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Articles 5131 - 5160 of 8432
Full-Text Articles in Entire DC Network
Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.
Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.
Michigan Law Review
Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.
Mr. Justice Murphy And Civil Rights, Thurgood Marshall
Mr. Justice Murphy And Civil Rights, Thurgood Marshall
Michigan Law Review
There is constant danger that the unpopularity of an individual, or of the group of which he is a member, will be reflected in dealings with his rights by his neighbors or by the organized community. In America today this bias is most likely to stern from differences of race, origin, nationality, or religious or political belief. Prejudice may victimize an entire group or any of its members. Any charge of shocking or anti-social conduct against one who is already thus unpopular increases the likelihood of unfair treatment. Not only private citizens, but legislators, judges and administrative officers of government …
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
Michigan Law Review
When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …
The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau
The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau
Michigan Law Review
The rule of clear and present danger originated in 1919 in an attempt by Mr. Justice Holmes to formulate a principle for the limitation of liberty with a conscious, intelligent weighing of the opposed societal interests. In the Schenck case, the societal and individual interest in freedom of expression clashed with the societal interest in defense of the state. In conflicts of this kind the criterion has had its most frequent application. The societal interest in preservation of the state was adequately protected by application of the test in prosecutions arising under the Espionage Act of 1917, although Mr. Justice …
Federal Estate And Gift Taxation-Adequacy Of Consideration In Transfers Connected With Divorce Proceedings Or Separation Agreements, Joseph G. Egan S.Ed.
Federal Estate And Gift Taxation-Adequacy Of Consideration In Transfers Connected With Divorce Proceedings Or Separation Agreements, Joseph G. Egan S.Ed.
Michigan Law Review
Today it is common procedure for a husband and wife, contemplating divorce or separation, to make an advance agreement concerning alimony and division of their property. Often this agreement will be adopted by the court in its decree of separation or divorce. It is the purpose of this comment to discuss the estate and gift tax consequences of such agreements. In order to understand properly the problems which have come up in connection with gift tax liability, it is necessary first to chart out the path taken under the estate tax.
International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.
International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.
Michigan Law Review
The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
The Intent Element In Contempt Of Injunctions, Decrees And Court Orders, Edward W. Rothe S.Ed.
Michigan Law Review
Recent years have seen increasing effort on the part of courts to distinguish between civil and criminal contempts. This effort has been engendered by an awareness of the different procedural and substantive aspects of the two classifications. A discussion of these aspects, as well as of the tests used to distinguish civil and criminal contempts, is beyond the scope of this paper. Suffice it to say that those tests which have been applied leave much to be desired. The lack of clarity, so evident in prevailing tests, is in part a legacy from early decisions which permitted the two types …
Corporations-Validity Of By-Law Requiring Assent Of All Or Proportion Of Shareholders Greater Than Majority For Action, Alan C. Boyd
Corporations-Validity Of By-Law Requiring Assent Of All Or Proportion Of Shareholders Greater Than Majority For Action, Alan C. Boyd
Michigan Law Review
The defendants, employees of the plaintiff corporation, were discharged by the president, who was empowered under the by-laws to appoint, remove, employ and discharge, and fix the compensation of, all employees of the corporation, subject to the approval of the board of directors. A majority of the directors and the holders of a majority of the shares were in agreement that the defendants should be discharged. The defendants refused to leave the premises, took possession of certain of the corporate books and records, and otherwise interfered with the conduct of the business, claiming that their discharge was ineffective because it …
Equity-Financial Liability To Comply With A Decree-Imprisonment For Debt, Paul M.D. Harrison
Equity-Financial Liability To Comply With A Decree-Imprisonment For Debt, Paul M.D. Harrison
Michigan Law Review
Testator provided that a charge amounting to $16,000 was to be made on certain devised land and that a $5,000 legacy was to be paid to plaintiff educational institution from this sum. Defendant executors reported to the court, in 1921, that the charge had been collected and that the $5,000 legacy for plaintiff had been received. The court ordered them to hold the money in trust until plaintiff might qualify to take it. Actually, as shown by the executor's final report of 1941, no part of the $5,000 had been collected and all the money in the estate had been …
International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.
International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.
Michigan Law Review
Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Municipal Corporations-Zoning-Right Of Grantee To Act On Variance Issued To His Grantor, Herbert N. Weingarten
Michigan Law Review
A zoning ordinance prohibited the erection of private garages within twenty feet of the street line. Because of the peculiar shape of the lot in question, a variance was granted to the then owner permitting the building of a garage closer to the street line. However, before the garage was built, the land was sold to the present owner who obtained a building permit and began construction. Plaintiffs, owners of the adjoining lot, objected to the granting of the permit and appealed to the zoning board of review which denied their appeal. On certiorari, held, present owner might act …
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Trusts-Spendthrift Trusts-Restrictions On Alienation As A Constitutionally Protected Property Right Of The Donor, Thomas Hartwell
Michigan Law Review
The beneficiary of a spendthrift trust, created in 1921, sought to renounce and terminate her life interest, thereby vesting the fee simple of the trust res in her son, as remainderman, free of the spendthrift provisions. A Pennsylvania statute, passed in 1945, authorized anyone with any interest in real or personal property to disclaim such interest, irrespective of any so-called spendthrift trust provisions. Held, prayer for termination denied on the ground that the statute, as it applied to spendthrift trusts created before its passage, was a violation of the donor-settlor's property rights under the Pennsylvania Constitution. To allow the …
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.
Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.
Constitutional Law–Due Process–Equal Protection Of The Laws–Anti-"Strike Suit'' Legislation Held Constitutional, Joseph Gricar S.Ed.
Michigan Law Review
Plaintiff brought a derivative suit against the defendant, a Delaware corporation, in a United States district court in New Jersey. While the suit was in process, New Jersey passed a statute permitting a corporation in whose name a suit was brought to demand security for reasonable expenses including attorney fees. The plaintiff stockholder was to be liable for such expenses if the suit was unsuccessful. The statute was not to apply when the complainant's holding represented 5% of the par or stated value of the corporation's outstanding stock or had a value of $50,000. Since the act applied to suits …
Courts--Process--Retroactive Operation Of Statutes Providing For Substituted Service, Robert H. Frick S.Ed.
Courts--Process--Retroactive Operation Of Statutes Providing For Substituted Service, Robert H. Frick S.Ed.
Michigan Law Review
Plaintiff, a stockholder of a South Carolina corporation, commenced a derivative suit against former directors of the corporation by serving a summons and complaint on the Secretary of State of South Carolina. Plaintiff relied on a statute providing that nonresident directors of domestic corporations, by acceptance of election or appointment as directors, should be held to have appointed the Secretary of State their agent for service of process. The statute became effective in May, 1947. Defendants, residents of New Jersey and Maryland, had resigned as directors of the corporation in December, 1946. On appeal from a judgment vacating the service …
Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed.
Trial-Evidence-What May Jury Take To Jury Room To Aid In Deliberation, Richard B. Gushée S.Ed.
Michigan Law Review
Upon the trial of a case under the Texas Workmen's Compensation Act, X-ray photographs, properly authenticated, were introduced in evidence by both parties to the suit. After retiring to deliberate, the jury requested that the X-ray pictures be sent to the jury room for their examination and consideration. This request was granted. Appellant objected on the ground that the pictures were technical and could not be understood by the jury without interpretation. On appeal, held, affirmed. X-ray photographs are "written evidence" and come within the provisions of the Texas Rules of Civil Procedure which provide that the jury may …
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.
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.
Origin And Development Of The Directed Verdict, William Wirt Blume
Origin And Development Of The Directed Verdict, William Wirt Blume
Michigan Law Review
Recent decisions of the Supreme Court of the United States have aroused a new interest in the familiar motion for a directed verdict. In this discussion the writer will undertake a brief examination of the antecedents of the motion, and then will trace its short but significant history.
Corporations-Dividend Rights-Elimination Of Dividend Accumulations By Direct Charter Amendment, Thomas L. Waterbury S.Ed.
Corporations-Dividend Rights-Elimination Of Dividend Accumulations By Direct Charter Amendment, Thomas L. Waterbury S.Ed.
Michigan Law Review
The many recent discussions of the problem of dividend accumulations show that plausible grounds exist for reaching a conclusion in favor of either the minority preferred shareholder who wishes to retain these rights, or the majority preferred and common shareholders who, with the corporate management, desire to eliminate or circumvent them. It is not the purpose of this comment to re-open that controversy, though it may be observed that the current trend of both legislation and decision favors the interests of the latter group. Rather, this discussion assumes that the current trend is the correct view and will examine the …
The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson
The Privy Council And Private Law In The Tudor And Stuart Period: Ii, John P. Dawson
Michigan Law Review
In a previous instalment an attempt was made to describe the main subjects of private litigation dealt with by the English Privy Council under the Tudors and early Stuarts. It was suggested that the subjects were most heterogeneous and that the total volume of such litigation was large. In the present instalment will be discussed, first, the methods used to reduce the volume of private litigation by direct and indirect means; then the powers of coercion possessed by the Privy Council; and finally, its relations to the ordinary courts.
Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed.
Constitutional Law-Congressional Committees-Quorum, G. B. Myers S.Ed.
Michigan Law Review
Petitioner, having testified falsely before a committee of the House of Representatives, was convicted of perjury. On trial, petitioner contested the competency of the committee, maintaining that a quorum must actually be present when the testimony is given. Evidence was offered tending to show that though there was a record quorum at the beginning of the meeting in question, this quorum was not maintained at the time petitioner testified. The trial court agreed that presence of a quorum was essential, but charged, in effect, that this requirement is satisfied by a showing of a record quorum at the outset together …
Corporations-Appraisal Statutes-What Constitutes A Written Objection To Corporate Merger Scheme, Daniel A. Isaacson
Corporations-Appraisal Statutes-What Constitutes A Written Objection To Corporate Merger Scheme, Daniel A. Isaacson
Michigan Law Review
Plaintiff sent a letter to the president of a corporation, in which he held stock, revoking his proxy and stating that he would vote against a proposed merger with defendant corporation. Later, plaintiff demanded payment of the fair value of his shares pursuant to an appraisal statute which so permitted if a stockholder, dissatisfied with a merger plan," . . . objected thereto in writing . . . . " Held, the letter constituted a sufficient written objection for purposes of this statute. Wiswell v. General Waterworks Corporation, (Del. Ch. 1949) 66 A. (2d) 424.
The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson
The Privy Council And Private Law In The Tudor And Stuart Periods: I, John P. Dawson
Michigan Law Review
It has been often said that the sixteenth and early seventeenth centuries in England were pre-eminently the age of conciliar government. The activities of the Tudor Privy Council extended into every phase of national life and were responsible, more than any other single factor, for the effective organization of an English national state. These activities continued under the first two Stuarts, with no break in institutional development, though they widened the gulf between Crown and people and hastened a revolution.
Alternative Pleading: Ii, Roy W. Mcdonald
Alternative Pleading: Ii, Roy W. Mcdonald
Michigan Law Review
In any save the most elementary of litigation, the practicing lawyer frequently encounters difficulty in estimating with confidence, in advance of the trial, what precise fact propositions may be established by the evidence. As a result, he desires to preserve for himself the maximum area in which to maneuver as the testimony unfolds. One device for assuring such flexibility is the use of alternative pleading. The present series of articles undertakes to depict the extent to which the pressure of this common professional experience is reflected in our civil practice.
The Case Of The Forgotten Basis: An Admonition To Victims Of Internal Revenue Code Section 115(G), Richard Katcher
The Case Of The Forgotten Basis: An Admonition To Victims Of Internal Revenue Code Section 115(G), Richard Katcher
Michigan Law Review
It is the purpose of this article to explore the various means available to a victim of section 115(g) for recovering the basis of his cancelled stock and to examine the reasons that may be advanced in support of the conclusion that the victim should be allowed a capital loss deduction measured by the amount of the basis.
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Michigan Law Review
Many businesses today are turning to microfilm to record their essential papers in an effort to achieve ease and economy of operation through a reduction in storage requirements. Sixteen hundred pages of letter-press, transcripts or manuscripts can be reproduced on 100 feet of 35 mm. film to make a roll three inches in diameter. This is the equivalent of four thousand sheets of standard foolscap paper. Further illustrating the space savings is the fact that, on an average, the contents of 120 four-drawer file cabinets can be condensed into a single file cabinet and still leave some room for expansion. …
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Michigan Law Review
Exemptions from obligations to government are as old as Scripture. It is not strange, therefore, that the public interest in humane government should dictate numerous exemptions from the income tax levy, particularly when one considers that the income tax has long ceased to be simply a revenue producing vehicle. The regulation of inflation or deflation, the control of corporate financial structures, the distribution of wealth, all these and many other concern of government have entered into the formula of our income tax laws. The selection of those who are to be benefited by the tax exemption is, of course, made …
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Michigan Law Review
Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …