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University of Michigan Law School

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Chinese Law Authority Visiting On Faculty, University Of Michigan Law School Jan 1967

Chinese Law Authority Visiting On Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Communist China provides a fair system of law for the vast majority of its people in spite of few lawyers, few laws, and a formal legal system which has not yet been fully developed. This is the opinion of Victor Hao Li, a visiting professor this term at the University of Michigan Law School.

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Professors George, Israel Instrumental In Drafting Proposed Criminal Code Soon To Be Before Michigan Legislature, University Of Michigan Law School Jan 1967

Professors George, Israel Instrumental In Drafting Proposed Criminal Code Soon To Be Before Michigan Legislature, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Sometime in January, 1968, it is anticipated that a new criminal code for the State of Michigan will be presented to the legislature for approval. The new code, which would radically reduce the bulk of existing legislation, is drafted to better protect the citizens of Michigan with its 350 sections than the approximately 3,500 sections which now form the state's criminal law.

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Women In The Law, James J. White Jan 1967

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …

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Reformation And The Statute Of Frauds, George E. Palmer Jan 1967

Reformation And The Statute Of Frauds, George E. Palmer

Michigan Law Review

There is unnecessary confusion and difference of opinion over the effect of the statute of frauds as a bar to reformation that would otherwise be available in connection with bargain transactions. Both the confusion and the conflict could be eliminated if it were clearly perceived that a decree of reformation is not the enforcement of an oral contract. Instead, it is a correction of the writing in question, or more basically a recognition that the legally significant agreement is the one the parties intended to express or describe in the writing. It is a separate question whether the writing as …

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Loopholes And Ambiguities Of Section 2036, James C. Ervin Jr. Jan 1967

Loopholes And Ambiguities Of Section 2036, James C. Ervin Jr.

Michigan Law Review

The possibility of divergent tax treatment of economically similar situations has made section 2036 of the Internal Revenue Code' one of the most abused of the federal estate tax provisions. Originally enacted to ensure inclusion within the gross estate of the value of all property ostensibly transferred by the decedent prior to his death and yet beneficially enjoyed by him during his lifetime, the section is being circumvented by an increasing number of tax avoidance patterns. Although some of the confusion can be traced to the erratic approach of the courts to cases involving section 2036, the primary interpretive difficulty …

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Securities-Stocklist Authorizations-Solicitation Of Stocklist Authorizations Is Within The Proxy Regulations Of The Securities Exchange Act-Studebaker--Corp. V. Gittlin, Michigan Law Review Jan 1967

Securities-Stocklist Authorizations-Solicitation Of Stocklist Authorizations Is Within The Proxy Regulations Of The Securities Exchange Act-Studebaker--Corp. V. Gittlin, Michigan Law Review

Michigan Law Review

Gittlin, a shareholder of the Studebaker Corporation, planned to solicit proxies for the election of directors in opposition to the existing management. As an initial step in the implementation of this plan, he sought to obtain a stockholder's list and accordingly initiated proceedings in a New York court under section 1315(a) of the New York Business Corporation Law which grants a right of access to a shareholder who has obtained authorizations in writing from the holders of at least five per cent of the outstanding shares of the corporation. In order to meet the five per cent requirement, Gittlin had …

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Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review Jan 1967

Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review

Michigan Law Review

When the owners of a Jackson, Mississippi television station applied to the Federal Communications Commission (FCC) for a renewal of their broadcast license, representatives of the local Negro community filed a petition with the Commission, requesting it to deny the renewal. Petitioners contended that a renewal of the applicant's license would not be in the public interest since the station had consistently violated the Commission's "fairness doctrine" which requires broadcasters to encourage and implement a fair presentation of all sides of any controversial public issue discussed over their facilities. Specifically, petitioners alleged that, in its local programs dealing with racial …

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Review Of Michigan And Federal Estate And Tax Planning, By P. Chirco And S. Ward, Douglas A. Kahn Jan 1967

Review Of Michigan And Federal Estate And Tax Planning, By P. Chirco And S. Ward, Douglas A. Kahn

Reviews

Any evaluation of a book of this nature must be made in light of its purpose and its intended audience. The authors recognize that estate and tax planning is too broad a subject to be treated comprehensively in a single volume, and, consequently, they quite properly made no effort in that direction. Rather, their apparent purpose was to furnish the non-specialist with an annotated form book containing textual discussions of tax and estate planning problems, with particular emphasis on local Michigan law.

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Estate Tax-The Failure Of I.R.C. Section 2039 To Reach Death Benefits Arising Out Of The Employment Relationship-Estate Of Fusz, Michigan Law Review Jan 1967

Estate Tax-The Failure Of I.R.C. Section 2039 To Reach Death Benefits Arising Out Of The Employment Relationship-Estate Of Fusz, Michigan Law Review

Michigan Law Review

Decedent's employment contract provided for a salary payable to him and monthly payments to his widow for life if he died during the term of the contract. No post-retirement benefits were payable to decedent under the contract or pursuant to any other agreement with the employer. After decedent's death during the term of the contract the payments to his widow commenced; their commuted value, however, was not included in the gross estate of decedent. The Commissioner of Internal Revenue, ruling that the payments to the widow constituted an annuity, the commuted value of which was includable in decendent's gross estate …

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Recent Books, Michigan Law Review Jan 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Labor Law-Two Views Of A Labor Relations Consultant's Duty To Report Under Section 203 Of The Lmrda, Michigan Law Review Jan 1967

Labor Law-Two Views Of A Labor Relations Consultant's Duty To Report Under Section 203 Of The Lmrda, Michigan Law Review

Michigan Law Review

Title II of the Labor-Management Reporting and Disclosure Act (LMRDA) requires unions, union officials, union employees, employers and "labor relations consultants" to file various reports with the Secretary of Labor. The purpose of these provisions is to discourage corrupt, though not necessarily illegal, labor management activities by disclosing them for public scrutiny. Section 203(b) of the Act, which is aimed at the "labor relations consultant," states that "every person" who agrees with an employer to "directly or indirectly" (1) "persuade employees" regarding their right to organize and bargain collectively or (2) inform the employer of certain union-employee activities must file …

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Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review Jan 1967

Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review

Michigan Law Review

The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.

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Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr. Jan 1967

Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.

Michigan Law Review

A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman

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Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein Jan 1967

Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein

Michigan Law Review

The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.

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Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes Jan 1967

Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes

Michigan Law Review

The long silence of the inter-American system is remarkable when contrasted with the continuing efforts of the United Nations to elaborate an International Bill of Rights and the significant accomplishments of the Council of Europe in implementing on a regional basis the principal values enunciated in the Universal Declaration of Human Rights. The OAS' lack of interest, until quite recently, in undertaking a similar international program to protect human rights in the American republics is a function of several very special factors, the most important of which is the traditional Latin American repudiation of intervention, in whatever form and for …

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Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney Jan 1967

Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney

Michigan Law Review

My task was to prepare a short article dealing in some depth with specific problems which have arisen under Article Four of the Uniform Commercial Code (Code). Unfortunately for purposes of criticism, but happily for those affected by Article Four, a canvass of recent reported cases as well as bank operations people and bank counsel has revealed very few problems of any significance to either the general practitioner or even the so-called commercial law specialist. This prompts two comments: (1) Article Four seems to be working so smoothly that to develop a "problem" would be to make a mountain out …

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Article Eight: A Premise And Three Problems, Ernest L. Folk Iii Jan 1967

Article Eight: A Premise And Three Problems, Ernest L. Folk Iii

Michigan Law Review

This essay concerns itself with a basic premise and three problems concerning investment securities under Article Eight of the Uniform Commercial Code (Code). Although some amount of relevant exposition is necessary to make the arguments intelligible, general familiarity with the essentials of the Code's treatment of investment securities is assumed.

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The Trustee In Bankruptcy As A Secured Creditor Under The Uniform Commercial Code, Frank R. Kennedy Jan 1967

The Trustee In Bankruptcy As A Secured Creditor Under The Uniform Commercial Code, Frank R. Kennedy

Michigan Law Review

The thesis of this article is that a trustee cannot exploit the advantage of the lien or security of any creditor unless he can avoid it and displace a creditor. Moreover, when he can and does avoid a lien and displace a creditor, he can enforce the rights of that creditor as against any lien or interest otherwise indefeasible in bankruptcy only to the extent of the lien or security of the creditor he displaces.

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Protection Of The Installment Buyer Of Goods Under The Uniform Commercial Code, Robert H. Skilton, Orrin L. Helstad Jan 1967

Protection Of The Installment Buyer Of Goods Under The Uniform Commercial Code, Robert H. Skilton, Orrin L. Helstad

Michigan Law Review

The present topic for discussion, protection of the installment buyer under the Code, is part of a larger topic-protection of the consumer under the Code. The remarks that follow sometimes apply generally to the status of the consumer under the Code. There are times when no distinction should be made between our model installment buyer and other consumer buyers.

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Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine Jan 1967

Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine

Other Publications

A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …

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Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel Jan 1967

Police Interrogation And The Supreme Court--The Latest Round, Jerold H. Israel

Book Chapters

My first task is to explain to some degree the nature of the problem embodied in our title. This book has been designated as "Escobedo-The Second Round." What we will be discussing is a series of cases, decided in June, 1966, the most noteworthy of which is Miranda v. Arizona [384 U.S. 436 (1966)]. In these cases, the United States Supreme Court prescribed a new set of standards governing the introduction in evidence of statements obtained from the defendant through police interrogation. Actually, to a degree these standards were not entirely new. They had been suggested, at least in part, …

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The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White Jan 1967

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …

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Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine Jan 1967

Landrum-Griffin 1965-1966: A Calculus Of Democratic Values, Theodore J. St. Antoine

Book Chapters

One of the happier ironies of recent labor history can be found in the impetus given union democracy by the Landrum- Griffin Act. At the time the Act was passed, the thinking of disinterested observers had not yet crystallized on the merits of running a union's affairs democratically. It is probably fair to say that the main push in Congress for Landrum-Griffin and, particularly, its Title, "Bill of Rights" came from a conservative coalition which was less concerned with promoting the individual rights of working people than with blunting the effectiveness of labor organizations. There is hardly anything unique in …

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The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

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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 Dec 1966

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 …

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The Effect Of Misunderstanding On Contract Formation And Reformation Under The Restatement Of Contracts Second, George E. Palmer Nov 1966

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 …

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Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review Nov 1966

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 …

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Motor Vehicles--Legislation--The Michigan Motor Vehicle Accident Claims Act, Michigan Law Review Nov 1966

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.

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

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

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The Longshoremen's And Harbor Workers' Compensation Act Of 1927: Half-Way Protection For The Stevedore And The Longshoreman, Robert E. Gilbert Jun 1966

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.

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