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Articles 4861 - 4890 of 8432
Full-Text Articles in Entire DC Network
Corporations-Securities Exchange Act Of 1934-Equitable Principles As A Bar To Short Swing Recovery Under Section 16(B), Edward D. Goldstein S. Ed.
Corporations-Securities Exchange Act Of 1934-Equitable Principles As A Bar To Short Swing Recovery Under Section 16(B), Edward D. Goldstein S. Ed.
Michigan Law Review
Plaintiff corporation, after receiving authority from the Corporation Commissioner of California, gave to its key employees including defendants ( who were officers of the corporation) options to purchase certain stock of the plaintiff. The plan originated with the president of the corporation and the agreement took place at a time when the stock was unlisted. At no time subsequent to the stock being listed on a stock exchange did the plaintiff advise defendants of the short swing-requirements that arose from listing. Plaintiff's purpose in granting the option was to retain the services of its key employees and to induce these …
Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed.
Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed.
Michigan Law Review
Petitioner and her husband separated in January 1919 after marital difficulties. The following sequence of events transpired in the next four months: the husband employed detectives to follow his wife and discover evidence on which a divorce action could be predicated; petitioner instituted proceedings for legal separation; a separation agreement was executed under which the husband was to give petitioner an initial payment of $200,000 and subsequent annual payments of $30,000 for her life; the husband began a suit for divorce to which petitioner counterclaimed for a divorce; a divorce was decreed in favor of petitioner. Petitioner did not ask …
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Michigan Law Review
A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in leading law reviews.
Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke
Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke
Michigan Law Review
In 1947, North Dakota enacted legislation providing that one who recovers a judgment in an action for damages for personal injuries or death resulting from the operation of a motor vehicle and who cannot execute the judgment because of the defendants' inability to pay and lack of property, may receive payment from the state unsatisfied judgment fund upon application to the court and assignment of the judgment to the state. The fund was created, and is to be maintained, by a special assessment on motor vehicle owners. 1951 North Dakota legislation provides that any person who has a cause of …
The Law Review-Its First Fifty Years, E. Blythe Stason
The Law Review-Its First Fifty Years, E. Blythe Stason
Michigan Law Review
A memorial issue commemorating fifty years of the Michigan Law Review would not be complete without at least a brief glance at some of the historical record.
Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim
Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim
Michigan Law Review
The year 1952 finds various currents of controversy in the antitrust field converging toward the necessity for a survey and reappraisal of the body of congressional legislation generally known as the "federal antitrust laws." The foundation stone in the trio of principal antitrust statutes is the Sherman Act of 1890. Section 5 of the Federal Trade Commission Act and the Clayton Act of 1914, as amended, are the other two members of this major group of antimonopoly laws. While differing in particulars in its impact upon the American economy, each of these basic statutes is avowedly designed to maintain competition …
Ten Probate Codes, Lewis M. Simes
Ten Probate Codes, Lewis M. Simes
Michigan Law Review
It is the purpose of this article to summarize some of the most important aspects of these codes for the purpose of indicating legislative trends. For the most part, they will be discussed in the chronological order of their enactment. While some of them deal with many other matters besides the law of decedents' estates, such as guardianships and testamentary trusts, this discussion will be limited to the substantive and procedural law of decedents' estates, exclusive of matters of ancillary administration.
Trends In Modern Corporation Legislation, Kenneth K. Luce
Trends In Modern Corporation Legislation, Kenneth K. Luce
Michigan Law Review
Any discussion of trends and developments in modem corporation legislation must assume some understanding of the historical antecedents of that legislation and the judicial approach to its interpretation. As a practical matter the outline of modern legislation has emerged within the memory of living men, but "in order to know what it is, we must know what it has been, and what it tends to become." The state is less concerned today than long ago about the corporation becoming a state within the state and usurping political power, although such concern could and does evidence itself from time to time. …
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Michigan Law Review
The recent decision of the Supreme Court in the case of Zorach v. Clauson affirms the constitutionality of the New York City program for releasing pupils from public schools so that they may attend religious education classes held outside of school property. The pupils are released upon the written request of their parents, and those not released from school remain in their classrooms. Regulations under which the program is conducted prohibit comment by school officials on attendance. Plaintiffs, who were taxpayers and parents of children attending the public schools, unsuccessfully contended that the program was a violation of the First …
Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith
Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith
Michigan Law Review
It is common knowledge that dramatic and almost revolutionary developments have taken place in labor law since the turn of the century. Indeed, "labor law" has only during this period achieved the distinction of a recognized branch of the law. Concurrently, trade unions have experienced an amazing growth, as well as changes in basic structure, and it may fairly be stated that the enlargement of the pertinent body of law has both stimulated and been influenced by the augmentation of union power. This article is intended as a survey of significant developments in the law, not as a treatment of …
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Michigan Law Review
It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
Michigan Law Review
The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.
Municipal Corporations-Power Of The Municipality To Expend Public Funds For Municipal Advertising, William A. Bain, Jr.
Municipal Corporations-Power Of The Municipality To Expend Public Funds For Municipal Advertising, William A. Bain, Jr.
Michigan Law Review
A statute allowed any city to set aside a certain amount annually from the general tax fund, which money might be expended under the direction and control of the city council for the purpose of aiding and encouraging the location of industry and other purposes which would increase the population, taxable property, and business prospects of the city. The Burlington City Council appropriated $2,000 to the Chamber of Commerce, a private non-profit corporation, which was organized for the purpose of advancing the commercial, civic, industrial, and monetary interests of the city. No specification was, made as to use, and the …
Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr
Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr
Michigan Law Review
The plaintiff, a nonresident of Ohio, brought an action in Ohio against the defendant, a sociedad anonima organized under the laws of the Philippine Islands, on claims which neither arose in Ohio nor were connected with the defendant's activities in Ohio. Defendant's president, who was also its general manager and principal stockholder, had returned to his home in Ohio when the company's mining operations were suspended by the Japanese occupation of the Philippines. During the war years, he conducted such business as was possible in Ohio, holding directors' meetings, carrying on correspondence, maintaining bank accounts, but the defendant did not …
Monthly Periodical Index, Michigan Law Review
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.
Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall
Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall
Michigan Law Review
If it can be said that trade-mark rights are, in fact, monopoly rights, it must be added that they are monopoly rights justified in the same way that one's own particular physiognomy is a monopoly or one's rights enumerated in the first ten amendments to the Constitution are individual monopolies.
Legal Fraternities, Kenneth H. York
Legal Fraternities, Kenneth H. York
Michigan Law Review
No exact computation of the number of practicing attorneys who are members of legal fraternities is available. However, well over 120,000 law students have in the past 82 years affiliated with a legal fraternity-no account being taken of the numbers belonging to purely local societies. Since the great majority of these individuals have entered into the practice, it is apparent that the Survey of the Legal Profession would not be exhaustive without some reference to such organizations. Professional Greek-letter fraternities now exist in practically all conceivable fields from Animal Husbandry to Textile Arts. Their legal counterpart furnished the model.
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Michigan Law Review
ln a suit on a negotiable instrument, a problem arises as to just how many places can claim valid jurisdiction. Thus, where the domiciles of the parties to a negotiable instrument are diverse, there are several jurisdictional possibilities. For example, with regard to a negotiable bearer bond it may be said that there is sufficient contact with the parties and/or the property (1) at the place where it was issued, (2) at the present location of the certificate of indebtedness, (3) at the location of the debtor corporation's office or principal place of business, or (4) in the state of …
Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell
Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell
Michigan Law Review
With the incidence of high personal surtax rates, a patentee is ordinarily interested in deriving the greatest monetary return after taxes, measured in proportion to the extent of use over what he expects to be the increasingly productive life of the intangible right evidenced by his patent, without surrendering his option to reclaim the patent in event of insolvency or lack of diligence on the part of the person to whom he transfers the patent for exploitation. Although ideal for these purposes, the favorable capital gain status under section 117(a) of the Internal Revenue Code, requiring recognition of only fifty …
The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.
The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.
Michigan Law Review
This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.
The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler
The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler
Michigan Law Review
The Uniform Code of Military Justice, designed to govern the entire military establishment of the United States, was enacted May 5, 1950, replacing the three separate systems of law theretofore applied to the Army, Navy, and Air Force. Pressure for a uniform code was a reflection of the great surge toward unification of the Armed Services which followed World War II. The new Code, however, is not just a revision and consolidation of the prior systems of military law. World War II, with its great increase in the size of the Armed Services and in the percentage of the population …
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Michigan Law Review
Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …
Taxation-Federal Income Tax-Deductibility Of Contributions To Profit-Sharing Trusts, W. H. Bates S.Ed.
Taxation-Federal Income Tax-Deductibility Of Contributions To Profit-Sharing Trusts, W. H. Bates S.Ed.
Michigan Law Review
Plaintiff corporation set up a profit sharing trust for the benefit of its employees as authorized under section 165(a) of the Internal Revenue Code. The plan for the trust, as approved by the Treasury, provided that plaintiff should contribute annually an amount equal to 15 % of net income, as defined, not to exceed 15% of basic salary or wages of all eligible participating employees. For the tax year 1944 plaintiff claimed deductions under section 23(p)(1)(C) for an amount equal to 15% of the total participating payroll, which is actually the allowable maximum, but which in this case exceeded 15% …
Personal Property-Gifts-Beneficiary's Letter Directing Trustee To Transfer Accumulated Income As A Gift, Wendell B. Will S.Ed.
Personal Property-Gifts-Beneficiary's Letter Directing Trustee To Transfer Accumulated Income As A Gift, Wendell B. Will S.Ed.
Michigan Law Review
The donor was entitled to the income of a trust for her life. Income in the amount of $9,000 had accrued in the hands of the trustee and was subject to the immediate call of the donor. While a resident of Spain, the donor wrote a letter addressed to the trustee in New York reciting that she was in poor physical condition and desirous of distributing her American money. The letter directed the trustee to transfer the accumulated income to the donee. Because of troubles with the Spanish Government the donor did not wish to mail the letter directly to …
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Real Property-Licenses-Revocability Of Parol Licenses Which Have Been Acted Upon, Charles E. Oldfather
Michigan Law Review
Plaintiff, operator of a boat company, owned land adjoining a river. X held land between that of the plaintiff and a county road. Plaintiff, seeking to secure a way from his property to the county road, offered by letter to purchase forty acres from X, and upon refusal, attempted to buy a forty foot strip, which was again refused. There was further correspondence, in which the parties referred to an "easement" or a "right of way," which terminated in a letter from X saying: ''From the standpoint of this company, there will be no objection to you building a …
Torts-False Imprisonment-Public Nuisance-Liability For Double Parking, James I. Huston S.Ed.
Torts-False Imprisonment-Public Nuisance-Liability For Double Parking, James I. Huston S.Ed.
Michigan Law Review
Defendant had unlawfully double parked his car, thereby blocking plaintiffs' car which was parked at the curb. Plaintiffs sued for $25, alleging only discomfort and inconvenience as their damage. Defendant moved for judgment on the pleading. Held, the complaint states a good cause of action on a public nuisance theory. Harnik v. Levine, Municipal Court of City of New York, 106 N.Y.S. (2d) 460 (1951).
Monthly Periodical Index, Michigan Law Review
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.
Wills-Integration, Robert L. Sandblom S.Ed.
Wills-Integration, Robert L. Sandblom S.Ed.
Michigan Law Review
The requirement of formal attestation in the English Statute of Frauds of 1678 and the Statute of Wills of 1837 gave rise for the first time to the necessity of placing all testamentary dispositions in a single document. Prior to these statutes, all that had been necessary was that wills be in writing and exhibit the testamentary intent of the author. Therefore, plural writings, however inconsistent or fragmentary they might have been, were necessarily parts of the will to be given effect. No rules for integration were needed under such loose requirements of execution. Attestation under the Statute of Frauds …