Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

1967

Discipline
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 141

Full-Text Articles in Law

Bishop: General Course Of Public International Law, 1965, Wolfgang Friedmann Dec 1967

Bishop: General Course Of Public International Law, 1965, Wolfgang Friedmann

Michigan Law Review

A Review of General Course of Public International Law, 1965


Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review Dec 1967

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it ...


The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson Dec 1967

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade ...


Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau Dec 1967

Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau

Michigan Law Review

A Review of Freedom of Expression and Security: A Comparative Study of the Function of the Supreme Courts of the United States and India by A.S. Bedi


Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin Dec 1967

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Michigan Law Review

Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue ...


Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo Dec 1967

Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo

Michigan Law Review

In recent years two relatively unheralded but sweeping antitrust decisions by the Supreme Court have given rise to ramifications far beyond their facts. Unless limited, they may be interpreted by business planners as providing safe havens in many areas of conduct where corporations and trade associations have previously feared to tread. The cases are Eastern Railroad Presidents Corp. v. Noerr Motor Freight, Inc. and United Mine Workers of America v. Pennington. The broad issue they raise is the extent to which business can concertedly seek to use the mechanism of government for the purpose of restraining trade without violating the ...


Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review Dec 1967

Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review

Michigan Law Review

The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.


Income Tax--Recovered Property Previously Deducted Included In Gross Income In Year Of Recovery--Alice Phelan Sullivan Corp. V. United States, Michigan Law Review Dec 1967

Income Tax--Recovered Property Previously Deducted Included In Gross Income In Year Of Recovery--Alice Phelan Sullivan Corp. V. United States, Michigan Law Review

Michigan Law Review

In 1989 and 1940 the corporate taxpayer claimed as charitable deductions the value of two parcels of realty which it had donated to a charitable organization subject to the condition that they be used solely for religious or educational purposes. Having decided not to use the gifts in the manner specified, the donee reconveyed them to the taxpayer in 1957. The taxpayer failed to reflect this recovery in its gross income for that year. The Commissioner of Internal Revenue, however, determined that under section 111 of the 1954 Internal Revenue Code (Code) the taxpayer's gross income reported in its ...


Wood: A Handbook Of Dental Malpractice, Marcus L. Plant Dec 1967

Wood: A Handbook Of Dental Malpractice, Marcus L. Plant

Michigan Law Review

A Review of A Handbook of Dental Malpractice by L. Brent Wood


Sullivan, Hardin, Huston, Lacy, Murry & Pugh: The Administration Of Criminal Justice; And Hall & Kamisar: Modern Criminal Procedure: Cases, Comments & Questions, John Kaplan Dec 1967

Sullivan, Hardin, Huston, Lacy, Murry & Pugh: The Administration Of Criminal Justice; And Hall & Kamisar: Modern Criminal Procedure: Cases, Comments & Questions, John Kaplan

Michigan Law Review

A Review of The Administration of Criminal Justice by Francis C. Sullivan, Paul Hardin, III, John Huston, Frank R. Lacy, Daniel E. Murray, and George W. Pugh; and Modern Criminal Procedure: Cases, Comments & Questions by Livingston Hall and Yale Kamisar


Bayne: Conscience, Obligation, And The Law, E. F. Roberts Dec 1967

Bayne: Conscience, Obligation, And The Law, E. F. Roberts

Michigan Law Review

A Review of Conscience, Obligation, and the Law by David Cowan Bayne


Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review Dec 1967

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review

Michigan Law Review

In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the father ...


Vol. 22, No. 10, November 17, 1967, University Of Michigan Law School Nov 1967

Vol. 22, No. 10, November 17, 1967, University Of Michigan Law School

Res Gestae

•Vietnam Panel Stirs Controversy •Dean Proffitt Leaves for Sabbatical •November/December Res Gestae •Legal Aid Social Note •Report from the Board •Weekender •Sports


Vol. 22, No. 9, November 10, 1967, University Of Michigan Law School Nov 1967

Vol. 22, No. 9, November 10, 1967, University Of Michigan Law School

Res Gestae

•Dean Joiner Speaks on Michigan Judges •International Law Society •The Vietnam Panel •Report from the Board •Law Quad Store •Law Club Lounge •Legal Aid Notes •Legal Aid Court Appearances •Senator McCarthy to Speak at U of M Today •Trivia •Weekender •Sports


Vol. 22, No. 8, November 3, 1967, University Of Michigan Law School Nov 1967

Vol. 22, No. 8, November 3, 1967, University Of Michigan Law School

Res Gestae

•Second Term Registration •Law Club Board of Governors •Beer Blast - Saturday •Defense Attorneys Seminar •Legal Aid Appearances •International Law Speaker •Trivia •Report from the Board •Student Bookstore •Board Meeting Agenda •Weekly Puzzle •Weekender •Sports


Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review Nov 1967

Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review

Michigan Law Review

In 1677 the English Parliament enacted the first Statute of Frauds to prevent "many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury." The trial system then existing in England was forced to depend upon unreliable juries, and relied upon few rules of evidence besides the rule treating parties to an action as incompetent witnesses. Thus, in passing the Statute, Parliament sought to minimize the abuses possible under the trial system by providing that virtually no important contract would be enforceable unless reduced to writing.


Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham Nov 1967

Public Control Of Land Subdivision In Michigan: Description And Critique, Roger A. Cunningham

Michigan Law Review

Michigan seems to be unique in having three separate subdivision control statutes. The Plat Act of 1929, like the Subdivision Control Act of 1967 which will soon replace it, is largely mandatory, prescribing standards and procedures required in all cases of land subdivision (as defined in the statute), whether the municipality in which the land is located has a planning commission or not. The Municipal Planning Act, on the other hand, is simply an enabling act, permissive both with respect to establishment of a planning commission and with respect to the exercise by that commission, once established, of the power ...


The Ftc's Power To Seek Preliminary Injunctions In Anti-Merger Cases, James H. Cohen Nov 1967

The Ftc's Power To Seek Preliminary Injunctions In Anti-Merger Cases, James H. Cohen

Michigan Law Review

This Comment will examine the bases and the implications of the Supreme Court's holding. It will point out a number of problems raised by granting the FTC this remedial power, and will suggest that the situations in which preliminary injunctions may be obtained from a court of appeals should be strictly limited.


Regulation Of Finance Charges On Consumer Instalment Credit, Robert W. Johnson Nov 1967

Regulation Of Finance Charges On Consumer Instalment Credit, Robert W. Johnson

Michigan Law Review

The subject of adequate disclosure of finance charges in consumer credit transactions has, in recent years, "become a rallying point for consumers and a battle line for industry." Equal heat is generated by discussions concerning the regulation of finance charges on consumer instalment credit. The aim of this article is to examine briefly the existing pattern of rate regulation and then to explore the purposes of ceilings on consumer finance charges and the problems involved in their design. As is true with the question of disclosure of finance charges, the problems are extremely complex. Men of good will on both ...


Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador Nov 1967

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review


The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller Nov 1967

The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller

Michigan Law Review

Because of the peculiarities of price formation in Communist countries, both with regard to export commodities and those intended for domestic consumption, the applicability of traditional antidumping concepts to communist price discrimination, and the usefulness of the Antidumping Act of 1921 in coping with it, are questions which should be examined and resolved before moves toward freer trade between East and West reach full stride. The essence of the problem was captured in a 1963 statement by the then Senator Humphrey: "The present act is ineffective in preventing dumping from communist countries, which can control their home prices by state ...


Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review Nov 1967

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance ...


Leach: Property Law Indicted, Olin L. Browder Jr. Nov 1967

Leach: Property Law Indicted, Olin L. Browder Jr.

Michigan Law Review

A Review of Property Law Indicted by W. Barton Leach


Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr. Nov 1967

Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr.

Michigan Law Review

A Review of An Unhurried View of Copyright by Benjamin Kaplan


Emerson: Political And Civil Rights In The United States, T. A. Smedley Nov 1967

Emerson: Political And Civil Rights In The United States, T. A. Smedley

Michigan Law Review

A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen


Vol. 22, No. 7, October 27, 1967, University Of Michigan Law School Oct 1967

Vol. 22, No. 7, October 27, 1967, University Of Michigan Law School

Res Gestae

•Committee of Visitors •Campbell Competition •Continuing Legal Education •Legal Aid Outreach •Law Club Rooms •Trivia Again •Report from the Board •Weekly Puzzle •Weekender •Sports


Vol. 22, No. 6, October 20, 1967, University Of Michigan Law School Oct 1967

Vol. 22, No. 6, October 20, 1967, University Of Michigan Law School

Res Gestae

•Homecoming •New Classification and Registration Procedures for Winter Term, 1968 •Statement from Dean Proffitt •Room Changes for the Spring Term •Student Body •Trivia •Detroit Riots Revisited •Report from the Board •Weekly Puzzle •Weekender


Vol. 22, No. 5, October 13, 1967, University Of Michigan Law School Oct 1967

Vol. 22, No. 5, October 13, 1967, University Of Michigan Law School

Res Gestae

•Visit of Lawrence J. Ross •Quad Residents •Kennedy Film to be Shown •Report from the Board •The Social Scene •The Passing Scene •Weekly Puzzle •Weekender •Sports: Tradition


Vol. 22, No. 4, October 6, 1967, University Of Michigan Law School Oct 1967

Vol. 22, No. 4, October 6, 1967, University Of Michigan Law School

Res Gestae

Detroit "Riots" to be Revisited in Panel Session •Mock Presidential Nominating Convention •Attention Dissatisfied Students •Winter Term Seminars •Vital Statistics •Summer Jobs in Legal Aid •Letter to the Editor •Students Sought for Committee Work •Experimental Seminar Program •Weekly Puzzle •Report from the Board •Weekender •Sports: Bedlam in Beantown


Vol. 22, No. 3, September 29, 1967, University Of Michigan Law School Sep 1967

Vol. 22, No. 3, September 29, 1967, University Of Michigan Law School

Res Gestae

•Controversy '67 •International Law Society •New Legal Aid Office •Legal Aid Meeting •Hothouse Climate •Faculty-Student Liaison Committee •Law School Musical Group •Report from the Board •Letter to the Editor •Weekly Puzzle •Weekender •Sports at a Glance