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Articles 4021 - 4050 of 8432
Full-Text Articles in Entire DC Network
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Michigan Law Review
A New York statute, implementing a congressionally-approved interstate compact, prohibits a waterfront union from collecting dues if any officer of the union has been convicted of a felony, unless he has been subsequently pardoned or given a certificate of good conduct by the parole board. In response to a threat of prosecution by the defendant district attorney, plaintiff's international union suspended him from his local union office on a showing that he had been convicted of grand larceny in 1920. Plaintiff sought in a declaratory suit to have the statute declared unconstitutional and to have its operation enjoined. The New …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
The Supreme Court And The Rule Of Law, Paul G. Kauper
The Supreme Court And The Rule Of Law, Paul G. Kauper
Michigan Law Review
I should like to approach this afternoon's subject along two lines. On the one hand, I propose to develop the subject in terms of the Supreme Court's contribution to our understanding of the Rule of Law, and, on the other hand, I propose to look at the Supreme Court as a governmental institution subject to the Rule of Law. In short, I propose to discuss the Supreme Court both as an instrumentality for the development of the American concept of the Rule of Law and as an institution governed by the Rule of Law. Needless to say, these two approaches …
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.
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Michigan Law Review
Husband purchased a new automobile from a dealer. The contract of sale contained on its reverse side an express warranty from the manufacturer to the "original purchaser" providing for the replacement of any parts which were returned to the manufacturer and were in its judgment defective. The warranty was " ... expressly in lieu of all other warranties expressed or implied .... " The dealer warranty was substantially identical to that extended by the manufacturer; both adhered to the form prescribed by the Automobile Manufacturer's Association. Shortly after the delivery of the automobile, wife was injured in a collision caused …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 59, Issue 3 of Michigan Law Review
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Attachment And Garnishment In The Federal Courts, Brainerd Currie
Michigan Law Review
Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …
The New Tax Policy On Deferred Compensation, Ralph S. Rice
The New Tax Policy On Deferred Compensation, Ralph S. Rice
Michigan Law Review
No single factor of income tax planning today exceeds in importance those devices under which payment of tax with respect to services performed by an employee in his peak earning years is postponed until the compensation is actually paid to him at a later date. It is normally expected that through these devices payment will be made to the employee after he has partially or fully retired and no longer encounters the high tax burden which arises from progressive rates at the time the services are rendered.
The Supreme Court-October 1959 Term, Bernard Schwartz
The Supreme Court-October 1959 Term, Bernard Schwartz
Michigan Law Review
A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle
Michigan Law Review
Plaintiff, a Georgia corporation not qualified to do business in Florida, solicited orders for merchandise from Florida residents through independent brokers who forwarded the orders to plaintiff's Georgia office for acceptance. Plaintiff did not maintain any place of business in Florida nor have any regular employee or agent there. In a suit to enjoin the enforcement of a distress warrant issued upon plaintiff's failure to collect the Florida use tax, the chancellor denied relief and the Florida Supreme Court affirmed. On appeal to the United States Supreme Court, held, affirmed, one Justice dissenting. Enforcement of the statute requiring collection …
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas
Michigan Law Review
Federal officers arrested petitioner upon finding narcotics in an awning outside the window of E's apartment which petitioner was using as "a friend" of E. Charged with possession of contraband narcotics, petitioner moved to suppress the evidence claiming the warrant to search the apartment was issued to the officers without probable cause. The district court denied petitioner's motion on the ground that he lacked standing to make it. At trial a renewed motion to suppress was denied, and on appeal the Court of Appeals for the District of Columbia affirmed the ruling of the district court. On certiorari …
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider
Michigan Law Review
A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, …
Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill
Michigan Law Review
Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …
Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard
Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard
Michigan Law Review
Defendant Wilmington Parking Authority was a tax-exempt state agency organized under the Delaware Parking Authority Act to build and operate a public off-street parking facility. Financing of the project was accomplished primarily by the issuance of self-liquidating bonds, but fifteen percent of the necessary capital was advanced by the City of Wilmington from its public funds. The state agency had statutory authority to lease space in the facility for private commercial uses, but only to the extent that the rentals thereby obtained were needed to meet the state requirement that the facility be self-supporting. In accordance with this authority space …
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.
Michigan Law Review
A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]
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.
Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg
Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg
Michigan Law Review
A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.
Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine
Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine
Michigan Law Review
Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 59, Issue 2 of Michigan Law Review
Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger
Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger
Michigan Law Review
Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman
Michigan Law Review
In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Michigan Law Review
The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter
Michigan Law Review
Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …
Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White
Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White
Michigan Law Review
As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …
Federal Procedure- Habeas Corpus-Custody As A Prerequisite For Jurisdiction, William C. Griffith
Federal Procedure- Habeas Corpus-Custody As A Prerequisite For Jurisdiction, William C. Griffith
Michigan Law Review
Having exhausted his state remedies in seeking a reversal of a 1954 conviction for forgery, petitioner applied in May 1956 for a writ of habeas corpus in a federal district court alleging, inter alia, that his conviction without benefit of counsel was a denial of due process under the fourteenth amendment. After dismissal by that court and affirmance by the court of appeals, the Supreme Court granted certiorari in March 1959. Pending a decision, petitioner completed his sentence and was released from prison. In a per curiam opinion, held, dismissed, four Justices dissenting. In a habeas corpus proceeding …
Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies
Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies
Michigan Law Review
Respondent construction firm was engaged in building a dam, the sole purpose of which was to enlarge a reservoir that supplied water to the city of Corpus Christi, Texas. Industrial producers of goods for interstate commerce and operators of instrumentalities of interstate commerce consumed nearly half of the water supplied by the city's system. The Secretary of Labor sought an injunction against violations of the overtime provisions of the Fair Labor Standards Act The district court granted the injunction; the court of appeals reversed, relying primarily upon the "new construction" doctrine. On certiorari to the United States Supreme Court, held …
Mayers: Shall We Amend The Fifth Amendment?, B. J. George Jr.
Mayers: Shall We Amend The Fifth Amendment?, B. J. George Jr.
Michigan Law Review
A Review of Shall We Amend the Fifth Amendment? ? By Lewis Mayers
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb
Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb
Michigan Law Review
Taxpayer received assistance from a labor union while he was participating in a strike called by the union. The area in which he lived had become a distressed area as a consequence of the strike, and the union had established a general program of aid for strikers with no other source of income. Both before and after he joined the union payments were made to taxpayer under this program. Taxpayer sued for a refund of the income tax he payed on the value of the assistance so received, and the jury returned a verdict in his favor, finding the payments …
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.