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Articles 1 - 13 of 13
Full-Text Articles in Law
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Evidence - Federal Communications Act - Admissibility Of Evidence Which Became Accessible By Wire-Tapping, Edmond F. Devine
Michigan Law Review
Petitioners were convicted under a federal indictment for frauds on the revenue. The United States Supreme Court reversed the conviction on the ground it was obtained by use of evidence secured in violation of section 605 of the Communications Act of 1934 by wire-tapping. A new trial resulted in conviction and eventually the Supreme Court granted a writ of certiorari to consider the question whether evidence indirectly obtained by that wire-tapping could be admitted despite the first holding. Held, such evidence is inadmissible on the basis that to rule otherwise would largely nullify the doctrine previously laid down. Nardone …
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Torts- Death As A Result Of Worry Over Libel-Survival Of Actions - Legal Cause, Edmund R. Blaske
Michigan Law Review
Plaintiff, administratrix of her husband's estate, brought an action against defendant newspaper to recover damages for the death of her husband, which she claimed resulted from worry over an alleged libel that defendant published. The trial court sustained defendant's demurrer to the declaration and plaintiff appealed. Held, since the "survival statute" does not preserve actions affecting character, the libel abated with the husband's death; and since mental anguish, worry, fear and loss of health are the several results of the wrongful act of libel, they cannot be made the basis of a new cause of action. Judgment for defendant …
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Libel And Slander - Charging Physician With Lack Of Skill In Particular Case, Michigan Law Review
Michigan Law Review
Plaintiff, a practicing physician, sued to recover damages for an alleged libel committed when defendant falsely published in its newspaper an article stating that plaintiff examined a prisoner in the city jail, diagnosed his condition as "alcoholic paralysis," and ordered his removal to a city hospital, and that a post mortem disclosed that the prisoner's neck was fractured. Held, that to charge a physician with having made a wrong diagnosis in a particular case is not actionable per se, and since there is no allegation of special damage, there can be no recovery. Blende v. Hearst Publications, Inc., …
Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner
Subjective Judicial Review Of The Federal Communications Commission, Harry P. Warner
Michigan Law Review
The basis for judicial review of administrative agencies in one form or another is the Union Pacific rule, originally developed to govern the relationship between the courts and the Interstate Commerce Commission. Variations in the application of this judicial formula to different agencies have been shaped for the most part by the character of the governmental power exercised and the nature of the subject matter under review. For example, the judicial control exercised over taxing authorities is circumscribed by the sovereign demand for revenue essential to the maintenance of government. The scope of judicial review has been extended in deportation …
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Libel And Slander - Absolute Immunity Under Statute, Michigan Law Review
Michigan Law Review
The Board of Regents of the Colored Agricultural and Normal University of Oklahoma, charged with the statutory duty of governing the university "in all its interests," directed the defendant, president of the university, to report to the board "any misconduct" or "any irregularity" on the part of any "teacher or employee of the University." At a regular session of the board the defendant made an oral statement to the board, imputing moral misconduct to the plaintiff, who was then employed as a matron at said university. Held, in making said statement the defendant was acting "in the proper discharge …
Administrative Law - Review Of Administrative Orders - Elimination Of The "Negative" Order Doctrine, Robert J. Miller
Administrative Law - Review Of Administrative Orders - Elimination Of The "Negative" Order Doctrine, Robert J. Miller
Michigan Law Review
The recent decision of the Supreme Court in Rochester Telephone Corporation v. United States is of importance in determining the reviewability of administrative orders that are negative in character. In the principal case, under authority of the Federal Communications Act the Federal Communications Commission issued a general order directing that every telephone carrier file statements concerning its business and affairs. The Rochester Telephone Corporation, the petitioner, failed to file such statements, claiming it was not subject to the commission's jurisdiction because of an exemption under section 2(b) (2) of the Communications Act of 1934. This section provides that the commission …
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Libel And Slander - Privilege - Liability Of A Telegraph Company For Transmtiting A Libelous Message, Michigan Law Review
Michigan Law Review
Defendant telegraph company transmitted to ten officers of an international union a telegram from members of a local union. The contents related to labor affairs and were admittedly libelous per se as to the plaintiff, naming him as "responsible for the murder of our brother officer Borson." Held, verdict for plaintiff set aside and new trial ordered, because plaintiff has failed to justify recovery by furnishing evidence of actual malice or bad faith by the defendant. Klein v. Western Union Tel Co., 257 App. Div. 336, 13 N. Y. S. (2d) 441 (1939), appeal withdrawn, (N. Y. 1939) …
Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review
Torts - Right Of Privacy - Radio Broadcasting, Michigan Law Review
Michigan Law Review
Plaintiff, a chauffeur, had been the victim of a hold-up and shooting, suffering serious injury. Defendant sponsored a radio broadcast in which plaintiff's name was used dramatizing the affair. On hearing the broadcast, plaintiff sued in tort alleging that he suffered mental anguish and physical shock which resulted in impairing his ability to drive and caused him to be discharged from his job. Held, defendant's motion to dismiss denied, as plaintiff had stated a cause of action for invasion of a right of privacy. Mau v. Rio Grande Oil, Inc., (D. C. Cal. 1939) 28 F. Supp. 845.
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Libel And Slander - Limitation Of Actions -Tolling The Bar Of Statute Of Limitations By Subsequent Sale Of The Libellous Matter, John H. Pickering
Michigan Law Review
On April 25, 1938, plaintiff commenced suit for libel. Nine separate causes of action were set up by alleging nine different publications in successive issues of Liberty Magazine. The first publication was alleged to have occurred on or about April 17, 1937, the second on or about April 24, 1937, and the third on or about May 1, 1937. Defendant showed by affidavit that the issues were placed on sale ten days before the date printed on the cover so that the first issue was on sale by April 7, 1937, the second on April 14, 1937 and the third …
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Libel And Slander - Privileged Reports Of Public Proceedings - Confession To Prosecuting Attorney Implicating Plaintiff, James D. Ritchie
Michigan Law Review
Defendant published in its newspaper the contents of confessions made to a prosecuting attorney by third parties, implicating plaintiff in crimes for which he had been indicted but the commission of which he denied. In an action for damages for libel, held, that the taking of the confession was neither a judicial proceeding nor an official proceeding authorized by law, and therefore its publication was not privileged. Caller Times Publishing Co. v. Chandler, (Tex. 1939) 130 S. W. (2d) 853.
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Libel And Slander - Mental Suffering Alone As Sustaining Libel Action, Michigan Law Review
Michigan Law Review
In a libel action, the plaintiff proved that the defendant had published a news item in its newspaper falsely imputing to the plaintiff, a Puerto Rican student at Louisiana State University, the authorship of an article written in the student paper deploring the pacifistic attitude of the American youth. The lower court dismissed the plaintiff's bill. Held, the publication by the defendant was not a libel actionable without proof of special damages, and that, while mental suffering alone would constitute special damages, the defendant's publication was not the proximate cause of the plaintiff's suffering. Santana v. Item Co., Ltd. …
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Notes On Practice Before The Federal Communications Commission, Herbert M. Bingham
Michigan Law Review
It is the purpose of this paper to discuss the broadcast license practice and procedure before the Federal Communications Commission as it exists today. No attempt at criticism or suggestions for reform will be made.
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Libel And Slander - Defamation By Radio - Absolute Liability Of Broadcasting Company, Michigan Law Review
Michigan Law Review
The defendant broadcasting company leased its facilities to a commercial advertising corporation for the transmission of a series of sponsored radio programs. During the course of one of these broadcasts a comedian, employed by the advertiser, suddenly interpolated an extemporaneous remark, "That's a rotten hotel," in reference to plaintiff's hotel. A script for each program was prepared in advance, submitted to the defendant for approval, and followed exactly by the performers. The interjection in question did not appear in the script and had not been made at rehearsal. Plaintiff brought trespass for defamation, and from a judgment on a verdict …