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Articles 5791 - 5820 of 8432
Full-Text Articles in Entire DC Network
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.
Wills - Interpretation Of "Existence" As Used In Statutes Providing For Probate Of Lost Or Destroyed Wills, Edward P. Dwyer, Jr.
Wills - Interpretation Of "Existence" As Used In Statutes Providing For Probate Of Lost Or Destroyed Wills, Edward P. Dwyer, Jr.
Michigan Law Review
Testator, about to undergo a serious operation, executed a will leaving $5,000 to his fiancée and the balance of his estate to his brother Louis. Three days later, after the operation had been performed and when testator was apparently on the road to recovery, he informed a lawyer that he desired to give his fiancée a check for $5,000 at once in lieu of the bequest to her in the will, and desired the rest of his estate to go to Louis. Testator mistakenly told the lawyer he had no other relatives. The lawyer then advised him to have the …
Book Notes, Michigan Law 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. Periodicals, court reports, and other publications that appear at frequent and regular intervals are, not listed. The information given is derived from inspection of the books, publishers' literature, and the ordinary library sources.
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Nlrb Back Pay As A Problem Of Administrative Interpretation Under The Social Security Act, Michael Fooner
Michigan Law Review
For several years the question whether NLRB back pay should be deemed "wages" under various administrative aspects of the Social Security Act has been a recurring issue. It is one which is periodically tried in the administrative offices of the Bureau of Internal Revenue, of the Social Security Board, and of the various state unemployment compensation commissions. As far as this writer has been able to determine, the question has been taken to the courts in only one instance, the New York Supreme Court, on appeal from decision of the unemployment insurance administrative and appeal agencies of that state. The …
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Michigan Law Review
In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Michigan Law Review
Plaintiff was appointed executor by a Georgia court which found that decedent had been domiciled in Georgia. Defendant was appointed administrator by a New York court which found that decedent was domiciled in New York. Plaintiff and defendant were interpleaded in the Delaware court by a Delaware corporation to determine who was entitled to shares of stock owned by decedent in the Delaware corporation. Plaintiff claimed that the Delaware court was required to give full faith and credit to the Georgia finding that decedent was domiciled in Georgia. The Supreme Court of Delaware found that decedent was domiciled in New …
Corporate Proxies, Leonard H. Axe
Corporate Proxies, Leonard H. Axe
Michigan Law Review
The earlier forms of corporations in England seem to have been political units and the normal mode of conferring corporate rights was by an issue of a charter from the crown, whereby a body of individuals was designated a corporation with the sovereign power to exercise appropriate privileges. Since the charter was issued by the crown, the corporation was considered a part of the government and each member of the corporation was entitled to one vote if given by him in person. As one writer has so well stated, this "was the result of a political philosophy which assumed that …
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Legal Studies: A Review, Max Rheinstein
Michigan Law Review
To the knowledge of this reviewer, the relation between printers' wages and the development of the law has not yet been investigated. This problem is by no means so absurd as it may sound. The very principle of stare decisis presupposes the existence of the printing press, a high development of the art of indexing, a well-organized book trade and a price level under which reports and search books are accessible to the members of the legal profession. Treatises and other learned discussions cannot influence legal developments where printing costs are prohibitive. Yet, the extent to which a legal system …
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Michigan Law Review
The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …
Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal
Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal
Michigan Law Review
Three months after the passage of the Emergency Price Control Act a partial and selective approach to the problem of price control has been abandoned and a comprehensive over-all ceiling has been put into effect. The economic forces generated by total war have quickly proved too powerful for the limited controls originally planned. As a result, a sweeping program of governmental control over the economic life of the nation has been instituted, with consequences too complex and far-reaching to be foreseen in any detail.
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Criminal Law And Procedure - Statutes-Constitutionality Of Criminal Penalties For Unreasonable Deductions Under Federal Income Tax Statute, William H. Shipley
Michigan Law Review
Defendant was indicted for attempting to evade the federal tax on the income of a certain corporation for the years 1933 to 1936. In providing for deductions from gross income, the statute permits a reasonable allowance for salaries or other compensation for personal services. The government charged that the defendant was a party to a fraudulent scheme whereby, under the guise of paying commissions for services, which commissions were · deducted from gross income, the corporation distributed profits to its stockholders. The trial court submitted to the jury the issue whether the deduction represented a reasonable allowance for the services …
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Evidence - Constitutional Problems In Compelling The Attendance Of Witnesses Outside The State, Paul J. Keller, Jr.
Michigan Law Review
Cooper, a citizen of New Jersey, was sought as a witness by a defendant in a criminal prosecution in a New York court in accordance with a New Jersey statute, which allowed such a procedure upon certain conditions. The conditions included a hearing in New Jersey on the summons and provisions for compensation and immunity from service of process while acting on the writ outside the state. At the New Jersey hearing on the summons Cooper objected on the ground that the statute was an unconstitutional deprivation of his liberty. Held, that the statute is constitutional. In re Cooper …
Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr.
Bankruptcy - Reorganization - Nature Of Farmer-Debtor's Right To Adjudication Under Section 75 (S), Louis C. Andrews, Jr.
Michigan Law Review
Plaintiff, a farmer, filed his original petition May 3, 1934, under section 74 of the Bankruptcy Act. Eleven months later he amended his petition, seeking relief under section 75 (a)-(r). Until March 2, 1940, no progress was made, and at that time the plaintiff sought adjudication under subsection (s). The district court entered an order that the petition be denied and the mortgagee's title recognized. The circuit court of appeals affirmed, stating that the petitioner had an affirmative duty to proceed diligently in obtaining a composition and extension agreement under subsections (a)-( r). Held, reversed. The benefits of section …
Constitutional Law - Involuntary Servitude, John W. Potter
Constitutional Law - Involuntary Servitude, John W. Potter
Michigan Law Review
Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …
Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie
Integration Under Section 10(C) Of The Public Utility Holding Company Act, Robert F. Ritchie
Michigan Law Review
Section 10(c) has been invoked many times since 1935, and the developments under this section have foreshadowed the progress of integration under 11(b) (1). It is the purpose of this article to examine the nature of the requirements of section 10(c), and to indicate the extent of their effectiveness in accomplishing the integrational objectives of the act.
Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.
Automobiles - Guest Statutes - Proposal To Share Expenses Of Social Trip, Edward P. Dwyer, Jr.
Michigan Law Review
Plaintiff was one of a party of three young married couples riding to a birthday party at a nearby night club in defendant's automobile. No previous arrangement concerning expense sharing had been made, but upon getting into the automobile plaintiff proposed to pay her share and defendant informed her that he would let her know the amount when they returned. En route, defendant ran into another car, and plaintiff sued to recover for injuries sustained. There was no charge that defendant was guilty of wilful or wanton misconduct. No payment had ever been made to defendant for the expenses of …
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.
Book Notes, Michigan Law 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 - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Constitutional Law - Labor Law - Recent Ramifications Of The Application Of Free Speech Doctrines To The Protection Of Picketing, William H. Kinsey
Michigan Law Review
When the United States Supreme Court declared that peaceful picketing was protected by the constitutional guaranty of free speech, it raised the interesting question how the doctrines shielding the traditional modes of free speech were to be adapted to the preservation of picketing. A smooth cloaking of the right to picket with the sanctity of a constitutionally protected civil liberty is complicated by various factors such as the ease with which picketing may lead to violence, the elements of economic coercion inherent in even peaceful picketing, and the detrimental repercussions upon strangers to the controversy. As a result the clash …
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Labor Law - Application Of The Antitrust Laws To Labor Combinations, Eric Stein
Michigan Law Review
In an indictment under the .first paragraph of the Sherman Act the government charged the defendant union of electrical workers with forming an illegal combination to boycott electrical equipment manufactured in other states whereby such products were either totally excluded from the local market, or restrictions as to rewiring or reassembling were imposed upon their use such as to constitute an undue burden on interstate commerce. In a separate indictment the United States accused the same union of unlawfully conspiring with the associations of contractors and local manufacturers of electrical equipment for a similar purpose and with a like effect …
Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review
Judicial Sales - Right To Set Aside A Successful Bid, Michigan Law Review
Michigan Law Review
At a public sale, the trustee in bankruptcy struck off to the plaintiff a bankrupt's assets for $16,850, a reasonable price. A referee vacated the sale when a private bidder offered $150 more and insured reopening of the bankrupt's mines and employment of its former employees. The sale was finally confirmed to the private bidder at a price only $50 in excess of the final offer made by the highest bidder at the public auction. Plaintiff appealed to the court to review the referee's order. Held, although the courts do not generally approve of vacating a fair public sale …
Taxation - Excise Taxes - Meaning Of Dues Or Membership Fees Under The Fereral Revenue Acts, William H. Shipley
Taxation - Excise Taxes - Meaning Of Dues Or Membership Fees Under The Fereral Revenue Acts, William H. Shipley
Michigan Law Review
The Winchester Country Club's by-laws provided for "annual dues" of fifty dollars which entitled the member to all the privileges of the club except golf. By paying fifty dollars more for "full privileges," members obtained the privilege of playing golf for a year. The club's practice was to bill members annually in advance, measured by the privileges previously held. If after such billing a member indicated that he did not want the golf privilege, no attempt was made to collect the charge. The federal government collected taxes on payments to the club for golf privileges on the ground that the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 40, Issue 8 of Michigan Law Review
Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin
Labor Law- Collective Bargaining Contract As Barring Questions Concerning Representation Of Employees, Charles J. O' Laughlin
Michigan Law Review
The employer entered into a collective bargaining agreement with the employees as represented by Union A, recognizing Union A as the exclusive bargaining agent and giving it a closed shop. The contract was entered into in September, 1940, and was to last until September, 1942, with a provision for certain modifications before that time. Pending negotiations for modifications, a large number of the members of Union A decided to transfer affiliation to Union B. On September 24, 1941, Union B filed a petition under the Wagner Act to be certified as the sole bargaining agent. Union A resisted …
Antitrust During National Emergencies: Ii, Thomas K. Fisher
Antitrust During National Emergencies: Ii, Thomas K. Fisher
Michigan Law Review
The effects of the Depressions of 1893 and 1929, the Panic of 1907, and World War I upon the enforcement and substantive content of the antitrust law were examined in the first part of this article. Because of the change in government policy toward the law as effected in the early months of the Roosevelt administration, the Depression of 1929 was divided into the years under the Hoover administration and the years under the Roosevelt administration. We have noted that during the former period only twenty-five actions were brought to enforce the law. The legislative policy of that administration in …
Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams
Corporations - Rights Of Action By The Representative Of Corporate Creditors - Effect Of Corporate Assent, Edward W. Adams
Michigan Law Review
By various acts the directors and officers of a corporation--its agents for the conduct of corporate business--may wrong the corporation or make possible a wrong to the corporation or to the body of corporate stockholders. When the corporation becomes involved in insolvency proceedings, in order to make available to creditors as many assets as possible, the receiver or trustee in bankruptcy determines whether some cause of action will lie to recover damages or property, or whether he may successfully defend to preserve assets. If the corporation itself could have been successful in the litigation, the solution would be easy because …
Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge
Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge
Michigan Law Review
During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …
Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster
Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster
Michigan Law Review
Stated briefly, the effect of T. D. 5032 has thus been to revert to the original test of payment of premiums for determining when insurance has been "taken out" by the decedent, and to abandon ownership of the policy as a basis for including the proceeds in decedent's estate, thereby departing from the fundamental theory of estate taxation. Thus the regulations, in closing one door to tax avoidance, apparently open another. While this avenue of escape may be narrowed by judicial interpretation, a change in the regulations probably will be required to seal it completely.
Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin
Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin
Michigan Law Review
Decedent's father, a resident of Massachusetts, by his last will created a trust of the residue of his estate, consisting of intangibles, and gave one share to decedent for life, with remainder to whomsoever decedent should appoint by will. The trust was administered in Massachusetts and there was no question as to that state's power to tax. Decedent, a resident of New York, appointed his share to his widow. The New York courts held that although the interest of the decedent fell within the provisions of the New York tax law imposing a tax upon the transfer of the net …
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Evidence - Admissibility Of Evidence Gained By Use Of Detectaphone, Michigan Law Review
Michigan Law Review
Appellant was indicted for conspiracy to violate the Bankruptcy Act. An agent of the Federal Bureau of Investigation was permitted by the custodian of the building to enter appellant's office without his knowledge, and to install a dictaphone connecting with an adjoining room. However, the dictaphone failed to operate, and the only evidence which the agents were able to get was by means of a detectaphone which was in the same room with the agents, and which was not connected with the dictaphone. Held, the detectaphone recordings were admissible in evidence because no trespass was committed in getting the …