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Foundations And The Patman Committee Report, John E. Riecker

Michigan Law Review

It is the purpose of this article to evaluate the major points of the first, and main, installment of Congressman Patman's Report in the light of existing Internal Revenue Code provisions, Treasury regulations, and the more significant federal court decisions and Internal Revenue Service rulings. While the Report itself is more inclusive, space limitations dictate that this article be confined to section 501(c)(3) organizations-chiefly foundations, tax-exempt funds, and charitable trusts. Although the writer will strive to be objective, it is difficult to avoid some of the political gloss in which the Report is cast and impossible to discuss the ramifications …

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review

Michigan Law Review

Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …

Mellinkoff: The Language Of The Law, Ronald L. Goldfarb

Michigan Law Review

A Review of The Language of the Law. By David Mellinkoff

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by the 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.

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …

Hyneman: The Supreme Court On Trial, William W. Van Alstyne

Michigan Law Review

A Review of The Supreme Court on Trial. By Charles S. Hyneman

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

Thirty Years Of Legal Education, Allan F. Smith

Michigan Law Review

A generation of law students has moved through the University of Michigan Law Quadrangle since its dedication on June 13, 1934. The prophecy quoted above has been fulfilled, although the process of its fulfillment has not ended and will not end, for the process of law is indeed "an endless 'becoming.' " Despite the difficulties of carving segments from that which is essentially continuous and unbroken, it seems appropriate to pause at this thirtieth anniversary of the Quadrangle and to observe the segment of time which separates the dedication and the present day.

Babcock V. Jackson: The Transition From The Lex Loci Delicti Rule To The Dominant Contacts Approach, Arthur M. Sherwood

Michigan Law Review

This comment will examine the lex loci delicti rule and the judicial transition from it to the new "dominant contacts" approach enunciated in Babcock, with some attempt to consider unresolved difficulties in the newer approach to choice of tort law.

Revitalization Of The International Judicial Assistance Procedures Of The United States: Service Of Documents And Takings Of Testimony, Richard F. Gerber

Michigan Law Review

This comment will examine two aspects of such judicial assistance-service. of documents and taking of testimony-and it will analyze each from the viewpoint of assistance obtained abroad in aid of American litigation as well as assistance rendered within the United States in aid of foreign litigation. It will attempt to survey some of the problems involved in securing performance of these acts, indicate the changes in current practice which are likely to result from the revisions of the Federal Rules of Civil Procedure and the proposed amendments to the Judicial Code, and, last, suggest some additional measures which might promote …

The Expanding Jurisdiction Of The Securities And Exchange Commission: Variable Annuities And Bank Collective Investment Funds, John W. Erickson

Michigan Law Review

The Securities and Exchange Commission is presently attempting to assert jurisdiction over certain aspects of two industries traditionally exempt from federal securities regulation-insurance and banking. The SEC claims that two recently developed investment vehicles-variable annuities in the insurance field and pooled funds of managing agency accounts in the banking field-are virtually the same as mutual funds, which are subject to SEC regulation under the Investment Company Act of 1940. (A mutual fund is essentially a fund (usually in corporate form), the participants' contributions to which are collectively invested in a portfolio of securities, each participation representing a pro rata interest …

Executors And Administrators-Sale Of Realty In The Estate-Better Price As Reason For Permitting Sale Under "Best Interests Of The Estate" Provision, William J. Bogaard

Michigan Law Review

Pursuant to a Missouri statute permitting sale of real property for any purpose in the best interests of the estate, administrator filed a petition for power to sell realty in the estate of the decedent for the reason, inter alia, that a better price could be obtained at a private sale than at a judicial sale resulting from a suit for partition. The plaintiff heir's subsequent bill for partition of the real estate was dismissed by the trial court, which found that the administrator's petition for power to sell had conferred jurisdiction of the property on the probate court. …

Investigation Of Unauthorized Practice Of Law By Omnibus Proceeding: The Ohio Method, Jerome M. Smith

Michigan Law Review

The practice of law is impressed with a public interest. Whether by representation in a judicial proceeding or by advice on a legal problem, the lawyer renders professional service to the public. Preserving client confidences, assuring unquestioned loyalty, and rendering expert counsel are typical obligations of the legal profession. Another responsibility of lawyers is that of protecting the public from legal practice by unqualified laymen. Three areas of activity are involved in preventing unauthorized practice of law. Lawyers and public officials must define the practice of law/ investigate and prosecute unlicensed practitioners, and by judicial remedy prohibit further unauthorized practice. …

State Action, State Law, And The Private Hospital, Mary Mandana Long

Michigan Law Review

On March 2, 1964, the United States Supreme Court denied a petition to review by certiorari the decision in Simkins v. Moses H. Cone Memorial Hosp. By declining to review the case the Supreme Court left unaffected the holding of the Court of Appeals for the Fourth Circuit that two private hospitals which had participated in the Hill-Burton program of federal hospital assistance were sufficiently involved with governmental action, both state and federal, to bring their conduct within the fifth and fourteenth amendment prohibitions against racial discrimination. This decision will probably affect all of the 3,346 private, non-profit hospitals in …

Admiralty- Shipowner's Right To Indemnification For Loss Caused By Latently Defective Gear Supplied By Nonnegligent Stevedoring-Compnay, John W. Erickson

Michigan Law Review

Defendant stevedoring company contracted to perform stevedoring services for plaintiff shipowner. Pursuant to its agreement to supply gear for the job, the stevedoring company supplied a latently defective rope, the breaking of which caused injury to a longshoreman, an employee of the stevedoring company. The longshoreman obtained a judgment against the shipowner under the doctrine of unseaworthiness, and in a separate action the shipowner sought indemnification from the stevedoring company. The district court, finding the stevedoring company not negligent, denied recovery. The Court of Appeals for the Ninth Circuit affirmed, one judge dissenting. On certiorari to the United States Supreme …

Federal Criminal Procedure-Transfer For Trial Under Rule 21(B), F. David Trickey

Michigan Law Review

Defendant, a Delaware corporation, was indicted in the Eastern District of Illinois for violations of the Sherman Act. Proceeding under Rule 21(b) of the Federal Rules of Criminal Procedure defendant moved to transfer the trial to the District of Minnesota, where its principal business offices were located. The parties stipulated that the alleged offenses occurred in both Illinois and Minnesota and submitted affidavits, briefs, and oral argument on the transfer motion to petitioner, the district court judge. While evaluating numerous other factors relevant to the transfer motion, the district court gave some weight to the contention of government counsel that …

Corporations- Allocation Of Subsidiary's Tax Benefit From Consolidated Return, Thomas B. Ridgley

Michigan Law Review

Defendant parent corporation received from its subsidiary 3,556,992 dollars in tax benefits which had accrued to the subsidiary from filing a consolidated income tax return. By agreement between parent and subsidiary, the profit-making corporation was to pay the losing corporation the savings created by the consolidated return. The working relationship of the two assured the subsidiary profits and the parent losses. Consequently, nearly all tax benefit inevitably flowed to the parent. Plaintiffs, the subsidiary's minority stockholders, sought a refunding of benefits allocated to defendant, claiming that the agreement was unfair and alleging that the defendant, as the subsidiary's majority shareholder, …

Currie: Selected Essays On The Conflict Of Laws, Elliott E. Cheatham

Michigan Law Review

A Review of Selected Essays on the Conflict of Laws. By Brainerd Currie.