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Articles 3481 - 3510 of 8432
Full-Text Articles in Entire DC Network
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review
Michigan Law Review
Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …
Securities-Purchaser Of Outstanding Shares Of Same Class As Registered Issue Cannot Bring Suit Under Section 11 (A) Of Securities Act--Colonial Realty Corp. V. Brunswick Corp., Michigan Law Review
Securities-Purchaser Of Outstanding Shares Of Same Class As Registered Issue Cannot Bring Suit Under Section 11 (A) Of Securities Act--Colonial Realty Corp. V. Brunswick Corp., Michigan Law Review
Michigan Law Review
The court in the principal case conceded that, as a matter of economic reality, the prospectus (which contained the alleged misstatement) affects, because of its wide circulation, the value of the shares outstanding at the time it is distributed, as well as that of the new issue which is the subject of the registration statement. Indeed, financial institutions, market experts, brokers, and dealers digest and analyze the prospectus, and their opinions inevitably affect market values of all outstanding stock. However, in light of the act's legislative history, its general scheme of regulation, and the language contained in its other provisions, …
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review
Michigan Law Review
District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …
Montgomery & Smithies: Public Policy, Jameson W. Doig
Montgomery & Smithies: Public Policy, Jameson W. Doig
Michigan Law Review
A Review of Public Policy Volume XIV. Edited by John D. Montgomery and Arthur Smithies
Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney
Bank Statements, Cancelled Checks, And Article Four In The Electronic Age, Norman Penney
Michigan Law Review
My task was to prepare a short article dealing in some depth with specific problems which have arisen under Article Four of the Uniform Commercial Code (Code). Unfortunately for purposes of criticism, but happily for those affected by Article Four, a canvass of recent reported cases as well as bank operations people and bank counsel has revealed very few problems of any significance to either the general practitioner or even the so-called commercial law specialist. This prompts two comments: (1) Article Four seems to be working so smoothly that to develop a "problem" would be to make a mountain out …
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
Michigan Law Review
It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …
Equal Protection For The Illegitimate, Harry D. Krause
Equal Protection For The Illegitimate, Harry D. Krause
Michigan Law Review
In our time the general constitutional phrase promising equal protection has become specific law. It has been used to invalidate many state statutes which discriminated on the basis of race or other arbitrary criteria. Definite rules have been developed for this process of invalidation. These rules will be applied below to state and federal legislation that favors the legitimate child and discriminates against the illegitimate in matters of inheritance rights, rights of support, rights of name and custody, and social welfare. The question that will be asked is whether state and federal legislation may constitutionally discriminate between children on the …
Reformation And The Statute Of Frauds, George E. Palmer
Reformation And The Statute Of Frauds, George E. Palmer
Michigan Law Review
There is unnecessary confusion and difference of opinion over the effect of the statute of frauds as a bar to reformation that would otherwise be available in connection with bargain transactions. Both the confusion and the conflict could be eliminated if it were clearly perceived that a decree of reformation is not the enforcement of an oral contract. Instead, it is a correction of the writing in question, or more basically a recognition that the legally significant agreement is the one the parties intended to express or describe in the writing. It is a separate question whether the writing as …
Banks And Banking-Bank's Liability For Breach Of Its Duty To Corporate Depositor-Maley V. East Side Bank Of Chicago, Michigan Law Review
Banks And Banking-Bank's Liability For Breach Of Its Duty To Corporate Depositor-Maley V. East Side Bank Of Chicago, Michigan Law Review
Michigan Law Review
The three stockholders of a close corporation contracted to sell all of the corporate stock to Shulman for $5,000 down and a balance of $17,000 in two notes payable in thirty days. A resolution filed with the defendant depositary bank provided that Paul, the former president, was to act as the interim treasurer for the corporation and was to cosign, with Shulman, all checks drawn on the corporate account until the balance of the purchase price was tendered. Approximately one week after the agreement was made, the bank received an inordinate number of inquiries regarding the credit of the corporation, …
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review
Michigan Law Review
The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …
Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review
Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review
Michigan Law Review
Plaintiff, a licensed Negro dentist, was refused admission to the North Carolina Dental Society, a voluntary professional organization that plays a significant role both in the selecting of state dental officials and in the promotion of state dental programs. At the time the plaintiff sought admission to the Society, state statutes empowered the Society to elect the six members of the North Carolina Board of Dental Examiners and to designate the dental representatives to the Medical Care Commission and the Mental Health Council. After the plaintiff brought suit to compel his admission to the Society, the Society persuaded the state …
Estate Tax-The Failure Of I.R.C. Section 2039 To Reach Death Benefits Arising Out Of The Employment Relationship-Estate Of Fusz, Michigan Law Review
Estate Tax-The Failure Of I.R.C. Section 2039 To Reach Death Benefits Arising Out Of The Employment Relationship-Estate Of Fusz, Michigan Law Review
Michigan Law Review
Decedent's employment contract provided for a salary payable to him and monthly payments to his widow for life if he died during the term of the contract. No post-retirement benefits were payable to decedent under the contract or pursuant to any other agreement with the employer. After decedent's death during the term of the contract the payments to his widow commenced; their commuted value, however, was not included in the gross estate of decedent. The Commissioner of Internal Revenue, ruling that the payments to the widow constituted an annuity, the commuted value of which was includable in decendent's gross estate …
Securities-Stocklist Authorizations-Solicitation Of Stocklist Authorizations Is Within The Proxy Regulations Of The Securities Exchange Act-Studebaker--Corp. V. Gittlin, Michigan Law Review
Securities-Stocklist Authorizations-Solicitation Of Stocklist Authorizations Is Within The Proxy Regulations Of The Securities Exchange Act-Studebaker--Corp. V. Gittlin, Michigan Law Review
Michigan Law Review
Gittlin, a shareholder of the Studebaker Corporation, planned to solicit proxies for the election of directors in opposition to the existing management. As an initial step in the implementation of this plan, he sought to obtain a stockholder's list and accordingly initiated proceedings in a New York court under section 1315(a) of the New York Business Corporation Law which grants a right of access to a shareholder who has obtained authorizations in writing from the holders of at least five per cent of the outstanding shares of the corporation. In order to meet the five per cent requirement, Gittlin had …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Michigan Law Review
In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles and Comments Appearing in Leading Law Reviews
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Attorney-Client-Client's Right To Engage Out-Of-State Attorney For Advice Concerning Federal Claim Is A Privilege And Immunity Of National Citizenship--Spanos V. Skouras Theatre Corp., Michigan Law Review
Michigan Law Review
The state and federal courts, existing side by side within the boundaries of each state, separately control admission to practice law before their respective bars. Although membership in a state bar is generally a prerequisite for admission to the bar of a federal court, the two systems do function under separate and distinct ground rules, and they appear to have done so with a minimum of friction. However, the principal case is indicative of the problems that may arise when state policy on the right to practice law within the state conflicts with federal policy.
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review
Michigan Law Review
From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …
Valentine: The Court Of Justice Of The European Communities, Werner Feld
Valentine: The Court Of Justice Of The European Communities, Werner Feld
Michigan Law Review
A Review of The Court of Justice of the European Communities 2 vols. By D. G. Valentine
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Newman: Conviction: The Determination Of Guilt Or Innocence Without Trial, B. J. George Jr.
Michigan Law Review
A Review of Conviction: The Determination of Guilt or Innocence Without Trial by Donald J. Newman
Mutual Funds-Trusts And Trustees-Capital Gains Distributions From Mutual Funds: Income Or Principal?, Michigan Law Review
Mutual Funds-Trusts And Trustees-Capital Gains Distributions From Mutual Funds: Income Or Principal?, Michigan Law Review
Michigan Law Review
The growing prevalence of mutual fund shares in the assets of small and medium-sized estates has made the problem of allocating capital gains distributions between income and principal a matter of great concern to the trustees of such estates. A "capital gains" distribution represents a gain resulting from the profitable sale of securities held by the mutual fund. The uncertain state of the law regarding capital gains distributions from mutual funds presents a serious dilemma to the trustee: if he distributes the capital gains to the life beneficiary, the remainderman may claim that such distributions represent a partial liquidation of …
Bakal: The Right To Bear Arms, Virgil W. Peterson
Bakal: The Right To Bear Arms, Virgil W. Peterson
Michigan Law Review
A Review of The Right To Bear Arms by Carl Bakal
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Police Policy Formulation: A Proposal For Improving Police Performance, Herman Goldstein
Michigan Law Review
The police function in this country is much more varied and much more complex than is generally recognized. This is particularly true today in the congested areas of large urban centers· where the demand for police services is especially great and where the police are confronted with an increasing variety of difficult situations, many of which stem from dissatisfaction with the economic and social conditions existing in such areas. As law enforcement has become more difficult, it has, for the same reasons, taken on new importance as a function of local government.
Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes
Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes
Michigan Law Review
The long silence of the inter-American system is remarkable when contrasted with the continuing efforts of the United Nations to elaborate an International Bill of Rights and the significant accomplishments of the Council of Europe in implementing on a regional basis the principal values enunciated in the Universal Declaration of Human Rights. The OAS' lack of interest, until quite recently, in undertaking a similar international program to protect human rights in the American republics is a function of several very special factors, the most important of which is the traditional Latin American repudiation of intervention, in whatever form and for …
The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass G. Boshkoff
The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass G. Boshkoff
Michigan Law Review
The draftsmen of Article Seven were well aware of the problems caused by irregular issuance of warehouse receipts and there will be fewer problems of irregularity under the Code for two reasons. First, the Code's formal requirements for issuance of warehouse receipts are less stringent than are those imposed by the UWRA, thereby lessening the chances of any irregularity occurring. Second, the Code contains two sections which aim to minimize the consequences of any irregularities which may occur. In this article I will discuss the types of defects that have been troublesome over the years, focussing on the ways in …
Protection Of The Installment Buyer Of Goods Under The Uniform Commercial Code, Robert H. Skilton, Orrin L. Helstad
Protection Of The Installment Buyer Of Goods Under The Uniform Commercial Code, Robert H. Skilton, Orrin L. Helstad
Michigan Law Review
The present topic for discussion, protection of the installment buyer under the Code, is part of a larger topic-protection of the consumer under the Code. The remarks that follow sometimes apply generally to the status of the consumer under the Code. There are times when no distinction should be made between our model installment buyer and other consumer buyers.
Article Eight: A Premise And Three Problems, Ernest L. Folk Iii
Article Eight: A Premise And Three Problems, Ernest L. Folk Iii
Michigan Law Review
This essay concerns itself with a basic premise and three problems concerning investment securities under Article Eight of the Uniform Commercial Code (Code). Although some amount of relevant exposition is necessary to make the arguments intelligible, general familiarity with the essentials of the Code's treatment of investment securities is assumed.
Reclamation Of Goods From A Fradulent Buyer, Robert Braucher
Reclamation Of Goods From A Fradulent Buyer, Robert Braucher
Michigan Law Review
Sections 2-702(2) and (3) of the Uniform Commercial Code (Code), defining the right of a seller to reclaim goods from an insolvent buyer, have for years been the subject of controversy. The sponsors of the Code have stood firm on the basic policy of these sections for more than twenty-five years, but, in its 1966 Official Recommendations for Amendment of the Uniform Commercial Code, the Permanent Editorial Board includes an amendment striking the words "or lien creditor" from section 2-702(3). That change has already been made in six states: California, Illinois, Maine, New Jersey, New Mexico, and New York. In …
Actions On Commercial Paper: Holder's Procedural Advantages Under Article Three, Stanley V. Kinyon
Actions On Commercial Paper: Holder's Procedural Advantages Under Article Three, Stanley V. Kinyon
Michigan Law Review
The discussion will also be concerned primarily with the usual action "on the instrument": an action by the holder to enforce payment by a person who has signed it as maker, acceptor, certifier, drawer, indorser, or guarantor and has thus become "liable on" it. These instruments, of course, may be involved in other types of actions, such as: an action for conversion of the instrument (section 3-419); an action to recover damages for breach of the warranties of a collector or transferor (sections 3-417 and 4-207); an action to compel indorsement (section 3-201); an action to enjoin payment (section 5-114(2)(b)); …
One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen
One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen
Michigan Law Review
It is common knowledge that in recent times the constitutional issues of greatest magnitude and of greatest public interest lie in the area of civil liberties. These cases almost always call for the delicate balancing of the rights of the individual, allegedly protected by a specific clause in the Constitution, and the duties that state or federal authority can exact from citizens in order that society may maintain a minimum standard of peace and security. It follows, therefore, that it is these often dramatic decisions which will largely color the images we have of participating Justices. Assume a free speech …