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Articles 4651 - 4680 of 8432
Full-Text Articles in Entire DC Network
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Corporations - De Facto Existence - Necessity Of Good Faith Attempt To Incorporate Under And Of Colorable Compliance With Incorporation Statute, Richard R. Dailey
Corporations - De Facto Existence - Necessity Of Good Faith Attempt To Incorporate Under And Of Colorable Compliance With Incorporation Statute, Richard R. Dailey
Michigan Law Review
Defendant, a purported holding corporation, was organized in 1922 before the enactment of a state statute authorizing such corporations. The articles of incorporation stated that the purpose of the corporation was "to acquire, own and hold" shares of stock in a realty company. There was actual user of corporate power by the defendant under this attempted incorporation until the time of this suit in 1954. The legislature in 1941 amended the incorporation statute to authorize incorporation of a holding company, but no action was taken by the defendant pursuant to this amended statute. In an action for a declaratory judgment, …
Federal Procedure - Venue - Right Of Alien Under Diversity Of Citizenship Clause Of 28 U.S.C. § 1391 (A), Richard M. Adams
Federal Procedure - Venue - Right Of Alien Under Diversity Of Citizenship Clause Of 28 U.S.C. § 1391 (A), Richard M. Adams
Michigan Law Review
Plaintiff, a citizen of France and resident of New York City, sought a declaratory judgment and restraining order against several defendants residing in different states. On the theory that a suit involving a citizen of France and citizens of the United States constituted "diversity of citizenship" under 28 U.S.C. § 1391 (a), and therefore could be brought where all of the plaintiffs or all of the defendants resided, the action was laid in the federal district court of New York where the plaintiff resided. Defendant moved for dismissal on the ground that this was "alienage," not "diversity of citizenship" as …
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Federal Procedure - Juries - Attacking Release For Fraud In Action At Law, James W. Beatty S.Ed.
Michigan Law Review
Plaintiff brought an action to recover damages for personal injuries. Defendant filed an answer and asserted that plaintiff had executed a release in full for all claims against the defendant. In his reply plaintiff admitted that he had executed the release, but claimed that it was obtained by fraud on the part of the defendant. The district court granted defendant's motion to deny a jury trial on the ground that the matter of determining the validity of a release was properly cognizable in equity and that therefore plaintiff was not entitled to a jury trial on this issue. On appeal …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
The index embraces material published since the last issue of this Review.
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Michigan Law Review
The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Plaintiffs' testator ''leased" certain land to the defendants' assignor for a period of twenty-eight years, the latter contracting to pay $1,200 annually and to pay all taxes and assessments against the land during that period. The instrument also contained a clause whereby plaintiffs' testator contracted to convey in fee to defendants' assignor at the expiration of the twenty-eight year period, upon the latter's making a payment of one dollar. During the twenty-eight year period considerable improvements were made on the land. At the expiration of the period plaintiffs sought a declaration of rights and obligations of the parties under the …
Jacobs: Law Writers And The Courts, Richard. A. Edwards
Jacobs: Law Writers And The Courts, Richard. A. Edwards
Michigan Law Review
A Review of Law Writers and the Courts. By Clyde E. Jacobs
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Release Time And Religious Liberty: A Reply, Leo Pfeffer
Release Time And Religious Liberty: A Reply, Leo Pfeffer
Michigan Law Review
In his generous article-review of this writer's book, Church, State, and Freedom, Paul G. Kauper justified the decision of the United States Supreme Court in Zorach v. Clauson on the basis of its prior decision in Pierce v. Society of Sisters. In the Pierce case, it will be remembered, the Supreme Court invalidated an Oregon statute whose purpose it was to require attendance of all children at public schools. In Zorach v. Clauson, the Court upheld the validity of a New York statute that permitted public schools to release children for one hour weekly to receive religious …
Revision Of The United Nations Charter: A Study Of Various Approaches, Richard F. Scott
Revision Of The United Nations Charter: A Study Of Various Approaches, Richard F. Scott
Michigan Law Review
Although the United Nations Charter has survived rigorous tests of practice and application, all will doubtless agree that it should now undergo careful review if not thorough revision. Review in moderate terms is a matter of continuous international process, the Charter's structures and rules being regularly applied to the situations of everyday international life. As the necessary precondition to revision, however, the Charter will be subjected to a more deliberate, systematic, and searching review before concrete proposals for revision reach a competent international authority. Thus review is at once exploratory and promising. But revision is much more.
Product Competition In The Relevant Market Under The Sherman Act, David Macdonald
Product Competition In The Relevant Market Under The Sherman Act, David Macdonald
Michigan Law Review
The correct delimitation of the relevant market is the problem to be examined here. First the legal development of market concepts will be traced. Then, with the objective of coalescing the legal and economic concepts of .the market, a test will be proposed with which to measure the correct market in any given case.
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Securities - Sufficiency Of The Property Description And Its Relations To The Notice Provided By A Recorded Chattel Mortgage, Judson M. Werbelow S.Ed.
Michigan Law Review
The primary aims of this comment are to point out what the law requires in the nature of description, to analyze the value of these requirements in the light of the recording acts, to examine possible alternative security devices, and to suggest some useful steps that may be taken to augment the present system.
Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.
Constitutional Law - Due Process - Enforced Collection Of State Use Tax From Nonresident Vendor, John Leddy S.Ed.
Michigan Law Review
Appellant is a Delaware corporation engaging in the retail furniture business in Delaware. It has no place of business in Maryland, nor does it solicit orders in that state. It does not accept mail or phone orders from Maryland, nor does it advertise in any Maryland publications. The only contacts which the appellant has with Maryland customers, aside from direct dealings at appellant's retail store, are occasional direct mail advertisements, which it sends to all of its customers wherever located, and deliveries of goods purchased by Maryland customers. These deliveries are either made by commercial carrier or by appellant's own …
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Negligence - Duties Of Railroad - Landowner Toward Frequent Trespasser - Limitations On Rights Of Trespasser, William D. Keeler S.Ed.
Michigan Law Review
The duties of a landowner toward one who enters the land without consent may no longer be determined, in many cases, by merely stating the fact that the intruder is a trespasser whose presence is unknown to the landowner. This comment will discuss an area in which the relationship of landowner and trespasser inter se has been greatly altered, and will deal in particular with a class of cases which serve to limit the expanded rights of the trespasser.
Banks And Banking - Validity Of Exculpatory Clauses In Stop-Payment Orders, Lawrence N. Ravick S.Ed.
Banks And Banking - Validity Of Exculpatory Clauses In Stop-Payment Orders, Lawrence N. Ravick S.Ed.
Michigan Law Review
Plaintiff, a depositor in defendant commercial bank, in seeking to stop payment of his check, executed and left with the bank a printed form supplied by the bank, entitled ''Request to Stop Payment of Check." Among the terms of the paper was a provision which constituted a release of the bank from all liability should it pay the check through "inadvertence, accident or oversight." The bank subsequently honored the check and charged its amount against the plaintiff's account. Plaintiff demanded that the defendant refund this amount, but the defendant refused to do so. Plaintiff thereupon brought an action against the …
Descent And Distribution - Distribution To A Nonresident Alien Prevented By State Staute, Eugene Alkema S.Ed.
Descent And Distribution - Distribution To A Nonresident Alien Prevented By State Staute, Eugene Alkema S.Ed.
Michigan Law Review
Decedent's sole heirs were residents of Poland. By virtue of a power of attorney executed and authenticated in Poland, the Polish consul general intervened to receive their distributive shares. A Massachusetts statute provided that a court may order the distributive share to be deposited for the benefit of nonresidents when it appears that they "may not receive or have opportunity to obtain" such money. Held, the distributive shares must be kept in Massachusetts as it is uncertain that residents of Poland presently could have full benefit of the funds if transmitted. Petition of Mazurowski, (Mass. 1954) 116 N.E. …
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.
Michigan Law Review
ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Civil Procedure - Venue - Forum Non-Conveniens, Richard S. Weinstein S.Ed.
Michigan Law Review
Plaintiff, an Indiana corporation not authorized to do business in New York, brought an action in New York, aided by attachment, against Indiana residents on a contract that was made, was to be performed, and allegedly was breached in Indiana. On the basis of the doctrine of forum non conveniens the defendants moved to vacate the warrant of attachment and to dismiss the complaint. The lower court denied the motion. On appeal, held, reversed. Under the doctrine of forum non conveniens, the lower court should have exercised its discretion to refuse to entertain the action. Central Pub. Co. vs. …
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Michigan Law Review
Plaintiffs purchased tracts of twenty acres, part of a larger tract owned by the defendant, for the purpose of developing the tracts into small citrus groves. Plaintiffs also executed with defendant a care and management contract, whereby plaintiff was to give directions as to the marketing of the crops on the tract; the defendant management company was to follow these directions but would still supervise harvesting and marketing and would receive its compensation therefor. Plaintiff brought an action under the Securities Act of 1933 to impose civil liability for fraudulent misrepresentations and material omissions concerning the value of the land. …
Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.
Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.
Michigan Law Review
In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff applied to the defendant finance company for a loan of $100. The lender agreed to advance this amount and accordingly required the plaintiff to execute a note in the sum of $114.04 payable in one year and secured by a chattel mortgage on an automobile, but insisted in addition that plaintiff purchase an investment certificate in the amount of the note, issued by the defendant company and bearing percent interest, which certificate was to be paid for in twelve monthly instalments. Contending that the interest thus exacted was usurious, the plaintiff brought suit for cancellation of the note and …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
The index embraces material published since the last issue of this Review.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Appellant express company, a Delaware corporation, did only interstate business within the state of Virginia. Virginia levied a state tax on intangible personal property and money owned by express companies doing business within the state, and set off their real estate and tangible personal property for local levies. In addition to the property tax, the Virginia statute provided for an "annual license tax . . . for the privilege of doing business in this State." The tax was "equal to two and three-twentieths per centum upon the gross receipts . . . earned in this State on business passing through, …
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Michigan Law Review
In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Michigan Law Review
The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Michigan Law Review
With one exception the cases decided in the federal courts under the Federal Rules of Civil Procedure have held that the plaintiff is free to plead a counterclaim in the reply, although in every instance the counterclaim in the reply under consideration was one related to the subject matter of the counterclaim pleaded in the defendant's answer.
Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi
Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi
Michigan Law Review
This comment will deal solely with the last two forms of discrimination prohibited by sections 2(d) and (e) of the Robinson-Patman Act, and will attempt to illustrate the present state of the law and offer a possible alternative construction and method of implementation of these sections. A recent ruling of the FTC in a group of cases appears to be significant with respect to controversial aspects of sections 2(d) and (e), and indicative of the present attitude of the Commission in the search for an adequate standard by which honest businessmen may keep within the confines of the law. These …
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Michigan Law Review
Criticisms which can be focused on our thermonuclear program arise primarily from human factors and not from past or present legislative silence. Nevertheless, our atomic energy legislation can suitably attempt to maximize the opportunities for achieving thermonuclear objectives and to minimize the chances of misjudgment in administration of the law. It is the special responsibility of lawyers that the law adequately recognize and implement so important a field as thermonuclear energy, or that it fail in these respects. The following discussion approaches atomic energy legislation from the new but necessary perspective of the thermonuclear program.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Michigan Law Review
In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …