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Articles 5761 - 5790 of 8432
Full-Text Articles in Entire DC Network
Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson
Constitutional Law - Constitutionality Of Tire Rationing, Malcolm M. Davisson
Michigan Law Review
Plaintiff, Price Administrator, sought to enjoin defendants from selling rubber tires and tubes to consumers without tire rationing certificates as required by the tire rationing regulations. Defendants contended that the regulations were void under the Fifth Amendment as taking of property without due process of law and without just or any compensation. Held, judgment for plaintiff. The tire rationing regulations, a proper exercise of the war powers vested by Congress in the President or some duly constituted department, agency, or officer of the federal government, are not in contravention of the prohibition of the Fifth Amendment against the taking …
Admiralty - Actions Against Shipowners For Loss Of Cargo - Burden Of Proof Of Seaworthiness, Michigan Law Review
Admiralty - Actions Against Shipowners For Loss Of Cargo - Burden Of Proof Of Seaworthiness, Michigan Law Review
Michigan Law Review
A recent decision of the United States Supreme Court has laid to rest a number of complex problems involved in allocating the burden of proving seaworthiness between shipowners and injured cargo owners. While these general problems are by no means peculiar to maritime law, one plausible explanation for their unusual importance here might be found in the inherent difficulty which confronts the fact-finder when he attempts to accumulate information regarding accidents at sea. Fathoms of water may separate him from his evidence, and even where the source of injury is more accessible, the complex science of navigation and ship construction …
Trade Restraints - Resale Price Maintenance - Use Of Competitors As Agents, Michigan Law Review
Trade Restraints - Resale Price Maintenance - Use Of Competitors As Agents, Michigan Law Review
Michigan Law Review
Masonite Corporation, the principal defendant, manufactured and sold for construction purposes a patented wood product known as "hardboard." The other defendants sold, and many of them manufactured, building materials, several having patents that competed with Masonite. After a short period of patent litigation between Masonite and one of its chief competitors, a plan was devised and gradually extended to the other defendants, by which the latter were constituted the del credere agents of Masonite to sell its product at prices and according to terms which it should establish. The agents were not to use the trademarks of Masonite; and the …
Wills - Incorporation Of Deed By Reference - Construction
Wills - Incorporation Of Deed By Reference - Construction
Michigan Law Review
The sixth clause of testator's duly executed will was as follows: "I have already deeded to my niece, Alta J. Pullman, the southeast quarter (SE¾) of section eight (8), township twenty-four (24), north, range four (4), east of the 6th P. M. in Cuming county, Nebraska, and for that reason I do not devise any real estate to her in this Will." About thirteen months prior to the execution of this will, testator and his wife executed a deed conveying this tract of land to Alta J. Pullman. The deed was never delivered, and was not executed in accordance with …
Abstracts, Katherine Kempfer
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.
Current Periodical Index, Michigan Law Review
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.
Wills - Class Gifts - Language And Circumstances Necessary To Constitute, Michigan Law Review
Wills - Class Gifts - Language And Circumstances Necessary To Constitute, Michigan Law Review
Michigan Law Review
By the second and third clauses of his will Lester Evans bequeathed to his son and daughter $35 each. The fourth clause disposed of "all the rest, residue, and remainder of my estate" to seven named persons of no relation to the testator or among themselves. One of the named persons was his bride-to-be, and she was included for the purpose of carrying out the antenuptial contract to leave her one-seventh of his estate if he were to predecease her. The clause concluded, "each person shall take an equal undivided one-seventh (1/7) share, absolutely and forever." The fifth clause explained …
Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter
Constitutional Law - Interstate Commerce - Agricultural Adjustment Act, H. Marshall Peter
Michigan Law Review
Under the terms of the Agricultural Adjustment Act of 1938, the Secretary of Agriculture is authorized, whenever it appears that the nation's wheat supply will exceed a certain amount, so to proclaim and to put into effect a marketing quota. A referendum must be conducted among the farmers, and if more than one-third oppose, the operation of the quota must be suspended. In July, 1940, the appellee was given notice of an allotment for his 1941 crop. This notice preceded his fall planting of that crop, and another notice a year later preceded its harvesting. The amendment of May 26, …
Current Periodical Index, Michigan Law Review
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.
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Constitutional Law-Trial By Jury-Conditions Of Valid Waiver
Michigan Law Review
Until the rendition of the Supreme Court's lengthy opinion in Patton v. United States the consequence of a defendant's waiver of his constitutional right to trial by jury in criminal cases, and his resultant trial without a jury of twelve persons, was matter for vigorous disputation. The decisions from various jurisdictions are conflicting and confused. Some courts have declared flatly that the right cannot be validly waived and that conviction following an attempted waiver is a nullity. But their reasons for so holding are widely variant.
The Revenue Act Of 1942: Federal Estate And Gift Taxation, Paul G. Kauper
The Revenue Act Of 1942: Federal Estate And Gift Taxation, Paul G. Kauper
Michigan Law Review
The Revenue Act of 1942 marks important changes in the substantive law. Most of these changes have been obscured by the publicity accorded the higher rates and other features that distinguish it as the first great taxing measure borne out of the travail of the present conflict. Yet it is remarkable that despite the urgency of the need for war revenues, time and effort should have been expended by Congressional committees and Treasury officials in working out with care and thought revisions that constitute a notable contribution to the clarification and restatement of the substantive law of federal taxation. Important …
The Validity Of Conditions In Patent Licenses, John Barker Waite
The Validity Of Conditions In Patent Licenses, John Barker Waite
Michigan Law Review
In discussing this subject one can still begin with the premise that in this country a patentee possesses the absolute right to preclude anyone, except the United States government, from making use of his invention.
Bankruptcy - Voidable Preferences - Transfer Perfected Within Four Months Of Bankruptcy, Elizabeth Durfee
Bankruptcy - Voidable Preferences - Transfer Perfected Within Four Months Of Bankruptcy, Elizabeth Durfee
Michigan Law Review
Two recent cases, Adams v. City Bank & Trust Co., and In re Quaker City Sheet Metal Co., both involving section 60 of the Chandler Act, bring to the fore a question of interpretation of that section which has bothered Congress and courts and lawyers for some forty years. The bankrupt executes a mortgage to secure repayment of a present loan, but the recording of the mortgage is withheld until a later date, and finally takes place within four months of bankruptcy. Or, as in the Quaker City case, he assigns a chose in action to the creditor …
Some Legal Aspects Of Guaranteed War Loans, William B. Cudlip
Some Legal Aspects Of Guaranteed War Loans, William B. Cudlip
Michigan Law Review
Of the many innovations in the field of commercial banking since 1933, one of the most important introduced as a result of the war emergency is the "guaranteed" war loan plan which was authorized by the President under Executive Order 9112, dated March 26, 1942. Under the plan any loan made by any financing institution, including specified government agencies, to a borrower engaged in the production of war materials may be guaranteed by the War or Navy Departments or the Maritime Commission of the federal government, in those cases where the borrower is unable to obtain adequate financing without such …
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Corporations - Legal Aspects Of Corporation Bonuses, H. Marshall Peter
Corporations - Legal Aspects Of Corporation Bonuses, H. Marshall Peter
Michigan Law Review
It would clearly be inaccurate to say that the percentage method of compensation represents a modern idea. Its rationale is so simple that there must have been instances of its utilization in early history. Be that as it may, it is a device which attained little prominence in this country before the beginning of the present century and which has grown since then with amazing rapidity. Along with the growth of bonus plans in some form or another, perplexing problems have arisen economic, social and perhaps even moral as well as legal. The emphasis of this comment will be upon …
Conflict Of Laws Relating To Installment Sales, Robert E. Lee
Conflict Of Laws Relating To Installment Sales, Robert E. Lee
Michigan Law Review
The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer
Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer
Michigan Law Review
Beck in 1935 created an irrevocable funded insurance trust of $172,000 in securities together with seven policies of insurance on his life. The income from the securities was to be applied to pay the premiums on the policies and any surplus was to be distributed to his wife and daughter. At grantor's death the proceeds of the policies were to be added to the corpus of the trust and all income was to go to the same beneficiaries for life with remainders over. There was no possibility of reverter in the grantor and no right to alter, modify or revoke …
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 twenty-five leading law reviews. The index embraces material published since the last issue of this REVIEW.
Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen
Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen
Michigan Law Review
The rule has become well established in England that, where a testator bequeaths an annuity for life to his beneficiary and directs his executor or trustee to purchase the annuity with assets of the estate, the annuitant has an option to demand the purchase money in lieu of the annuity. The direction to purchase the annuity is clothed by the courts with a power to change the mere gift of an annuity into a gift in the alternative of the principal or the annuity. This direction indicates the will of the testator that a fund representing the principal of the …
Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively
Federal Courts - The Scope Of The Review Of Interlocutory Orders And Decrees Under Section 129, As Amended, Of The Federal Judicial Code, Gerald M. Lively
Michigan Law Review
In early English appellate practice, the appealability of orders and decrees from a court of equity turned upon a single arbitrary test-whether or not they were enrolled. If an order or decree of the chancellor was enrolled, an appeal could be taken. But in the United States the case was different. In considering whether or not an order or decree could be appealed from, the appellate court looked to see whether it was interlocutory or final, and it was only the latter which could be appealed. Thus in the United States if it is found desirable to have an appeal …
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Instruments Of Discovery Under Federal Rules Of Civil Procedure, Alexander Holtzoff
Michigan Law Review
The elimination of the "sporting theory" of justice, the simplification of procedure, and the prompt disposition of controversies on their merits are the great objectives of the new federal civil practice. One of the principal means for the attainment of these purposes is discovery, by which a disclosure may be obtained in respect to all pertinent information in the possession of any party to a litigation. An exception is, of course, made for privileged matter. It is one of the basic theories of the new procedure that every party to a law suit is under a duty to reveal to …
Comparative Research And Unification Of Law, Hessel E. Yntema
Comparative Research And Unification Of Law, Hessel E. Yntema
Michigan Law Review
The current interest in international unification of law as a major objective of comparative legal research is significant testimony, in an era of accentuated nationalism, to the increasing solidarity of the modern world. In the development of this interest, Latin America has played a pioneer role. As early as 1826, the celebrated Congress convened at Panama envisaged in its deliberations what one of its members termed a "System of Public Law" for the Americas. The Congress of Montevideo of 1888-1889, anticipated by the Lima Congress of Jurists of 1878, produced the first substantial and successful codification of private international law, …
Corporate Proxies: Ii, Leonard H. Axe
Corporate Proxies: Ii, Leonard H. Axe
Michigan Law Review
The first installment of this article discussed the historical development of the right and power to vote by proxy, and examined the cases dealing with the regulation by by-law of the right to vote by proxy, who may act as proxy holders, and the form of the proxy. Emphasis was placed upon the practical aspects of the execution of proxies and the duties of inspectors of elections. The present installment will take up the persons entitled to appoint proxy holders, the right to examine proxies, the scope of authority conferred and exercise of power, circumstances under which a stockholder is …
Powers - Rights Of Donees' Creditors Against Property Subject Thereto When The Power Is General And Is Exercised By Will, Charles Wright, Ill
Powers - Rights Of Donees' Creditors Against Property Subject Thereto When The Power Is General And Is Exercised By Will, Charles Wright, Ill
Michigan Law Review
In general it is said that the majority of jurisdictions in the United States allow creditors of the donee of a general power of appointment, exercisable by deed or will, or by will only, to reach the appointive property when the power is exercised by will, if the donee's personal estate is insolvent and if the appointment is to a volunteer. It would appear from a survey of the authorities dealing with the question that only twenty states have spoken on the subject at all. Of that number only sixteen have decisions which can, by any stretch of the imagination, …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
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.
Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer
Labor Law - Antiracketeering Act Not Applicable To Labor Unions, Harry M. Nayer
Michigan Law Review
Defendant Teamsters Union and twenty-six individual defendants were convicted for the violation of the Antiracketeering Act. Defendants had by threats of violence forced the owners of all trucks entering the city of New York to pay members of defendant union the regular union wage for driving and unloading a truck regardless of whether the tendered services were accepted. Held, the act was not intended to apply to such labor activity, and defendant did not violate the act if the money was received with the intention of rendering services therefor, even if the services were not accepted. Such payments constituted …
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
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.