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Michigan Law Review

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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 …

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Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey Jun 1942

Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey

Michigan Law Review

When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …

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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 …

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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 …

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Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review Jun 1942

Labor Law- Fair Labor Standards Act Of 1938- Definition Of "Commerce" --Applicability To Activity Essentially Local In Nature, Michigan Law Review

Michigan Law Review

Defendant owned and operated three warehouses in the city of Chicago where merchandise received from several states was processed and/ or stored until it was ready for distribution to defendant's retail stores. Such stores were located in the Chicago area, some being in Illinois and some a short distance within Indiana. Plaintiff, Administrator of the Wage and Hour Division of the Department of Labor, sought to enjoin defendant from violating the Fair Labor Standards Act of 1938, claiming that a substantial number of the employees working in defendant's warehouses were "engaged in commerce or in the production of goods for …

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Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree Jun 1942

Patent Law - Conditions In Leases Made By Patentee To His Licensees - Suits For Direct Infringement, Brooks F. Crabtree

Michigan Law Review

Respondent manufactured and leased patented devices used in the canning industry for depositing salt tablets. One condition in the leases for these machines required licensees to use with the patented machines only tablets sold by respondent's subsidiary. Respondent sued in the district court for an injunction and an accounting for infringement of its patent by petitioner, who manufactured and leased infringing salt-depositing machines. Upon petitioner's motion to dismiss on the ground that respondent was making use of its patent to restrain the sale of salt tablets in competition with its own sale of unpatented tablets, the trial court granted a …

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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 …

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Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review Jun 1942

Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review

Michigan Law Review

Plaintiff's wife, a Caucasian, having business with a tenant on the fifteenth floor, entered defendant's elevator containing other whites. She and a Negro woman were directed by the operator to take an elevator in the rear of the store used for freight and Negro passengers; and being ignorant of this latter fact, she used this elevator. Asserting that she was wrongfully excluded from the elevator for white people and thereby was considered to be a negro by both whites and colored people, she claimed to have suffered mental anguish, humiliation, and physical suffering. Held, the defendant, while not a …

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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 …

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Monthly Periodical Index, Michigan Law Review May 1942

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

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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.

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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 …

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Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell May 1942

Labor Law - War Labor Problems And Policies, Paul M. Oberndorf, Donald H. Treadwell

Michigan Law Review

God is on the side with the most artillery. Wars in the past have been fought by armies of men. The war today is being fought by armies of machines, and ultimate victory will belong to the side which can most quickly place an overwhelming force of fighting equipment on the world battlefield. For many months the United States stood as a spectator while other nations prepared their economies to amass such a force. We are now faced with the imperative need of overtaking and passing the capacity for production of war equipment that has been built or seized by …

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Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review May 1942

Public Utilities - Federal Power Commission- Just And Reasonable Rate - Rate Base - Going Value - Original Investment As Amortization Base, Michigan Law Review

Michigan Law Review

Smyth v. Ames, source of the elusive principle that has pestered courts and public utility commissions since 1898, is still not a dead letter. Doubtless the only reason its doctrine stands at this late date is that no recent case has forced the Court to reconsider the "fair value" rule. However, in Federal Power Commission v. Natural Gas Pipeline Company of America, decided by the Court on March 16, 1942, three justices took occasion to "lay the ghost" of the 1898 decision once and for all and to declare that the case "erases much which has been written …

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Administrative Law - Judicial Review - Status Of Captive Mines Under The National Bituminous Coal Act -, Eric Stein May 1942

Administrative Law - Judicial Review - Status Of Captive Mines Under The National Bituminous Coal Act -, Eric Stein

Michigan Law Review

Petitioner railroad company held a renewable short-term lease of a coal mine, and engaged an independent contractor to extract the coal for its exclusive use. The lease and the agreement with the contractor were coextensive in time, the railroad having an option to terminate the agreement whenever the contractor failed to meet the prevailing market price. Petitioner applied for an exemption of the coal thus obtained from the provisions of the National Bituminous Coal Act, relying upon the section which excludes coal consumed by the "producer" ("captive coal") from the Coal Code regulations. Held, the order of the commission …

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Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …

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Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs May 1942

Constitutional Law - Due Process - Notice And Hearing - Validity Of Statute Authorizing Seizure Of Property Illegally In Possession Of Pawnbroker, Wilbur Jacobs

Michigan Law Review

Complainant, believing his property to be illegally in the possession of defendant pawnbroker, obtained a search warrant, authorized by statute to be issued, on complaint under oath, by any magistrate who is satisfied that there is reasonable cause for complainant's belief. Although the statute required the property to be seized and delivered to complainant on his posting a bond for double the value of the property, the property was not in fact seized. However, actual notice to appear and be heard on a certain date was given to the defendant, even though such notice was not expressly required by the …

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Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree May 1942

Workmen's Compensation - Injuries "Arising Out Of And In The Course Of Employment'', Brooks F. Crabtree

Michigan Law Review

Plaintiff, an employee in defendant's mill, helped to organize a baseball team among defendant's employees. The defendant furnished the initial equipment for the team at a cost of approximately $450, but thereafter had little to do with controlling its policy or management. Defendant's employees were given no additional compensation or privileges for playing on the team; practice sessions were held after working hours; and all ball games were scheduled on Sundays. Plaintiff was injured in an automobile accident while returning from one of the Sunday games and sued for compensation under the state workmen's compensation act for injuries "arising out …

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Front Matter, Michigan Law Review May 1942

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 40, Issue 7 of Michigan Law Review

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Book Notes, Michigan Law Review May 1942

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.

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Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen Apr 1942

Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen

Michigan Law Review

The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.

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Front Matter, Michigan Law Review Apr 1942

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 40, Issue 6 of Michigan Law Review

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Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review Apr 1942

Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review

Michigan Law Review

Plaintiff, a guest of the defendant hotel, left his trunk at the hotel check room and received a receipt which stated on the back that the defendant would not be liable in excess of $25 for any loss resulting from its negligence. When the plaintiff called for the trunk, it could not be found. Held, the defendant is liable for the full value of the trunk, since a bailee for hire cannot limit his liability for his own negligence. Oklahoma City Hotel Co. v. Levine, (Okla. 1941) 116 P. (2d) 997.

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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 …

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Company Unions Under The National Labor Relations Act, Burton Crager Apr 1942

Company Unions Under The National Labor Relations Act, Burton Crager

Michigan Law Review

Any discussion of the legal aspects of company unionism under the National Labor Relations Act necessitates some consideration of the economic and political background of this type of unionism. Periods of labor unrest have been particularly prolific in mushrooming the growth of company unions. During World War I, the National War Labor Board found itself faced time after time with strife between employers and "outside" unions over the existence of company unions, which frequently were engendered by the employers' antagonism toward bona fide unions. Upon the demise of that board at the close of the war, and the concurrent end …

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Trade Restraints - Unlawful Trade Statutes - Sales By Employers To Employees Of Goods Not Handled In Regular Course Of Business, Jay W. Sorge Apr 1942

Trade Restraints - Unlawful Trade Statutes - Sales By Employers To Employees Of Goods Not Handled In Regular Course Of Business, Jay W. Sorge

Michigan Law Review

The title of that once popular tune may soon be changed to "I Can't Get It For You Wholesale." During the last two years the legislatures of four states have passed laws making it unlawful for employers, either individuals, corporations, or other associations, to sell merchandise or other products to their employees unless these articles were actually manufactured by the employer or sold by him in the regular course of his business. It is the purpose of this comment to discuss the need and advisability of such legislation, the statutes which have been enacted, and their enforcement and constitutionality.

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Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review Apr 1942

Criminal Law And Procedure - Conspiracy To Commit A Misdemeanor As A Felony, Michigan Law Review

Michigan Law Review

The defendant was indicted for conspiring to destroy the poles and wires of an electric public utility, the destruction of such property being a statutory misdemeanor. The indictment was prosecuted under the provision of the Michigan statutes which states that all crimes indictable at common law are punishable as felonies unless specifically declared otherwise by the statute. The crime of conspiracy comes under this "common-law offense" provision. Upon denial of his motion to dismiss, defendant sought mandamus to review the ruling. Held, an agreement to do an act made a misdemeanor by statute is a common-law conspiracy, and such …

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International Law - Sovereign Immunity - Immunity From Suit Of Funds Belonging To A Political Subdivision Of A State, Wilbur Jacobs Apr 1942

International Law - Sovereign Immunity - Immunity From Suit Of Funds Belonging To A Political Subdivision Of A State, Wilbur Jacobs

Michigan Law Review

Plaintiff, the holder of bonds of defendant, the state of Sao Paulo, one of the federated states of the United States of Brazil, attached funds belonging to the defendant and deposited them in a New York bank to meet payments on the bonds. During the depression there had been a general default by Brazil and its states on their external debts because of the unfavorable trade conditions and consequent lack of dollar exchange. The Aranha plan was devised in 1934 to combat these conditions through control of foreign exchange. Each state was required to deposit with the Bank of Brazil …

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Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff Apr 1942

Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff

Michigan Law Review

Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …

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Monthly Periodical Index, Michigan Law Review Apr 1942

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in twenty-five leading law reviews.

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