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Articles 4051 - 4080 of 8432
Full-Text Articles in Entire DC Network
E. Blythe Stason, John R. Dethmers
E. Blythe Stason, John R. Dethmers
Michigan Law Review
His extreme modesty and unwillingness to advertise himself or permit others to extol him, his utter unselfishness, and his complete subordination of self and personal interests to those of the University and Law School to which he gave four decades of loyal and devoted service, have combined to leave biographical materials about Dean E. Blythe Stason, except for the most routine accounts, almost nonexistent. Writings by him are amazing in number and scope. Writings about him can scarcely be found. This is not because there is a lack of things to write about him and his many, brilliant accomplishments in …
E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers
E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers
Michigan Law Review
The retirement of E. Blythe Stason from the deanship of the Law School of the University of Michigan affords occasion for testimonials to him and to his work, including preeminently his enormous contribution to the improvement of both federal and state administrative law. Imposing as has been his career as the beloved and successful Dean of that superb school, his eminence among the scholars and craftsmen in administrative law was achieved before he began to occupy the Dean's chair and, God willing, he will long continue to lend his strong, skilled hands to the never-ending task of the perfection of …
Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.
Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.
Michigan Law Review
Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …
Taxation - Federal Income Tax- Full Payment A Prerequisite To Refund Suit, Stuart S. Gunckel
Taxation - Federal Income Tax- Full Payment A Prerequisite To Refund Suit, Stuart S. Gunckel
Michigan Law Review
A tax deficiency of $28,908.60 including interest was levied by the Commissioner of Internal Revenue against the petitioner for a single tax year. Petitioner paid $5,058.54 but later filed a claim for refund which was disallowed by the Commissioner. On suit by petitioner in a United States district court for the refund, the court held the petitioner was not entitled to the refund because the claimed losses were actually capital in nature. The Court of Appeals for the Tenth Circuit reversed and dismissed the complaint on the ground that the district court could not have jurisdiction until there had been …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 59, Issue 1 of Michigan Law Review
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume
Michigan Law Review
The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "
Ball: Dynamics Of The Patent System, Robert A. Choate
Ball: Dynamics Of The Patent System, Robert A. Choate
Michigan Law Review
A Review of Dynamics of the Patent System. Edited by William B. Ball.
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.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Civil Procedure - Disclosure Of Minutes When Grand Jury Was Used For Purpose Of Preparing For Civil Action, L. Vastine Stabler Jr.
Michigan Law Review
Three weeks after the close of a grand jury investigation of charges of criminal antitrust violations, the Government filed a civil complaint against defendants based upon materials accumulated by the grand jury. Defendants obtained discovery of the grand jury transcript, but the United States Supreme Court overruled, holding that defendants, by merely showing that the Government had not requested an indictment, had not shown "good cause" for discovery under rule 34 of the Federal Rules of Civil Procedure. The Court did indicate that a use by the Government of the grand jury for the sole purpose of preparing for a …
Constitutional Law - Due Process - Right Of Second Offender To Pre-Sentence Hearing Regarding Prior Conviction, John Edward Porter S.Ed.
Constitutional Law - Due Process - Right Of Second Offender To Pre-Sentence Hearing Regarding Prior Conviction, John Edward Porter S.Ed.
Michigan Law Review
Relator was convicted of burglary in 1953 and of voluntary manslaughter in 1954. While passing sentence after the latter conviction, the court declared that it was exercising its discretion under the Habitual Criminal Act by imposing a double penalty on the relator. Neither relator nor his counsel objected to the procedure or demanded a hearing regarding the prior conviction. On petition for writ of habeas corpus, which was denied by the lower court, relator admitted the fact of his prior conviction. He asserted, however, that although the habitual criminal statute in terms contains no provision granting alleged second offenders notice …
Constitutional Law - Governmental Immunity - Immunity Of Agent Of Federal Government To State Taxation, Robert M. Steed S.Ed.
Constitutional Law - Governmental Immunity - Immunity Of Agent Of Federal Government To State Taxation, Robert M. Steed S.Ed.
Michigan Law Review
E. I. du Pont de Nemours and Company contracted with the Atomic Energy Commission to construct and operate the Savannah River Project for development of the hydrogen bomb for a fee of one dollar. Under the contract du Pont was to purchase all materials and supplies with funds furnished by the United States, title to vest in the government immediately when it passed from the vendor. South Carolina attempted to apply its sales and use taxes to these purchases. In an action by the United States and du Pont before a statutory three-judge district court to enjoin collection of these …
Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed.
Criminal Procedure - Jurisdiction - Juvenile Court's Right To Exclusive Jurisdiction Over A Contempt Proceeding Originally Initiated Against A Minor Child In A Court Of General Jurisdiction, Victor J. Gibbons S.Ed.
Michigan Law Review
A seventeen-year-old minor sought a writ of prohibition against a circuit court to prevent it from enforcing a decree of contempt of court which resulted from her refusal to testify before a grand jury proceeding. She asserted that her refusal to testify was a public offense covered by the juvenile code, over which the juvenile court had exclusive jurisdiction. In an original proceeding, held, order of prohibition denied. The purpose of a direct contempt citation is to compel obedience to, and respect for, the court and not to punish for a public offense; consequently, because contempt is only quasi-criminal …
Forming A Subsidiary In The European Common Market, Alfred F. Conard
Forming A Subsidiary In The European Common Market, Alfred F. Conard
Michigan Law Review
The appearance of a new market which is open to free enterprise and contains almost as many customers as the United States has opened immense opportunities to American enterprises, with their unique experience in mass production and mass marketing. General counsel for large American enterprises are confronted with a new need for some understanding of the problems of organizing subsidiary companies in this new market. The present article is written to supply an introduction to the legal factors which bear on solutions of these problems.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
The Prospet Of Liberty Or The View From Saint-Remy, Ralph M. Carson
Michigan Law Review
This celebration of the first century of the Michigan Law School recalls the vain endeavor of the Holy Roman Empire to keep the craft of the law out of the Americas. Que no passasen abogados ni procuradores a las Indias was a clause inserted by the Emperor Charles V into the capitulation of 1540 with Alvar Nunez which sanctioned the exploration of the River Plate. Perhaps it was the futility of lawyers which prompted the Imperial veto. Twenty years before, when the Governor of Cuba sought to halt Cortez with decrees of outlawry from Spain, his cunning captain Sandoval evaded …
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Evidence - Rules Of Evidence In Disbarment, Habeas Corpus, And Grand Jury Proceedings, Paul S. Gerding S.Ed.
Michigan Law Review
It is the purpose of this comment to examine three common-law proceedings in which rules of evidence are generally not governed by statute, to determine whether the liberalism expressed in administrative hearings has extended to non-statutory areas. Specifically, to what extent have the exclusionary rules of evidence, which rest on the theory of preventing the jury from being misled (the "jury theory"), been abandoned in disbarment, habeas corpus, and grand jury proceedings?
Constitutional Law - Civil Rights - Restrictions On The Use Of Legal Materials By Prisoner, Russell A. Mcnair Jr.
Constitutional Law - Civil Rights - Restrictions On The Use Of Legal Materials By Prisoner, Russell A. Mcnair Jr.
Michigan Law Review
Plaintiff prisoners brought separate actions against the warden of the Oregon State Penitentiary, alleging that the enforcement by prison officials of restrictions on the availability, use and purchase of law books resulted in a denial of full access to the courts. It was further alleged that each of them must do by himself all or part of the legal preparation necessary to contest his detention or to defend criminal charges pending against him in a state or federal court. In proceedings brought in the federal district court under the Civil Rights Act to enjoin further enforcement of these restrictions, held …
Unemployment Compensation - Labor Dispute Disqualification - Public Policy And The "Establishment", William G. Thursby
Unemployment Compensation - Labor Dispute Disqualification - Public Policy And The "Establishment", William G. Thursby
Michigan Law Review
Claimants brought suit for unemployment compensation allegedly due them for a period of temporary unemployment. Their employer manufactured spark plugs which were assembled at its Ohio plant using component parts made at its Michigan plant some 50 or 60 miles distant. The parts were transported daily by truck to the Ohio plant, and the Michigan plant was under the direct supervision of the Ohio plant. When a labor dispute occurred at the Michigan plant, lack of parts forced the lay-off of claimants at the Ohio plant. Upon termination of the labor dispute and a resumption of production the claimants resumed …
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.
Stockholder Votes Motivated By Adverse Interest: The Attack And The Defense, Earl Sneed
Stockholder Votes Motivated By Adverse Interest: The Attack And The Defense, Earl Sneed
Michigan Law Review
It is the purpose of this article to study stockholder votes motivated by adverse interest from the standpoint of the attack and the defense. First, the remedies available to the complaining minority are examined. Then follows a study of the indicia of adverse interest in specific shareholder actions. Knowledge of the nature and import of these indicia should enable the careful lawyer to avoid or defeat the charge that unconscionable adverse interest vitiated the result of a stockholder vote.
Free Will In The Frontiers Of Federalism, John R. Brown
Free Will In The Frontiers Of Federalism, John R. Brown
Michigan Law Review
In an assembly dedicated, as this one is, to frontiers in law and legal education in celebration of the centennial of this great Law School and forecasting what is to be expected in the next one hundred years, the idea of states' rights-of the federal-state relationship-has seemed almost ironic.
Antitrust Laws- Judicial Relief For Violations Of Section Seven Of The Clayton Act - Disenfranchisement In United States V. E. I. Du Pont De Nemours & Co., Barbara B. Burt S. Ed.
Antitrust Laws- Judicial Relief For Violations Of Section Seven Of The Clayton Act - Disenfranchisement In United States V. E. I. Du Pont De Nemours & Co., Barbara B. Burt S. Ed.
Michigan Law Review
This comment will approach section 7 relief questions and solutions primarily in the light of du Pont's unique facts, which included a vertical stock acquisition made thirty years before the judicial proceeding plus the complicating factors of vast financial interests, numerous innocent investors and several corporate interrelationships. Thereby were posed complex problems regarding (1) parties to the relief determination, (2) interests to be affected by the decree and (3) the manner of affecting those interests.
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Search And Seizure - Suppression Of Evidence - Judicial Attitude Toward Enforcement, John B. Waite
Michigan Law Review
The "numbers game" is today the most profitable of the wide-spread gambling rackets. And like all organized gambling it is a focal source and the financial support of far more serious crimes. At the same time it is one of the most difficult forms of crime for the police to control. It needs no costly installations which the police can confiscate or destroy. Unlike "house" gambling it cannot practically be harassed out of business. It can be operated by one man alone, if he survives failure to pay off for lack of capital; or by a syndicate with capital enough …
Trust Administration - Apportionment And Other Remedies Of An Income Beneficiary When The Trustee's Retention Of Unproductive Property Causes A Loss Or Termination Of Income, Bruce M. Stiglitz S. Ed.
Trust Administration - Apportionment And Other Remedies Of An Income Beneficiary When The Trustee's Retention Of Unproductive Property Causes A Loss Or Termination Of Income, Bruce M. Stiglitz S. Ed.
Michigan Law Review
The purpose of this comment is to examine apportionment and other remedies of a beneficiary who has been deprived of his income by the retention of unproductive property, and especially to examine the problems which arise when the trustee's retention of such assets constitutes a breach of trust.
Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey
Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey
Michigan Law Review
Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …
Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson
Constitutional Law - Due Process - Zoning Restrictions Requiring Land Owners To Provide Off-Street Parking, Eldon Olson
Michigan Law Review
In 1956 the City of Denver passed an ordinance requiring land owners to provide off-street parking if and when they erect new buildings or make structural alterations or change the existing use of the land. The restriction applied to a district adjacent to the traditional downtown district which was in the process of changing from residential to commercial. The ordinance did not specify whether the property owners retained control over parking areas, but the city argued that parking could be restricted to persons using the property. Plaintiff property owners alleged the ordinance was unconstitutional and were granted a declaratory judgment …
Negligence - Proximate Cause - Liability Of Tavern-Keeper To Third Person Injured By One To Whom Tavern-Keeper Had Made And Unlawful Sale Of Liquor, Alan C. Miller
Michigan Law Review
In a jurisdiction having a statute prohibiting sales of liquor to minors and persons actually or apparently intoxicated, defendants, four tavern-keepers, served alcoholic beverages to an eighteen-year-old minor. Fifteen or twenty minutes after leaving the last of the taverns, the intoxicated minor negligently drove a motor vehicle and collided with plaintiff's car, killing plaintiff's husband. Plaintiff brought this action as representative of her husband's estate and as owner of the damaged car. Her complaint charged not only that defendants unlawfully and negligently sold and served alcoholic beverages to a minor under circumstances constituting notice that he was a minor, but …
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.