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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.

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 60: Subject Index, Tables of Cases, Articles, Authors, Book Reviews

Property-Joint Bank Accounts-The Donee's Inter Vivos Interest, David K. Kroll S.Ed.

Michigan Law Review

The use of joint bank accounts has become widespread throughout the United States in recent years and has been the source of considerable litigation and comment. The predominant importance of this type of account is that it allows funds remaining at the death of a co-depositor to pass to the survivor without the necessity of a will. This aspect of the account, causing it to be known sometimes as a "Poor Man's Will," has been the focal point of the attention given to the transaction; and today, after more than half a century of uneven treatment by the courts, all …

Procedural Problems Of Class Suits, Joseph J. Simeone

Michigan Law Review

The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.

Labor Law-Unemployment Compensation-Applicable Disqualification Provision Where Claimant Is Discharged For Unauthorized Walkout, L. R. Bishop

Michigan Law Review

Plaintiff was discharged by his employer for participating in a walkout which was not authorized by the union of which he was a member and which was in violation of the applicable collective bargaining agreement. In passing upon his subsequent application for unemployment compensation, the Appeal Board ruled that he was disqualified from receiving benefits for the duration of his unemployment because his actions had constituted "misconduct" under section 29(1)(a)(2) of the Michigan Employment Security Act. The circuit court reversed, holding that the "misconduct" provision did not apply and that plaintiffs acts were properly cognizable under section 29(1)(b) which provides …

Rowe: Price Discrimination Under The Robinson-Patman Act, Glen E. Weston

Michigan Law Review

A Review of Price Discrimination Under the Robinson-Patman Act, By Frederick M. Rowe.

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.

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …

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.

Taxation-Federal Income Taxation-Examination Of Certain Problems Under Section 335, Roger B. Harris S.Ed.

Michigan Law Review

Stock and securities of controlled corporations may be distributed to shareholders, tax free, in cases of corporate separations which qualify under section 355 of the Internal Revenue Code of 1954. A corporate separation is effected by the transfer of part of a corporation's assets to a subsidiary, the stock of which is distributed to the parent's stockholders. Such distributions are generally classified into three categories: spin-off, split-off, and split-up. A spin-off occurs when corporation A forms corporation B to which A transfers certain assets, receiving in exchange, the stock of corporation B. A then distributes the stock of …

Banking-Disclosure Of Records-The Duty Of A Bank As To Customer Information, Robert B. Wessling S.Ed.

Michigan Law Review

The purpose of this comment, therefore, is to describe the scope of the banker's duty as to customer information as best it can be discerned in light of the increasing exchange of credit information and increasing resort to such information by government agencies-particularly the Internal Revenue Service. In the process, it is hoped that attention will be drawn to the uncertainty which exists in this area, perhaps prompting action by the states or the banks themselves to clarify the scope of the duty and to encourage uniform treatment of customer information in a manner consistent with this duty.

Civil Aeronautics Act-Discrimination-Private Cause Of Action For Punitive Damages, L. B. Hirsch

Michigan Law Review

Plaintiff held a reconfirmed tourist reservation on one of defendant's St. Louis-to-Los Angeles flights. Defendant oversold the flight and subsequently "bumped" the plaintiff from the flight in favor of a first-class passenger who was given plaintiff's accommodations in the tourist section. Defendant's agent booked a reservation for the plaintiff aboard another airline and provided plaintiff with lunch. The only expense incurred by the plaintiff as a result of being removed from defendant's flight was the cost of a telephone call to inform his wife of his new arrival time; and plaintiff was inconvenienced by a delay of four hours on …

The Lazy Lawyer's Guide To Secured Transactions Under The Code, Peter F. Coogan

Michigan Law Review

It is expected that few, if any, who can really qualify as "lazy lawyers" will read this paper. There is, however, an obvious need for a reasonably simple statement which a young Iawyer, for example, may find helpful in explaining article 9 of the Uniform Commercial Code to the partners in his firm, or a lender's lawyer may use in explaining the essentials of article 9 to a borrower's counsel who has only occasional contact with secured transactions-- or, in either case, vice versa.

If we could assume that our learner had absolutely no knowledge of article 9, we could …

Legal, Medical And Psychiatric Considerations In The Control Of Prostitution, B. J. George Jr.

Michigan Law Review

In common with other nations of the world the United States today as in the past is faced with the problem of controlling prostitution, particularly in urban areas. At one time or another states and cities in the United States have experimented with the classic methods of controlling prostitution: reglementation, segregation and repression. Reglementation of individual houses or prostitutes has never been carried out on a statewide basis in any state in the United States, though one can find instances in certain large cities in the nineteenth and early twentieth centuries in which city ordinances or de facto police regulations …

Constitutional Law-Civil Rights-Threat Of Mob Violence As Justification For Restraint On Exercise Of Right To Travel In Interstate Commerce, Chester A. Skinner

Michigan Law Review

Pursuant to a plan to test for racial segregation in interstate commerce facilities, white and Negro students traveled through Alabama on an interstate bus journey. In Birmingham and Anniston, the students were assaulted by members of the Ku Klux Klan and other conspirators; at or near Anniston one of the buses was destroyed. On arrival at Montgomery, the students were again assaulted and intimidated by members of the Ku Klux Klan and various other individuals. The Montgomery police, with full knowledge of the impending violence, did nothing to protect the personal safety of the interstate travelers. The plaintiff, United States, …

Insurance-Rate Regulation-Construction And Effect Of Guaranty Bond Agreement, Robert L. Harmon

Michigan Law Review

Plaintiff, an insurance agents' association and several other insurance companies and associations, instituted an action attacking an order of the State Board of Insurance. The order approved a guaranty bond form, together with rates and rules, which had been submitted to ,the Board pursuant to statute by the defendant insurance company. The guaranty agreement was an arrangement whereby defendant guaranteed payment of losses under fire insurance policies of other insurers in the event the latter should be unable to pay. Although the bond form was not restricted to any specific original insurers, it was contemplated that defendant would use ,the …

Labor Law-Collective Bargaining Agreements-Sham Exception To The Parol Evidence Rule In Welfare Trust Fund Agreement, John M. Price

Michigan Law Review

Defendant, shortly after commencing a small-scale strip-mining operation, signed a standard United Mine Workers collective bargaining agreement. He claimed that before signing he informed the union representative that he could not pay the union wage scale, or the specified royalty payments to the plaintiffs, trustees of the union welfare and retirement fund, and that he signed only after being assured that the agreement was a mere formality. Defendant did not pay union wages, and sent monthly checks to the plaintiffs only in amounts he felt he could afford. Plaintiffs brought suit on the written agreement for payment of the royalties …

Recent Books, Michigan Law Review

Michigan Law Review

A Lists of Books Received by Michigan Law Review

Negligence--Assumption Of Risk And Contributory Negligence--Abolition Of Assumption Of Risk As A Defense Separate From A Contributory Negligence In Autobmobile Guest-Host Situations Negligence In Automobile Guest-Host Situation, S. Anthony Benton

Michigan Law Review

Plaintiff, a guest in an automobile driven by defendant, was injured when defendant's vehicle collided with another car. In plaintiff's suit against defendant and her insurer the jury found that defendant was causally negligent as to management and control and position on the highway, and that plaintiff was causally negligent as to lookout. After apportioning 85 percent of the negligence to defendant and 15 percent to plaintiff, the jury found that plaintiff had assumed the risk with respect to defendant's management and control and position on the highway, and the trial court therefore entered judgment dismissing the complaint. On appeal, …

Murphy: Congress And The Court, Robert B. Mckay

Michigan Law Review

A Review of Congress and the Court. By Walter F. Murphy

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 60, Issue 6 of Michigan Law Review

Torts-Libel-Constitutionality Of Retraction Statute Eliminating General Damages Recovery, John W. Galanis

Michigan Law Review

Following publication of allegedly libelous statements made by defendants during a televised news broadcast, plaintiff commenced an action to recover damages. Defendants' motion to strike the allegations of general and punitive damages was granted by the trial court since the complaint did not allege that defendants intended to defame plaintiff, or that defendants refused to publish a requested retraction of a non-intentional libel, both of which are conditions precedent to recovery of such damages under the Oregon statute. Plaintiff failed to plead further and judgment was entered for defendants. On appeal to the Oregon Supreme Court, held, affirmed. The …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 60, Issue 5 of Michigan Law Review

Taxation-Federal Estate Tax-The Construction Of Section 2036, William S. Bach S .Ed.

Michigan Law Review

This comment will explore two problems: first, an analysis of the legislative history of the present section 2036 in an effort to discover exactly which property relationships Congress intended to reach by this provision; second, an examination of the treatment which several specific arrangements have been given by the courts to determine whether there is any degree of certainty or predictability in the application of section 2036.

Securities Regulation-Federal Anti-Fraud Provisions-Applicability Of Insider Responsibility To Broker In Possession Of Inside Corporate Information, John A. Krsul Jr.

Michigan Law Review

During a period of upward movement in the price of Curtiss-Wright common stock, the corporation's board of directors voted to reduce the stock dividend by forty percent, an action certain to have an immediate adverse effect upon the stock's market price. Although the board immediately authorized the transmission of information concerning its action to the New York Stock Exchange, an inadvertent delay of forty-five minutes ensued. Unaware of the delay, C, a director of Curtiss-Wright and a registered representative of Cady, Roberts & Co. (registrant) , a registered broker-dealer, telephoned registrant to inform G, one of its partners, …

Constitutional Law-Civil Rights-Solitary Confinement Of Prisoner's Based On Religious Belief, Harvey Friedman

Michigan Law Review

Plaintiff prisoner brought an action in a federal district court under the Civil Rights Act to enjoin the defendant, a New York state prison warden, from further subjecting him to solitary confinement because of his religious beliefs. The district court refused to take jurisdiction on the ground that solitary confinement involved state prison discipline which was reviewable only in state courts. On appeal, held, reversed, one judge dissenting. A complaint by a prisoner against a state prison official which charges violation of a "preferred freedom" by religious persecution states a claim under the Civil Rights Act which the district …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Taxation-Federal Income Tax-Religious Order Not Exempt From Supplment U Tax As A Church, Alan Rothenberg

Michigan Law Review

Plaintiff, a non-profit, membership corporation consists of members of the Christian Brothers Order, and was established to furnish religious and secular education to youth. The Catholic Church considers religious instruction to be the performance of a church function, and property of the Christian Brothers Order is church property according to Roman Catholic canon law. During the taxable years in question plaintiff owned and operated a novitiate, Catholic schools, homes for the Brothers, and a winery and distillery. Plaintiff was assessed and paid $489,800.83 as a Supplement U tax on its unrelated business income realized from the winery and distillery operation. …

Donnelly, Goldstein & Schwartz: Criminal Law, B. J. George Jr.

Michigan Law Review

A Review of Criminal Law. By Richard C. Donnelly, Joseph Goldstein and Richard D. Schwartz.

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.