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Articles 5071 - 5100 of 8432
Full-Text Articles in Entire DC Network
Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.
Corporations-Stockholder's Suit To Compel Declaration Of Dividends- Necessity Of Directors As Parties, Daniel A. Isaacson S.Ed.
Michigan Law Review
Plaintiff, a citizen of New York and the owner of some preferred stock in the defendant Delaware corporation, brought a class action against the corporation in a federal district court in Pennsylvania to compel the declaration and payment of dividends on the preferred stock, alleging that the directors had acted in had faith in violation of their duties as fiduciaries. Defendant's articles of incorporation provided that the preferred stock was entitled to receive dividends "when and as declared by the Board of Directors"; the by-laws permitted a majority of the hoard to constitute a quorum for purposes of transacting business. …
The Taxable Income Of Cooperatives, Roswell Magill, Allen H. Merrill
The Taxable Income Of Cooperatives, Roswell Magill, Allen H. Merrill
Michigan Law Review
This article is a study of the exemption in section 101(12) of "farmers', fruit growers', or like associations organized and operated on a cooperative basis"; and, in particular, of the taxability of the income of such corporations. The basic question is, What is the taxable income of a cooperative, in the absence of statutory exemption or exemption by administrative ruling? Do such business corporations have an income from their businesses which in these days of revenue stringency should be taxed as other business income must be taxed?
Future Interests-Rule Against Perpetuities-Vesting Of Residuary Estate In Trustee For Charity Subject To A Condition Precedent, Edward W. Rothe S.Ed.
Future Interests-Rule Against Perpetuities-Vesting Of Residuary Estate In Trustee For Charity Subject To A Condition Precedent, Edward W. Rothe S.Ed.
Michigan Law Review
The will of testatrix provided: after the payment of debts and legacies, "I give, devise and bequeath" the residue of my estate to a charitable foundation. Held, the provision for payment of debts and legacies refers only to the quantum of estate the trustee will take and not to the time when his title vests in interest; it constitutes no condition precedent to the vesting of title in the trustee for charity. Therefore, the rule against perpetuities, which applies only to remoteness of vesting and not to postponement of possession and enjoyment, has no application. The fact that debts …
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Municipal Corporations - Rescission By Electorate Of Approval To Issue Bonds - Use Of Referendum Power To Prevent Action By The Majority, Robert P. Griffin S.Ed.
Michigan Law Review
At their annual meeting, the voters of a Vermont city approved the issuance of municipal bonds to finance erection of a sewage disposal plant. Before further action was taken, a group of citizens, acting in accordance with a charter provision, presented the mayor with a petition containing one hundred signatures which demanded that a special meeting he called to vote on a proposal to rescind the approval previously given. The voters refused to rescind. Twice thereafter petitions were filed with the mayor asking that special meetings be called to reconsider the question, but on each of these occasions the petitions …
Judgments-Effect Of A Recital Of Jurisdiction In A Foreign Judgment Record, James F. Gordy S.Ed.
Judgments-Effect Of A Recital Of Jurisdiction In A Foreign Judgment Record, James F. Gordy S.Ed.
Michigan Law Review
Plaintiff brought an action in the District of Columbia on a Maryland default judgment, offering in evidence the docket entries wherein there was a recital of personal jurisdiction by virtue of a constable's return of summons. Defendant attacked the Maryland judgment on the ground of lack of jurisdiction over the person, testifying and offering evidence, vague and conflicting, but tending to show that he had no notice of the action or judgment until the present suit. Plaintiff testified to the contrary and advanced certain facts to indicate that defendant had been served and had secured several continuances in the prior …
Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Negligence-Proximate Cause-Foreseeability Of Negligent Intervening Act, Lewis R. Williams, Jr. S.Ed.
Michigan Law Review
Plaintiff's intestate purchased from Montgomery Ward & Company a gas water heater which had been manufactured by a third party. The heater was installed by defendant Rulane Gas Company. It worked satisfactorily for fourteen months until the flame went out due to unknown causes. Deceased notified the defendant, and sixteen hours later it sent a repairman to investigate the trouble. He descended to the basement with deceased and struck a match in disregard of a warning not to do so. An explosion followed in which both deceased and the repairman were killed. Investigation showed that the "automatic cut-off" valve was …
Taxation-Income Tax-Deductions For Expenses Of Army Officer, Daniel A. Isaacson S.Ed.
Taxation-Income Tax-Deductions For Expenses Of Army Officer, Daniel A. Isaacson S.Ed.
Michigan Law Review
Respondent, having had experience as an executive of a large machine tool distributing company, went to Washington, D.C. in 1942 at the request of the Ordnance Department of the United States Army to assist in the efficient distribution of machine tools, serving in a civilian capacity without compensation. During the year, he was commissioned in the army, attaining the rank of Lieutenant Colonel, and was assigned to the Army & Navy Munitions Board as Ordnance Officer, in which capacity he had to keep in contact with manufacturers of production equipment as well as with various government agencies. In his income …
Taxation-Stock Dividends As Income, Joseph G. Egan S.Ed.
Taxation-Stock Dividends As Income, Joseph G. Egan S.Ed.
Michigan Law Review
X corporation had two classes of stock outstanding. The Class A stock was a preferred stock entitled to cumulative dividends and a liquidation preference. The Class B stock was a non-voting stock, entitled to an annual $2 dividend after payment of the dividend on the preferred. Both classes were entitled to participate equally (on a pro rata basis) in any dividends in excess of the two mentioned above. The corporation declared a stock dividend, entitling each Class A holder to one-half share of Class A stock for each share presently held, and each Class B holder to one-half share of …
Bowen: John Adams And The American Revolution, Michigan Law Review
Bowen: John Adams And The American Revolution, Michigan Law Review
Michigan Law Review
A Review of JOHN ADAMS AND THE AMERICAN REVOLUTION. By Catherine Drinker Bowen.
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.
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Michigan Law Review
This article is the seventh chapter of a book, Survey of Metropolitan Courts: Detroit Area, which is being published this year by the Michigan Legal Series. It was prepared by this writer as a Research Associate in the employ of the Law School of the University of Michigan, under the supervising editorship of Professor Edson R. Sunderland. The study was undertaken at the request of the Committee on Judicial Administration in Metropolitan Trial Courts, appointed by the Section on Judicial Administration of the American Bar Association, of which committee Ira W. Jayne, Presiding Judge of the Circuit Court of …
The Study Of Jurisprudence-A Letter To A Hostile Student, Samuel Mermin
The Study Of Jurisprudence-A Letter To A Hostile Student, Samuel Mermin
Michigan Law Review
The value to the law student of a course in jurisprudence has long been a question mark-and to the teachers as well as the students. The students have not been prompted by self-interest, as the teachers have, to come up with plausible erasures of the question mark. Most students, as you did, find the course esoteric, murky and impractical. The teachers, however, many of whom are mercifully unaware of the student reaction, have found sufficient justification for the course on various grounds which I think I can briefly summarize.
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Some Problems In Federal Question Jurisdiction, George B. Fraser, Jr.
Michigan Law Review
Congress has given the federal district courts original and removal jurisdiction of all civil actions arising under the Constitution or laws of the United States, but the power of these courts to hear such cases has been restricted by the Supreme Court of the United States. The Supreme Court holds that the district courts have jurisdiction of a case if a federal question is raised in the complaint, but jurisdiction cannot be based on a federal question in the answer. This means that the district courts are closed to many cases that involve a substantial federal issue, while many cases …
Corporations-Right Of Corporation To Pay Dividends To Common Shareholders To Equalize Prior Wrongful Payment To Preferred Shareholders, Theodore Sachs S.Ed.
Corporations-Right Of Corporation To Pay Dividends To Common Shareholders To Equalize Prior Wrongful Payment To Preferred Shareholders, Theodore Sachs S.Ed.
Michigan Law Review
As a general proposition, payment of dividends may be made only out of surplus and not out of the capital stock of a corporation. Though the cases evidence considerable confusion as to the meaning of "surplus" and "capital," it is clear that these terms do not indicate a res. Rather, they are convenient designations for legislatively prescribed limits as to when dividend payments are proper. The capital stock rule, that the aggregate consideration received for no par stock plus the aggregate value of issued par stock may not be tapped for shareholder distribution, is founded, loosely speaking, on the notion …
Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed.
Probate-Recent Statutes-"Streamlining'' The Administration Of Small Estates, Joseph Gricar S.Ed.
Michigan Law Review
One by-product of the research leading to the drafting of the Model Probate Code is a monograph by Professor Paul E. Basye which contains a complete survey of the statutes which simplify or eliminate the regular administration of estates. One portion of the monograph is devoted to statutes which provide methods for the administration of small estates. Since the publication of the monograph, there have been a number of statutes enacted which continue· the trend toward a "streamlined" administration of small estates; with these recent statutes this comment is concerned. Statutes which simplify or eliminate administration but which are not …
Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed.
Appeal And Error-Significance Of Denial Of Certiorari As Precedent By United States Supreme Court, Edward W. Rothe S.Ed.
Michigan Law Review
Respondents were found guilty of contempt of court for broadcasting dispatches concerning a person about to be tried on a charge of murder. The convictions were reversed on constitutional grounds by the Court of Appeals of Maryland, relying upon certain decisions of the United States Supreme Court. The state sought a writ of certiorari on the ground that the Maryland court had misconceived the rulings of the Supreme Court. Although the application for certiorari was denied, Justice Frankfurter took occasion to write an opinion stating that the denial of the writ meant only that fewer than four members of the …
Bills And Notes-The Meaning Of "Next Business Day", Richard B. Gushée S.Ed.
Bills And Notes-The Meaning Of "Next Business Day", Richard B. Gushée S.Ed.
Michigan Law Review
Two checks, payable to the plaintiff, were forwarded to the defendant drawee for payment on February 13, 1949. After the close of banking hours on February 14, the defendant telegraphed the presenting bank advising that it would not pay the checks. The applicable Illinois statute allowed banks until the end of the "next business day" following the day of presentation to decide whether or not they would pay checks. The plaintiff argued that "business" qualified "day" and that defendant therefore should have indicated its decision within business hours on the day following the day of presentation, and that since it …
International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.
International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.
Michigan Law Review
Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …
Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed.
Constitutional Law-Fourth Amendment-Search Without A Warrant Incident To Arrest, G. B. Myers S.Ed.
Michigan Law Review
Respondent was convicted of selling and of possessing and concealing forged and altered stamps of the United States with intent to defraud. The primary evidence of "possessing and concealing" consisted of numerous forged and altered stamps taken from respondent's one room office by Federal officers immediately after his arrest. The stamps were the product of a one and one-half hour search of the desk, safe and file cabinets in the office. The officers, though without a search warrant for the premises, made the arrest pursuant to a valid warrant. Respondent protested the search, and this protest was renewed by motions …
Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.
Constitutional Law- Sixth Amendment-Impartial Jury-Government Employees On Jury When Government Is Party, G. B. Myers S.Ed.
Michigan Law Review
Petitioner, General Secretary of the Communist Party in the United States, was convicted of contempt of Congress after he failed to obey a subpoena of the Committee on Un-American Activities of the House of Representatives. At the trial counsel for the petitioner during voir dire examination inquired as to the employment of each prospective juror, and challenged all Government employees for cause. Counsel argued that because of the "Loyalty Order" and other security investigations taking place in Washington, Government employees would be afraid to risk the possible consequences of an acquittal and were therefore subject to implied bias. The challenge …
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Michigan Law Review
Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Labor Law--Federal-State Relations--Validity Of Michigan's Labor Mediation Act, R. L. Storms S.Ed.
Michigan Law Review
Plaintiff labor union called a strike against defendant auto corporation in May, 1948, without conforming to the prescribed state procedure. The purpose of the strike was to enforce demands for higher wages and the strike was conducted peacefully. To enjoin possible criminal prosecution the union instituted the instant suit in the state courts, contending that the Michigan labor mediation law, the much publicized "Bonine-Tripp Act," violated the due process and commerce clauses of the Federal Constitution. The Michigan Supreme Court reversed the decision of the trial court which had granted the injunction. On appeal, held, reversed. Congress has occupied …
Lieberman: Unions Before The Bar, Michigan Law Review
Lieberman: Unions Before The Bar, Michigan Law Review
Michigan Law Review
A review of UNIONS BEFORE THE BAR. By Elias Lieberman.
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.
Freund: On Understanding The Supreme Court., Michigan Law Review
Freund: On Understanding The Supreme Court., Michigan Law Review
Michigan Law Review
A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.
Soviet Socialism And Due Process Of Law, John N. Hazard
Soviet Socialism And Due Process Of Law, John N. Hazard
Michigan Law Review
An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …
The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith
The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith
Michigan Law Review
The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any …
Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.
Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.
Michigan Law Review
The Federal Administrative Procedure Act received its first thorough consideration by the Supreme Court in the recent case of Wong Yang Sung v. McGrath. The Court held that deportation proceedings must conform to section 5, which provides for notice, opportunity for a hearing, separation of prosecution and quasi-judicial functions, and the issuance of declaratory orders by the agency, and to section 11, which prescribes an independent status for presiding officers. The scope of section 5 is limited to administrative adjudications "required by statute to be determined on the record after opportunity for an agency hearing." There is no specific requirement …
Corporations-Theory Of Organizational Franchise Taxation- Michigan Franchise Tax, Charles Hansen S.Ed.
Corporations-Theory Of Organizational Franchise Taxation- Michigan Franchise Tax, Charles Hansen S.Ed.
Michigan Law Review
The present inquiry, besides delving into the nature of corporate organizational franchise taxation, will also seek to arrive at a logical theoretical basis for two of the more common types of such levies, and will conclude by examining the pertinent Michigan statutes in the light of such theories.
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Judgments - Double Jeopardy - Res Judicata - Effect Of Prior Conviction Or Acquittal On Subsequent Suit For Statutory Penalty Or Forfeiture, Edward W. Rothe S.Ed.
Michigan Law Review
The case of United States v. One De Soto Sedan has again focused attention on some of the perplexing problems raised by the statutory imposition of both criminal and civil sanctions for the same wrongful act. The court held that an acquittal in a criminal prosecution for possessing liquor on which no federal tax had been paid was a bar to a civil in rem proceeding to forfeit claimant's car as having been used in the removal, deposit and concealment of the same liquor with intent to defraud the United States of taxes. Since the two proceedings involved the same …