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Articles 6241 - 6270 of 8432
Full-Text Articles in Entire DC Network
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review
Michigan Law Review
The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …
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.
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Trade Restraints - Constitutionality Of Statute Prohibiting Price Discrimination By Purchasers - "Actual Cost'' Provision Vague And Indefinite, Robert Meisenholder
Michigan Law Review
Defendant was charged with violating a statute which provided that purchasers of certain farm products for manufacture or resale should not discriminate in prices between sections and between individual sellers. The statute required the purchaser to deduct full transportation costs from the purchase price paid or to deduct the actual costs of hauling from the point of purchase to the locality of manufacture or resale. No definition of actual cost was set out. Held, two justices dissenting, the term "actual cost" was so vague and indefinite that the statute denied due process of law. State v. Northwest Poultry & …
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Labor Law - Extent Of Jurisdiction Of The National Labor Relations Board, Ward P. Allen
Michigan Law Review
What possible legal or logical connection is there between an employee's membership in a labor organization and the carrying on of interstate commerce? It is "clear that the mere reduction in the supply of an article to be shipped in interstate commerce, by the illegal or tortious prevention of its manufacture, is ordinarily an indirect and remote obstruction on that commerce." Strange sounding words, these, so completely have these doctrines been repudiated in the National Labor Relations Act and the cases supporting it. The law is anything but static; and the legal touchstone of this "extension" of the interstate commerce …
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Negligence - Proximate Cause - Fraud - False Statement By Druggist As To Ingredients Of Prescription, Michigan Law Review
Michigan Law Review
Plaintiff purchased from the defendant a prescription calling for an ingredient free from mercury, to which plaintiff was allergic. Defendant intentionally, for want of the other ingredient, substituted a commercial compound containing mercury without notifying the purchaser. Subsequent applications caused inflammation, and plaintiff's doctor inquired as to whether mercury was an ingredient of the prescription. Defendant, knowing otherwise, replied in the negative. Further applications in reliance upon the statement caused more serious injury. The jury found the defendant negligent in filling the prescription, but a verdict was returned for the defendant on the ground that the injury was not foreseeable; …
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.
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Unfair Competition - Unauthorized Broadcasts Of Baseball Games, Michigan Law Review
Michigan Law Review
The Pittsburgh Athletic Club sold to sponsors the exclusive right to broadcast the home baseball games of the Pittsburgh Pirates. The sponsors contracted with the National Broadcasting Corporation for the use of two stations. Station KQV, knowing of this arrangement, posted observers on leased premises outside and overlooking the ball park and proceeded to broadcast play-by-play accounts of the games. Each admission ticket contained a stipulation that the holder was not to transmit or aid in transmitting reports of the games outside the park. The athletic club, the sponsors, and the N.B.C. jointly brought an action for an injunction against …
Constitutional Law - Oil And Gas - Validity Of Well-Spacing Act - Proportionate Sharing Of Proceeds By Owners Of Land In Statutory Drilling Unit, Leonard D. Verdier Jr.
Constitutional Law - Oil And Gas - Validity Of Well-Spacing Act - Proportionate Sharing Of Proceeds By Owners Of Land In Statutory Drilling Unit, Leonard D. Verdier Jr.
Michigan Law Review
Acting under the Well-Spacing Act, the Corporation Commission of Oklahoma divided certain rural oil areas into tenacre drilling units. Plaintiff owned six and one-quarter acres of a drilling unit, and the well, located in the center of the unit, was wholly on his land. The statute provided that each of the various owners of tracts making up a drilling unit should share in the oil royalties in the proportion that the acreage of his tract bore to the total acreage of the drilling unit. Plaintiff sought to recover all the royalty on oil produced from the well, contending that the …
Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox
Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox
Michigan Law Review
A Michigan statute prohibited local dealers from selling beer manufactured in a state designated by the Michigan Liquor Control Commission, acting pursuant to statutory standards, as one which by its laws discriminated against Michigan-made beer. Because Indiana was one of ten states so designated, an Indiana brewing company filed a bill in the federal court to enjoin enforcement of the Michigan statute as unconstitutional under the interstate commerce, equal protection and due process clauses of the Federal Constitution. Held, that the bill should be dismissed, since the statute, even though discriminating among importers, was a valid enactment under the …
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Administrative Adjudication Of Contract Disputes: The Walsh-Healey Act, Walter Gellhorn, Seymour L. Linfield
Michigan Law Review
The ashes of the National Recovery Act were scarcely cool before evils, sought to be abated by the statute, once more manifested themselves in virulent form. Temptation to increase hours of labor, often with the accompaniment of sharp reductions in wages, and to utilize more freely the services of child laborers, was resisted by many employers. But it was resisted with ever diminishing success in the face of grim competition for a none too voluminous business. Out of disillusion and disappointment was born the Walsh-Healey Act, to salvage from the Blue Eagle at least a few of its less conspicuous …
Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford
Some Aspects Of Intangibles Taxation In Michigan, Robert S. Ford
Michigan Law Review
If any new form of taxation is adopted at the present session of the Michigan legislature, it is likely to be a low rate tax on intangible personal property. Several bills authorizing such a tax have been introduced at legislative sessions in the past, but public sentiment is probably more favorable now than at any other time. Just recently the Tax Study Commission, which was appointed last year by Governor Murphy, recommended that "appropriate legislation" be enacted for the imposition of a low rate tax on intangibles. It is the purpose in this article to analyze briefly some of the …
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser
Michigan Law Review
It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox
Michigan Law Review
Quite common in automobile policies insuring against risks of fire, theft, collision, personal liability, etc., from the use of the automobile is a provision either effecting a termination of the policy or excluding the particular loss from the coverage of the policy if or when the automobile is used to carry passengers for hire or consideration. The full purport of this type passenger clause is unfortunately too often not realized by the insured person until he is met with a loss, unforeseen and against which he believed himself to be protected. This comment, then, will attempt an analysis of the …
Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman
Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman
Michigan Law Review
California ceded to the United States the territory within the state borders known as Yosemite Park, reserving to the state the right to "tax persons and corporations, their franchises and property on the lands included in said parks." California then laid excise and license taxes on the sale and importation of intoxicating liquors. The tax act contained some regulatory measures and the license was granted only after certain regulations were satisfied. T was an operator of stores and tourists' camps in the park who protested payment of these taxes. Held, the tax provisions were enforceable; but the regulatory provisions …
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Michigan Law Review
The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans …
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell
Michigan Law Review
The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …
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.
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Michigan Law Review
Appellant, an Ohio corporation, was engaged exclusively in interstate commerce as a common carrier of property for hire by motor vehicle. In 1937 the Georgia legislature passed a Maintenance Tax Act which provided, inter alia, for a tax, graduated according to manufacturer's rated capacity, on each motor common carrier for hire, and a tax, substantially smaller in the respective rated capacities, on each motor vehicle not used as a common carrier for hire. Appellant contested the validity of the tax on the grounds that it was repugnant to the commerce clause of the Constitution and that it violated the equal …
Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin
Labor Law - Right Of Employer Guilty Of Unfair Labor Practices To Discharge For Illegal Acts, John C. Griffin
Michigan Law Review
During a membership drive in the Fansteel Metallurgical plants, the petitioner corporation was guilty of an unfair labor practice in that it hired espionage agents to spy upon the union. Lodge 66 attempted to bargain collectively with the petitioner and on its rejection of their offer, the union seized the key plants, effectively stopping production. The petitioner, on the union's refusal to vacate, made a blanket discharge of everyone within the plant, and secured an injunction against the union's possession. Compliance with the order was not obtained, and a writ of attachment for contempt was issued. On the second attempt …
Taxation - Public Utilities - Implied Condition In Utility Franchise Of Tax Exemption, Allen A. Rubin
Taxation - Public Utilities - Implied Condition In Utility Franchise Of Tax Exemption, Allen A. Rubin
Michigan Law Review
In 1917 the city of New York and the New York Municipal Railway Corporation, predecessor in interest of the appellant, the New York Rapid Transit Corporation, entered into a contract for the operation of part of the city's transit system. The Transit Corporation was thereby obligated to furnish its services for a five cent fare, which by city charter provision could not be changed without the approval on referendum of a majority of the qualified voters. Other relevant portions of the contract provided that the corporation should pay all taxes upon its property and taxes incurred in connection with the …
Taxation - Income Taxes - Deduction For Uncompensated Damages To Non-Business Property, Anthony L. Dividio
Taxation - Income Taxes - Deduction For Uncompensated Damages To Non-Business Property, Anthony L. Dividio
Michigan Law Review
Several years prior to 1934, the taxpayer purchased a pleasure automobile for $1,825. Its value in 1934 was $225; after a collision its value was $190. The Circuit Court of Appeals for the Second Circuit upheld the taxpayer's contention that inasmuch as a taxpayer is not allowed an annual deduction for depreciation on non-business property, the original cost of such property constituted the basis for measuring the "uncompensated loss" allowed as a deduction for income tax purposes under section 113 (b) (1) (B) of the Revenue Act of 1934. Held, the decision of the Circuit Court of Appeals should …
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.
Taxation - Interstate Commerce -Compensating Use Tax, Menefee D. Blackwell
Taxation - Interstate Commerce -Compensating Use Tax, Menefee D. Blackwell
Michigan Law Review
The California Use Tax Act of 1935 imposed an excise tax on the storage or use of personal property purchased in other states and brought into California. Plaintiff railway, engaged in both intrastate and interstate commerce, purchased supplies out of the state and imported them for the purpose of adding to and replacing worn out and broken equipment necessary for the operation of its offices and road. Some of the property acquired was stored a short period of time before it was used and some was used immediately on arrival for the purpose for which it had been imported. 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.
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
Michigan Law Review
The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …
German Social Honor Courts, Harlow J. Heneman
German Social Honor Courts, Harlow J. Heneman
Michigan Law Review
Germany's National Socialist regime has prided itself on its ability to maintain peaceful employer-employee relations at a time when other countries of the world are seriously troubled by industrial disturbances. The German government has actively intervened to see that neither employers nor workers overstep bounds set for them by Nazi social and economic policies. Dr. Robert Ley, head of the German Labor Front, has said that the government owes its success in this field to measures that are a "healthy combination of freedom and compulsion." Since Hitler's advent to power, the former organizations of both employers and employees have largely …
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens
Michigan Law Review
Who owns this automobile? is a question of frequent interest both to the state and to its citizens. Identification of it and its owner may be a leading clue to the solution of crime; its owner must often be apprehended as the first step toward punishment of one of the considerable list of offenses peculiar to the operation of motor vehicles; it constitutes an important item of taxable property. The private citizen is interested in its ownership to identify the proper defendant in his tort action; it is an obvious source of satisfaction of his claim against a debtor; or …
Corporations - Stockholders' Suits - Federal Courts -Requirement Of Stock Ownership At The Time Of The Injury Complained Of, Robert E. Sipes
Corporations - Stockholders' Suits - Federal Courts -Requirement Of Stock Ownership At The Time Of The Injury Complained Of, Robert E. Sipes
Michigan Law Review
When necessary to protect the interest of a stockholder, a court of equity will entertain an action by the stockholder to enforce a right belonging to the corporation. The suit is a derivative one, the corporation being the party primarily injured and the immediate beneficiary of the proceeds of any judgment. The basis for the suit has been explained in a number of ways. It has been held that in a proper case equity will disregard the corporate fiction and allow the derivative suit in order to protect the right which beneficially belongs to the stockholder although nominally to the …
Some Indicia Of Capital Transfers Under The Federal Income Tax Laws, Paul Harvey
Some Indicia Of Capital Transfers Under The Federal Income Tax Laws, Paul Harvey
Michigan Law Review
The fundamental difference between capital and income is recognized throughout the entire structure of the income tax law, and many decisions have distinguished between the two for the purpose of determining whether a given transaction comes within the meaning of the term "income" as used in the Sixteenth Amendment. But while recognizing the fundamental differences between capital and income, apparently the courts have been somewhat doubtful about advancing any broad, general statements by which specific transactions might be classified. While they have sometimes hesitated to call a specific item a capital transfer, they have, nevertheless, held numerous transactions involving the …
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Michigan Law Review
At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …