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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. Periodicals, court reports, and other publications that appear at frequent and regular intervals are not listed. The information given is derived from inspection of the books, publishers' literature, and the ordinary library sources.

Legal Liability For War Damage, John Hanna

Michigan Law Review

This article considers some of the rules for determining liability for economic loss in respect of war claims, especially as applied in connection with claims of life insurance companies for loss of premiums, of insurers of property for war risk insurance premiums, of property insurers for sums paid to foreign policyholders on war losses, and of owners seeking to recover for loss of expected profits. The rules discussed are broadly applicable to international claims in general.

Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee

Michigan Law Review

This paper is concerned with the rules found in our state constitutions for apportionment of representation in the state legislature. It does not attempt to solve the problems of high-tension politics that are involved in the making and remaking of such rules; it goes no deeper than an exposition of existing rules. Even on this level it is not exhaustive. Since the constitutions exhibit manifold variations, from simple directions which are scarcely more than a declaration of policy to complex rules for the formation of districts, no attempt will be made to classify all the different types of provisions. With …

Contempt-Right Of Court To Dismiss Attorney From Trial-Hardship On Client, John Dobson

Michigan Law Review

Petitioner asked for a writ of mandamus to have himself reinstated as counsel in a trial. The petitioner had represented two defendants in a criminal action, up until the time the judge presiding in the trial, respondent here, ordered him dismissed from the court as the attorney of record for the defendants. The respondent had called on the various counsel in the case to explain a certain matter, which seemed, "prima facie at least," to show contempt of court. When the petitioner was called on he did not confine himself to the matter in question, but proceeded to attack the …

Aspects Of Wage Stabilization By The National War Labor Board, David Haber

Michigan Law Review

Most economists assume that behind an unrestricted war economy lurk the dangers of inflation. Although national income increases, so much of the country's productive effort is devoted to the manufacture of war goods that the number of articles available for civilian consumption necessarily diminishes. This gap between the available supply and the existing purchasing power has the effect of raising prices. Rising wages aggravate this situation because they increase production costs which are then passed on to the consumer in the form of higher prices, and because, by further increasing the purchasing power of the population, they increase the gap …

Administration Of Estates-Requirement Of Notice For Probate Of Will Or Grant Of Letters Of Administsration, Elizabeth Durfee

Michigan Law Review

To lawyers and judges in states which require notice for the initiation of probate or administration, it may come as a shock to discover that there are many jurisdictions in which these proceedings can be had without any notice whatever. It is the purpose of this note to investigate the situation in the various states, in order to show that in nearly half of them notice is not considered essential. The sole question to be considered is notice or no notice; this comment is not concerned with the kind of notice required, nor with the possibility of waiver of notice …

Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers

Michigan Law Review

Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.

Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite

Michigan Law Review

One of the most important cases before the courts was decided by the Circuit Court of Appeals of the District of Columbia on June 4--a case involving asserted absolute discretion in a government official to determine the right to second-class mail privileges, and thereby, indirectly, to censor the press. The background facts of the case are essential to appreciation of its importance.

Current Periodical Index, Michigan Law Review

Michigan Law Review

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

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.

Construction Of Private Instruments Where Adopted Children Are Concerned: Ii, J. Wesley Oler

Michigan Law Review

Thus far in the discussion the attempt has been to consider a number of common terms of general designation, such as "children," "issue," and "heirs," detached from other language with which they may be found and disassociated from the circumstances under which they may be used, with a view to estimating their intrinsic significance in resolving questions as to the effect of adoption upon the identification of persons designated by them. The examination from this point: of view could lead to the deduction that in themselves the particular terms of designation furnished varying degrees of assistance to the interpreter of …

Acceptance By Intervention In Bills Of Exchange, Salvador Ltriago

Michigan Law Review

Intervention is an act whereby a person becomes a party to a negotiable instrument, whether by accepting the bill or by paying the sum indicated thereon, in order to relieve one of the obligors on the bill from the action of recourse that the holder could assert against him in consequence of default of acceptance or payment by the drawee.

The complexity of the material to be discussed renders it necessary, in order to clarify the development of the exposition, for us to advance several concepts, which will later be considered more fully at the proper places.

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and related subjects (e.g.. economics, business, finance, sociology, government, etc.) which are of possible value to the legal profession.

What Of The World Court Now?, C. Sumner Lobingier

Michigan Law Review

The Permanent Court of International Justice was expressly provided for in the League of Nations Covenant (Article XIV) of 1919 and the "Statute" creating it was drafted by an advisory committee of the League, meeting at the Hague, and opened for signature in the following year. By 1921 the ratifications of twenty-eight states put it into effect and the Court was formally opened, with a full quorum of judges, on February 15 (Bentham's birthday) 1922. For nearly twenty years it continued to function and its sessions were suspended only by the presence of the Nazi invaders of the Netherlands.

Coverage Of The Fair Labor Standards Act, Malcolm M. Davisson

Michigan Law Review

The writer published an article dealing with the coverage of the Fair Labor Standards Act in the June, 1943 issue of the Michigan Law Review. It is the purpose of this paper to consider the most important decisions since the preparation of that article (March, 1943) and to examine the applicability of the act to certain activities not there discussed.

Clovis Bevilaqua And The Brazilian Civil Code, Anyda Marchant

Michigan Law Review

Clovis Bevilaqua is a monument in the history of Brazilian law. His death on July 26, 1944, closed the door on an epoch. When he began his career in the eighties, Brazilian law, with the exception of the commercial code, was uncoordinated and outmoded. Now. Brazil is in a period of very active work on the recodification of its laws and their adaptation to the needs of modern life. Not all of this change is the work of one man, but Bevilaqua was the principal lingering representative, among the lawyers, of the intellectual movement that accompanied the setting up of …

Limitations Of Action-Statute Of Limitations As Guide For Determination Of Laches Where Concurrent Remedies Are Available In Law And Equity, Craig E. Davids S.Ed.

Michigan Law Review

In 1926 Bovay, one of the complaining trustees in bankruptcy herein, organized an Arkansas corporation to construct and operate a vehicular traffic bridge across the Mississippi River. Defendants agreed to finance the project but were dissatisfied with the voting control of the Arkansas corporation lodged in Bovay and organized a Delaware corporation, the bankrupt herein, to take an assignment of the bridge franchise. The bankrupt issued 60,000 shares of no par value common stock, 40,000 shares going to defendants though no consideration was paid, and 20,000 shares to Bovay. Defendants also named five of the nine members of the board …

Torts-Liability Of Negligent Driver To One Who Goes To His Rescue, Margaret Groefsema S.Ed.

Michigan Law Review

Where plaintiff went to the aid of defendant who lay pinned beneath the wheel of his car after a collision caused by his own negligent driving, the Michigan Supreme Court held that plaintiff could recover for injuries sustained when the car rolled back upon her as she was attempting to remove defendant. Brugh v. Bigelow, (Mich. 1944) 16 N.W. (2d) 668.

Current Periodical Index, Michigan Law Review

Michigan Law Review

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

Maximum Prices With Respect To Agricultural Commodities, Robert H. Shields

Michigan Law Review

As we all know, prices of agricultural commodities during this war have been directly and substantially affected by Government controls and will probably continue to be so affected in the immediate future. These controls take two forms: First, there are those relating to price floors, that is, minimum support prices with respect to agricultural commodities; and, second, there are those relating to price ceilings, that is, maximum prices with respect to agricultural commodities.

The Administration Of A Decedent's Estate As A Proceeding In Rem, Lewis M. Simes

Michigan Law Review

For over a century American courts and text writers have referred to the administration of a decedent's estate as a proceeding in rem. Indeed, it has recently been asserted that a probate proceeding is "universally recognized as a proceeding in rem." But more cautious persons have been content to suggest that it is at least "quasi in rem," or have carefully skirted the fog which is wont to envelop this area of the law and given it silent treatment. Thus, the American Law Institute Restatement of the Law of Judgments ( which purports to include the law of probate decrees) …

Trade-Marks: Monopoly Or Competition?, Leslie Davidson Taggart

Michigan Law Review

Three articles have appeared in the Georgetown Law Journal in which the thesis is asserted that trade-marks are monopolies in restraint of trade under the Anti-Trust Acts. Their publication seems to have been caused in part by the proposed revision of the United States Trade-Mark Statutes, which was started by a bill originally introduced into the House on January 19, 1938. The thesis of this present article is that a trade-mark in fact distinguishes one man's product from the products of his competitors, with the result that the consumer can make a choice among them.

Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus

Michigan Law Review

Unlike the First World War, the Second World War has already produced at this stage of its progress significant publications concerning the problems of military government which may well assist interested students and practitioners in cutting a path through this thorny field. Occupying the area of enemy countries is a task of which by all odds the most difficult part, that of the occupation of both Germany and Japan, still lies ahead. Two recently published studies, both of them by jurists with a European legal background who are at present engaged in the service of a war agency of the …

Construction Of Private Instrument's Where Adopted Children Are Concerned: I, J. Wesley Oler

Michigan Law Review

The institution of adoption is of ancient tradition, knowing primitive origin and tracing its history through many civilizations. Today its universality still bespeaks the human needs from which it springs.

Recent growth of statutory reforms, procedural and substantive, in our adoption system reflects the increasing social interest of the state in this field. Procedurally, extensive strides have been made to safeguard those directly concerned in adoption, and through them to protect the public in general. Substantively the lagging but nonetheless noticeable trend is toward complete legal equivalence between relationship by adoption and relationship by blood. At present, however, such equivalence …

Abstracts, Mary Jane Plumer

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.

Current Periodical Index, Michigan Law Review

Michigan Law Review

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

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.

Liberty Under The Fourteenth Amendment: 1943-44, John Raeburn Green

Michigan Law Review

Elsewhere efforts have been made to survey the status of the fundamental rights guaranteed by the Bill of Rights with respect to their protection against state abridgment. The decisions of the Supreme Court were examined, from the February term, 1790, through the 1942 term. It was observed that the struggle to obtain for these rights and liberties federal constitutional protection against state abridgment, as well as against federal abridgment, had been almost continuous since the adoption of the Constitution; that Madison had sought, unsuccessfully, to include in the Bill of Rights guaranties against state abridgment for freedom of speech and …

Research In Inter-American Law At The University Of Michigan, Hessel E. Yntema

Michigan Law Review

In the Americas, the historic trade routes have run east and west, more than north and south. Geographic necessity has decreed that, subject to possible reorientation with the future development of aviation, the dominant factor influencing the course of commerce with this hemisphere should be the open sea. Westward across the Atlantic, came the explorers, the conquistadors, the pioneers, succeeded by wave after wave of immigration to the New World, seaborne on argosies that, laden with the fabulous spoils and profits of empire, returned to the homelands the tribute of the New to the Old World. Achievement in the Nineteenth …

Capacity Under The Negotiable Instruments Laws Of The Americas: A Comparative Study, Luis M. Ramirez B.

Michigan Law Review

Closely related to the legal rules that regulate the different aspects and effects of endorsement is the question of capacity to endorse bills of exchange. This forms part of negotiatory capacity in general, which, in a broad sense, may be defined as the faculty of a person to acquire rights and to assume obligations on negotiable instruments.