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Griffith: Congress - Its Contemporary Role, George Meader

Michigan Law Review

A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Some Abuses Of Antitrust Prosecution: The Investment Bankers Case, Ralph M. Carson

Michigan Law Review

The epochal decision of Judge Medina on October 14, 1953, in United States v. Morgan has already been the subject of adverse criticism by the losing Government counsel and defense by an opposing lawyer. Professor Steffen's grief at the ruin of his handiwork has led him into the impropriety of attacking with unwarranted epithet a thoroughly considered decision by one of the most eminent judges now sitting in our federal courts and into the more symptomatic fault of attributing to the new chief of the Antitrust Division political motivation in his decision not to appeal. He has the assurance to …

Federal Procedure - Venue - Interpretation Of Section 1404(A) In Cases Arising Under The Federal Employers' Liability Act, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Three petitioners instituted separate suits in the United States District Court for the Eastern District of Pennsylvania under the provisions of the Federal Employers' Liability Act, for injuries received in the derailment of a train in South Carolina. The cases were transferred to the Eastern District of South Carolina under the provisions of section 1404 (a), title 28, U.S.C. Because of a court of appeals ruling that orders for transfer were not appealable, petitioners sought mandamus to compel the district judge to set aside his orders for transfer. The court of appeals denied the applications. On certiorari to the United …

Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.

Michigan Law Review

Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …

Cahn: The Moral Decision, William R. Jentes S.Ed.

Michigan Law Review

A Review of The Moral Decision. By Edmond Cahn

Judge And The Crime Burden, John Barker Waite

Michigan Law Review

One does not happily charge the judiciary with responsibility for the country's burden of crime, but the responsibility does in fact exist. Judges, though they may not encourage crime, interfere with its prevention in various ways. They deliberately restrict police efficiency in the discovery of criminals. They exempt from punishment many criminals who are discovered and whose guilt is evident. More seriously still, they so warp and alter the public's attitude toward crime and criminals as gravely to weaken the country's most effective crime preventive.

Patents And Antitrust: Peaceful Coxeistence?, S. Chesterfield Oppenheim

Michigan Law Review

My thesis for this paper is based upon developments which appear, as of 1955, to bring into clearer focus the process by which the earned differential advantages of patent rights are being adjusted to the prohibitory dixits of antitrust law. This is part of the never-ending governmental function of balancing stability of legal rights against the desired flexibility resulting from evolutionary growth. We can only chart the directions of the current trends. Generalizations from this panorama should not be overdrawn or artificially simplified. Both the patent and antitrust spectra are arranged in degrees. The edges of certainty are blurred in …

Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.

Michigan Law Review

Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …

Gray Vs. Powell And The Scope Of Review, Bernard Schwartz

Michigan Law Review

In dissenting from the decision of the Supreme Court in a celebrated administrative-law case, Justice Jackson once declared: "I give up. Now I realize fully what Mark Twain meant when he said, 'The more you explain it, the more I don't understand it.' " It cannot be denied that the learned justice's reaction is one which is often felt by students of Supreme Court jurisprudence. This has been particularly true of the field involved in the case which called forth Justice Jackson's plaint--i.e., that of administrative law. American administrative lawyers have not infrequently had this same response to decisions of …

Corporations - Extent To Which Vote Of Proxy Binds The Shareholders, Herbert R. Brown S.Ed.

Michigan Law Review

Plaintiff; in a derivative action, charged certain directors of the corporation with appropriating a corporate opportunity to their own benefit. Defendant directors moved for summary judgment· on the ground that the questioned transaction was ratified by the stockholders, with plaintiff's stock being voted by proxy in favor of ratification. Held, motion for summary judgment denied. The plaintiff was not estopped from suit even though her proxyholder, the corporation management, voted her stock for the ratification, since she had no notice that the question was to be voted on when she gave her proxy. Gottlieb v. McKee, (Del. Ch. …

Labor Law - Collective Bargaining - Contract Ratification And Strike Authorization Clauses As Statutory Proposals, Arne Hovdesoen S.Ed.

Michigan Law Review

After continued employer demands to discuss contract ratification and strike authorization clauses, the union discontinued contract negotiations on the ground that such proposals constituted interference with its internal affairs and as such were not within the scope of mandatory collective bargaining as defined by sections 8 (d) and 9 (a) of the amended National Labor Relations Act. The National Labor Relations Board found the union's action to be the result of the employer's refusal to bargain in compliance with section 8 (d) and issued an appropriate order directing the company to cease and desist from insisting upon these proposals to …

Cohen: The Principles Of World Citizenship, Samuel I. Shuman

Michigan Law Review

A Review of The Principles of World Citizenship. By L. Jonathan Cohen

The Antitrust Laws In Foregin Commerce, Robert A. Nitschke

Michigan Law Review

The Sherman Act applies to trade or commerce "with foreign nations." Are there differences in the act's application to foreign trade compared with its application to domestic commerce? The Attorney General's National Committee to Study the Antitrust Laws was constituted at a time when this question was pressing for an answer.

During the 1920's and 1930's, the international cartel movement was in full Hood. American companies participated in some of these international arrangements, often in the belief that they were a necessary condition for world trade and upon the legal premise that restrictions adjunctive to patent and know-how licenses were …

Antitrust Policy In Distribution, Kendall B. Debevoise

Michigan Law Review

The American genius lies quite as much in distribution as in manufacturing. Other peoples have demonstrated equal or greater creative ability in many fields. And it is debatable whether their talents are any less at mass production given adequate economic demand. But they have nowhere shown the American genius for distribution. It is axiomatic that if you manufacture in Detroit and your potential customer lives in New York, you need mutual friends. We seem to have figured out better ways to provide better friends for this purpose than any other nation.

But manufacturing came first. Someone had to build a …

Antitrust And Labor, Russell A. Smith

Michigan Law Review

The thirteen-page treatment of the subject of "organized labor" in the Report of the Attorney General's National Committee to Study the Antitrust Laws shows that the committee approached the subject gingerly, and that the counsel of moderation prevailed. The views of those who would change the national policy favoring (or at least tolerating) the existing institutions of trade unionism and collective bargaining by subjecting unions to "monopoly" standards are not discussed in the Report. The result is a limited and generalized approach, which holds that some kinds of union practices "aimed directly at commercial market restraints" run counter to …

Antitrust Administration And Enforcement, John T. Chadwell

Michigan Law Review

The importance of the nation's antitrust policy requires that administration and enforcement powers and techniques be equal to the huge task of effectively safeguarding competition. The recommendations of the Attorney General's Committee represent a statesmanlike effort to balance the need for effective enforcement with the need for the preservation of fairness and the conservation of time and resources in antitrust litigation. Some of the recommendations will undoubtedly engender heated controversy; others seem relatively uncontroversial.

Many individual topics are dealt with in the Report of the committee and space does not permit comment upon all of them. The following discussion is …

Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act Of 1954, Paul R. Haerle

Michigan Law Review

This comment is intended as a preliminary step in an analysis of the legislative history of the act and a consideration of both its potential effectiveness and constitutional validity.

Criminal Law - Contradictory Statements Under Oath As Grounds For Perjury In The Federal Courts, Richard M. Adams S.Ed.

Michigan Law Review

Perjury has frequently been described as one of the more difficult convictions to obtain, and the truth of this saying is no better illustrated than in the case of Harvey Matusow. During the two years in which ex-Communist Matusow served as a professional government witness, he accused 180 or more persons as being members of the Communist Party or Communist sympathizers. This same witness has now described himself as a "habitual and perpetual liar" and has publicly admitted that all of his previous testimony was false. On the strength of this recantation, motions were filed for a new trial in …

Criminal Law - Scope Of Lawful Search And Seizure Without Warrant When Incident To Arrest, Richard M. Adams S.Ed.

Michigan Law Review

Acting on information that defendants were engaged in the "numbers racket" in violation of the Michigan gambling laws, police officers picked up three of the defendants in an automobile, took them to the police station, and proceeded to the home of their accomplice, Abbey Clay. On being admitted to the residence, the officers placed Abbey Clay under arrest and, despite her objections, promptly searched the L-shaped room in which they were standing when the arrest was made. Although the officers did not have a search warrant, they looked through defendant's pocketbook, magazine rack, and a cardboard box which was in …

Tax-Free Corporate Acquisitions - The Law And The Proposed Regulations, Robert L. Merritt

Michigan Law Review

The quest for interpretation is indeed an ancient one. Our life path is pervaded by a search for meanings.

It has been said of the law that it is sometimes better to have a bad rule than to have no rule. I suppose the rationale is that unsatisfactory certainties at least permit action, and are susceptible to a change for the better, the very badness of the rule serving to accelerate the equitable resolution. Being neither philosopher nor historian, I do not know whether that patience which awaits ultimate improvement is always a virtue.

Suits Against Unincorporated Associations Under The Federal Rules Of Civil Procedure, John Kaplan

Michigan Law Review

Concepts, Benjamin Cardozo has said, "are useful, indeed indispensable, if kept within their place. We will press them quite a distance. . . . A time comes, however, when the concepts carry us too far, or farther than we are ready to go with them, and behold, some other concept, with capacity to serve our needs is waiting at the gate. 'It is a peculiar virtue of our system of law that the process of inclusion and exclusion, so often employed in developing a rule, is not allowed to end with its enunciation, and that an expression in an opinion …

Criminal Law - Reexamination Of Tests For Criminal Responsibility, Mary Lee Ryan

Michigan Law Review

Criminal law in the Anglo-American system of jurisprudence is based upon the concept that persons should be held responsible for their acts. A strong corrollary to this idea is that certain types of persons, namely the "insane," should not be held responsible for criminal conduct. Although this proposition seems beautifully simple, courts in England and the United States for over a hundred years have wrestled with the problem of what constitutes insanity, or, to phrase it more accurately, what type of mental condition should preclude responsibility for a criminal act.

Constitutional Law - Civil Rights Statute - Failure To Release Prisoner Promptly Not A Violation Of Section 242, Stephen C. Bransdorfer

Michigan Law Review

A Florida state attorney was charged with violation of the Federal Civil Rights Statute for failure to apply for release of a Negro prisoner held nineteen months without charge. The prisoner had been held on request of the state attorney for further prosecution or use as a witness after a verdict had been directed in the prisoner's favor in a prior murder trial. Neither the prisoner nor defense counsel petitioned for release. The United States District Court dismissed the indictment. On appeal, held, affirmed. No duty existed on the part of the Florida state attorney to make application for …

Criminal Procedure - Standing Of The Press To Protest Judge's Exclusion Of The Public From Criminal Trial, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Plaintiff newspapers sent reporters to the trial of Minot Jelke. Defendant judge, exercising his discretion, excluded them as well as the general public from the courtroom when testimony dealing with the sordid details of prostitution and pandering was expected. The family and friends of the accused, along with the officers of the court, witnesses and jury were not excluded. Plaintiffs applied to the Supreme Court, Special Term, of New York County for a writ of prohibition to restrain the defendant from enforcing his order. The application for the writ was based on a statute guaranteeing the accused in a criminal …

Criminal Procedure - Venue - Federal Offenses Committed Outside The Jurisdiction Of Any State Or District, Richard R. Dailey

Michigan Law Review

The defendant, an army staff sergeant, was under custody at Fort Meade, Maryland, awaiting disposition of charges of sodomy lodged against him under the Articles of War. After a delay of four months, the charges were dropped and he was shipped by the Army to Fort Jay, New York, where he was separated from the service. Immediately upon his release, he was arrested by the Federal Bureau of Investigation under a commissioner's warrant charging him with treason committed in Japan during a prior enlistment in the army. At the trial in the District Court for the Southern District of New …

Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …

University Of Michigan Law School Announcement 1955-1956 With List Of 1954 Graduates, University Of Michigan Law School

Law School Announcement and Bulletins

Calendar; Board of Regents; Administrative Officers and Members of the Faculty; Organization and Methods; Law Quadrangle; Library Facilities; Requirements for Admission; Graduate Degrees in Law; Requirements for Graduation; Admission to the Bar; The Law Curriculum; Civil Procedure III and Practice Court; ROTC Programs; Case Clubs; Michigan Law Review; Order of the Coif; Student Bar Association; Research Program; Legislative Research Center; William W. Cook Lectures on American Institutions; Thomas M. Cooley Lectureship; Living Accommodations; Fees and Expenses; Services to Veterans; Scholarships and Financial Aid; Placement; Students' Physical Welfare; International Center; Michigan Union; Michigan League; University Automobile Regulations; Summer Session; Graduates of …

Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller

Michigan Law Review

For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …

Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.

Michigan Law Review

The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …