchins •Seniors •Conditions of Cook •Fraternity News •Over the Weekend

Vol. 10, No. 23, May 5, 1961, University Of Michigan Law School

Res Gestae

•Our Man in Hutchins •Justice Black •Fall Cooley Lectures •Clerkships •Seniors •Legal Profiles •Fraternity News •Over the Weekend

Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.

Michigan Law Review

Constitutional history from the 1857 Dred Scott decision to the 1954 Brown decision records "a movement from status to contract" for the American Negro. Although uncertainty clouds the definition of "state action," the civil rights of the Negro under the equal protection clause of the fourteenth amendment have been clearly established. The Negro citizen has arrived; the Negro minority group remains one of the gravest social problems of twentieth century America. De facto school segregation, limited economic opportunity, and inadequate housing are problems not solved by invocation of the fourteenth amendment or incantation of the Declaration of Independence. Solution, …

Copyright Of Textile Designs - Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Michigan Law Review

For decades textile designers have sought without success to check the piracy of their patterns. Numerous bills aimed at protecting designers have failed in Congress. Until recently, the few federal courts which had considered the question had held that neither the Copyright Act nor the common law afforded protection. After the Supreme Court's decision in Mazer v. Stein, however, it seemed that relief might at last be available. In that case the Court held that the utilitarian purpose of an object did not exclude it from copyright protection. The Copyright Office revised its regulations to include textile designs within …

Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.

Michigan Law Review

Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …

Past Practice And The Administration Of Collective Bargaining Agreements, Richard Mittenthal

Michigan Law Review

In a recent United States Supreme Court decision, Mr. Justice Douglas, speaking for the majority, stated that "the labor arbitrator's source of law is not confined to the express provisions of the contract, as the industrial common law-the practices of the industry and the shop-is equally a part of the collective bargaining agreement although not expressed in it." When compared to actual management-union experiences in contract administration, this dictum seems unduly broad. It may be premature as well, for no coherent "rationale of grievance arbitration" has yet been developed. If such a rationale is to be achieved, far more work …

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.

Michigan Law Review

Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …

Havard: The Detection Of Secret Homicide, B. J. George Jr.

Michigan Law Review

A Review of The Detection of Secret Homicide. By J. D. J. Havard.

Group For The Advancement Of Psychiatry: Confidentiality And Privileged Communication In The Practice Of Psychiatry, Henry Weihofen

Michigan Law Review

A Review of Confidentiality and Privileged Communication in the Practice of Psychiatry. Group for the Advancement of Psychiatry.