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Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed. Apr 1955

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

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Responsibilities In The Transfer Of Stock, Francis T. Christy Mar 1955

Responsibilities In The Transfer Of Stock, Francis T. Christy

Michigan Law Review

During the past few years there have been increasing efforts on the part of a number of organized groups to establish statutory definitions of the responsibilities of corporations and their transfer agents in the transfer of stock. Among these groups are the Commission on Uniform State Laws, which sponsored the Uniform Fiduciaries Act, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, which have jointly produced the new Uniform Commercial Code, the Committee on Simplification of Security Transfers of the Real Property, Probate and Trust Law Section of the American Bar Association, of which Committee …

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Boundaries: Description V. Survey, Olin L. Browder, Jr. Mar 1955

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …

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Descent And Distribution - Intestate Succession From An Adopted Child - Who Aim His "Brothers And Sisters", Jack G. Armstrong Mar 1955

Descent And Distribution - Intestate Succession From An Adopted Child - Who Aim His "Brothers And Sisters", Jack G. Armstrong

Michigan Law Review

Decedent had never married and was predeceased by his natural and adopted parents. The California statute provided that in such a case his property would go to his brothers and sisters. Appellant, the natural daughter of decedent's adopted parents, contended that she was his sole heir under this statute, while respondent, decedent's natural brother, argued that the term ''brothers and sisters" meant blood relatives. The superior court applied the common meaning of the words brothers and sisters and held that appellant was not such a person. On appeal, held, reversed. Since the entire pattern of the California code indicates …

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Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed. Mar 1955

Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed.

Michigan Law Review

ln 1930 defendant Gage acquired several lots in the City of Los Angeles. He constructed a residential building in which he established a wholesale and retail plumbing business, using one room as an office for the conduct of his business. Also used in the business were a garage and racks, bins, and stalls for the storage of materials and supplies. The use to which defendant put the property was permitted under the applicable zoning ordinance of 1930. Later the ordinance was changed so as to make defendant's use of both lots nonconforming. In 1946 another rezoning ordinance provided that the …

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Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr Feb 1955

Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr

Michigan Law Review

In view of frequent judicial complaints about "instructions by the acre," it may be appropriate to begin with a short justification for an article bearing a title which might appear to suggest an antithetical problem, that is, the existence of a question as to the adequacy of instructions to the jury. To this end one might repeat the assertion that the verdict of a jury which is not instructed as to the fundamental law of the case is "crackerbarrel justice." If this is true, it certainly is also true that the mere number of instructions given is no guarantee of …

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Justice Murphy And The Welfare Question, Leo Weiss Feb 1955

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

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Justice Jackson And The Judicial Function, Paul A. Weidner Feb 1955

Justice Jackson And The Judicial Function, Paul A. Weidner

Michigan Law Review

Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …

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Corporations - The Fudiciary Duty Of Directors In The Issuance Of Stock Subject To Preemptive Rights, Howard M. Downs Feb 1955

Corporations - The Fudiciary Duty Of Directors In The Issuance Of Stock Subject To Preemptive Rights, Howard M. Downs

Michigan Law Review

In Gord v. Iowana Farms Milk Co. , a stockholder protested the issue to the defendant of certain shares of stock in a closely held corporation. At the time of the sale, the plaintiff was a director and secretary-treasurer of the corporation with access to the corporate books and knowledge of the corporate assets. At the meeting at which the stock was issued, the plaintiff signed a statement saying "at the present time I do not elect to purchase any stock. . . ." The stock, sold for $15 a share, had a value variously estimated at $50 to $103.22. …

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Lectures On Communications Media Legal And Policy Problems, University Of Michigan Law School Jan 1955

Lectures On Communications Media Legal And Policy Problems, University Of Michigan Law School

Summer Institute on International and Comparative Law

Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook

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Basic Antitrust Concepts, Kenneth S. Carlston Jan 1955

Basic Antitrust Concepts, Kenneth S. Carlston

Michigan Law Review

It is the function of this paper to summarize and evaluate chapter I of the Report of the Attorney General's National Committee to Study the Antitrust Laws. It will first be necessary to note briefly the circumstances attendant upon the appointment of the committee, its delegated function, its conception of its task and its working methods. No helpful critique of its accomplishments can be made unless its purpose and mode of operation are taken as the starting point. While many tasks remain to be done in the study of the antitrust laws, the committee's work should be appraised only …

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Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright Jan 1955

Michigan Title Examinations And The 1954 Revenue Code's New General Lien Provisions, L. Hart Wright

Michigan Law Review

Title examiners, and more particularly their clients, have long suffered from a controversy-limited almost exclusively to Michigan- involving the methods by which the United States Treasury Department could perfect general federal tax liens. The December 1952 issue of the Michigan Law Review carried an article by the present writer pointing up the irreconcilable difference which has existed for a quarter of a century between the type of record notice which the Treasury was willing to provide prospective bona fide purchasers et al., and the quite different and more demanding type which the Michigan Legislature insisted upon if the local offices …

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Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed. Jan 1955

Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.

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Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro Dec 1954

Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro

Michigan Law Review

The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …

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Released Time And Religious Liberty: A Further Reply, Paul G. Kauper Dec 1954

Released Time And Religious Liberty: A Further Reply, Paul G. Kauper

Michigan Law Review

In his "Reply" to the writer's review of his excellent book, Mr. Pfeffer has singled out the part of the review in which the writer discussed the released-time problem and the position taken by Mr. Pfeffer with respect thereto. To prolong the arguments over this matter in the pages of this Review would he unprofitable, hut the writer feels that a few comments on Mr. Pfeffer's reply would not he out of order.

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Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed. Dec 1954

Legislation - Requirement Of Definiteness In Statutory Standards, Robert B. Krueger S.Ed.

Michigan Law Review

While it is universally recognized that definiteness in statutory standards is a condition prerequisite to the application of a statute, there is no agreement among either the courts or the writers as to the theory behind this requirement. However, common elements in each of the two prevalent theories indicate certain factors which may well be decisive on the question of definiteness in any given case. The purpose of this comment is to explore the practical implications of the interplay of these various factors and theories.

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Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed. Dec 1954

Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.

Michigan Law Review

Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).

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Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed. Dec 1954

Negligence - Causation - Liability Under Statute For Injury Resulting From Fire Started By Railroad Locomotive, Howard. N. Thiele, Jr. S.Ed.

Michigan Law Review

Sparks from defendant's train started a fire on defendant's right of way which spread toward plaintiff's farm. Plaintiff, in an attempt to contain the fire, plowed a fire guard along the edge of his property. While driving his tractor to a safe place after completing the last furrow, he ran over a root or limb which flew up and struck him in the eye, causing blindness. In the trial court plaintiff recovered from the railroad under an Oklahoma statute which specified that "Any railroad company operating any line in this state shall be liable for all damages sustained by fire …

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Revision Of The United Nations Charter: A Study Of Various Approaches, Richard F. Scott Nov 1954

Revision Of The United Nations Charter: A Study Of Various Approaches, Richard F. Scott

Michigan Law Review

Although the United Nations Charter has survived rigorous tests of practice and application, all will doubtless agree that it should now undergo careful review if not thorough revision. Review in moderate terms is a matter of continuous international process, the Charter's structures and rules being regularly applied to the situations of everyday international life. As the necessary precondition to revision, however, the Charter will be subjected to a more deliberate, systematic, and searching review before concrete proposals for revision reach a competent international authority. Thus review is at once exploratory and promising. But revision is much more.

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Product Competition In The Relevant Market Under The Sherman Act, David Macdonald Nov 1954

Product Competition In The Relevant Market Under The Sherman Act, David Macdonald

Michigan Law Review

The correct delimitation of the relevant market is the problem to be examined here. First the legal development of market concepts will be traced. Then, with the objective of coalescing the legal and economic concepts of .the market, a test will be proposed with which to measure the correct market in any given case.

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Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed. Nov 1954

Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.

Michigan Law Review

Plaintiffs purchased tracts of twenty acres, part of a larger tract owned by the defendant, for the purpose of developing the tracts into small citrus groves. Plaintiffs also executed with defendant a care and management contract, whereby plaintiff was to give directions as to the marketing of the crops on the tract; the defendant management company was to follow these directions but would still supervise harvesting and marketing and would receive its compensation therefor. Plaintiff brought an action under the Securities Act of 1933 to impose civil liability for fraudulent misrepresentations and material omissions concerning the value of the land. …

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Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed. Nov 1954

Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.

Michigan Law Review

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …

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Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper Jun 1954

Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper

Michigan Law Review

In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …

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Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi Jun 1954

Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi

Michigan Law Review

This comment will deal solely with the last two forms of discrimination prohibited by sections 2(d) and (e) of the Robinson-Patman Act, and will attempt to illustrate the present state of the law and offer a possible alternative construction and method of implementation of these sections. A recent ruling of the FTC in a group of cases appears to be significant with respect to controversial aspects of sections 2(d) and (e), and indicative of the present attitude of the Commission in the search for an adequate standard by which honest businessmen may keep within the confines of the law. These …

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Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed. Jun 1954

Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.

Michigan Law Review

In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …

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Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed. Jun 1954

Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.

Michigan Law Review

ln the first of three cases involving employer encouragement of union membership the National Labor Relations Board held that a union had violated section 8(b)(2) of the amended National Labor Relations Act by inducing an employer to refuse to hire a union member who had failed to comply with the union's rules as to job clearances. The Court of Appeals for the Second Circuit rejected the union's contention that the employer's action was not such as to encourage union membership and enforced the Board's order. In the second case a union was found by the board to nave violated section …

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Vol. 4, No. 6, May 1954, University Of Michigan Law School May 1954

Vol. 4, No. 6, May 1954, University Of Michigan Law School

Res Gestae

•In Brief •Miss Bozorth to Retire •Qualifications for Commissions in the Armed Forces •Some Thoughts of a Country Lawyer •Legal Problems Arising from the Peacetime Uses of Atomic Energy •An Interview with Professor Allen Smith •The Law School's Foreign Student Program •An Interview with the Dean •Law School Revives Alumni Society •Six Res Gestae Staff Members Graduate •Book Reviews

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Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed. May 1954

Evidence-Privilege-Right Of Third Person To Assert Privilege As To Accident Report Made Confidential By Statute, Richard W. Young S.Ed.

Michigan Law Review

Plaintiff brought a negligence action for injuries sustained when the automobile in which she was a passenger collided with that operated by the defendant. Defendant questioned a police officer, who had filed the accident report, concerning statements made to him by the driver of the vehicle in which the plaintiff was riding. The trial court permitted this testimony over the plaintiff's objection that these statements were privileged under an Iowa statute purporting to make written accident reports confidential and inadmissible in evidence. On appeal after a verdict was returned in favor of the defendant, held, reversed. The statute can …

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Federal Taxation: Perspective During The Fifth Decade, J. W. Riehm May 1954

Federal Taxation: Perspective During The Fifth Decade, J. W. Riehm

Michigan Law Review

Since the enactment of the income tax provisions of the Tariff Act of October 3, 1913 forty years have elapsed within which we have seen a profound change in the revenue system of our federal government, the growth of a great new branch of public law, the development of a highly specialized field of legal practice and the publication in legal periodicals of innumerable articles on the subject of taxation. Tax men can, with great pride, point out that technical proficiency has done an amazing job of keeping pace with the rapid expansion of the system from the utilization of …

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Corporations-Indemnification Of Management For Litigation Expenses, Chester F. Relyea S.Ed. May 1954

Corporations-Indemnification Of Management For Litigation Expenses, Chester F. Relyea S.Ed.

Michigan Law Review

Two recent decisions concerning the right of a successful director-defendant to seek corporate indemnification for litigation expenses are significant because they interpret not only the relevant statutes of New York and Delaware, but also language which exists in the statutes of several other states and which as yet has not been construed by the courts of those states. These cases indicate the desirability of a general survey of such indemnification practice at common law and under statutes.

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