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Michigan Law Review

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Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague Feb 1943

Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague

Michigan Law Review

In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …


What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers Feb 1943

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.


Current Periodical Index, Michigan Law Review Dec 1942

Current Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews. The index embraces material published since the last issue of this REVIEW.


Constitutional Law-Trial By Jury-Conditions Of Valid Waiver Dec 1942

Constitutional Law-Trial By Jury-Conditions Of Valid Waiver

Michigan Law Review

Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.


Torts-The Duty To Rescue-"Am I My Brother's Keeper? Dec 1942

Torts-The Duty To Rescue-"Am I My Brother's Keeper?

Michigan Law Review

A recent case, decided by the Supreme Court of Indiana, and commented upon elsewhere in this issue, involved the interesting question as to the existence of a duty to go to the aid of a person who is in helpless peril through no initial fault on the part of the defendant.


The Revenue Act Of 1942: Federal Estate And Gift Taxation, Paul G. Kauper Dec 1942

The Revenue Act Of 1942: Federal Estate And Gift Taxation, Paul G. Kauper

Michigan Law Review

The Revenue Act of 1942 marks important changes in the substantive law. Most of these changes have been obscured by the publicity accorded the higher rates and other features that distinguish it as the first great taxing measure borne out of the travail of the present conflict. Yet it is remarkable that despite the urgency of the need for war revenues, time and effort should have been expended by Congressional committees and Treasury officials in working out with care and thought revisions that constitute a notable contribution to the clarification and restatement of the substantive law of federal taxation. Important …


Recent Decisions, Michigan Law Review Dec 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen Oct 1942

Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen

Michigan Law Review

The rule has become well established in England that, where a testator bequeaths an annuity for life to his beneficiary and directs his executor or trustee to purchase the annuity with assets of the estate, the annuitant has an option to demand the purchase money in lieu of the annuity. The direction to purchase the annuity is clothed by the courts with a power to change the mere gift of an annuity into a gift in the alternative of the principal or the annuity. This direction indicates the will of the testator that a fund representing the principal of the …


Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively Oct 1942

Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively

Michigan Law Review

In early English appellate practice, the appealability of orders and decrees from a court of equity turned upon a single arbitrary test-whether or not they were enrolled. If an order or decree of the chancellor was enrolled, an appeal could be taken. But in the United States the case was different. In considering whether or not an order or decree could be appealed from, the appellate court looked to see whether it was interlocutory or final, and it was only the latter which could be appealed. Thus in the United States if it is found desirable to have an appeal …


Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr. Oct 1942

Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.

Michigan Law Review

Plaintiff's intestate, a resident of Georgia, owned items of jewelry which were located in Germany and which were subject to a death tax there, intestate having died in Germany. An appraisal was made by a German court commissioner in assessing the tax and a copy of the appraisal was forwarded to plaintiff executor, who, relying thereon, effected a policy of insurance with the defendant covering all the goods, the principal item being a pearl necklace appraised at $60,000. It was discovered on the safe arrival of the jewelry that the pearl necklace was worth but $60.00, being composed of cultured …


Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Recent Decisions, Michigan Law Review Oct 1942

Recent Decisions, Michigan Law Review

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.


Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff Aug 1942

Labor Law - Collective Bargaining And Good Faith Under The National Labor Relations Act, David Davidoff

Michigan Law Review

The National Labor Relations Board brought contempt proceedings against the defendant company for its refusal to comply with a consent decree ordering the defendant to bargain with the union selected as the sole representative of its employees. Negotiations between the defendant and the union were carried on, but no written agreement was reached, and it was charged that the defendant company acted in bad faith in its failure to agree to certain provisions of the proposed contract. Held, that the defendant's refusal to enter into a written contract respecting working conditions already existing was bad faith and amounted to …


Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie Aug 1942

Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie

Michigan Law Review

Section 10(c) has been invoked many times since 1935, and the developments under this section have foreshadowed the progress of integration under 11(b) (1). It is the purpose of this article to examine the nature of the requirements of section 10(c), and to indicate the extent of their effectiveness in accomplishing the integrational objectives of the act.


Corporate Proxies, Leonard H. Axe Aug 1942

Corporate Proxies, Leonard H. Axe

Michigan Law Review

The earlier forms of corporations in England seem to have been political units and the normal mode of conferring corporate rights was by an issue of a charter from the crown, whereby a body of individuals was designated a corporation with the sovereign power to exercise appropriate privileges. Since the charter was issued by the crown, the corporation was considered a part of the government and each member of the corporation was entitled to one vote if given by him in person. As one writer has so well stated, this "was the result of a political philosophy which assumed that …


Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal Aug 1942

Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal

Michigan Law Review

Three months after the passage of the Emergency Price Control Act a partial and selective approach to the problem of price control has been abandoned and a comprehensive over-all ceiling has been put into effect. The economic forces generated by total war have quickly proved too powerful for the limited controls originally planned. As a result, a sweeping program of governmental control over the economic life of the nation has been instituted, with consequences too complex and far-reaching to be foreseen in any detail.


Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr. Aug 1942

Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr.

Michigan Law Review

Plaintiff, a farmer, filed his original petition May 3, 1934, under section 74 of the Bankruptcy Act. Eleven months later he amended his petition, seeking relief under section 75 (a)-(r). Until March 2, 1940, no progress was made, and at that time the plaintiff sought adjudication under subsection (s). The district court entered an order that the petition be denied and the mortgagee's title recognized. The circuit court of appeals affirmed, stating that the petitioner had an affirmative duty to proceed diligently in obtaining a composition and extension agreement under subsections (a)-( r). Held, reversed. The benefits of section …


Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley Aug 1942

Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley

Michigan Law Review

Defendant was indicted for attempting to evade the federal tax on the income of a certain corporation for the years 1933 to 1936. In providing for deductions from gross income, the statute permits a reasonable allowance for salaries or other compensation for personal services. The government charged that the defendant was a party to a fraudulent scheme whereby, under the guise of paying commissions for services, which commissions were · deducted from gross income, the corporation distributed profits to its stockholders. The trial court submitted to the jury the issue whether the deduction represented a reasonable allowance for the services …


Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr. Aug 1942

Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.

Michigan Law Review

A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …


Current Phases Of Derivative Actions Against Directors, Ralph M. Carson Jun 1942

Current Phases Of Derivative Actions Against Directors, Ralph M. Carson

Michigan Law Review

In assuming to discuss in this place some of the current phases of stockholders' derivative actions against directors of corporations, I shall try to keep a course between two extremes. On the one hand, it is of little use to fulfill the easy duty of enunciating general rules of law, stated in such a form that both parties in a contested cause may equally invoke them. Nor, on the other hand, is it of much value to fill an hour's time with details of cases recently decided which, although interesting in themselves, resist general application. What I shall try instead …


Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin Jun 1942

Labor Law -Loss Of Majority Support By Representative With Whom Employer Has Been Ordered To Bargain, Charles J. O' Laughlin

Michigan Law Review

The National Labor Relations Board found that the employer (respondent) had been guilty of unfair labor practices by interfering with the employees' right to unionize and by refusing to bargain collectively with the Pioneer Tobacco Workers' Local Industrial Union No. 55 when the latter had been designated as the bargaining agent by a majority of the employees in an appropriate bargaining unit. During the proceedings before the board a motion for leave to intervene was filed by an independent union claiming the support of a majority of the employees, but the motion was denied by the board. The board ordered …


Antitrust During National Emergencies: Ii, Thomas K. Fisher Jun 1942

Antitrust During National Emergencies: Ii, Thomas K. Fisher

Michigan Law Review

The effects of the Depressions of 1893 and 1929, the Panic of 1907, and World War I upon the enforcement and substantive content of the antitrust law were examined in the first part of this article. Because of the change in government policy toward the law as effected in the early months of the Roosevelt administration, the Depression of 1929 was divided into the years under the Hoover administration and the years under the Roosevelt administration. We have noted that during the former period only twenty-five actions were brought to enforce the law. The legislative policy of that administration in …


Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster Jun 1942

Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster

Michigan Law Review

Stated briefly, the effect of T. D. 5032 has thus been to revert to the original test of payment of premiums for determining when insurance has been "taken out" by the decedent, and to abandon ownership of the policy as a basis for including the proceeds in decedent's estate, thereby departing from the fundamental theory of estate taxation. Thus the regulations, in closing one door to tax avoidance, apparently open another. While this avenue of escape may be narrowed by judicial interpretation, a change in the regulations probably will be required to seal it completely.


Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge Jun 1942

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge

Michigan Law Review

During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …


Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review Jun 1942

Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review

Michigan Law Review

Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …


Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr. Jun 1942

Torts - Boycotts - Requisite Elements, Louis C. Andrews Jr.

Michigan Law Review

Plaintiff was a cafeteria operator in a small village. Defendants, two storekeepers in the same village, agreed to inform the wholesaler who supplied both defendants and the plaintiff that they would cease trading with him if he continued to supply plaintiff. The wholesaler acquiesced, and plaintiff's business soon failed because his sole practical source of supply was cut off. At the close of plaintiff's evidence, defendants moved for judgment as in the case of nonsuit, which was granted. Held, affirmed. One of the requisites of an illegal boycott is a conspiracy. Plaintiff failed to show coercion, which is an …


Procedure In Emergency Price Fixing, Paul B. Rava May 1942

Procedure In Emergency Price Fixing, Paul B. Rava

Michigan Law Review

The Emergency Price Control Act is now on the statute book after six months of Congressional debate. It is the purpose of this paper to examine the administrative procedure set forth by the act.


Antitrust During National Emergencies: I, Thomas K. Fisher May 1942

Antitrust During National Emergencies: I, Thomas K. Fisher

Michigan Law Review

In this article an examination will be made of the effect of previous national emergencies upon the enforcement and substantive content of the antitrust law. The extent to which the problem as presently constituted has counterparts in the past will be noted. Following the historical survey, consideration will be given to the several steps already taken to accommodate the law to the conditions of an economy in a war of world dimension. In conclusion, suggestions will be made for resolving certain aspects of the problem as yet unsatisfactorily answered. Before entering into a discussion of the past emergencies, a brief …


Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder May 1942

Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder

Michigan Law Review

A number of questions dealing with the taxability of commercial annuity policies under death tax statutes have received judicial consideration. By contrast, only a few questions dealing with the taxability of these contracts under income tax laws have been raised before the courts. But the income tax problems are equally important in terms of tax liability. Moreover, they will in the future assume an even larger significance in view of the large number of annuity contracts of various types which have been issued and are now being offered by insurance companies. Accordingly some explanation of these problems is warranted.


Libel And Slander - Extension Of The Doctrine Of Absolute Privilege To Inferior Executive And Administrative Officials, Michigan Law Review Apr 1942

Libel And Slander - Extension Of The Doctrine Of Absolute Privilege To Inferior Executive And Administrative Officials, Michigan Law Review

Michigan Law Review

In accordance with the Ohio Constitution, which provides that a copy of proposed amendments shall be distributed to the electorate together with an argument both for and against the proposed amendments, the governor of the state appointed defendant to prepare arguments against certain proposed amendments to the state constitution. The report contained the statement that plaintiff, sponsor of the proposed amendments, was "a paid lobbyist for the single tax movement." Plaintiff brought suit for libel. Held, that since the defendants were members of the commission appointed by the governor acting in the discharge of their official duty, they were …