Law Commons^™

Vol. 20, No. 13, December 1, 1966, University Of Michigan Law School

Res Gestae

•Last RG Issue of the Semester •Moot Court Team Wins Detroit Regionals •Dean Allen Delivers Marx Lectures at Cincinnati •Report from the Board •Prof. Sues Rutgers Law Review for Refusing to Publish his Article •Graduate Student Council •Grin and Brief It •Weekender •Sports

Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review

Michigan Law Review

A state court has jurisdiction to deal with the alleged misconduct of attorneys practicing before it either explicitly by statute or by ' virtue of its power to control the conduct of its own affairs. Indeed, it can suspend or disbar an attorney who fails to maintain the standard of conduct established for members of the legal profession. One aspect of such a standard is that an attorney is bound not to obstruct the administration of justice, a duty which imposes upon him an affirmative obligation to cooperate with the courts. The question frequently arises whether, in order to satisfy …

A Tax Formula To Restore The Historical Effects Of The Antitrust Treble Damage Provisions (An Open Letter To The Senate Antitrust And Monopoly Committee), L. Hart Wright

Michigan Law Review

Following the well-publicized criminal conviction of a major segment of our electrical equipment industry for conspiring to fix and maintain prices, terms, and conditions of sales made to both private industry and the government, almost 2,000 private antitrust treble damage suits were brought against those convicted. In July, 1964, when at least 1,500 of these suits were still pending, the Commissioner of Internal Revenue publicly announced that amounts paid or "incurred" by the defendants in those actions to private plaintiffs, either pursuant to judgment or by way of settlement, together with legal expenses pertaining thereto, were deductible as ordinary and …

Fiduciary Ideology In Transactions Affecting Corporate Control, Victor Brudney

Michigan Law Review

The fiduciary role in which corporate insiders are cast in their dealings with, or affecting, their corporations embraces a multitude of parts. Hence the range of restrictions on their conduct varies from inhibitions as rigorous as those imposed on express trustees to limitations almost as flexible as those governing arm's length dealings among strangers. As has often been pointed out, the characterization of a corporate officer, a director, or a person controlling the corporation as a "fiduciary" does not define his status with precision; rather, it sets a tone to his role and suggests the existence of obligations and of …

One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen

Michigan Law Review

It is common knowledge that in recent times the constitutional issues of greatest magnitude and of greatest public interest lie in the area of civil liberties. These cases almost always call for the delicate balancing of the rights of the individual, allegedly protected by a specific clause in the Constitution, and the duties that state or federal authority can exact from citizens in order that society may maintain a minimum standard of peace and security. It follows, therefore, that it is these often dramatic decisions which will largely color the images we have of participating Justices. Assume a free speech …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 20, No. 12, November 17, 1966, University Of Michigan Law School

Res Gestae

•Next-to-the-Last Res Gestae for the Semester •Dean Allen Delivering Three Lectures at U. of Cincinnati Law School •Law Club Dinner Dance Saturday •I-Law Conference Saturday •Kamisar on a Publicity Rampage •Dean Joiner on World Tour for University •ABA Fair Trial-Free Press Committee Releases Report •Letters to the Editor •Weekender •Sports

Vol. 20, No. 11, November 10, 1966, University Of Michigan Law School

Res Gestae

•Campbell Competition Continues Today •OEO General Counsel Speaks at LC Lounge Today •Winter Semester Classification Set •Report from the Board •Committee of Visitors Makes Annual Appearance •Dean Allen Looks to the Future •Announcements •Tickets Go on Sale Today for Nov. 19 Dinner Dance Buffet •Report from the Law Students Civil Rights Research Council •Weekender •Sports

Vol. 20, No. 10, November 3, 1966, University Of Michigan Law School

Res Gestae

•Campbell Competition •Mock Election Results •Law Profs Tackle Revision of Michigan Criminal Code •Rep. Vivian Effective in Club Speech •Stein Speaks at Notre Dame •Legal Aid Briefs •Seniors Seeking Permanent Employment •Announcements •Law Club Dinner Dance Nov. 19, I-Law Conference Program Set •Letter to the Editor •Weekender •Sports

The Comity Doctrine, Introduction, Kurt H. Adelmann

Michigan Law Review

Hessel Yntema's Essay on the Comity Doctrine, published in a Festschrift in Europe, deals with the origin and the meaning-or meanings-of a doctrine which has had a truly extraordinary impact on American conflicts law. For this reason and because of the stature of the author, the Essay is entitled to a special place in our literature on the Conflict of Laws. The Michigan Law Review has decided, as a memorial to the great Michigan Scholar, to reprint the Essay so that it may be more easily accessible.

Written for other purposes, the Essay does not discuss the place which the …

The Comity Doctrine, Hessel E. Yntema

Michigan Law Review

The doctrine of comity, as developed in the Netherlands during the last quarter of the Seventeenth Century, for the first time posed in stark simplicity the basic dilemma of conflicts law in modem times to mediate between the pretensions of territorial sovereignty and the needs of international commerce. As Ulrik Huber, the most influential exponent of the doctrine, observed: "Exempla, quibus utemur, ad juris privati species maxime quidem pertinebunt, sed judicium de illis unice juris publici rationibus constat, & exinde definiri debent.'' ["The examples which we shall use belong principally to the category of private law but their treatment …

The Effect Of Misunderstanding On Contract Formation And Reformation Under The Restatement Of Contracts Second, George E. Palmer

Michigan Law Review

The presence of misunderstanding at the time of an apparent agreement creates difficult problems in the law of contract formation and equally difficult problems when the apparent agreement is in ·writing and reformation is sought. The rules formulated in the original Restatement of Contracts are unsatisfactory in both areas. The preparation of the Restatement Second, which is now under way for contracts, includes changes in the rules of contract formation but the changes emerging are no more satisfactory than the original rules. The current version of the Restatement Second, contained in Tentative Draft No. 1, accepts the …

Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review

Michigan Law Review

Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …

Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review

Michigan Law Review

With the adoption of the Michigan Act, Michigan has become the fifth state to adopt a comprehensive program utilizing both the insurance and the fund approaches. Moreover, the Michigan Act, apparently inspired by its Ontario prototype, contains some elements which were previously unknown in United States legislation. Consequently, it may prove enlightening to examine the scope and purpose of the Michigan Act, and to compare it with similar legislation in other states.

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 20, No. 9, October 27, 1966, University Of Michigan Law School

Res Gestae

•Wes Vivian to Speak Here •Fire Trucks Join Jack-Hammers at Library •Grin & Brief It •Announcements •Weekender •Sports

Vol. 20, No. 8, October 20, 1966, University Of Michigan Law School

Res Gestae

•First Week Under the New Grass Rule •National Moot Court Competition •U.S. Supreme Court Begins October Term •Prof. Cramton and Highway Safety •Michigan Bar Examination •Announcements •Weekender •Sports - Intramurals and Picks •Letter to the Editor

Vol. 20, No. 7, October 13, 1966, University Of Michigan Law School

Res Gestae

•Board to Enforce Grass Rule with Fines •Report from the Board •American Law Student Association Report •Grin and Brief it: Lady Catzon and the White Knight •Announcements •Legal Research - Computer Style •I-Law Conference Set for Nov. 19 •Graduate Student Council Report •Weekender •Sports

Vol. 20, No. 6, October 6, 1966, University Of Michigan Law School

Res Gestae

•Quad Carnival •Wild TG Coming Wednesday •Change in Location of Job Interview Signup Sheets •Register to Vote in the General Election, Nov. 8 •Report from the Board •Lowdown on the New Profs: Joseph Sax •Announcements •1967 Quad Picture Schedule •Weekender •Sports

Vol. 20, No. 5, September 29, 1966, University Of Michigan Law School

Res Gestae

•ICLE to Present Session on Labor Law •Report from the Board •Lowdown on the New Profs: John Jackson •Announcements •Grin and Brief It •Legal Services Programs •Skirts in the Dining Room •Weekender •Sports: Intramurals and Picks

Vol. 20, No. 4, September 22, 1966, University Of Michigan Law School

Res Gestae

•New Publication Date •Dean in Disneyland •Kudo for Prof. White •Lowdown on the New Profs: Stanley Siegel •Report from the Board •Grin & Brief It •The Institute of Continuing Legal Education •Announcements •Status of the Quad •Carnival… Combo… Chances… Conviviality •Weekender •Sports: Intramurals and Picks

Vol. 20, No. 3, September 16, 1966, University Of Michigan Law School

Res Gestae

•Interview Season Begins Next Week •Campbell Competition •Announcements •Lowdown on the New Profs: 'M' Pirates Terrance •Weekender •Sports: Intramurals and Picks

Vol. 20, No. 2, September 9, 1966, University Of Michigan Law School

Res Gestae

•All Students to Graduate J.D. •Report from the Board •Lowdown on the New Profs •Flash: Girls, GIRLS, girls •Announcements •Enrollment Totals •Review Candidates: 1966-67 •Weekender •A Must on the Tube: Green Hornet •Sports: The Big Ten

Vol. 20, No. 1, September 2, 1966, University Of Michigan Law School

Res Gestae

•Welcome Freshman •Francis A. Allen - New Dean of the Law School •New, Too •Announcements •Fax and Figures: The Freshman of 1965 •Report from the Board •Legal Aid Briefs •Sports •Addenda: New Special Assistant to the Dean •Student Group to Assist in Legal Aspects of Civil Rights •Editors Wastebasket •At the Flicks

The Longshoremen's And Harbor Workers' Compensation Act Of 1927: Half-Way Protection For The Stevedore And The Longshoreman, Robert E. Gilbert

Michigan Law Review

The law relating to longshoremen's remedies abounds with surprising anomalies, hyper-technical distinctions, and bits and pieces of judicial legislation. This situation stems largely from deficiencies in the Longshoremen's and Harbor Workers' Compensation Act of 1927, an inherently inadequate statute greatly distorted by recent judicial interpretation. This Comment undertakes an examination of the act's most salient shortcomings with a view to suggesting possible guidelines for what is believed to be necessary corrective legislation.

Divestiture Of Illegally Held Assets: Observations On Its Scope, Objective, And Limitations, William T. Kerr

Michigan Law Review

"Divestiture has been called the most important of antitrust remedies. It is simple, relatively easy to administer, and sure." This observation was made with reference to an order requiring divestiture of illegally held stock. In the context of the divestiture of illegally held assets, however, the statement is an oversimplification of myriad complex problems. This Comment will examine the difficulties encountered in eliminating the anticompetitive effects of a fully consummated merger found to have violated section 7 of the Clayton Act. No attempt will be made to assess the substantive doctrine upon which the violation in any instance was based, …

Unemployment Compensation For Employees On Required Vacation Without Pay, Michigan Law Review

Michigan Law Review

The Social Security Act of 1935 created a federal-state system of unemployment compensation which permits the states to establish their mvn standards of qualification for unemployment benefits. All states have enacted statutes pursuant to this system and have established three basic conditions which a claimant must meet before he is entitled to benefits. First, he must be unemployed. Second, he must remain able to work and available for work. Third, he must be free from disqualification for such acts as voluntarily leaving work without good cause attributable to the employer or employing unit, discharge for conduct connected with the work, …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Senior Day, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 1966 Senior Day.

Government And The Consumer, Richard J. Barber

Michigan Law Review

This article takes up four major topics. First, the principal characteristics of governmental action with respect to consumer protection are reviewed, with emphasis on developments during the past thirty years. Second, the traditional pleas for consumer protection are examined with a view toward determining the inadequacies in governmental action. Third, the problems of the consumer are studied in the context of oligopolistic industrial markets in which nonprice competition accentuates the place of advertising and severely restricts the dissemination of factual information that is essential to enlightened purchase decisions. Fourth, the ingredients of a meaningful consumer protection program are outlined and …