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Labor Law-Objectives Test For Determining The Legality Of Labor Activities, Arthur B. Lathrop

Michigan Law Review

It is the purpose of this paper to make a survey of the status of the objectives test as a method of determining the legality of labor activity before the Supreme Court rendered its momentous decisions in Thornhill v. Alabama, American Federation of Labor v. Swing, and the Meadowmoor case. Thereafter the state decisions will be examined to determine the effect of these recent Supreme Court cases on the objectives test.

Witnesses-Privilege Against Self-Incrimination-Effect Of Incorrect Decision By Trial Judge In Compelling Answer When Privilege Asserted

Michigan Law Review

ln a judicial proceeding, a question is asked of a witness, which question he declines to answer, claiming that the answer will tend to incriminate him. The judge orders him to answer. He does so and the answer does incriminate him. What happens?

Principal And Agent-Whether Principal Constructive Trustee Of Money Secured By Fraud From Third Person To Make Up Embezzled Funds, Dickson M. Saunders

Michigan Law Review

Taggart embezzled from his principal, defendant American National Insurance Company, $1,000 received from Miss Mortensen for a deferred life annuity. Subsequently, in a transaction with plaintiff, wholly outside the scope of his general receiving agency for the insurance company, Taggart secured $1,200 through fraud. From this Taggart then replaced the $1,000 due his principal. In suit by plaintiff to recover, Taggart defaulted; liability of the insurance company is based upon the theory that $1,000 has been traced into its hands, and because of Taggart's fraud, this sum became impressed with a constructive trust in favor of the plaintiff. Held, …

Current Periodical Index, Michigan Law Review

Michigan Law Review

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

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

Workmen's Compensation - Admiralty Jurisdiction, Arthur B. Lathrop

Michigan Law Review

The deceased, a structural steelworker, was employed to dismantle an abandoned drawbridge which spanned a navigable river. At the time of the accident, he was examining steel which had been cut from the bridge and lowered into a barge used to haul it to the storage point and from this barge "he either fell or was knocked into the river." The company which employed him was a contributor to the Washington Compensation Fund, a compulsory act for employers engaged in the type of work for which the deceased had been employed. In this proceeding the widow appealed on writ of …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Habeas Corpus As A Method Of Review-Prohibition-Mandamus

Michigan Law Review

It is a well-settled rule, sustained by innumerable cases, that errors and irregularities committed by a court within the sphere of its jurisdiction cannot be inquired into in habeas corpus proceedings. The reason commonly given for this rule is that such a proceeding is a collateral attack on the judgment, and a collateral attack is necessarily limited to the inquiry whether the court has acted without jurisdiction or has exceeded its jurisdiction.

Key Problems In The Apportionment Of Increase Between Successive Interests In Personalty, Erwin Esser Nemmers

Michigan Law Review

It has been said with some amount of truth that "Perhaps no other question in the law of future interests has called forth such a voluminous literature as the question of the allocation of dividends and the other accruing benefits as between the life tenant and the remainderman of shares of corporate stock."

The present writer's purpose in adding to the material on the subject is to show the relation to the case law of the rules set forth in the Restatement of Trusts and the Uniform Principal and Income Act. While difficult problems of apportionment arise in regard to …

Soviet Government Corporations, John N. Hazard

Michigan Law Review

Public ownership of the means of production is a basic principle of Soviet economy. Private ownership of property is now limited to ownership of consumer's goods, and private trading is confined to the narrowest areas and subjected to such rigid control that it has been reduced to the limitations of street peddling.

With the emphasis on public ownership, the management, protection and development of property belonging to the state has become a major activity of the Soviet government. Production, distribution and consumption of property are aspects of this activity.

Development of a mechanism of management has occupied Soviet jurists and …

Medical Facts That Can And Cannot Be Proved By X-Ray: Historical Review And Present Possibilities, Samuel W. Donaldson

Michigan Law Review

As the science of the practice of medicine has progressed, new discoveries have brought out newer methods of diagnosis and treatment. With the discovery of x-rays by Professor Wilhelm Roentgen in 1895, an entirely new field was opened. The growth of this new field of medical radiology has been unusually rapid and of great importance. Radiology embraces the use of x-rays, radium, and other radioactive substances. Roentgenology is a division of radiology in that it is limited to the use of the Roentgen rays or x-rays, and medical roentgenology may be termed as the use of x-rays for the diagnosis …

Foreign Exchange Restrictions And Public Policy In The Conflict Of Laws, Evsey S. Rashba

Michigan Law Review

The general movement towards national economic planning and away from the freedom of the liberal age has brought about unprecedented state interference with international trade. These interferences have vastly increased during the past twenty-five years and have grown at a rapid pace during the last decade.

Problems Of Proof In Claims For Recovery For Dermatitis, Louis Schwartz

Michigan Law Review

This article will consider, first, occupational dermatitis, and, second, dermatitis from wearing apparel and cosmetics.

Automobiles-Sharing Of Expenses As Evidence Of Joint Adventure-Guest Act, Benjamin Quigg

Michigan Law Review

Through a mutual friend, respondents arranged with appellant car owner for transportation to an out-of-town football game, and it was agreed between the parties that the passengers should reimburse the owner for the expenses of transportation and cost of lunch provided by the appellant. After the game the parties decided to drive to another town for dinner; en route the car skidded and overturned as a result of appellant's negligence, and the respondent wife was seriously injured. Held, that the members of the party were engaged in a "joint adventure" so that the automobile guest statute would not bar …

Joint Adventure-Actions At Law For Share Of Profits, Hobart Taylor, Jr.

Michigan Law Review

Action in assumpsit for money due under a contract whereby defendant leased plaintiff's entire clothing factory for the manufacture of 20,000 coats for which defendant held a government contract. By the terms of the agreement, plaintiff was to receive one-half of the net profits. The agreement expressly stated that they were not to be partners. The coats were manufactured pursuant to the agreement. Held, a mere agreement to share profits is, between the parties, insufficient to create a partnership, and assumpsit may be maintained by the members of a joint adventure inter sese for the agreed share of profits. …

Constitutional Law - Criminal Law And Procedure - Presence Of Accused During Arguments Of Law, Arthur B. Lathrop

Michigan Law Review

The defendant was indicted for a felony on charges of wilfully attempting to "evade or defeat'' federal income taxes based on his failure to report money allegedly received by him from "backers" of numbers games in exchange for political protection. On cross-examination he was questioned about certain payments made in the year following the ones on which the indictment was based. His attorney objected on the ground that the question was going to be the subject of another indictment against the defendant, and asked that the jury be dismissed while an argument was had upon the point of law raised. …

Constitutional Law-Validity Of Marketing Program Established Under The California Agricultural Prorate Act, Malcolm M. Davisson

Michigan Law Review

Appellee, a producer and packer of raisins in California, alleging that enforcement of the proration marketing agreement established under the California Agricultural Prorate Act would prevent him from fulfilling sales contracts and from purchasing for sale and selling raisins in interstate commerce, brought suit in the district court to enjoin enforcement of the program for marketing the 1940 raisin crop. The marketing program was challenged as in violation of the Sherman Antitrust Act and the commerce clause of the United States Constitution and as in conflict with and superseded by the Federal Agricultural Marketing Agreement Act of 1937. The district …

Corporations - Foreign Corporations - Effect Of Complying With Domestication Statute, E. George Rudolph

Michigan Law Review

Decedent was a resident of Nebraska and all his property was located there. By his will he left the residue of his estate to a number of charitable institutions including the Topeka Branch of the Women's Foreign Missionary Society of the Methodist Episcopal Church, a corporation incorporated in Kansas. The Topeka Branch claimed exemption from the Nebraska inheritance tax because it was a domestic charitable corporation, having complied with the Nebraska statute providing, "Any corporation organized under the laws of any other state . . . which has filed . . . with the secretary of state of this state, …

Abstracts, Katherine Kempfer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Taxation-Capital Stock Tax-What Constitutes "Doing Business", James E. Dunlap

Michigan Law Review

The capital stock tax is an excise tax levied not on the business itself but on the exercise of the privilege of doing business in a corporate capacity; hence the determination of tax liability involves a decision in each case as to whether the corporation is carrying on or doing business within the meaning of the tax statutes.

Current Periodical Index, Michigan Law Review

Michigan Law Review

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

Book Notes, Michigan Law Review

Michigan Law Review

This department undertakes to list and, when possible, describe briefly current books on law and matters closely related thereto.

Constitutional Law - Validity Of Rent Provisions Of Emergency Price Control Act, George T. Schilling

Michigan Law Review

The administrator of the Office of Price Administration brought an action in a federal district court to enjoin defendant from violating the rent provisions of the Emergency Price Control Act of 1942, and orders and regulations issued pursuant thereto. Defendant, by way of counterclaim, challenged the constitutionality of the act and Regulation No. 10 and sought an in junction restraining plaintiff from enforcing against her the provisions of the act, from interfering with the use and occupancy of her premises and her right to invoke the jurisdiction of the state courts, and requesting the suspension of the penal provisions of …

The Legal Status Of The Netherlands, Bartholomew Landheer

Michigan Law Review

The transfer of the Netherlands Government to London involves a number of legal aspects which are of great interest. In the first place, the term "government" deserves a closer scrutiny. Under an absolute monarchy or a totalitarian form of government the king or ruler combines the legislative, executive and judicial powers. Under a democracy or a constitutional monarchy the situation becomes far more complicated.

It is stated in the Netherlands Constitution that the executive power is vested in the king. The legislative power, however, is exercised by the king and States-General together. Thus, if, as in the case of the …

Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague

Michigan Law Review

In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …

What Constitutes A Fair Procedure Before The National Labor Relations Board, Clyde W. Summers

Michigan Law Review

No administrative body in recent times has received as much criticism, both favorable and unfavorable, as has the National Labor Relations Board in its administration of the National Labor Relations Act. Such a vast amount of material has been written on the procedure before the board that any further discussion would seem superfluous. However, the discussion of the board's procedure has been related more to the wisdom of choice which the board has made in setting up its procedure than to a determination of the line that separates legality from illegality in its determination of cases.

Corporations - Dissolution At Suit Of A Minority Stockholder, E. George Rudolph

Michigan Law Review

The general statement has often been made that a court of equity has no power to dissolve a solvent corporation at the suit of a minority stockholder, in the absence of special statutory authority. However, some of the cases which seem to support this rule hedge considerably by saying that "ordinarily" or "generally" equity has no such jurisdiction. These cases would seem little different than those which hold that a court of equity has inherent jurisdiction to dissolve a corporation but will exercise it only in cases of extreme necessity. The latter seems to be the prevailing view and on …

Legal Techniques And Political Ideologies: A Comparative Study, Alexander H. Pekelis

Michigan Law Review

The problem with which we are going to deal is one of comparative law, a discipline probably even more illusory than legal science itself. A body of laws represents in itself neither a social reality nor a social ideal. One of the difficulties that every historian faces in trying to reconstruct a period of the past with the help of legal monuments is due to the great variety of relations existing between legal rules and social reality. So, e.g., legal monuments generally contain in an inextricable confusion at least two contradictory types of rules: rules which are a simple restatement …

Attorney And Client - Malpractice - Accrual Of Action - Statute Of Limitations

Michigan Law Review

Plaintiff, in March, 1934, while in the employ of a manufacturing concern, suffered severe injuries. In September, 1935, he employed the defendant, an attorney, to present and prosecute a claim for compensation. The claim was filed in March, 1937; it was dismissed by the Industrial Commission on the ground that it was barred by the two-year statute of limitations governing such claims. Apparently the attorney, continuing his efforts on behalf of his client, persuaded the employer to make a voluntary settlement, for the plaintiff alleges that, in May of 1940, he endorsed the employer's check over to the attorney, accepted …

Conflict Of Laws-Refugee Government Property Conservation Decrees In The Courts Of The United States, Robert D. Ulrich

Michigan Law Review

In the Feuchtwanger case, a French government decree of April 24, 1940, as amended May 10, 1940, defined as prohibited exportation of capital "the acts of allowing to remain outside of French territory, or keeping in foreign exchange or foreign currencies, or of not collecting within the territories fixed by decree or instruction of the Minister of Finance, all or part of the proceeds of the exportation of merchandise, or of the remuneration for services, as well as all or part of all proceeds or income abroad."

In May 1939, plaintiff, then a resident of France, purchased a number of …