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Michigan Law Review

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Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr. Apr 1955

Adequacy Of Instructions To The Jury: Ii, Curtis Wright Jr.

Michigan Law Review

The six states in this group present some very special cases. They range from an original colony to Florida and Texas, which were admitted to statehood in 1845. National rank in population varies from sixth (Texas) to twenty-sixth (Mississippi) with the average almost within the top one-third. As to increase of population, the mean is close to the national figure of fifteen percent. That statement needs qualification, however, since Florida increased 46 percent and Texas 20 percent, whereas Mississippi had an actual loss of two percent. No docket delay of more than six months is found anywhere except in Texas, …

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Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed. Apr 1955

Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.

Michigan Law Review

The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.

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Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott Apr 1955

Taxation - Federal Income Tax - Meals And Lodging Under The 1954 Code, John H. Mcdermott

Michigan Law Review

Before discussing the application of the 1954 Internal Revenue Code with regard to the taxability of meals and lodging furnished an employee by his employer, several fundamental tax concepts should be examined. The first of these involves the definition of gross income, which for many years has been cast in broad statutory language. For example, section 22(a) of the 1939 Internal Revenue Code provided that gross income includes " ... gains, profits, and income derived from salaries, wages, or compensation for personal service ... of whatever kind and in whatever form paid .... " Comprehensive as these terms appear, gross …

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Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed. Apr 1955

Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.

Michigan Law Review

Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …

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Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed. Apr 1955

Evidence - Validity Of Statutory Presumption Of Intoxication From A Finding Of 0.15 Percent Concentration Of Alcohol In The Blood, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Defendant was tried and convicted of the statutory crime of driving an automobile while under the influence of intoxicating liquor. The state introduced into evidence the result of a blood test, voluntarily submitted to by the defendant, which showed 0,20% concentration of alcohol in the defendant's blood. Arizona statutes established a rebuttable presumption of no intoxication if such tests showed a concentration of 0.05%, or less, of alcohol in one's blood, and of intoxication if the tests showed a concentration of 0.15%, or more. Breath, urine, and direct blood tests are authorized by the statute. Defendant argued that the statute …

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Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed. Apr 1955

Labor Law - Labor-Management Relations Act - Rights Of Replaced "Economic" Strikers Under Section 8 (A)(3), David R. Macdonald S.Ed.

Michigan Law Review

One hundred and seventy employees of the respondent, predominantly union members, engaged in an "economic'' strike. Thirty of them returned during the strike; the others were permanently replaced. After the strike had ceased, the union asked the respondent if it would take back the remaining strikers as soon as possible, to which the respondent replied that it would rehire them when it could. About 100 strikers then applied for employment and 73 were rehired. The remaining strikers caused a complaint to be filed, alleging discrimination in violation of section 8 (a) (3) of the amended National Labor Relations Act. The …

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Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed. Apr 1955

Municipal Corporations - Validity Of Covenant To Maintain Parking Meters In Bond Issue To Finance Off-Street Parking Facilities, William G. Cloon, Jr. S.Ed.

Michigan Law Review

An act of the state legislature authorized the issuance of municipal bonds to finance off-street parking facilities. The city was authorized to pledge revenue from existing on-street parking facilities to service the bonds but was to retain the right to change the location of the parking meters and other on-street facilities for enumerated reasons so long as the change did not materially lessen the revenue to be derived from those facilities. Acting in pursuance of authority granted by the enabling act, the city covenanted to maintain its parking meters subject to the reservations required by the act. In an action …

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Beaney: The Right To Counsel In American Courts, William M. Kunstler Apr 1955

Beaney: The Right To Counsel In American Courts, William M. Kunstler

Michigan Law Review

A Review of The Right to Counsel in American Courts. By William M. Beaney

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Monthly Periodical Index, Michigan Law Review Apr 1955

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this Review.

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Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed. Mar 1955

Criminal Law - Delay In Imposition Of Sentence As Destroying Jurisdiction Of Trial Court, M. Fred Mallender, Ii S.Ed.

Michigan Law Review

Defendant was tried for burglary in April 1952. Before judgment was rendered, a petition for his commitment to the Indiana Village for Epileptics was granted, and the trial court entered judgment in July 1952 that it continue the matter under advisement so long as defendant remained in the Epileptic Village and complied with the rules and regulations. In September 1952 defendant escaped from the Epileptic Village and was later apprehended. He was brought to trial in April 1953. The court found that he had not complied with the judgment of July 1952, found him guilty as charged, and sentenced him …

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Taxation - Federal Income Taxation - Problems Created By The Complex Trust Provisions Of The 1954 Code, Harvey A. Howard S.Ed. Mar 1955

Taxation - Federal Income Taxation - Problems Created By The Complex Trust Provisions Of The 1954 Code, Harvey A. Howard S.Ed.

Michigan Law Review

This comment will not be expository of all of the trust provisions but rather will attempt to deal with some of the more important interpretative difficulties likely to be encountered in the new law involving the taxation of the income of those trusts which may accumulate income, distribute corpus, or pay or set aside amounts for charitable purposes. It will be assumed that the reader is familiar with the basic statutory pattern of the trust sections of the new code.

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Securities Regulation - Controlling Stockholders As "Issuers" Under The Securities Act Of 1933, Richard R. Dailey Mar 1955

Securities Regulation - Controlling Stockholders As "Issuers" Under The Securities Act Of 1933, Richard R. Dailey

Michigan Law Review

The Securities and Exchange Commission sought an injunction to restrain the corporate defendant, a brokerage company, and the individual defendant, its president and controlling stockholder, from selling stock in an oil company. At the time the stock was issued and sold, the individual defendant was also president and controlling stockholder of the oil company. No registration statement was in effect with reference to the stock,. which was sold through the mails in interstate commerce in violation of section 5 of the Securities Act of 1933. Section 5 of the act applies only to transactions by an "issuer, underwriter, or dealer." …

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Boundaries: Description V. Survey, Olin L. Browder, Jr. Mar 1955

Boundaries: Description V. Survey, Olin L. Browder, Jr.

Michigan Law Review

These propositions I first encountered as a student in law school. At that time they struck me as rather startling propositions, which could not be reconciled with other things I had learned about the law of conveyancing. I do not recall exactly how they were disposed of: whether they were to be regarded as the law on the subject or merely as a couple of striking aberrations. There were too many other matters demanding attention at that time to allow much fretting over so small a question. Upon returning to the classroom some years later-but now sitting on the other …

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Responsibilities In The Transfer Of Stock, Francis T. Christy Mar 1955

Responsibilities In The Transfer Of Stock, Francis T. Christy

Michigan Law Review

During the past few years there have been increasing efforts on the part of a number of organized groups to establish statutory definitions of the responsibilities of corporations and their transfer agents in the transfer of stock. Among these groups are the Commission on Uniform State Laws, which sponsored the Uniform Fiduciaries Act, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, which have jointly produced the new Uniform Commercial Code, the Committee on Simplification of Security Transfers of the Real Property, Probate and Trust Law Section of the American Bar Association, of which Committee …

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Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends And The "Preferred Stock Bail-Out," And Taxability Of The Corporation Upon The Distribution Of "Inventory Assets" Under The Internal Revenue Code Of 1954, Alice Austin S.Ed. Mar 1955

Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends And The "Preferred Stock Bail-Out," And Taxability Of The Corporation Upon The Distribution Of "Inventory Assets" Under The Internal Revenue Code Of 1954, Alice Austin S.Ed.

Michigan Law Review

It is the purpose of this discussion to indicate, with respect to corporate accumulations and distributions, some of the major interpretative problems existing under the 1939 code which Congress has failed to resolve, as well as some of the major interpretative difficulties which arise for the first time under the 1954 code.

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Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey Mar 1955

Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey

Michigan Law Review

Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …

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Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed. Mar 1955

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …

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Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed. Mar 1955

Municipal Corporations - Zoning - Amortization Of Existing Noncomforming Uses, James W. Beatty S.Ed.

Michigan Law Review

ln 1930 defendant Gage acquired several lots in the City of Los Angeles. He constructed a residential building in which he established a wholesale and retail plumbing business, using one room as an office for the conduct of his business. Also used in the business were a garage and racks, bins, and stalls for the storage of materials and supplies. The use to which defendant put the property was permitted under the applicable zoning ordinance of 1930. Later the ordinance was changed so as to make defendant's use of both lots nonconforming. In 1946 another rezoning ordinance provided that the …

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Griswold: The Fifth Amendment Today, George S. Flint S.Ed. Mar 1955

Griswold: The Fifth Amendment Today, George S. Flint S.Ed.

Michigan Law Review

A Review of The Fifth Amendment Today. By Erwin N. Griswold

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Monthly Periodical Index, Michigan Law Review Mar 1955

Monthly Periodical Index, Michigan Law Review

Michigan Law Review

This department lists the articles and comments which appear in leading law reviews. The index embraces material published since the last issue of this Review.

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Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr Feb 1955

Adequacy Of Instructions To The Jury: I, Curtis Wright, Jr

Michigan Law Review

In view of frequent judicial complaints about "instructions by the acre," it may be appropriate to begin with a short justification for an article bearing a title which might appear to suggest an antithetical problem, that is, the existence of a question as to the adequacy of instructions to the jury. To this end one might repeat the assertion that the verdict of a jury which is not instructed as to the fundamental law of the case is "crackerbarrel justice." If this is true, it certainly is also true that the mere number of instructions given is no guarantee of …

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Justice Murphy And The Welfare Question, Leo Weiss Feb 1955

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

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Justice Jackson And The Judicial Function, Paul A. Weidner Feb 1955

Justice Jackson And The Judicial Function, Paul A. Weidner

Michigan Law Review

Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …

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Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed. Feb 1955

Conflict Of Laws -- Escheat Of Intangible Property To The State Of Situs, John F. Dodge, Jr S.Ed.

Michigan Law Review

The intestate died domiciled in California leaving no known heirs or next of kin. In addition to property in California adequate to pay his debts, the deceased left deposits in three New York banks. The domiciliary administrator, acting as ancillary administrator in New York, received the proceeds of the bank accounts, petitioned for judicial settlement, and requested payment of the ancillary estate to himself as domiciliary administrator. Held, the money should be paid to the Comptroller of the State of New York as abandoned property. In re Menschefrend's Estate, 283 App. Div. 463, 128 N.Y.S. (2d) 738 (1954).

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Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed. Feb 1955

Constitutional Law - Equal Protection - Discrimination Against Negroes In State Recreation Facilities, Sanford B. Hertz S.Ed.

Michigan Law Review

Three suits were brought to obtain injunctions to prevent racial segregation at public bathing beaches, bathhouses, and swimming pools. Because the cases raised the same legal issue they were consolidated for trial. The plaintiffs moved for judgment on the pleadings. Held, motion denied. The segregation of Negroes and whites at bathing beaches, bathhouses and swimming pools does not per se deny to Negroes any rights protected by the Fourteenth Amendment to the Federal Constitution. Lonesome v. Maxwell, (D.C. Md. 1954) 123 F. Supp. 193.

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Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed. Feb 1955

Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation, Eugene Alkema S.Ed.

Michigan Law Review

Extensive federal labor legislation under the commerce clause has created a perplexing jurisdictional problem in the state courts, which are confronted increasingly with the critical issue of possible conflict with a federal preemptive area of operation. The extent to which the federal government has superseded state jurisdiction over labor matters has remained unsettled under the current case law and the legislative history of the federal acts, and the need for clarification is apparent at a time when labor cases are reaching the courts in increasing numbers. It is natural for unions to raise the issue of lack of jurisdiction in …

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Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven Feb 1955

Constitutional Law - Federal Regulation Of Lobbying Act - Vague And Indefinite Language As Violation Of First And Fifth Amendment, Arne Hovdesven

Michigan Law Review

Defendants were charged with violation of the Federal Regulation of Lobbying Act because of failure to register as lobbyists under provisions of section 308 and to report expenditures as directed by section 305. The lower court found these sections of the statute unconstitutional and dismissed the information. On appeal, held, the act is not so vague and indefinite as to violate the due process clause of the Fifth Amendment; nor does it violate the First Amendment. The penalty provision of section 310(b) is not objectionable as a deprivation of First Amendment rights since it is separable. United States v. …

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Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga Feb 1955

Constitutional Law - Legislative Contempt Power-Procedure Against Witness For Conduct Before Commission Composed Of Legislators And Others, Julius B. Poppinga

Michigan Law Review

The Massachusetts General Court, for the purpose of investigating communism and subversive activities within the Commonwealth, established by joint resolution a "special commission" composed of two members of the Senate, three members of the House, and two persons to be appointed by the governor. When the commission summoned Otis A. Hood to appear before it, he refused to be sworn as a witness without first receiving witness fees, and flippantly expressed his demand for payment. The general court requested an advisory opinion of the Supreme Judicial Court of Massachusetts, propounding three questions: (1) whether the special commission was a committee …

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Corporations - Right Of Shareholder Under Uniform Stock Transfer To Have Shares Transferred Contrary To Corporation By-Laws, Lawrence N. Ravick S.Ed. Feb 1955

Corporations - Right Of Shareholder Under Uniform Stock Transfer To Have Shares Transferred Contrary To Corporation By-Laws, Lawrence N. Ravick S.Ed.

Michigan Law Review

The defendant, a Michigan corporation, adopted a "constitution" (by-laws) which contained the following provisions: " ... no member shall be allowed to own more than five shares of stock at any one time." This restriction was not written into the articles of incorporation or printed upon the stock certificates. Plaintiff was at one time the president and director of the defendant corporation. While an officer, he acquired twenty-five shares of stock, having at the time full knowledge of the by-law provisions. When he was no longer an officer, plaintiff purchased an additional share of defendant's capital stock and requested the …

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Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan Feb 1955

Labor Law - Arbitration - Right Of Employer Of Discharge Employer Who Refuses To Testify Concerning His Communist Affiliation, Mary Lee Ryan

Michigan Law Review

A member of the United Electrical Workers Union was discharged from the J. H. Day Company because of his refusal to testify concerning his communist affiliation before the Ohio Un-American Activities Committee and because of the unfavorable publicity which had resulted. Under grievance procedure, the union brought the matter before arbitration. Findings, there was no just cause for dismissal. The employee is entitled to back pay and to reinstatement subject to security clearance. J. H. Day Company,. 22 LAB. Aim. RBP. 751 (1954).

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