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Articles 3661 - 3690 of 8432
Full-Text Articles in Entire DC Network
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins
Michigan Law Review
A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …
Proof Of Scienter Necessary In A Private Suit Under Sec Anti-Fraud Rule 10b-5, Michigan Law Review
Proof Of Scienter Necessary In A Private Suit Under Sec Anti-Fraud Rule 10b-5, Michigan Law Review
Michigan Law Review
Of the vast amounts of statutory and quasi-statutory material governing the securities business, the Securities and Exchange Commission's rule 10b-51 has potentially the greatest direct importance to the largest number of people. While several provisions in the government's regulatory scheme set more or less specific standards of conduct for securities issuers, broker-dealers, or corporate insiders, the anti-fraud provisions of rule 10b-5 apply to all persons directly or indirectly connected with any sale or purchase of securities transacted through a facility of interstate commerce, the mails, or on a national exchange. In its three clauses, rule 10b-5 forbids any person (1) …
Unfair Representation As An Unfair Labor Practice, Michigan Law Review
Unfair Representation As An Unfair Labor Practice, Michigan Law Review
Michigan Law Review
In its 1962 Miranda Fuel Co. decision, the National Labor Relations Board formulated a novel doctrine whereby it acquired jurisdiction over unfair representation complaints filed by union members in good standing on the theory that a union which fails to represent all of its members fairly commits unfair labor practices in violation of sections 8(b)(1)(A) and 8(b)(2) of the National Labor Relations Act. Formerly, unfair representation complaints filed by union members had been cognizable only by the courts, since unfair representation was not considered an unfair labor practice and, consequently, was outside the jurisdiction of the NLRB.
Group Legal Services And The Right Of Association, Michigan Law Review
Group Legal Services And The Right Of Association, Michigan Law Review
Michigan Law Review
The United States Supreme Court has recently curtailed the reach of state statutes that prohibit solicitation of legal business. In two unprecedented opinions the Court has held that the soliciting activities of lay organizations fall within the protection of the right of association.
Withholding Taxes On Wage Dividends For Pre-Bankruptcy Wages Assigned To Fourth Priority In Distribution Of Bankrupt's Estate-In Re Connecticut Motor Lines, Inc., Michigan Law Review
Withholding Taxes On Wage Dividends For Pre-Bankruptcy Wages Assigned To Fourth Priority In Distribution Of Bankrupt's Estate-In Re Connecticut Motor Lines, Inc., Michigan Law Review
Michigan Law Review
Among claims against a bankrupt estate were those for unpaid wages and vacation pay earned within three months of the bankruptcy of the employer. The referee ordered distribution of the amount of the claims, assigning them second priority, but he refused to authorize deduction of income withholding tax and social security taxes from these payments as requested by the Government. The district court reversed, holding the trustee in bankruptcy liable for the taxes as a first priority administrative expense. On appeal, held, reversed. Taxes based on wage claims accruing prior to bankruptcy but paid during bankruptcy are section 64a(4) …
The Commerce Clause Held No Limitation To The Jurisdiction Of Federal Courts-Wahl V. Pan American World Airways, Inc., Michigan Law Review
The Commerce Clause Held No Limitation To The Jurisdiction Of Federal Courts-Wahl V. Pan American World Airways, Inc., Michigan Law Review
Michigan Law Review
Three wrongful death actions were brought in a federal district court in New York by United States citizens as survivors of passengers killed in the crash in Turkey of an airplane owned and operated by defendant Middle East Airlines (MEA). MEA is a Lebanese corporation operating in the Middle East, Europe, and Africa, whose United States sales are made by its general sales agent, Pan American World Ainvays, Inc. The court held that maintaining a New York office and entering into a general sales agency agreement with Pan American to promote travel on MEA of passengers originating in the United …
German Association Of Comparative Law: Bibliography Of German Law, Lilly Melchior Roberts
German Association Of Comparative Law: Bibliography Of German Law, Lilly Melchior Roberts
Michigan Law Review
A Review of Bibliography of German Law. Edited by the German Association of Comparative Law.
Kauper: Religion And The Constitution, Wilber G. Katz
Kauper: Religion And The Constitution, Wilber G. Katz
Michigan Law Review
A Review of Religion and the Constitution. By Paul G. Kauper.
Recent Books, Michigan Law Review
Recent Books, 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
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
The Supreme Court And Labor Dispute Arbitration: The Emerging Federal Law, Russell A. Smith, Dallas L. Jones
The Supreme Court And Labor Dispute Arbitration: The Emerging Federal Law, Russell A. Smith, Dallas L. Jones
Michigan Law Review
Within the past few years, the United States Supreme Court has handed down a number of decisions of great significance to the labor dispute arbitration process. Some have been concerned with problems of arbitrability or arbitral authority; others with the availability and exclusivity of the arbitration process vis-a-vis alternative legal remedies for breach of the labor agreement; and still others with the effect of a breach of obligation by one party to the labor agreement upon the obligations of the other party. We propose in this article to analyze these decisions, to attempt to categorize the different kinds of challenges …
Commissioner May Examine Taxpayer's Records For Years Barred By Statute Of Limitations Without Proving Reasonable Suspicion Of Fraud--United States V. Powell, Michigan Law Review
Commissioner May Examine Taxpayer's Records For Years Barred By Statute Of Limitations Without Proving Reasonable Suspicion Of Fraud--United States V. Powell, Michigan Law Review
Michigan Law Review
The Commissioner of Internal Revenue has power to summon witnesses and to examine records in order to ascertain the correctness of a taxpayer's return. If a summons is not obeyed or if the records sought are not produced, the Commissioner may seek enforcement by applying to the proper federal district court. Although the Commissioner's investigative powers are broad, they are not unlimited. In the absence of fraud, he must act within the confines of a three-year statute of limitations. In addition, the Code makes it abundantly clear that taxpayers may not be subjected to unnecessary examinations or investigations and that …
Marital Deduction Formula Clauses In Estate Planning-Estate And Income Tax Considerations, Alan N. Polasky
Marital Deduction Formula Clauses In Estate Planning-Estate And Income Tax Considerations, Alan N. Polasky
Michigan Law Review
Once upon a time, and not so very long ago, a child was born, much to the delight of its lawyer-parents. As children will, it brought much joy and only occasional moments of dismay and concern during its early, formative years. But one day it entered the terrible teens, and at age sixteen it became, like many teen-agers, baffling, confusing, and frustrating, giving rise to frenzied attempts to cope with and control the complexities of its behavior. Its name? The Federal Estate Tax Marital Deduction.
Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren
Conservation And Rehabilitation Of Housing: An Idea Approaches Adolescence, J. Michael Warren
Michigan Law Review
From the time of construction, buildings are subject to the physical elements, the wear and tear of time, and the constant march of progress which transforms yesterday's luxuries into today's necessities. Left unchecked, these forces tend to produce the slums and blight that traditionally have been the curse of urban areas. Private, charitable, and civic organizations were the first to deal with the problem of improving conditions in slum areas. Later, state and local governments joined the effort, and although they were somewhat more successful than the pioneers in the field, without federal assistance the task proved to be beyond …
Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review
Freezing Voter Qualifications To Aid Negro Registration, Michigan Law Review
Michigan Law Review
The literacy test, used by many states in determining the qualifications of voters, has proved to be a major obstacle to the elimination of voter discrimination based on racial characteristics. Under recently enacted statutory provisions, citizens who attempt to register to vote in certain states are faced with test questions of such difficulty that it is virtually impossible to answer them satisfactorily. Where there is permanent voter registration, the effect is to secure a position of political dominance for those registered prior to the institution of the tests. In those states in which individuals had been denied registration by prior …
Federal Priority Statute Gives United States Nontax Priority In Chapter X Corporate Reorganizations-United States V. Anderson, Michigan Law Review
Federal Priority Statute Gives United States Nontax Priority In Chapter X Corporate Reorganizations-United States V. Anderson, Michigan Law Review
Michigan Law Review
In a proceeding under Chapter X of the Bankruptcy Act for the reorganization of an insolvent corporation, the United States claimed first priority for nontax debts under the federal priority statute, Revised Statutes § 3466. The trustee of the corporation contested the claim to priority on the ground that section 199 of Chapter X, which in effect provides the United States in Chapter X proceedings with priority only for tax and customs claims, is exclusive and therefore R.S. § 3466 does not apply. The district court denied the claim to priority. On appeal to the Court of Appeals for the …
Brown: British Statutes In American Law 1776-1836, William F. Swindler
Brown: British Statutes In American Law 1776-1836, William F. Swindler
Michigan Law Review
A Review of British Statutes in American Law 1776-1836. By Elizabeth Gaspar Brown
Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen
Unconstitutional Racial Classification And De Facto Segregation, Joseph A. Milchen
Michigan Law Review
Classification along racial lines, when involving state action, is unconstitutional. Such classification may violate the due process or equal protection clause of the fourteenth amendment or the fifteenth amendment, and it has been held invalid in the fields of education, transportation, voting, recreational facilities, ownership and use of real property, and jury selection.
Recent Books, Michigan Law Review
Recent Books, 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
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Constitutional Right To Jury Trial In Criminal Contempt Cases?-United States V. Barnett, Michigan Law Review
Michigan Law Review
Federal courts historically have had the power to try criminal contempt cases without a jury. There is a virtually uninterrupted 150-year line of cases which holds that contempt is not a "Crime" or "criminal prosecution" within the meaning of article III and the sixth amendment to the Constitution. Superficially, the decision in United States v. Barnett is in accord with these precedents. However, in an important "dictum," footnote number 12, the majority cautioned that "punishment by summary trial without a jury would be constitutionally limited to that penalty provided for petty offenses." Although the Court itself styles this comment a …
The Unborn Plaintiff, David A. Gordon
The Unborn Plaintiff, David A. Gordon
Michigan Law Review
It is almost twenty-five years since Professor Winfield's article "The Unborn Child" was published. The development of this area of the law during the past quarter century is probably summed up in the distinction between that title and the one to this article.
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
The Joint And Survivor Account In Michigan-Progress Through Confusion, Richard V. Wellman
Michigan Law Review
Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …
Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review
Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review
Michigan Law Review
Although frequently criticized, the established doctrine of absolute sovereign immunity has long prevented suits in the courts of the United States against foreign nations without their consent. The Court of Appeals for the Second Circuit, however, in ,em>Victory Transport Inc. v. Comisaria General de Abastecimientos y Transportes, affirmed a district court order compelling arbitration between an American shipowner and the Spanish Ministry of Commerce in accordance with the terms of a contract to carry wheat from Alabama to Spain. Although the Spanish Consul asserted that the Ministry, as a branch of the Spanish government, was immune from suit …
Passenger Carrier's Liability Extended Beyond Its Own Line By Ticket Sale Transaction--Ephraim V. Safeway Trails, Inc., Michigan Law Review
Passenger Carrier's Liability Extended Beyond Its Own Line By Ticket Sale Transaction--Ephraim V. Safeway Trails, Inc., Michigan Law Review
Michigan Law Review
Plaintiff, a Negro woman, purchased a roundtrip bus ticket in New York City for travel between there and Montgomery, Alabama. The ticket was sold by defendant, an interstate common carrier licensed to do business in New York, and consisted of a strip of coupon tickets, each good for a separate portion of the journey over the lines of defendant and other independent carriers. Printed on the back of each coupon was a clause limiting defendant's liability to its own line.1 Defendant received a ten per cent commission on those connecting tickets it sold for the other lines, and on the …
Product Picketing-A New Loophole In Section 8(H) (4) Of The National Labor Relations Act?, Michael A. Warner
Product Picketing-A New Loophole In Section 8(H) (4) Of The National Labor Relations Act?, Michael A. Warner
Michigan Law Review
Legal writers have been intrigued for years by the challenge of classifying and identifying the resulting incidents of the joint and survivor bank deposit when an attempt is made to use it as a mode of effectuating a donor depositor's intention to confer benefits on a donee co-depositor. Much in their discussions is useful to one who is concerned with the concept that has evolved in Michigan, where a 1909 statute states that some co-depositors are presumed to be joint tenants. Michigan judges and practitioners must determine, however, whether comment about national trends is applicable here, for in many respects …
Promotion By Oil Company Of Tba Products Held Violative Of Ftc Section 5--Goodyear Tire & Rubber Co. V. Ftc, Michigan Law Review
Promotion By Oil Company Of Tba Products Held Violative Of Ftc Section 5--Goodyear Tire & Rubber Co. V. Ftc, Michigan Law Review
Michigan Law Review
The Atlantic Refining Company entered into an agreement with the Goodyear Tire and Rubber Company which provided that Atlantic would receive a commission on all tires, batteries, and accessories (TBA) sold by Atlantic's wholesale and retail dealers. This commission was to be paid Atlantic in consideration for assistance given in promoting Goodyear products to the independent Atlantic service station operators. After an investigation of these agreements the Federal Trade Commission issued a complaint against Goodyear and Atlantic charging them with violating section 5 of the Federal Trade Commission Act. Evidence introduced at a hearing before a Federal Trade Commission trial …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach
Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach
Michigan Law Review
A Review of American Intergovernmental Relations: Their Origins, Historical Development, and Current Status. By W. Brooke Graves.
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.