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Government Contracts-Adoption Of Uniform Commercial Code As The Applicable Federal Law In An Action For Breach Of Government Contract-United States V. Wegematic Corp., Michigan Law Review May 1967

Government Contracts-Adoption Of Uniform Commercial Code As The Applicable Federal Law In An Action For Breach Of Government Contract-United States V. Wegematic Corp., Michigan Law Review

Michigan Law Review

Appellant contracted to supply the Federal Reserve Board with a "truly revolutionary" electronic digital computing system. After twice requesting postponement of the delivery date, appellant informed the Board that delivery under the terms of the contract would be impracticable because of unforeseen engineering difficulties that would require at least one year and one million dollars to overcome. Appellant asked for cancellation of the contract, but the Board refused and brought a suit for damages. Both parties conceded that federal law governed the action; appellant, however, argued that section 2-615 of the Uniform Commercial Code (Code) should be adopted as the …


Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review May 1967

Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review

Michigan Law Review

In 1961, the stockholders of the Mountain States Mixed Feed Co. voted to liquidate the corporation in such a way as to comply with the requirements of section 337 of the Internal Revenue Code of 1954 (Code). That section provides that if a corporation adopts a plan of complete liquidation, and then within twelve months distributes all its assets, it will not recognize a gain or loss for income tax purposes from the sale or exchange of certain types of property. The corporation sold all of its assets and qualified for non-recognition treatment under section 337. It then claimed a …


Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer May 1967

Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer

Michigan Law Review

A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.


Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal May 1967

Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal

Michigan Law Review

A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay


Periodical Index, Michigan Law Review May 1967

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review Apr 1967

Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review

Michigan Law Review

One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …


The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens Apr 1967

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …


Security Aspects Of The Abc Transaction, John T. Schmidt Apr 1967

Security Aspects Of The Abc Transaction, John T. Schmidt

Michigan Law Review

In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …


Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review Apr 1967

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …


Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins Apr 1967

Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins

Michigan Law Review

A Review of The Strategy of World Order. 4 vols Edited by Richard A. Falk and Saul H. Mendlovitz


Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin Apr 1967

Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin

Michigan Law Review

A Review of The New Deal and the Monopoly Problem By E. W. Hawley


Gilmore: Security Interests In Personal Property, Jerry P. Belknap Apr 1967

Gilmore: Security Interests In Personal Property, Jerry P. Belknap

Michigan Law Review

A Review of Security Interests in Personal Property 2 vols. By Grant Gilmore


Recent Books, Michigan Law Review Apr 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Apr 1967

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein Mar 1967

A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein

Michigan Law Review

The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.


Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost Mar 1967

Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost

Michigan Law Review

On April 16, 1964, the Texas Gulf Sulphur Company announced one of the most significant mineral discoveries of the twentieth century-a major copper and zinc deposit near Timmins, Ontario, found by means of geophysical exploration and exploratory drilling. Unusual market activity prior to this announcement prompted a Securities Exchange Commission (SEC) investigation of insider stock transactions. In April 1965, the SEC brought suit against a group of Texas Gulf insiders, alleging that their purchase of stock on national exchanges before the disclosure of the information concerning the Timmins strike constituted a violation of section 10(b) of the Securities Exchange Act …


Reformation And The Parol Evidence Rule, George E. Palmer Mar 1967

Reformation And The Parol Evidence Rule, George E. Palmer

Michigan Law Review

The parol evidence rule of itself is never an obstacle to reformation, provided there is satisfactory evidence of a mistake in integration. If the parties intend to express the terms of a transaction in a writing, which is then to be looked to as the sole repository of those terms, the longstanding tradition of the law courts, described as the parol evidence rule, has been that the writing is controlling. If through mistake the writing failed to express correctly what the parties meant to express, the law courts still regarded the written word as decisive, but it has been recognized …


Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick Mar 1967

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

Michigan Law Review

Those who have become accustomed to keep one ear cocked for the five-part harmony relentlessly ground out by the mimeograph machines at NLRB headquarters on Pennsylvania Avenue-those whom one may call professional Board-watchers-have doubtless noticed how fashions come and go in the subjects of NLRB litigation. It is as if the interest of litigants as easily wanes as does that of the reader of opinions, for there is a fairly regular succession of themes, each to be developed for a time until, as though by common consent, attention swings toward a different problem entirely. The wave of the present, I …


Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand Mar 1967

Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand

Michigan Law Review

The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …


Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review Mar 1967

Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review

Michigan Law Review

The reformulation of compulsory joinder rules, urged by commentators for a decade, has been realized with the 1966 amendment to rule 19 of the Federal Rules of Civil Procedure. Prior to the amendment, courts consistently held that the absence from the lawsuit of persons who were "indispensable" deprived the court of power to adjudicate the action. The amendment to rule 19 is an effort to establish a methodology which requires a practical consideration of the factual situation at hand when determining the propriety of permitting a case to continue even though certain parties are not joined. A brief look at …


Antitrust-Venue-Time Of Venue Under Section 12 Of The Clayton Act Refers To Time When Action Accrued-Eastland Construction Co. V. Keasbey & Mattison Co., Michigan Law Review Mar 1967

Antitrust-Venue-Time Of Venue Under Section 12 Of The Clayton Act Refers To Time When Action Accrued-Eastland Construction Co. V. Keasbey & Mattison Co., Michigan Law Review

Michigan Law Review

In 1964, plaintiff brought a treble damage suit under the Clayton Act in the Federal District Court for the Northern District of California, alleging that defendant had violated the antitrust laws while doing business in that district. Defendant, a Pennsylvania corporation which formerly had conducted a portion of its business in California but which had ceased all activities there in 1962, moved for dismissal, arguing that venue was improper because it was not transacting business in the Northern District of California at the time suit was instituted. On appeal from a ruling by the district court granting the motion for …


Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review Mar 1967

Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review

Michigan Law Review

In an effort to provide employment for several hundred workers who had lost their jobs in an unsuccessful strike against Portland's two largest newspapers, the local printers' unions and several civic leaders organized the Portland Reporter Publishing Co. (Reporter) to publish a rival newspaper. The unions also formed the Rose City Development Co. (Rose City), which leased facilities and equipment to Reporter and subsequently made several emergency operating loans to it. These loans were secured by an agreement designating as collateral all of Reporter's previously unsecured accounts receivable, both present and after-accruing. This type of agreement -securing after-acquired property of …


Gift Taxes-Interest-Free Demand Loans Are Not Taxable Gifts-Johnson V. United States, Michigan Law Review Mar 1967

Gift Taxes-Interest-Free Demand Loans Are Not Taxable Gifts-Johnson V. United States, Michigan Law Review

Michigan Law Review

Over a period of several years, taxpayer transferred substantial amounts of money to his adult son as loans that were repayable on demand and did not bear interest. The Commissioner of Internal Revenue assessed and collected gift taxes on the theory that taxpayer had made gifts to his son of the use of the money loaned. The value of the gift was asserted to be 3½ per cent of the average unpaid balance as of the end of each of the taxable years involved. In a suit to recover the gift taxes paid, the Federal District Court for the Northern …


Recent Books, Michigan Law Review Mar 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Mar 1967

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller Feb 1967

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …


Periodical Index, Michigan Law Review Feb 1967

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews


Recent Books, Michigan Law Review Feb 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review Jan 1967

Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review

Michigan Law Review

When the owners of a Jackson, Mississippi television station applied to the Federal Communications Commission (FCC) for a renewal of their broadcast license, representatives of the local Negro community filed a petition with the Commission, requesting it to deny the renewal. Petitioners contended that a renewal of the applicant's license would not be in the public interest since the station had consistently violated the Commission's "fairness doctrine" which requires broadcasters to encourage and implement a fair presentation of all sides of any controversial public issue discussed over their facilities. Specifically, petitioners alleged that, in its local programs dealing with racial …


Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review Jan 1967

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …