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Full-Text Articles in Law

Leibholz: Politics And Law, Hugo J. Hahn Jan 1966

Leibholz: Politics And Law, Hugo J. Hahn

Michigan Law Review

A Review of Politics and Law by Gerhard Leibholz


Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review Jan 1966

Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review

Michigan Law Review

Plaintiff, a citizen of Oberlin, Ohio, brought an action for declaratory and injunctive relief to review the constitutionality of the city's fair housing ordinance, which makes it a misdemeanor to discriminate because of race, creed, or color in the sale or rental of housing. Under the procedure established by the ordinance, the Housing Renewal Commission is directed to make investigations of complaints filed with it. If violations are discovered, the commission must attempt to eliminate the discriminatory practices by conciliation and persuasion. If these efforts fail, the entire record of the matter must be forwarded to the city council, accompanied …


Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review Jan 1966

Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review

Michigan Law Review

When petitioner and his wife were divorced in 1959 she received custody of their minor daughter, and he was ordered to contribute fifty dollars per month toward the child's support. The wife remarried and, two years after the divorce, joined in proceedings initiated by her new husband in a Texas court to adopt the child. The adoption petition alleged that, during the two-year period, petitioner had failed to support the child in a manner commensurate with his ability. Under Texas law, proof of such a charge against a natural father makes his consent to the adoption of his child unnecessary. …


Uninsured Casualty Losses Are Within The Scope Of I.R.C. Section 1231--E. Taylor Chewning, Michigan Law Review Jan 1966

Uninsured Casualty Losses Are Within The Scope Of I.R.C. Section 1231--E. Taylor Chewning, Michigan Law Review

Michigan Law Review

Petitioners reported profits from the sale of breeding cattle as a long-term capital gain under section 1231 of the Internal Revenue Code. In the same return, petitioners deducted from ordinary income, under section 165(c)(3), losses sustained from the destruction of their uninsured residential shrubbery. The Commissioner disallowed the casualty-loss deduction from ordinary income, ruling that the loss was subject to the netting provisions of section 1231 and that, since the sale profits exceeded the casualty losses, the loss was to be characterized as a capital loss to be offset against the capital gain. Contrary to previous federal court decisions, the …


"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review Jan 1966

"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review

Michigan Law Review

The sole stockholder of the Garwin Corporation, a New York apparel manufacturer, caused a similar manufacturing company to be incorporated in Florida. The Garwin Corporation then terminated its New York operations, discharged its employees, and resumed operations at the Florida location. The International Ladies' Garment Workers' Union, which represented a majority of the discharged employees, filed a complaint with the National Labor Relations Board, alleging that the Garwin Corporation had violated sections 8(a)(l), (3) and (5) of the National Labor Relations Act because the relocation was motivated by anti-union animus and because the discharged employees were deprived of their rights …


Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady Jan 1966

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein


Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review Jan 1966

Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review

Michigan Law Review

Taxpayer treated the proceeds of a judgment recovered in 1954 as capital gain. Although the Commissioner of Internal Revenue did not object to the capital-gain treatment, he assessed a penalty tax for failure to report the judgment in a declaration of estimated income for 1954. In 1958 the regulation providing for the penalty tax was declared invalid, and taxpayer filed a timely claim for refund. Although an independent affirmative action by the Commissioner contesting the 1954 return would have been barred by the statute of limitations, the Commissioner disallowed the refund, contending that because the proceeds of the 1954 judgment …


Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii Jan 1966

Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii

Michigan Law Review

A Review of The Fundamentals of Legal Drafting by Reed Dickerson


Buck: Children For Adoption, Sanford N. Katz Jan 1966

Buck: Children For Adoption, Sanford N. Katz

Michigan Law Review

A Review of Children for Adoption by Pearl Buck


Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D. Jan 1966

Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.

Michigan Law Review

A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur


Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker Jan 1966

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines


Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review Jan 1966

Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review

Michigan Law Review

Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …


Chroust: The Rise Of The Legal Profession In America, William Wirt Blume Jan 1966

Chroust: The Rise Of The Legal Profession In America, William Wirt Blume

Michigan Law Review

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust


Hermann: Better Settlements--Through Leverage, James J. White Jan 1966

Hermann: Better Settlements--Through Leverage, James J. White

Michigan Law Review

A Review of Better Settlements--Through Leverage by Philip J. Hermann


Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn Jan 1966

Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn

Michigan Law Review

Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.


Convertible Securities And Section 16(B): The Persistent Problems Of Purchase, Sale, And Debts Previously Contracted, W. Richard Keller Jan 1966

Convertible Securities And Section 16(B): The Persistent Problems Of Purchase, Sale, And Debts Previously Contracted, W. Richard Keller

Michigan Law Review

In 1934, Congress enacted section 16(b) of the Securities Exchange Act in an effort to counteract the evils flowing from speculation in corporate securities by certain persons having information regarding the corporation's affairs or occupying positions of trust which permit manipulation of corporate policies. In general, section 16(b) permits the issuer, or one or more stockholders acting in its behalf, to recover any "short-swing" profit realized from purchases and sales (or sales and purchases) of the issuer's equity securities within a six-month period by directors, officers, or beneficial owners of more than ten per cent of any class of equity …


Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review Jan 1966

Prescriptions Issued To Deceased And Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name Of Issuing Doctor--People V. Klein, Michigan Law Review

Michigan Law Review

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are …


Federal Registration Of Judgments Act Allows Execution Upon Foreign Judgment Although Suit On Judgment Is Time Barred In Registration State--Stanford V. Utley, Michigan Law Review Jan 1966

Federal Registration Of Judgments Act Allows Execution Upon Foreign Judgment Although Suit On Judgment Is Time Barred In Registration State--Stanford V. Utley, Michigan Law Review

Michigan Law Review

Appellant obtained a money judgment against appellee in a Mississippi federal court and registered it the next day in a Missouri federal court, pursuant to section 1963 of Title 28 of the United States Code. Seven and one-half years later appellant gave notice in Missouri of his intention to take appellee's deposition to discover assets in that state with which to satisfy the judgment. Appellee's motion to prohibit the deposition was sustained on the ground that no execution could issue upon any assets uncovered, since under applicable Missouri law no action could be brought there on a Mississippi judgment more …


Legal History In The High Court--Habeas Corpus, Dallin H. Oaks Jan 1966

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks

Michigan Law Review

Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …


Antitrust Significance Of Covenants Not To Compete, Michigan Law Review Jan 1966

Antitrust Significance Of Covenants Not To Compete, Michigan Law Review

Michigan Law Review

Covenants not to compete, despite their increasing prevalence and their obvious tendency to restrain competition, have seldom been attacked under either federal or state antitrust laws. In January 1965, however, William H. Orrick, Jr., then Assistant Attorney General in charge of the Antitrust Division, noted that the Division was becoming concerned about one aspect of the problem-the taking of overbroad covenants not to compete in connection with the purchase of a competitor. He suggested that such an agreement might have anticompetitive effects under either the Sherman Act or section 7 of the Clayton Act. This note will explore the present …


Recent Books, Michigan Law Review Jan 1966

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Crewmen Under Contract To Professional Salvor May Claim Salvage Award--Nicholas E. Vernicos Shipping Co. V. United States, Michigan Law Review Jan 1966

Crewmen Under Contract To Professional Salvor May Claim Salvage Award--Nicholas E. Vernicos Shipping Co. V. United States, Michigan Law Review

Michigan Law Review

Several United States Navy store ships imperiled during a violent squall off the Greek coast were aided by two tugs outfitted with special salvage equipment and owned by Greek companies terming themselves professional salvors. The tug crewmen were the firms' fulltime employees; they were expected to undertake salvage work when available and to engage in ordinary harbor towing between salvage operations. The owners sued the United States on behalf of themselves and their crews to recover compensation for assisting the Navy. The district court, finding that the store ships had been rendered a salvage service, made separate awards to the …


Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review Jan 1966

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.


Arnold: Fair Fights And Foul: A Dissenting Lawyer's Life, Paul D. Carrington Jan 1966

Arnold: Fair Fights And Foul: A Dissenting Lawyer's Life, Paul D. Carrington

Michigan Law Review

A Review of Fair Fights and Foul: A Dissenting Lawyer's Life by Thurman Arnold


Lockhart, Kamisar And Choper: Constitutional Law: Cases, Comments & Questions, Charles W. Quick Jan 1966

Lockhart, Kamisar And Choper: Constitutional Law: Cases, Comments & Questions, Charles W. Quick

Michigan Law Review

A Review of Constitutional Law: Cases, Comments & Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper


Advertised Value Of Trading Stamps Is Basis For State Sales Tax--Red Head Premium Co. V. Schneider, Michigan Law Review Jan 1966

Advertised Value Of Trading Stamps Is Basis For State Sales Tax--Red Head Premium Co. V. Schneider, Michigan Law Review

Michigan Law Review

Taxpayer, a trading stamp company, indicated in its catalog the number of stamps necessary to acquire various items of merchandise, and advertised in the catalog and on the face of each stamp that when exchanged for these items each stamp had a value of one cent. Consumers could, however, exchange the stamps for cash rather than merchandise at the rate of one mill per stamp. In addition, consumers not holding sufficient stamps to acquire a particular item of merchandise could make up the difference in cash by paying approximately two thirds of the advertised stamp value. Customers dealing strictly on …


Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …


James: Civil Procedure, Jon R. Waltz Jan 1966

James: Civil Procedure, Jon R. Waltz

Michigan Law Review

A Review of Civil Procedure by Fleming James, Jr.