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Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman Nov 1939

Constitutional Law - Fourteenth Amendment - Privileges And Immunities Clause - Civil Liberties - The Hague Case, John N. Seaman

Michigan Law Review

The decisions of the United States Supreme Court in recent years, interpreting the first section of the Fourteenth Amendment, have manifested two striking changes in trend. The first is towards less judicial restraint on governmental regulation of business; that is, towards tolerance of diminished "business liberty." The other is towards greater judicial restraint on governmental interference with individual liberty, commonly called civil liberty. A recent case/ which upheld freedom of speech and assembly and invalidated a city ordinance requiring the obtaining of a permit as prerequisite to a public meeting, not only illustrates the latter of these trends, but is …

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A Generation Of Law Teaching, Roscoe Pound Nov 1939

A Generation Of Law Teaching, Roscoe Pound

Michigan Law Review

Thirty-six years ago (September, 1903) as Dean Bates was taking up law teaching as Tappan Professor of Law at Michigan, I was delivering an inaugural lecture as Dean of the Law School of the University of Nebraska. In this generation of law teaching we have seen the academic law school rise to a commanding position in professional education, the law teacher gain a position among the leaders of the profession, the growth of co-operation between bar associations and the association of law teachers, the development of co-operation between bar examiners and the law schools, and general adoption by the profession …

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Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson Nov 1939

Retroactive Application Of Law-A Problem In Constitutional Law, Edward S. Stimson

Michigan Law Review

May an overruling decision be applied to ascertain the legal effect of prior conduct? In cases arising under the diversity of citizenship jurisdiction, the United States Supreme Court has held that the federal courts should apply earlier state court decisions, and not a decision overruling them, whenever the retroactive application of the new rule would adversely affect a party who had changed his position in reliance on the decisions overruled. In the absence of such reliance and change of position it has sustained the retroactive application of a new rule. If the basis of the first principle is elemental fairness …

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Public Utilities - Rate Regulation - Validity Of Temporary Rate Order, Thomas K. Fisher Nov 1939

Public Utilities - Rate Regulation - Validity Of Temporary Rate Order, Thomas K. Fisher

Michigan Law Review

Of interest to students of public utility rate regulation will be the case of Driscoll v. Edison Light & Power Co. in which the United States Supreme Court side-stepped a reconsideration of the fair value rule as announced in Smyth v. Ames, and a determination of the constitutionality of temporary rates based on the prudent investment theory.

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Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin Jun 1939

Labor Law - National Labor Relations Act - Employee Misconduct As Barring Relief, John C. Griffin

Michigan Law Review

The problem to be considered in this comment is the extent to which employees will, as a consequence of wrongful action on their part, be denied benefits secured to them by the National Labor Relations Act. Inherently, the discussion must also include the examination of another fundamental issue; viz., what is the proper relation between the National Labor Relations Board and the courts on this problem? The substantive question may arise either where the employer seeks to justify a discharge of the worker because of alleged misconduct, or where the misconduct is sought to be used as an estoppel against …

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Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen Jun 1939

Indictment And Information - Requirement Of Specificity In Charging A Statutory Offense, Ward P. Allen

Michigan Law Review

On an information charging the possession of "a certain habit forming drug, to wit: Marijuana . . . in violation of section 158, Chapter 91, Illinois Revised Statutes (1935)," defendant was convicted in the municipal court of Chicago. The Illinois adoption of the Uniform Narcotic Drug Act made the possession of "any narcotic drug" unlawful; defined "narcotic drugs" to include "cannabis"; and stated that "Cannabis includes the following substances, under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L.," from which the resin has not been extracted; (b) the …

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Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps Jun 1939

Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps

Michigan Law Review

As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …

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Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher Jun 1939

Trade Marks And Trade Names - Descriptive Terms - "Shredded Wheat'' Not Capable Of Exclusive Appropriation As Trade Name, Thomas K. Fisher

Michigan Law Review

In a recent case decided by the United States Supreme Court the following facts appeared. In 1893 a pillow-shaped shredded wheat biscuit was introduced into the highly competitive breakfast food market, and patent rights for the product and its manufacture were secured by the Shredded Wheat Company. Though the basic patent expired in 1912, more than seventeen million dollars were expended in popularizing this particular product. Plaintiff acquired the business and good will of the Shredded Wheat Company in 1930, and continued the extensive advertising of "Shredded Wheat" biscuit. The present suit was begun in 1932 by the National Biscuit …

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Banks And Banking - Liability Of Bank For Payment Of Checks With Improper Signatures - Duty Of Depositor To Inspect Monthly Statements, Michigan Law Review Jun 1939

Banks And Banking - Liability Of Bank For Payment Of Checks With Improper Signatures - Duty Of Depositor To Inspect Monthly Statements, Michigan Law Review

Michigan Law Review

Plaintiff, trustee, a man of banking experience, opened an account with the defendant bank, instructing that only checks signed by him, or by one of his agents, and countersigned by one of two different agents should be honored. Over a period of three years there were numerous departures from the original instructions given to the bank, participated in by the plaintiff as well as by his agents. Two of the agents misappropriated trust funds by cashing checks through defendant bank without the instructed countersignatures, and without knowledge of the plaintiff, but during this period the plaintiff failed to inspect his …

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Bills And Notes - Effect Of Statute Of Limitations On Demand Certificates Of Deposit And Certified Checks, Michigan Law Review Jun 1939

Bills And Notes - Effect Of Statute Of Limitations On Demand Certificates Of Deposit And Certified Checks, Michigan Law Review

Michigan Law Review

Plaintiff sued on a certificate of deposit and a certified check, the former being issued by the defendant bank in 1905 and the latter being certified in 1919. Both were negotiated in 1937 and presented for payment the next day. Defendant pleaded the ten year statute of limitations as a bar. Held, at common law the statute of limitations did not operate on demand certificates of deposit until demand had been made, and section 70 of the Negotiable Instrument Law does not alter this common-law requirement. This applies also to certified checks, for they are substantially the same as …

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Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes Jun 1939

Labor Law - National Labor Relations Board - Remand Without Decision After Order To Enforce Is Filed In Circuit Court Of Appeals, Robert E. Sipes

Michigan Law Review

The National Labor Relations Board filed its petition in the circuit court of appeals January 7, 1938, seeking enforcement of its order against petitioner, Ford Motor Company. Petitioner filed its answer and asked that the order be set aside. On May 2, 1938, the board moved to withdraw its petition without prejudice. On May 4, 1938, petitioner filed its petition asking the court to review and set aside the board's order. The board moved that the case be remanded to it for further proceedings. The court entered an order remanding the proceedings to the board for the purpose of setting …

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Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper Jun 1939

Libel And Slander - Privilege Of "Fair And Accurate Report'' Of Judicial Proceedings-Non-Liability Of Vendor Of Newspaper, Ralph E. Helper

Michigan Law Review

Defendant newspaper published a false account of plaintiff's testimony in a criminal trial. In an action for damages for libel against the newspaper and the local distributor of the papers who had no knowledge that libels were contained therein, held (1) privilege to report judicial proceedings applies only to a correct report, even though the inaccuracy be the result of an unintentional mistake; and ( 2) that the vendor is not liable in absence of knowledge that the newspaper contained libelous matter or knowledge of extraneous facts to put him on guard. Bowerman v. Detroit Free Press, 287 Mich. …

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Public Utilities - Rates - Constitutionality Of Statutes Prohibiting Minimum Or Service Charges, S. J. Schuman Jun 1939

Public Utilities - Rates - Constitutionality Of Statutes Prohibiting Minimum Or Service Charges, S. J. Schuman

Michigan Law Review

An Oklahoma statute required that the consumer should be charged only for the gas he used as registered on a meter. The inhabitants of a certain town supplied with gas by petitioner were predominantly small consumers so that on a straight-line meter rate they did not pay for the cost of service. An increase in the rate would not solve the difficulty. The company petitioned the commission for authority to impose either a service charge or a minimum charge. The commission denied the petition. Held, that as applied to this particular case, the statute was unconstitutional and the petition …

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Taxation-Income Tax-Dealings By Corporation In Its Own Stock, John N. Seaman Jun 1939

Taxation-Income Tax-Dealings By Corporation In Its Own Stock, John N. Seaman

Michigan Law Review

From 1921 to 1929, appellee corporation bought shares of its own stock, not for retirement, but to sustain the market, to increase the number of shareholders by resale in smaller blocks, and for other reasons. This stock was held as treasury stock. In 1929 it was sold by the corporation, at a profit. From 1920 to 1934 the Treasury Regulations exempted the proceeds of such a transaction from income tax, treating the purchase and sale as separate decrease and increase in the capital, and not as resulting in income. But in 1934 the regulation was changed, so as to tax …

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Monthly Periodical Index, Michigan Law Review Jun 1939

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

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The Validity Of Corporate Mortgages Executed For Accommodation, Edward O. Curran May 1939

The Validity Of Corporate Mortgages Executed For Accommodation, Edward O. Curran

Michigan Law Review

The problem of the validity of an accommodation mortgage executed by a corporation--that is, a mortgage or pledge of the property or assets of the corporation for the benefit of another without the receipt by the corporate mortgagor or pledgor of any consideration for the loan of its credit--is one which appears not to have been explored by writers on legal topics. No reason is readily apparent for the obvious dearth of discussion on this subject; the pertinent cases are not too numerous for ready collation and the accommodation mortgage device is itself of practical importance in certain situations in …

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Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman May 1939

Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman

Michigan Law Review

Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …

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Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review May 1939

Criminal Law And Procedure - Evidence - Admissibility Of Lie Detector Tests In Evidence, Michigan Law Review

Michigan Law Review

After all the evidence had been produced for the jury's consideration in a murder trial, defendant's counsel moved to reopen the case and be permitted to take defendant to a laboratory to be examined under a pathometer, or lie detector. Held, that as the court could not take judicial notice that the instrument was or was not effective for determining the truth, because the record gave no indication of general scientific recognition, the motion was denied. People v. Forte, 279 N. Y. 204, 18 N. E. (2d) 31, affg. (King Co. Ct. 1938) 4 N. Y. S. (2d) …

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Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review May 1939

Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review

Michigan Law Review

The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …

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Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford Apr 1939

Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford

Michigan Law Review

If any new form of taxation is adopted at the present session of the Michigan legislature, it is likely to be a low rate tax on intangible personal property. Several bills authorizing such a tax have been introduced at legislative sessions in the past, but public sentiment is probably more favorable now than at any other time. Just recently the Tax Study Commission, which was appointed last year by Governor Murphy, recommended that "appropriate legislation" be enacted for the imposition of a low rate tax on intangibles. It is the purpose in this article to analyze briefly some of the …

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Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman Apr 1939

Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman

Michigan Law Review

California ceded to the United States the territory within the state borders known as Yosemite Park, reserving to the state the right to "tax persons and corporations, their franchises and property on the lands included in said parks." California then laid excise and license taxes on the sale and importation of intoxicating liquors. The tax act contained some regulatory measures and the license was granted only after certain regulations were satisfied. T was an operator of stores and tourists' camps in the park who protested payment of these taxes. Held, the tax provisions were enforceable; but the regulatory provisions …

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Interstate Commerce - Discrimination Between Shippers By Providing Non-Transportation Services At Less Than Cost, Thomas K. Fisher Apr 1939

Interstate Commerce - Discrimination Between Shippers By Providing Non-Transportation Services At Less Than Cost, Thomas K. Fisher

Michigan Law Review

In order to increase the use of rail transportation, seven railroads with terminals at the Port of New York expended a total of $35,000,000 in construction of warehouse and docking facilities. Charges for leases, storage (both in and out of the transit privilege), handling and insurance were found by the Interstate Commerce Commission to be non-compensatory. The commission further found that the below-cost warehouse rates were not available to all shippers alike. Upon an appeal by the carriers from a three-judge court's dismissal of their petition to enjoin enforcement of a cease and desist order issued by the commission, it …

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Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review Apr 1939

Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review

Michigan Law Review

Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …

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Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts Apr 1939

Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts

Michigan Law Review

The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans …

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Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell Apr 1939

Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell

Michigan Law Review

The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …

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Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review Apr 1939

Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review

Michigan Law Review

The Pittsburgh Athletic Club sold to sponsors the exclusive right to broadcast the home baseball games of the Pittsburgh Pirates. The sponsors contracted with the National Broadcasting Corporation for the use of two stations. Station KQV, knowing of this arrangement, posted observers on leased premises outside and overlooking the ball park and proceeded to broadcast play-by-play accounts of the games. Each admission ticket contained a stipulation that the holder was not to transmit or aid in transmitting reports of the games outside the park. The athletic club, the sponsors, and the N.B.C. jointly brought an action for an injunction against …

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Book Notes, Michigan Law Review Apr 1939

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

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Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin Mar 1939

Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin

Michigan Law Review

During a membership drive in the Fansteel Metallurgical plants, the petitioner corporation was guilty of an unfair labor practice in that it hired espionage agents to spy upon the union. Lodge 66 attempted to bargain collectively with the petitioner and on its rejection of their offer, the union seized the key plants, effectively stopping production. The petitioner, on the union's refusal to vacate, made a blanket discharge of everyone within the plant, and secured an injunction against the union's possession. Compliance with the order was not obtained, and a writ of attachment for contempt was issued. On the second attempt …

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The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr. Mar 1939

The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.

Michigan Law Review

The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …

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German Social Honor Courts, Harlow J. Heneman Mar 1939

German Social Honor Courts, Harlow J. Heneman

Michigan Law Review

Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …

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