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Articles 6001 - 6030 of 8523
Full-Text Articles in Entire DC Network
Monthly Periodical Index, Michigan Law Review
Monthly 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.
Corporate Proxies: Ii, Leonard H. Axe
Corporate Proxies: Ii, Leonard H. Axe
Michigan Law Review
The first installment of this article discussed the historical development of the right and power to vote by proxy, and examined the cases dealing with the regulation by by-law of the right to vote by proxy, who may act as proxy holders, and the form of the proxy. Emphasis was placed upon the practical aspects of the execution of proxies and the duties of inspectors of elections. The present installment will take up the persons entitled to appoint proxy holders, the right to examine proxies, the scope of authority conferred and exercise of power, circumstances under which a stockholder is …
Torts - Recovery For Mental Anguish In Unauthorized Autopsy Cases, Brooks F. Crabtree
Torts - Recovery For Mental Anguish In Unauthorized Autopsy Cases, Brooks F. Crabtree
Michigan Law Review
In the cases involving autopsies which are unauthorized, consent for their performance not having been obtained prior to their execution, the courts are fairly well committed to the proposition that a cause of action to recover for the mental anguish caused by the autopsy exists in favor of some person closely connected to the deceased. However, the grounds upon which this recovery has been based are varied, and not altogether consistent; and it is the purpose of this comment to discuss these several grounds and to attempt an evaluation of them, in the hope of arriving at some conclusion as …
Recent Decisions, Michigan Law Review
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.
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Michigan Law Review
Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …
Labor Law - Coverage Under Fair Labor Standards Act Of Service Employees Of Loft Building Whose Tenants Are Engaged In Commerce, Lee B. Brody
Michigan Law Review
Defendant was a lessor of a loft building, portions of which were occupied by clothing manufacturers who shipped their products into interstate commerce. As part of its obligation under the lease, the defendant offered service and maintenance of the building, employing for that purpose elevator operators, watchmen, firemen, an engineer, a carpenter and his helper, and a porter. Defendant appealed from an injunction prohibiting it from further violating the wage provisions of the Fair Labor Standards Act of 1938. The circuit court of appeals affirmed the judgment of the district court granting the injunction. Held, on certiorari, one justice …
Comparative Research And Unification Of Law, Hessel E. Yntema
Comparative Research And Unification Of Law, Hessel E. Yntema
Michigan Law Review
The current interest in international unification of law as a major objective of comparative legal research is significant testimony, in an era of accentuated nationalism, to the increasing solidarity of the modern world. In the development of this interest, Latin America has played a pioneer role. As early as 1826, the celebrated Congress convened at Panama envisaged in its deliberations what one of its members termed a "System of Public Law" for the Americas. The Congress of Montevideo of 1888-1889, anticipated by the Lima Congress of Jurists of 1878, produced the first substantial and successful codification of private international law, …
Wills - Interpretation Of "Existence" As Used In Statutes Providing For Probate Of Lost Or Destroyed Wills, Edward P. Dwyer, Jr.
Wills - Interpretation Of "Existence" As Used In Statutes Providing For Probate Of Lost Or Destroyed Wills, Edward P. Dwyer, Jr.
Michigan Law Review
Testator, about to undergo a serious operation, executed a will leaving $5,000 to his fiancée and the balance of his estate to his brother Louis. Three days later, after the operation had been performed and when testator was apparently on the road to recovery, he informed a lawyer that he desired to give his fiancée a check for $5,000 at once in lieu of the bequest to her in the will, and desired the rest of his estate to go to Louis. Testator mistakenly told the lawyer he had no other relatives. The lawyer then advised him to have the …
Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich
Railroads - Abandonment - Power Of Interstate Commerce Commission To Authorize Abandonment Subject To Conditions For Protection Of Employees, Robert D. Ulrich
Michigan Law Review
The railroad applied to the Interstate Commerce Commission for permission to carry out a general program of rearrangement involving the abandonment of certain lines. The union appeared, and contended that if the commission were to grant the order, it should incorporate conditions for the benefit of employees who would be displaced or otherwise prejudiced by the abandonment. The commission permitted the abandonment, but held that it was without authority to impose any conditions for the protection of employees. The federal district court held that the commission had authority to impose the requested conditions; on appeal, held, it is within …
Book Notes, Michigan Law 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. 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.
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Michigan Law Review
For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Michigan Law Review
In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Michigan Law Review
The question whether or not a pauper or his estate assumes an obligation to reimburse the donor of charitable relief has been subject to many varied and inconsistent answers. Most of the cases in this field are not distinguishable on their facts, and hence the inability to reconcile them must be laid to the differences in the reasoning of the courts in their attempts to handle these cases more from a sociological approach than from a legal point of view. In discussing this problem it is desirable to place these cases in three principal classes: (1) where relief is given …
Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie
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
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 …
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Michigan Law Review
The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …
Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal
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.
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 …
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Michigan Law Review
The Rosenblum Truck Lines and Manhattan Truck Lines applied to the Interstate Commerce Commission for contract carrier permits under the so-called "grandfather clause" of the Motor Carrier Act of 1935. Prior to July 1, 1935, the applicants hauled only for common carriers by motor vehicle and, in each case, principally for a single common carrier. The freight so handled was always solicited by a common carrier and accumulated at its terminal. The applicants carried only the overflow freight, employing their own insurance and paying their own operating and maintenance costs. The Interstate Commerce Commission's finding that the applicants' equipment was …
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Torts - Duty Based On Contract-Measure Of Recovery Where Telephone Subscriber Sues For Special Damages, Neil Mckay
Michigan Law Review
Plaintiff, a telephone subscriber, alleged that the defendant telephone company negligently severed the telephone connection between the plaintiff's house and defendant's central operating station and negligently failed to give plaintiff notice of the disconnection; that as a result, the plaintiff was delayed in notifying the fire department of an outbreak of fire on his property; and that the property was thereby destroyed. Plaintiff sought to recover damages for the resulting injury to his property. Held, defendant's duty to use due care was an implied term of the contract, and special damages growing out of a breach of such a …
Trusts - Accumulation Of Income, James L. Mccrystal
Trusts - Accumulation Of Income, James L. Mccrystal
Michigan Law Review
Testator left his estate in trust until twenty-one years after the death of two nieces, the trust income to be used first to pay several annuities and the remainder "to be re-invested by the trustee for the increase and benefit of this trust fund." At the expiration of twenty-one years after the death of both nieces the trust was to terminate and the estate to be distributed. The lower court held that, while the trust did not violate the rule against perpetuities nor the District of Columbia statute as to the suspension of the power of alienation, the trust income …
Monthly Periodical Index, Michigan Law Review
Monthly 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.
Book Notes, Michigan Law 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.
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Law Review
To the knowledge of this reviewer, the relation between printers' wages and the development of the law has not yet been investigated. This problem is by no means so absurd as it may sound. The very principle of stare decisis presupposes the existence of the printing press, a high development of the art of indexing, a well-organized book trade and a price level under which reports and search books are accessible to the members of the legal profession. Treatises and other learned discussions cannot influence legal developments where printing costs are prohibitive. Yet, the extent to which a legal system …
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Trusts - Inter Vivos Trust As A Substitute For A Will - Effect Of Settlor's Retention Of Control, H. Marshall Peter
Michigan Law Review
A executed an instrument without the formalities of a will, transferring securities to B. It was provided therein that B should hold, manage, sell, and invest according to A's written directions, and should retransfer to A if A so directed. A further reserved the right to alter the "ultimate beneficiary" and also to terminate the trust on notice to B, in which event B should retransfer to him securities and investments as well as net income otherwise payable to A at fixed intervals during A's life. On A's death, the trust was to become absolute …
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review
Michigan Law Review
Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …
Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review
Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review
Michigan Law Review
At a public sale, the trustee in bankruptcy struck off to the plaintiff a bankrupt's assets for $16,850, a reasonable price. A referee vacated the sale when a private bidder offered $150 more and insured reopening of the bankrupt's mines and employment of its former employees. The sale was finally confirmed to the private bidder at a price only $50 in excess of the final offer made by the highest bidder at the public auction. Plaintiff appealed to the court to review the referee's order. Held, although the courts do not generally approve of vacating a fair public sale …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in twenty-five leading law reviews.
Book Notes, Michigan Law 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.