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Articles 3841 - 3870 of 8432
Full-Text Articles in Entire DC Network
Foreign Investment Protection: A Reasoned Approach, Earl Snyder
Foreign Investment Protection: A Reasoned Approach, Earl Snyder
Michigan Law Review
The main purpose in protecting private foreign investment is to encourage capital to move to newly developing nations in spite of serious, existing non-business risks. These risks are (1) the political risk (outright and "creeping" expropriation), (2) the transfer risk ( currency controls and inconvertibility of funds), and (3) the calamity risk (insurrection, revolution, war, etc.). But why encourage this? Why should an affluent, powerful nation seek, in effect, to transport overseas some of its affluence and power? Why--in the case of the United States-should encouragement be given to that which may, according to some, tend to tip still more …
Federal Civil Procedure-Federal Rule 12(E): Motion For More Definite Statement- History, Operation And Efficacy, Stefan F. Tucker S.Ed.
Federal Civil Procedure-Federal Rule 12(E): Motion For More Definite Statement- History, Operation And Efficacy, Stefan F. Tucker S.Ed.
Michigan Law Review
The purpose of this comment is to trace the history of the motion for more definite statement as provided for in the Federal Rules, analyze the reasons for granting or denying the motion, and propose an answer to the question of whether Rule 12(e) is necessary, or superfluous, as part of modern federal pleading procedure.
Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour
Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour
Michigan Law Review
Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two months subsequent to the date of application. Less than two months later, application for a reissue patent was filed, describing and claiming a change in the dimensions of a given surface from "greater than one-half' to "greater than one-third" the height of a prescribed standard. The reissue patent was awarded eight months after the application for reissue. Patentee subsequently assigned the reissue to plaintiff corporation. Plaintiff brought suit for infringement, and defendant moved for summary judgment on the ground that the reissue was invalid because …
Taxation-Federal Income Taxation-The Three-Party Sale And Lease-Back, Lawrence R. Velvel S.Ed.
Taxation-Federal Income Taxation-The Three-Party Sale And Lease-Back, Lawrence R. Velvel S.Ed.
Michigan Law Review
The so-called sale and lease-back device has long been the subject of judicial and governmental scrutiny. The Internal Revenue Service has recently decided to begin a more active campaign of enforcement against a certain three-party variation of the sale and lease-back device. The structure of this variation can be best understood by considering the following hypothetical situation.
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Civil Procedure-Trial Practice-Special Verdict Question That Can Be Decisive Only If Answered Negatively, Samuel J. Mckim Iii
Michigan Law Review
Plaintiff was severely burned by the explosion of a can of "liquid bug killer" allegedly sold to him by defendant. Four issues of fact were raised: whether defendant sold the can in question to plaintiff, the former's negligence, the latter's contributory negligence, and the amount of the damages. The trial judge submitted to the jury, over the objections of both parties, only the first issue, in the form of a single question of fact. The jury, having served three days past the end of its term and one hour past the normal time for adjournment, was instructed that a finding …
Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.
Trade Regulation-Robinson-Patman Act-Price Discrimination In The Marketing Of Gasoline, Howard R. Lurie S.Ed.
Michigan Law Review
The emergence of chain stores and mail-order houses in the 1920's posed a new threat to competition; this time at the retail level. The quantity purchase discounts which large buyers could exact placed the small independent merchant at a competitive disadvantage so substantial as to cast doubt upon his continued presence in the competitive picture. To prevent these competitive advantages, which were felt to be unfair and undesirable, Congress, in 1936, passed the Robinson-Patman Act which, in part, amended section 2 of the Clayton Act. The effect of the amendment was to tighten the application of the quantity purchase defense …
Securities Exchange Act Of 1934--Cml Remedies Based Upon Illegal Extension Of Credit In Violation Of Regulation T, Robert G. Lane
Securities Exchange Act Of 1934--Cml Remedies Based Upon Illegal Extension Of Credit In Violation Of Regulation T, Robert G. Lane
Michigan Law Review
Following the stock market crash of 1929, there was considerable agitation for the regulation, and even the elimination, of the purchasing of securities on credit. Indeed, the extension of credit for the purchasing of securities became an issue in the 1932 presidential campaign and finally, in 1934, came under direct federal control. Although the federal regulations were intended to eliminate the hazards associated with the extension of credit for the purchasing of securities, all the available evidence indicates that the substantial amount of credit in the stock market was a significant factor in pushing up prices during the bull market, …
Advocating The Rights Of The Injured, Benjamin Marcus
Advocating The Rights Of The Injured, Benjamin Marcus
Michigan Law Review
When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr.
Criminal Procedure--Discovery-Right Of Prosecution To Pre-Trial Discovery, Thomas G. Dignan Jr.
Michigan Law Review
In a trial for rape, the defendant indicated an intention to rely on his alleged impotency as a defense. The trial court thereupon granted the prosecution's motion for discovery of all medical reports and X-rays relating to the defendant's present physical condition, the names and addresses of all physicians who had treated the defendant prior to trial, and the names and addresses of all physicians who had been subpoenaed to testify for the defendant. On petition by the defendant, the intermediate appellate court issued a writ of prohibition restraining the enforcement of the trial court's order. On review, held, …
Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure
Admiralty--Liability--Transitory Unseaworthiness, Richard Delamielleure
Michigan Law Review
While loading grain aboard a ship, the petitioners, longshoremen, were injured when they inhaled noxious fumes from a shot of grain released into the vessel's hold, the grain having been treated with a chemical insecticide by unknown parties at an inland point. Petitioners brought suit against the city, which owned the grain elevators, and the shipowner, alleging, among other things, that the vessel was unseaworthy. The district court found the ship to be seaworthy, and the circuit court of appeals affirmed the judgment for the defendant. On certiorari the Supreme Court vacated the judgment and remanded the case to the …
Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.
Zoning--Townships--Complete Exclusion Of Trailer Camps And Parks, Rolfe A. Worden S.Ed.
Michigan Law Review
Plaintiff challenged the validity of an amendment to the zoning ordinance of the defendant township which barred all trailer camps and parks from its industrial district. As trailer parks had previously been zoned out of the business, residential, and agricultural districts, this amendment had the effect of completely excluding them from the entire township, although approximately half of its twenty-three square miles consisted of open rural area. The parties stipulated that the plans of the plaintiff, who wanted to develop a trailer park on his premises, met all of the applicable health standards. The trial court sustained the amendment, but …
Kaplan & Katzenbach: The Political Foundations Of International Law, Leo Gross
Kaplan & Katzenbach: The Political Foundations Of International Law, Leo Gross
Michigan Law Review
A Review of The Political Foundations of International Law. By Morton A. Kaplan and Nicholas deB. Katzenbach.
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.
Some Current Thinking On Voting Rights, Michigan Law Review
Some Current Thinking On Voting Rights, Michigan Law Review
Michigan Law Review
This issue of the Review is devoted to a consideration of certain selected problems of present interest in the area of voting rights.
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay
Michigan Law Review
If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas
Michigan Law Review
In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser
Michigan Law Review
It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.
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 Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
The Administraton's Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
Michigan Law Review
The nature of American national government has undergone a profound metamorphosis, moving from the near oligarchy which characterized the system as established in 1789 to the imperfectly representative government which it is today. At the time the Constitution was ratified, all restrictions then imposed by the several states on the right to vote for state and federal electors were preserved. These various limitations on the franchise restricted the active body politic to approximately four percent of the total population. Disfranchisement applied then, as now, to those under twenty-one, to those lacking sufficient residence in a given community, to the insane, …
Security-Chattel Mortgages-Mortgage Recorded Under Federal Aviation Act Of 1958s As Affected By State Laws, William C. Brashares
Security-Chattel Mortgages-Mortgage Recorded Under Federal Aviation Act Of 1958s As Affected By State Laws, William C. Brashares
Michigan Law Review
Defendant, a Michigan corporation, ordered a new airplane from Air-O-Fleet, a retailer. Air-O-Fleet financed its purchase from the manufacturer through a loan from plaintiff, a Texas corporation, who took a chattel mortgage on the airplane. One day after Air-O-Fleet had made delivery to defendant and received full payment, plaintiff recorded the chattel mortgage with the Federal Aviation Authority in accordance with the Federal Aviation Act of 1958, section 1403, which provides that "no conveyance or instrument ... shall be valid ... against any person other than the person by whom the conveyance or other instrument is made or given, ... …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 61, Issue 3 of Michigan Law Review
Embezzled Funds As Taxable Income: A Study In Judicial Footwork, Jerome B. Libin, George R. Haydon Jr.
Embezzled Funds As Taxable Income: A Study In Judicial Footwork, Jerome B. Libin, George R. Haydon Jr.
Michigan Law Review
The James case might not be worthy of extensive comment if its only significance rested on the decision that embezzled funds constitute taxable income in the year of misappropriation. But close analysis of the five separate opinions that were written indicates that James may have considerable significance beyond its precise holding.
Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown
Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown
Michigan Law Review
With the exception of Kentucky, Vermont, Texas, California, and West Virginia, all parts of continental United States south and west of the present boundaries of the original states came under colonial rule, and were governed from the national capital through territorial governments for varying periods of time. All territories in this area were "incorporated" in the sense that they were destined to become states of the United States. All became states by 1912, leaving only Alaska and Hawaii for future statehood. Now that these territories have become states, it seems desirable to review legal developments in all of these "incorporated" …
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Longshoreman-Shipowner-Stevedore: The Circle Of Liability, Harney B. Stover, Jr.
Michigan Law Review
It is universally recognized that in the past two decades the United States Supreme Court has substantially revised the law under which seamen, longshoremen and harbor workers (or their survivors) may recover damages for personal injury and death. One of the more recent and most authoritative texts in the field of admiralty and maritime law devotes an entire chapter, 147 pages in length, to the subject of the rights of seamen and maritime workers (or their survivors) of recovery for injury and death. The introduction to that chapter likens the Court's rewriting of the law in this field to a …
Corporations-Officers And Directors-Liability For Representative Acts Under The Sherman Act, Leon E. Irish
Corporations-Officers And Directors-Liability For Representative Acts Under The Sherman Act, Leon E. Irish
Michigan Law Review
An indictment brought under section 1 of the Sherman Act charged appellee and the corporation that employed him with conspiracy to eliminate price competition in the greater Kansas City milk market. Appellee was charged solely, in his capacity as officer, director or agent of the corporation. The district court dismissed the indictment on the ground that natural persons are indictable under section 1 of the Sherman Act only for acts done on their own account. On direct appeal to the Supreme Court, held, reversed and remanded. A corporate officer is liable under section 1 of the Sherman Act whether …
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Michigan Law Review
During the pre-trial stage of a civil antitrust suit, plaintiff sought inspection of certain documents in the files of the corporate defendants' outside counsel. The defendant contended that these documents were protected from discovery by the attorney-client privilege. Upon motion for inspection, held, granted. The attorney-client privilege is not available to any of the corporate parties in this action. Radiant Burners, Inc. v. American Gas Ass'n, 207 F. Supp. 771, aff'd on rehearing, 209 F. Supp. 321 (N.D. Ill. 1962).
Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed.
Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed.
Michigan Law Review
Plaintiff brought an action to set aside a determination of the United States Civil Service Commission that his political activities while Illinois State Director of Conservation were in violation of the Hatch Act. The district court held that such an application of the Hatch Act would infringe upon the plaintiff's vested rights, and would contravene the constitutional guarantee to the state of a republican form of government. On appeal, held, reversed. Application of the Hatch Act to state employees does not deprive them of any vested rights under the United States Constitution. Palmer v. United States Civil Sero. Comm'n …
Taxation-Federal Income Tax-Divocrce Property Settlement As A Taxable Event, Martin B. Dickinson Jr., S.Ed.
Taxation-Federal Income Tax-Divocrce Property Settlement As A Taxable Event, Martin B. Dickinson Jr., S.Ed.
Michigan Law Review
Respondent taxpayer transferred stock to his former wife pursuant to a voluntary property settlement agreement incorporated in their divorce decree. As consideration for the securities conveyed, his wife released her rights to alimony, dower, and intestate succession under Delaware law. The Commissioner of Internal Revenue assessed as taxable gain the difference between the taxpayer's basis for the stock and its market value at the time of the transfer, but the Court of Claims ruled that the taxpayer realized no taxable gain from the transfer. On certiorari, held, reversed. The exchange was a taxable event in which the taxpayer received …