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Michigan Law Review

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Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet Mar 1972

Kahn, Colson, & Craven: Federal Taxation Of Estates, Gifts, And Trusts, Richard D. Hobbet

Michigan Law Review

A Review of Federal Taxation of Estates, Gifts, and Trusts by Douglas A. Kahn, Earl M. Colson, and George Craven


Books Received, Michigan Law Review Mar 1972

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Mar 1972

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Rostow: Is Law Dead?, Francis A. Allen Mar 1972

Rostow: Is Law Dead?, Francis A. Allen

Michigan Law Review

A Review of Is Law Dead? by Eugene V. Rostow


Rule-Making And The Police, Carl Mcgowan Mar 1972

Rule-Making And The Police, Carl Mcgowan

Michigan Law Review

That remarkable man, Justice Oliver Wendell Holmes, in whose name and by whose providence we are met on this occasion, had many profound perceptions about the nature of law-making. Except for the violence of the Civil War in his youth, his life was largely lived at a time and in a society which seem simple and benevolent by comparison with our own. Some of his generalizations, nevertheless, continue to define accurately the limitations under which we confront the complexities presently assailing us on every side. This is notably true of the administration of criminal justice.


Duties Of The Independent Director In Open-End Mutual Funds, Michigan Law Review Mar 1972

Duties Of The Independent Director In Open-End Mutual Funds, Michigan Law Review

Michigan Law Review

This Comment will analyze the role of independent directors in open-end mutual funds. It will consider the potential impact of recent decisions and statutory amendments and explore the possibilities of a more significant role for such directors. The discussion will focus on the following aspects of the directors' role: (1) the duty to review contractual arrangements between the fund and the external adviser; (2) the duty to serve as a "watchdog" over fund policy, brokerage allocation on portfolio transactions, and miscellaneous fund operations; and (3) the responsibilities upon the sale or merger of the investment adviser. In order to appreciate …


Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review Mar 1972

Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review

Michigan Law Review

The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …


Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review Mar 1972

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …


Fulda & Schwartz: Regulation Of International Trade And Investment, Cases And Materials, Sigmund Timberg Mar 1972

Fulda & Schwartz: Regulation Of International Trade And Investment, Cases And Materials, Sigmund Timberg

Michigan Law Review

A Review of Regulation of International Trade and Investment, Cases and Materials by Carl H. Fulda and Warren F. Schwartz


Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard Jan 1972

Mr. Justice Powell And The Emerging Nixon Majority, A.E. Dick Howard

Michigan Law Review

In recent years, we have come to expect the debate over Supreme Court nominations to reflect ideological passions in the Government and the country at large; the Fortas, Haynsworth, and Carswell cases remain fresh in memory. In the hearings on the nominations of Lewis F. Powell, Jr., and William H. Rehnquist to the Court, Senate Democratic liberals made clear their intention to probe not only the nominees' integrity and legal qualifications, but also their judicial philosophies. It was ironic, therefore, to watch as liberal members of the Judiciary Committee, through their questions and comments at the confirmation hearings, made Powell, …


Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder Jan 1972

Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder

Michigan Law Review

In this context, a study of the proposed Agreement and, more particularly, of the long history of developing United States-Canadian cooperation that preceded it may be of use. First, this United States-Canadian experience offers guidance for the solution of some of the specific problems that programs for international environmental cooperation may face: questions of framework and approach; institutional organization, function, and authority; determination of objectives; apportionment of burdens; coordination; and implementation. Second, at a time when international discussion has focused principally on global approaches to the solution of environmental problems, it calls attention to the important, if less dramatic, contribution …


Baruch: Wall Street: Security Risk, Lewis D. Lowenfels Jan 1972

Baruch: Wall Street: Security Risk, Lewis D. Lowenfels

Michigan Law Review

A Review of Wall Street: Security Risk by Hurd Baruch


Periodical Index, Michigan Law Review Jan 1972

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Front Matter, Michigan Law Review Jan 1972

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 70, Issue 3 of Michigan Law Review


The Constitutionality Of Candidate Filing Fees, Michigan Law Review Jan 1972

The Constitutionality Of Candidate Filing Fees, Michigan Law Review

Michigan Law Review

Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …


Reapportionment--Nine Years Into The "Revolution" And Still Struggling, Michigan Law Review Jan 1972

Reapportionment--Nine Years Into The "Revolution" And Still Struggling, Michigan Law Review

Michigan Law Review

Malapportioned legislative districts traditionally have inhibited the effective working of government at the federal, state, and local levels. By 1960, the population disparities among legislative districts had attained such great magnitude "that the integrity of representative government was in many instances endangered." The underrepresented victims of malapportionment sought relief through the courts. Initially the Supreme Court, ever hesitant to enter the "political thicket," declined to address itself to reapportionment controversies. This era of judicial inaction ended in 1962 with the Court's ruling in Baker v. Carr, in which the plaintiffs overcame the formidable barrier posed by the political-question doctrine. …


Territorial Restrictions And Per Se Rules--A Re-Evaluation Of The Schwinn And Sealy Doctrines, Michigan Law Review Jan 1972

Territorial Restrictions And Per Se Rules--A Re-Evaluation Of The Schwinn And Sealy Doctrines, Michigan Law Review

Michigan Law Review

Horizontal territorial restrictions have traditionally been said to be per se illegal. That is, they are illegal no matter what effect they may have on competition. The legality of vertical territorial restrictions, however, is still an unsettled issue. The past decade saw a trend toward considering such restrictions per se violations of section I of the Sherman Act. That trend culminated in United States v. Arnold, Schwinn & Co., a case better known for its speculation than its reasoning. The Supreme Court, which ostensibly announced the per se illegality of these restrictions in Schwinn, will have an opportunity …


Waltz & Inbau: Medical Jurisprudence, Marcus L. Plant Jan 1972

Waltz & Inbau: Medical Jurisprudence, Marcus L. Plant

Michigan Law Review

A Review of Medical Jurisprudence by Jon R. Waltz and Fred E. Inbau


Books Received, Michigan Law Review Jan 1972

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper Jan 1972

Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper

Michigan Law Review

A Review of Judicial Review in the Contemporary World by Mauro Cappellitti


Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig Dec 1971

Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig

Michigan Law Review

This Article will first review the legal provisions for the control of foreign investment in France and then will analyze them in light of France's position in the Common Market and its other international obligations. Finally, it will attempt to describe the developing guidelines established by the government for foreign investment and will illustrate the application of these guidelines by a survey of recent investment cases.


Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review Dec 1971

Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review

Michigan Law Review

This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.


Books Received, Michigan Law Review Dec 1971

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


The Newsman's Privilege: An Empirical Study, Vince Blasi Dec 1971

The Newsman's Privilege: An Empirical Study, Vince Blasi

Michigan Law Review

Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …


Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review Dec 1971

Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review

Michigan Law Review

This Note will outline the development and theory of corrective advertising. In particular, it will discuss the residual effects of deceptive advertising, which are the basis for a corrective remedy. The Commission's statutory authority to require corrective advertising will then be explored: the analysis will compare corrective advertising with other types of affirmative disclosure required by the Commission and relate it to the present use of divestiture as a trade regulation remedy. Finally, the possible public benefit accruing from corrective advertising will be considered, along with some thoughts on what policies the FTC should pursue in order to maximize that …


Federal Income Taxation--Section 165 (C) Loss Allowed For Securities Loaned To Brokerage Firm That Subsequently Became Insolvent And Sold The Securities To Meet The Claims Of Creditors--Stahl V. United States, Michigan Law Review Dec 1971

Federal Income Taxation--Section 165 (C) Loss Allowed For Securities Loaned To Brokerage Firm That Subsequently Became Insolvent And Sold The Securities To Meet The Claims Of Creditors--Stahl V. United States, Michigan Law Review

Michigan Law Review

It is frequently said that there are only two certainties in life: death and taxes. The Court of Appeals for the District of Columbia Circuit recently upheld a district court decision that considerably eased the latter burden for plaintiff-taxpayer in Stahl v. United States. On April 12, 1962, Mrs. Stahl, a widowed musician and music teacher, reached an agreement with Balough & Company (Balough), a Washington securities firm, under which she was to surrender to it control of securities with a market value of approximately $210,000. Balough used the securities to meet the minimum capital requirements for brokerage firms established …


Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann Dec 1971

Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann

Michigan Law Review

A Review of The Greening of American by Charles A. Reich and Beyond Freedom and Dignity by B. F. Skinner


Periodical Index, Michigan Law Review Dec 1971

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Front Matter, Michigan Law Review Dec 1971

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 70, Issue 2 of Michigan Law Review


Front Matter, Michigan Law Review Nov 1971

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 70, Issue 1 of Michigan Law Review