Digital Commons Network^™

Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.

Michigan Law Review

Plaintiff, an American corporation, had manufactured and sold women's undergarments in the United States and Canada since 1917, under a U.S. registered trademark, "Vanity Fair." Defendant, a Canadian corporation, had registered the same trademark in Canada in 1915, and for this reason plaintiff's application for a Canadian trademark was denied in 1919. From 1945 to 1953, defendant purchased plaintiff's trademarked goods for resale in Canada. In 1953, defendant began selling goods of Canadian manufacture with its own Vanity Fair trademark, and threatened its competitors in Canada with infringement suits if they continued to sell plaintiff's trademarked goods. In an action …

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.

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

Dunham And Kurland: Mr. Justice, William G. Rice

Michigan Law Review

A Review of Mr. Justice. Edited by A.llison Dunham and Philip B. Kurland.

State Universities - Legislation Control Of A Constitutional Corporation, William P. Wooden

Michigan Law Review

The Utah Constitution provides: "The location and establishment by existing laws of the University of Utah, and the Agricultural College are hereby confirmed, and all the rights, immunities, franchises and endowments heretofore granted or conferred, are hereby perpetuated unto said University and Agricultural College respectively.'' Relying on this provision, plaintiff university brought an action against the State Board of Examiners and other agencies of the state to obtain a declaratory judgment that this clause put complete control of the university in its board of regents, thereby preventing the state legislature from delegating any powers of control to other state agencies …

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …

The Status Of The Collective Labor Agreement In France, Robert J. Nye

Michigan Law Review

This paper is intended to outline in historical perspective the statutory, judicial, administrative and social developments which have made the collective agreement an indispensable accessory to legislative and judicial regulation in France.

Patents - Licensing - Legality Of Grant-Back Clauses, Eric E. Bergsten S.Ed.

Michigan Law Review

There is no authoritative definition of the term "patent grant-back." It has been defined as a clause in a patent license which provides "for license or assignment to the licensor of any improvement patented by the licensee in the products or processes of the licensed patent." In litigated cases grant-back clauses usually appear either in basic patent licenses or in licenses of the products or processes of an industry which the licensor dominates through control of a multitude of overlapping patents.

Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.

Michigan Law Review

Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Frederic F. Brace Jr.

Michigan Law Review

The plaintiff, as a citizen, taxpayer, and parent of school children, sought an injunction to restrain the defendant school board from allowing school teachers to read the Bible aloud to students as required by a Tennessee statute. The plaintiff contended that this practice was offensive to him and in violation of the Tennessee and United States Constitutions. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statute violates neither constitution because it is not an interference with students' or parents' religious beliefs. Carden v. Bland, (Tenn. 1956) 288 S. W. (2d) 718.

Taxation - Federal Estate Tax - Interpretation Of "In Fact" Clause Of Section 2036 And Deductibility Of Support Rights Of Wife, Nathan B. Driggers S.Ed.

Michigan Law Review

Having decided to separate, but desiring to avoid the publicity of a judicial proceeding, decedent and his wife executed an agreement which called for the transfer of securities to a trust, the income of which was to be paid to the wife for her life or until her remarriage, with a reversionary interest in the decedent. In consideration for the transfer, the wife relinquished her right to support by the decedent. Both parties were represented by attorneys in the arms-length negotiations leading to the agreement. About six years after the separation, during which time neither party took steps to procure …

Patents - Misues Doctrine - Multiple Licenses With Price-Fixing Provisios As Shermen Act Violation, Herbert A. Bernhard S.Ed.

Michigan Law Review

In a suit for infringement of a moire process patent, relief was denied by the trial court partially on the ground that plaintiff had misused its patent by violating section 1 of the Sherman Act. Plaintiff had licensed two other moire finishers to use the patented process. Each license contained a proviso that plaintiff could specify the prices the licensee was to charge its customers for finishing cloth with the patented process. On appeal, held, affirmed. It is a violation of the antitrust laws for a patentee to issue more than one license containing price-fixing provisions. Newburgh Moire Co. …

Taxation - Income Tax - Accurabilty Of Dealer Reserves Withheld By Finance Company, A. Duncan Whitaker S.Ed.

Michigan Law Review

Petitioner, a dealer in new and used trailers, had agreements with several finance companies whereby they agreed to buy promissory notes he received on installment sales. The agreements permitted the finance company to withhold a portion of the unpaid balance on each note and credit such amount to the petitioner's "dealer reserve" account. The petitioner was liable for all notes in default and the finance company could charge the reserve with any unpaid balance. The reserve could also be charged with any debts of the petitioner to the company. Periodically, the dealer was to receive portions of the reserve in …

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

Michigan Law Review

A List of Books Received by Michigan Law Review

Corporations - Watered Stock - Rejection Of Statutory Obligation Theory, Michael Mcnerney S.Ed.

Michigan Law Review

Plaintiff, a judgment creditor of a corporation in which defendant was a stockholder, sued for the difference between the aggregate par value of the defendant's shares and the value of the consideration he paid to the corporation for them. After a verdict for plaintiff, the trial court granted a motion for a new trial. On appeal, held, affirmed. Liability of shareholders for watered stock is based on the misrepresentation theory in California, and there was no evidence that plaintiff relied on the stated capital in extending credit. Bing Crosby Minute Maid Corp. v. Eaton, (Cal. 1956) 297 P. …

Judicial Review In Europe, Gottfried Dietze

Michigan Law Review

The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …

Evidence - Search And Seizure - Standing To Suppress Evidence Obtained By Unconstitutional Search And Seizure, Robert C. Casad S.Ed.

Michigan Law Review

The most radical departure of the new California doctrine from federal precedents, however, lies in the rejection of the requirement of "standing" which the federal courts have always imposed. In People v. Martin the California court announced its willingness to permit any criminal defendant to move for the exclusion of evidence obtained by unreasonable search and seizure -regardless of whether it was his premises that were searched or his property that was seized.

Rejection of the requirement of standing by this outstanding court calls for a re-evaluation of the requirement as it is imposed in every other jurisdiction that observes …

Compulsory Joinder Of Parties In Civil Actions, John W. Reed

Michigan Law Review

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …

Antitrust - Resale Price Maintenance - Legality Of Fair Trade Contracts Made By Integrated Firm, John A. Ziegler S.Ed.

Michigan Law Review

Defendant-appellee manufactures its own brand-name line of drug products and is also the largest drug wholesaler in the United States. Its manufactured products are sold through appellee's own wholesale division and to independent wholesalers and retailers. In 1951 appellee entered into resale price maintenance contracts with these independent wholesalers, most of whom competed with appellee's wholesale divisions. The Government then brought an action for an injunction under section 4 of the Sherman Act, restraining the further use of resale price contracts by appellee on the ground that these contracts constituted illegal price fixing under section 1 of the act. The …

Federal Criminal Procedure - Venue Situs Of Crime Of Failing To Perform Statutory Duty, John C. Baity

Michigan Law Review

Three defendants, classified conscientious objectors, were prosecuted for violations of the Military Training and Service Act. Defendants were ordered to report to their local boards for civilian work assignments in lieu of induction. They reported to their boards but refused to comply with instructions ordering them to report at hospitals located in judicial districts other than those of their boards. The Third Circuit held that the crime of "knowingly failing or neglecting to obey any such order" was committed in the district where the hospital was located and that venue was proper in such district. On similar facts the Tenth …

Real Property - Landlord And Tenant - Need For Lessee Who Transfers Whole Term To Base Right Of Re-Entry On Condition Of "Substantial Advantage" To Him, John A. Beach S.Ed.

Michigan Law Review

Plaintiff lessee transferred his interest in the first floor and basement of certain commercial premises for the full remaining period of his own lease, retaining his interest in the second floor, where he lived. This transfer was in form a sublease, under which plaintiff as sublessor reserved power to cancel the sublease and take possession without notice if the premises were used for any purpose other than an off-sale liquor store. Plaintiff's transferee later assigned all his interest to defendant corporation, which immediately began converting the premises into an ice cream store. After defendant had spent over $10,000 in remodeling, …

Municipal Corporations - Zoning - Exclusion Of Churches From Residential Area, William R. Luney S.Ed.

Michigan Law Review

In two recent New York cases churches sought permits to use residential property for church purposes, including worship, social gatherings, construction of an adjacent parking lot, and, in one case, establishment of a school and playground. In each case the zoning board denied the permit on grounds that a church would change the residential character of the neighborhood, decrease the enjoyment of neighboring property, depreciate property values, and that the contemplated use of the property for other than worship was prohibited by the ordinance. The lower court upheld the decisions of both zoning boards. On appeal to the New York …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by 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.

Torts - Guest Statute - Carpools, Ross Kipka S.Ed.

Michigan Law Review

Plaintiff, a passenger, and defendant's decedent, the driver on the day in question, were two of six members of a carpool, each of whom drove every six.th day from the town where they all lived to the place of their common employment, thereby effecting a saving to each of approximately five dollars per week. As a result of a collision due to ordinary negligence of the driver, plaintiff was injured and sued for damages, alleging that he was not a guest passenger. The court submitted to the jury the question of whether plaintiff was a passenger for hire or a …

Administrative Law - Judicial Control - Veterans Administration's Findings Of Law And Fact Are Not Conclusvie In Government's Suit To Recover Sums Allegedly Due From Veteran, James M. Porter S.Ed.

Michigan Law Review

An action was brought by the United States to recover sums of money paid to a veteran as an employment readjustment allowance. It was claimed that the defendant was not entitled to the money because of his misstatement of earnings. Prior to this action, an administrative finding that the defendant had knowingly received the allowance contrary to law and was obliged to return it was approved by the Administrator of Veterans' Affairs. The government maintained that section 705 of the Servicemen's Readjustment Act required that the administrator's findings of law and fact be conclusive and binding on the court. The …

Legislation - Federal Criminal Procedure - Modification Of Jencks Decision, Raymond J. Dittrich, Jr. S.Ed.

Michigan Law Review

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant's motion to order the government to produce for defendant's inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Compelling The Testimony Of Political Deviants, O. John Rogge

Michigan Law Review

Besides the two specific problems which the new federal act presents, namely, whether it imposes nonjudicial functions on federal courts, and whether it should, does and can protect against the substantial danger of state prosecution, there is a general objection that one can raise against it, and to other acts of the same type: they relate to the area of belief and opinion, the very area which was involved when the English people, spearheaded by the Puritans, engaged in the struggle with the Crown that finally resulted in the establishment of a right of silence. At least if we are …