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Purely Economic Justifications Sufficient To Permit Exercise Of Federal Eminent Domain Power--United States V. Certain Parcels Of Land, Michigan Law Review

Michigan Law Review

The federal government, pursuant to authorizing statutes, sought to condemn defendant's land, alleging that it was needed as a source of fill for a section of the National System of Interstate and Defense Highways. Defendant offered proof demonstrating that commercial fill could easily be purchased within the immediate area, that it was therefore not necessary for the government to condemn any land in order to complete the construction of the highway, and that his land was zoned "light industrial" and was thus ideally suited for future development. Employing the usual stringent proof requirements, the court granted the government's motion for …

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …

Personal Holding Companies And The Revenue Act Of 1964, Jerome B. Libin

Michigan Law Review

By 1964, many years had elapsed since significant changes were made in the federal income tax treatment of so-called "personal holding companies." For that reason alone, any amendments contained in the Revenue Act of 1964 that dealt with personal holding companies would have deserved attention. But the fact is that the changes made by the 1964 Act are so powerful in their thrust that they require the most careful kind of study by every practitioner charged with advising closely held corporations. Since the new provisions are rather complicated in nature, such a study cannot lead to a full understanding of …

Kamisar, Inbau & Arnold: Criminal Justice In Our Time, Theodore Souris

Michigan Law Review

A Review of Criminal Justice in Our Time by Yale Kamisar, Fred E. Inbau, and Thurman Arnold

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Substantive Retroactive Remedial Tax Legislation And The Statute Of Limitations, Michigan Law Review

Michigan Law Review

Since 1953, Congress has enacted at least forty-eight retroactive amendments to the revenue laws, thirty-nine of which have provided for substantive remedial change. While nine of these thirty-nine amendments have contained specific provisions for extending the limitations period, sixteen have retroactively amended substantive law applicable to years normally barred by the statute of limitations but have not contained a provision extending the limitations period. The question is thus raised whether a provision, silent as to its procedural effect, implicitly repeals or modifies the applicable statute of limitations on claims for refunds brought under the retroactive change in the law.

The Economic Treatment Of Automobile Injuries, Alfred F. Conard

Michigan Law Review

The automobile has changed more than Americans' ways of transportation. It has changed their ways of housing, of working and playing, of eating, living, and loving. It has also added to their ways of suffering and dying.

The suffering and dying have called forth two kinds of treatment. The better recognized kind is medical treatment, which staves off death and minimizes pain and disability among the living. The less recognized kind of treatment is economic-the restoration to the injury victim or to his dependents of some part of the economic wellbeing that has been snatched away from them by loss …

Words "Civil Or Criminal" In Clayton Act Section 5 Do Not Include Federal Trade Commission Proceedings-Highland Supply Corp. V. Reynolds Metals Co., Michigan Law Review

Michigan Law Review

In a private antitrust action for treble damages filed in 1963, plaintiff referred in its complaint to a Federal Trade Commission proceeding brought against the defendant in 1957, which had resulted in a final divestiture order. Defendant moved to strike these references in the complaint on the ground that section 5(a) of the Clayton Act, which authorizes private parties to utilize a government "judgment or decree . . . rendered in any civil or criminal proceeding" as prima facie evidence in subsequent treble damage suits, does not include a Federal Trade Commission proceeding. Defendant also moved to dismiss the …

Court, Congress, And Reapportionment, Robert B. Mckay

Michigan Law Review

In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

Hyneman: The Supreme Court On Trial, William W. Van Alstyne

Michigan Law Review

A Review of The Supreme Court on Trial. By Charles S. Hyneman

Periodical Index, Michigan Law Review

Michigan Law Review

This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.

Recent Antitrust Developments-1964, Milton Handler

Michigan Law Review

Ever since the passage of the Sherman Act, the courts have consistently refused to permit the requirements of antitrust to be circumvented by the easy expedient of dressing a sale in the vestments of a sham agency agreement. In Dr. Miles Medical, where the Supreme Court first held vertical price fixing unlawful, the seller and buyer denominated their agreement as an "agency," but the Court properly concluded that it was, in fact, a sale. Likewise, in Standard-Magrane, the first occasion on which the Court considered section of the Clayton Act, the seller purported to appoint his customers as …

Foundations And The Patman Committee Report, John E. Riecker

Michigan Law Review

It is the purpose of this article to evaluate the major points of the first, and main, installment of Congressman Patman's Report in the light of existing Internal Revenue Code provisions, Treasury regulations, and the more significant federal court decisions and Internal Revenue Service rulings. While the Report itself is more inclusive, space limitations dictate that this article be confined to section 501(c)(3) organizations-chiefly foundations, tax-exempt funds, and charitable trusts. Although the writer will strive to be objective, it is difficult to avoid some of the political gloss in which the Report is cast and impossible to discuss the ramifications …

Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review

Michigan Law Review

Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …

Mellinkoff: The Language Of The Law, Ronald L. Goldfarb

Michigan Law Review

A Review of The Language of the Law. By David Mellinkoff

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith

Michigan Law Review

The practice of law is impressed with a public interest. Whether by representation in a judicial proceeding or by advice on a legal problem, the lawyer renders professional service to the public. Preserving client confidences, assuring unquestioned loyalty, and rendering expert counsel are typical obligations of the legal profession. Another responsibility of lawyers is that of protecting the public from legal practice by unqualified laymen. Three areas of activity are involved in preventing unauthorized practice of law. Lawyers and public officials must define the practice of law/ investigate and prosecute unlicensed practitioners, and by judicial remedy prohibit further unauthorized practice. …

State Action, State Law, And The Private Hospital, Mary Mandana Long

Michigan Law Review

On March 2, 1964, the United States Supreme Court denied a petition to review by certiorari the decision in Simkins v. Moses H. Cone Memorial Hosp. By declining to review the case the Supreme Court left unaffected the holding of the Court of Appeals for the Fourth Circuit that two private hospitals which had participated in the Hill-Burton program of federal hospital assistance were sufficiently involved with governmental action, both state and federal, to bring their conduct within the fifth and fourteenth amendment prohibitions against racial discrimination. This decision will probably affect all of the 3,346 private, non-profit hospitals in …

Corporations- Allocation Of Subsidiary's Tax Benefit From Consolidated Return, Thomas B. Ridgley

Michigan Law Review

Defendant parent corporation received from its subsidiary 3,556,992 dollars in tax benefits which had accrued to the subsidiary from filing a consolidated income tax return. By agreement between parent and subsidiary, the profit-making corporation was to pay the losing corporation the savings created by the consolidated return. The working relationship of the two assured the subsidiary profits and the parent losses. Consequently, nearly all tax benefit inevitably flowed to the parent. Plaintiffs, the subsidiary's minority stockholders, sought a refunding of benefits allocated to defendant, claiming that the agreement was unfair and alleging that the defendant, as the subsidiary's majority shareholder, …

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …

Babcock V. Jackson: The Transition From The Lex Loci Delicti Rule To The Dominant Contacts Approach, Arthur M. Sherwood

Michigan Law Review

This comment will examine the lex loci delicti rule and the judicial transition from it to the new "dominant contacts" approach enunciated in Babcock, with some attempt to consider unresolved difficulties in the newer approach to choice of tort law.

International Law-Treaties-Inheritance Rights Of Residents Of Yugoslavia, Charles F. Niemeth

Michigan Law Review

All the heirs at law of a Pennsylvania resident who died intestate resided in Yugoslavia. The Orphans' Court found that the distributees would not have the actual benefit, use, enjoyment or control of their intestate shares. In accordance with a state statute providing for such contingency,1 the funds were ordered paid, without escheat, into the state treasury. On appeal, held, affirmed, one judge dissenting. Because the statute is custodial rather than confiscatory, it is not repugnant to the most-favored-nation clause of the treaty between the United States and Yugoslavia which provides for reciprocal rights of inheritance between citizens of …

Bosland: Estate Tax Valuation In The Sale Of Merger Of Small Firms, Herman L. Trautman

Michigan Law Review

A Review of Estate Tax Valuation in the Sale of Merger of Small Firms. By Chelcie C. Bosland.

Management And Labor Appraisals And Criticisms Of The Arbitration Process: A Report With Comments, Dallas L. Jones, Russell A. Smith

Michigan Law Review

Although arbitration as a means of resolving disputes arising under collective bargaining agreements has received widespread acceptance in this country/ in recent years there has been some evidence of increasing criticism of the process. As part of a research project dealing with the impact of the 1960 Supreme Court decisions in the Warrior & Gulf "trilogy" and the 1962 Sinclair "trilogy," we decided to ascertain how parties are appraising the arbitration process. We report here the more significant results of this survey along with our evaluation of the criticisms and suggestions which were received.

Constitutional Law-Search And Seizure-Retrospective Application Of Mapp V. Ohio, Timothy D. Wittlinger

Michigan Law Review

On February 15, 1960, the Louisiana Supreme Court affirmed petitioner's conviction for simple burglary. The conviction was obtained through the use of evidence unlawfully seized from petitioner in violation of the fourth amendment of the United States Constitution. In December 1961 the District Court for the Parish of West Feliciana denied petitioner's writ of habeas corpus filed after the Supreme Court decision of Mapp v. Ohio, which forbade introduction at state trials of evidence seized by state officers in violation of the fourth amendment. The denial of the writ was affirmed by the Louisiana Supreme Court, and certiorari was …

Constitutional Law-Federal Criminal Procedure-Right To Counsel Under Section 2255 Of The Judicial Code, Gerald J. Laba

Michigan Law Review

Petitioner, seeking to attack a conviction for illegal possession of narcotics, was granted leave to sue in form a pauperis under 28 U.S.C. section 2255, but his request that counsel be appointed for him was denied. Petitioner's section 2255 motion to vacate judgment was denied. Petitioner then entered a second section 2255 petition alleging basically the same errors but adding that the court had erred in not appointing counsel for his first petition. The second motion was denied without a hearing on the ground that it was "the second or successive motion for similar relief .... " Petitioner appealed in …