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Michigan Law Review

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Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed. Dec 1959

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …


Taxation - Federal Income Tax - Commission Received By Life Insurance Agent On Policies Purchased By Him Held To Be Taxable Income, Roger W. Findley S.Ed. Dec 1959

Taxation - Federal Income Tax - Commission Received By Life Insurance Agent On Policies Purchased By Him Held To Be Taxable Income, Roger W. Findley S.Ed.

Michigan Law Review

Taxpayer was agent for eleven life insurance companies. From two of them he purchased policies on the lives of his business partner, three key employees, and his children. He paid the regular premiums and subsequently received standard first-year and renewal commissions. When taxpayer did not include these in his gross income, the Commissioner assessed deficiencies and was sustained by the district court, On appeal, held, affirmed. A commission received by a life insurance agent on a policy purchased by him is taxable income. Ostheimer v. United States, (3d Cir. 1959) 264 F. (2d) 789, cert. den. 80 S.Ct. …


Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark Nov 1959

Edson Sunderland And The Federal Rules Of Civil Procedure, Charles E. Clark

Michigan Law Review

It was my privilege to be associated with Edson Sunderland for many years in a major endeavor for the improvement of law administration, namely, the framing of the Federal Rules of Civil Procedure. In this association I came to know what a rare spirit he was, how devoted to the public service he had undertaken, and yet withal how gay and charming a friend and co-worker he always showed himself. In the roster of American workers for better justice he stands preeminent for the length, the original character, and the unique persistence of his labors. But this wholehearted idealism in …


Edson R. Sunderland And The Teaching Of Procedure, Charles H. King Nov 1959

Edson R. Sunderland And The Teaching Of Procedure, Charles H. King

Michigan Law Review

Once having arrived at the University of Michigan Law School, Edson Sunderland never left, except on a temporary basis. He entered the school in 1898, having previously received his Bachelor's and Master's degrees from the University's College of Literature, Science and the Arts. Immediately upon his graduation in 1901 he was invited to become a member of the faculty, an invitation which he accepted effective the following fall.


Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr. Nov 1959

Edson R. Sunderland's Contribution To The Reform Of Civil Procedure In Illinois, George Ragland Jr.

Michigan Law Review

Illinois is greatly indebted to Edson R. Sunderland for the effective and enduring contributions which he made to the Civil Practice Act of 1933. That reform was encouraged in no small degree by his speeches and writings. He served as its principal draftsman. His suggestions were of much assistance to the bench and bar of the state in modifying and implementing the original draft so that the measure could be successfully put into operation. Regulation of details of practice by rules of court, which was a primary feature of Professor Sunderland's draft and one which he helped defend against attack, …


Legal Writings Of Edson R. Sunderland, Michigan Law Review Nov 1959

Legal Writings Of Edson R. Sunderland, Michigan Law Review

Michigan Law Review

The following bibliography, with some additions and corrections supplied to the editors, is reprinted by permission of Professor Sunderland's family who presented the original to him in 1957 on the occasion of his eighty-fourth birthday.


Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed. Nov 1959

Constitutional Law- Equal Protection - Right To Counsel In Appeal By Indigent Person, Gertrude S. Rosenthal S.Ed.

Michigan Law Review

Following his conviction for assault with intent to commit rape, defendant gave notice of appeal. Declaring he was indigent but with meritorious grounds for prosecuting an appeal, he petitioned the appellate court for the appointment of counsel to present his case by brief and oral argument. No information concerning the defendant's age, education or experience was given by the petition, nor were specific grounds for review alleged. Appeal is a matter of right in criminal cases in the jurisdiction. Held, petition denied, two judges dissenting. No action will be taken until a transcript of the record is filed. The …


Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii Nov 1959

Gifts - Mistake-Rights Of The Doner, Donee And Their Successors In Interest To Relief, George Re. Parker Iii

Michigan Law Review

The comment will deal first with three topics, (1) donor's rights against the donee or mistaken transferee, (2) donee's rights against the donor, and (3) rights of an intended donee against the mistaken transferee. This will be followed by a discussion of the problem which arises when the relative rights of more than two parties are involved.


International Conflict Of Laws - Title To Chattels "Act Of State" Doctrine, John C. Peters S.Ed. Nov 1959

International Conflict Of Laws - Title To Chattels "Act Of State" Doctrine, John C. Peters S.Ed.

Michigan Law Review

In order to clarify the use of terms, a "confiscation" when used in this comment will mean an expropriation by a foreign state without compensation. This writer will not go into the question of what is considered fair compensation in international law. Nor will the present comment consider confiscations made in time of war or the question of extraterritorial expropriations.


Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed. Jun 1959

Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.

Michigan Law Review

During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …


Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross May 1959

Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross

Michigan Law Review

A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …


Unfair Trade - Practices - Robinson-Patman Act - Payments For Advertising Under Sections 2 (D) And 2 (E), Robert Segar Apr 1959

Unfair Trade - Practices - Robinson-Patman Act - Payments For Advertising Under Sections 2 (D) And 2 (E), Robert Segar

Michigan Law Review

Plaintiffs, wholesale and retail grocers, brought a class action for treble damages and injunctive relief under sections 2(d) and 2(e) of the Robinson-Patman Act. Defendant suppliers of defendant-A & P Co. had paid for advertising in Woman's Day, a magazine published by a wholly-owned subsidiary of A & P, without making a corresponding allowance available to plaintiffs who had no similar publication. The district court found no violation of section 2(e) since the suppliers were not contributing to the furnishing of a discriminatory service within the meaning of that section. Because the advertising was designed primarily to aid defendant-suppliers, …


"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London Apr 1959

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …


Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed. Apr 1959

Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.

Michigan Law Review

United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …


Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed. Apr 1959

Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.

Michigan Law Review

Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …


Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson Apr 1959

Restitution - Constructive Trusts - Family Arrangements With Respect To Land Entered Into By Oral Trust, Robert Bruce Nelson

Michigan Law Review

A mother, desiring to divide real property among five children, conveyed two of five shares by separate deeds to her daughter, Edith. Although no instructions were written, it was intended that Edith hold one share for her brother, John, who was mentally ill. Edith had no knowledge of the deed to this share at the time, as it was held by another brother, although the deed of her share was delivered to her. It does not appear when Edith first learned of the deed or the trust. When John died she was told of the deed by her other brother, …


Macdonald: Psychiatry And The Criminal, Raymond L. Carol Apr 1959

Macdonald: Psychiatry And The Criminal, Raymond L. Carol

Michigan Law Review

A Review of Psychiatry and the Criminal By John M. MacDonald.


The Law Of The Collective Agreement, Charles O. Gregory Mar 1959

The Law Of The Collective Agreement, Charles O. Gregory

Michigan Law Review

The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.


Setting The Price In An Close Corporation Buy-Sell Agreement, David Keith Page Mar 1959

Setting The Price In An Close Corporation Buy-Sell Agreement, David Keith Page

Michigan Law Review

The stockholders of a close corporation may consider it important to keep control of the business "within the family." This can be accomplished through a restrictive agreement, typically one which gives the corporation or the remaining stockholders a first option to purchase the shares of any departing stockholder. The original owners may also wish to guarantee themselves a ready purchaser for their stock when they die or leave the business. This second objective can be attained by adopting a restrictive agreement which places an obligation on the departing stockholder to sell to the corporation or to the surviving stockholders, who …


Priorities: Ii, Edgar N. Durfee Mar 1959

Priorities: Ii, Edgar N. Durfee

Michigan Law Review

This is the second part of "Priorities" (also known as "Little Nemo") which was taken from Professor Durfee's teaching materials. The first part was published in the February issue-which was dedicated to the memory of Professor Durfee.


Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed. Mar 1959

Admiralty - Death On The High Seas Act - Effect On Workmen's Compensation Recoveries, Thomas E. Kauper S.Ed.

Michigan Law Review

Decedent, aboard an airliner in his capacity as flight service supervisor, was killed when the plane crashed into the Pacific. Respondent airlines, decedent's employer, filed an application with the California Industrial Accident Commission to determine its liability under the California Workmen's Compensation Act. The commission awarded decedent's widow a death benefit despite the widow's objection to the commission's jurisdiction. Prior to the award the widow as administratrix of decedent's estate initiated this action under the Death on the High Seas Act (DHSA) in admiralty. On motion for summary judgment in respondent's favor, held, motion granted. DHSA is applicable to …


Trusts - The Fiduciary Aspects Of Estate Corporations, John P. Williams S.Ed. Mar 1959

Trusts - The Fiduciary Aspects Of Estate Corporations, John P. Williams S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the existing law with regard to estate corporations, in the hope of providing a guide for persons contemplating contact with them.


Periodical Index, Michigan Law Review Mar 1959

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.


Trusts - Construction - Distinction Between "Stock Dividends" And "Stock Spit" For Allocation Purposes, Roger W. Findley S.Ed. Mar 1959

Trusts - Construction - Distinction Between "Stock Dividends" And "Stock Spit" For Allocation Purposes, Roger W. Findley S.Ed.

Michigan Law Review

In 1918 a settlor created two identical trusts, the corpus of each consisting of 300 shares of General Electric no-par common stock. The income was to go to life beneficiaries, and at their deaths the principal was to revert to the settlor or his residuary estate. The trust instrument directed the trustee to transfer to the settlor or his executor, "free of all trusts hereby created, any and all stock dividends .... " In 1954 the corpus of each trust included 1200 shares of G.E. no-par stock with a stated value of $6.25 per share, there having been two stock …


Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney Feb 1959

Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney

Michigan Law Review

At the invitation of the editors, Professor MacChesney undertook to write this article especially for the memorial issue as a tribute to Professor Durfee, his former teacher.


International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller Feb 1959

International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller

Michigan Law Review

A time charter provided that either party should have a right to cancel "if war is declared against any present NATO countries. . . ." Respondent-owners, having invoked this clause shortly after the Suez crisis erupted into open warfare, contended that a speech delivered by Egyptian President Nasser constituted a declaration of war. The speech in question, which was delivered to a large public gathering in Cairo, broadcast throughout Egypt and subsequently published, declared in part, "We shall fight as we have always said in a total war." It urged the people to "fight and never surrender." In libels for …


Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer Feb 1959

Friedrich: The Philosophy Of Law In Historical Perspective, Edgar Bodenheimer

Michigan Law Review

A Review of The Philosophy of Law in Historical Perspective. By C. J. Friedrich.


Specific Performance In France And Germany, John P. Dawson Feb 1959

Specific Performance In France And Germany, John P. Dawson

Michigan Law Review

Edgar Durfee studied long and closely the subject of specific performance. He taught it for many years, wrote about it and planned to ·write more. He conceived it broadly, as he did every subject that ever had his attention, but he had a lively interest in details, including very technical details. Long before others and much more than most, he saw the importance of our remedial system both in shaping law and as a reflection of its larger purposes. All those who learned from him will remember as long as memory lasts the insight he gave and the hidden meanings …


Patents - Standard Of Invention - Effects Of Sections 103 And 282 Of Patent Act Of 1952, John F. Powell S.Ed. Jan 1959

Patents - Standard Of Invention - Effects Of Sections 103 And 282 Of Patent Act Of 1952, John F. Powell S.Ed.

Michigan Law Review

Defendant counterclaimed for patent infringement in a declaratory judgment action. The trial court, holding the patent invalid for lack of "invention," dismissed the counterclaim. On appeal, held, reversed. The patent in question was valid, this conclusion being based on an independent study of the pertinent prior art and on the additional factors of industry acquiescence, commercial success, and the statutory presumption of validity of a duly issued patent. Georgia-Pacific Corp. v. United States Plywood Corp., (2d Cir. 1958) 258 F. (2d) 124, cert. den. 27 U.S. LAW WEEK 3147 (1958).


The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park Jan 1959

The Michigan Supreme Court - An Analysis Of Recent Decisions, Frederic F. Brace Jr., James A. Park

Michigan Law Review

It is the purpose of this comment to attempt to determine and evaluate just what the court's role has been. Attention will be directed to selected areas of non-statutory and statutory law, with specific emphasis placed upon the areas of contributory negligence and workmen's compensation.