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Articles 3391 - 3420 of 8432
Full-Text Articles in Entire DC Network
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
The Max-Planck-Institute: Liability Of The State For Illegal Conduct Of Its Organs, Pierre Mathijsen
The Max-Planck-Institute: Liability Of The State For Illegal Conduct Of Its Organs, Pierre Mathijsen
Michigan Law Review
A Review of Liability of the State for Illegal Conduct of its Organs by The Max-Planck-Institut für Ausländishces Öffentliches Recht und Völkerrecht
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
The United States Post Office, Incorporated: A Blueprint For Reform, Stanley Siegel
The United States Post Office, Incorporated: A Blueprint For Reform, Stanley Siegel
Michigan Law Review
For several generations, the United States Post Office has been the textbook demonstration of the inefficiency of the government in business. To some, the solution to its problems lies only in turning over its functions to free enterprise. A more constructive and politic approach is to inquire whether a structural arrangement falling somewhere between that of a governmental department and that of a privately owned business would permit the Post Office to achieve some of the efficiencies of private enterprise without compromising the most essential elements of public responsibility. This approach has been given new timeliness by the proposal of …
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Federal Courts--Discovery--Stay Of Discovery In Civil Court To Protect Proceedings In Concurrent Criminal Action--The Pattern Of Remedies, Michigan Law Review
Michigan Law Review
The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review
Michigan Law Review
In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …
Control Of Foreign Investment In France, Charles Torem, William Laurence Craig
Control Of Foreign Investment In France, Charles Torem, William Laurence Craig
Michigan Law Review
The principle of freedom of investment by foreigners in France has, with few statutory exceptions, long been recognized in French law. In practice, however, exchange controls, requiring French government authorization for all foreign exchange transactions within France, have supplied the legal foundation for governmental control of foreign investment. Initiated in 1939 as a wartime measure to stem the outflow of the nation's currency to safer havens,1 exchange controls were continued in the postwar era to protect a weak currency and were elaborated, in piecemeal fashion, to suit diverse and changing governmental policies. The complex and pervasive regulations provided an instrument …
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Michigan Law Review
A Review of Politics and the Regulatory Agencies by William L. Cary
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Criminal Procedure--Evidence--Composite Drawing Not Producible Under Jencks Act--United States V. Zurita, Michigan Law Review
Michigan Law Review
Following a bank robbery, the bank manager and his wife provided descriptions enabling an agent of the Federal Bureau of Investigation to compose drawings of the robbers which were then "approved" by each of these witnesses as being substantially accurate. At the defendant's trial four years later, he was identified by the manager and his wife as one of the robbers. The defendant, in an attempt to impeach their testimony, requested that the government be compelled under the Jencks Act to produce the original composite drawings. The trial court denied this request, stating that the production of these drawings was …
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin
Michigan Law Review
Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …
Income Tax: Corporations--Incorporated Professional Service Organization Taxable As A Corporation; Kintner Regulations Held Invalid--Empey V. United States, Michigan Law Review
Income Tax: Corporations--Incorporated Professional Service Organization Taxable As A Corporation; Kintner Regulations Held Invalid--Empey V. United States, Michigan Law Review
Michigan Law Review
Lawrence G. Empey, a lawyer, was employed by the Drexler and Wald Professional Company, an association of attorneys that had incorporated in 1961 pursuant to the Colorado Corporation Code and rule 265 of the Colorado Rules of Civil Procedure. Empey began his employment with Drexler and Wald in March 1965, and in November of the same year he acquired ten shares (ten per cent) of the outstanding capital stock of the corporation. On his 1965 federal income tax return, he reported income consisting of his salary as an employee of the company for ten months and ten per cent of …
Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham
Lefcoe: Land Development Law: Cases And Materials, Roger A. Cunningham
Michigan Law Review
A Review of Land Development Law: Cases and Materials by George Lefcoe
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Michigan Law Review
A Review of Movies, Censorship and the Law by Ira H. Carmen
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth
Honnold: Unification Of The Law Governing International Sales Of Goods, E. Allan Farnsworth
Michigan Law Review
A Review of Unification of the Law Governing International Sales of Goods edited by John Honnold
(F) Reorganizations And Proposed Alternate Routes For Post-Reorganization Net Operating Loss Carrybacks, Michigan Law Review
(F) Reorganizations And Proposed Alternate Routes For Post-Reorganization Net Operating Loss Carrybacks, Michigan Law Review
Michigan Law Review
Section 368(a)(l)(F) of the Internal Revenue Code (Code) defines the least complex of all corporate reorganizations-commonly known as the (F) reorganization-as "a mere change in identity, form, or place of organization, however effected." Since 1921, when the (F) reorganization first appeared in a Revenue Act, a significant amount of judicial gloss has been appended to this simple definition. To qualify as an (F) reorganization, a reorganization must result in neither a change of shareholders nor a shift in proprietary interest, and there must be a continuation of the business in the pre-organization fields of activity, using essentially the same operating …
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Michigan Law Review
The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …
Income Tax--Capital Gains Tax--Meaning Of "More Than 80 Percent In Value Of The Outstanding Stock" Under Section 1239, Michigan Law Review
Income Tax--Capital Gains Tax--Meaning Of "More Than 80 Percent In Value Of The Outstanding Stock" Under Section 1239, Michigan Law Review
Michigan Law Review
The sale of property by a taxpayer to a corporation which he controls has been a frequently attempted method of tax reduction for more than thirty years. Such a transaction has the advantage of maintaining ownership of the property in virtually the same hands, while at the same time resulting in a substantial mitigation of tax liability. For instance, in the post-World War II period, when property values were generally increasing, a taxpayer could sell to his controlled corporation at a gain depreciable property with a basis lowered by adjustments for prior depreciation allowances. The gain was immediately taxable at …
Conflicting Perfected Security Interests In Proceeds Under Article 9 Of The Uniform Commercial Code, Michigan Law Review
Conflicting Perfected Security Interests In Proceeds Under Article 9 Of The Uniform Commercial Code, Michigan Law Review
Michigan Law Review
Section 9-306 gives the inventory financer a "continuously perfected" security interest in the proceeds of the inventory if the security interest in the original collateral was perfected. "Proceeds" is defined as including "whatever is received when collateral or proceeds is sold, exchanged, collected or otherwise disposed of." Thus, the inventory financer may have a security interest in the proceeds of the original collateral or the proceeds of the proceeds. The security interest in the proceeds may be perfected in either of two ways: (1) under section 9-306(3)(a) the security interest is perfected by filing a financing statement that expressly covers …
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review
Michigan Law Review
The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …
Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes
Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Press
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Limpens: Rapports Belges Au Viiꙴ Congreès International De Droit Comparé, Robert Kruithof
Limpens: Rapports Belges Au Viiꙴ Congreès International De Droit Comparé, Robert Kruithof
Michigan Law Review
A Review of Rapports Belges au VIIꙴ Congreès International de Droit Comparé preface by Jean Limpens
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin
Michigan Law Review
Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …
Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo
Antitrust's Newest Quagmire: The Noerr-Pennington Defense, L. Barry Costilo
Michigan Law Review
In recent years two relatively unheralded but sweeping antitrust decisions by the Supreme Court have given rise to ramifications far beyond their facts. Unless limited, they may be interpreted by business planners as providing safe havens in many areas of conduct where corporations and trade associations have previously feared to tread. The cases are Eastern Railroad Presidents Corp. v. Noerr Motor Freight, Inc. and United Mine Workers of America v. Pennington. The broad issue they raise is the extent to which business can concertedly seek to use the mechanism of government for the purpose of restraining trade without violating …
Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review
Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review
Michigan Law Review
The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.
The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson
The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson
Michigan Law Review
This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …
Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review
Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review
Michigan Law Review
In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the …