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Labor Law-State Court Jurisdiction Over Employee's Damage Action Against Union For Failure To Process Fully Grievance Is Not Pre-Empted By The Nlrb-Sipes V. Vaca, Michigan Law Review

Michigan Law Review

Plaintiff, discharged by his employer on the ground that he was no longer physically able to work, enlisted the aid of his union to contest the dismissal. Under the provisions of the collective bargaining agreement between the union and the employer, the union was to seek redress of employee complaints by means of a five step grievance procedure, with arbitration as the final step. The union processed plaintiff's grievance without success through the first four steps of the procedure, but refused to take the issue to the arbitral level. Plaintiff brought suit against the union in a Missouri county circuit …

Courts-State Substantive Law Applies In Non-Diversity Actions When Local Interests Predominate-United States V. Yazell, Michigan Law Review

Michigan Law Review

Respondent and her husband received an authorization for a Small Business Administration (SBA) disaster loan and were referred by the SBA Disaster Loan Office to a local counsel employed by the SBA to aid them in complying with the terms of the loan. After personal negotiations with the counsel, a promissory note was signed by the couple on SBA forms specifically tailored to conform to the requirements of state law. This contract was then submitted to the SBA along with a signed chattel mortgage on the Yazell's store fixtures and inventory and a certification by the local counsel that all …

Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer

Michigan Law Review

A Review of Diplomats, Scientists, and Politicians: The United States and the Nuclear Test Ban Negotiations by Harold Karan Jacobson and Eric Stein.

Kaiser: Planung I-Recht Und Politik Der Planung In Wirtschaft Und Gesellschaft, Hugo J. Hahn

Michigan Law Review

A Review of Planung I-Recht und Politik der Planung in Wirtschaft und Gesellschaft edited by Joseph H. Kaiser

Kant: The Metaphysical Elements Of Justice, Edwin W. Tucker

Michigan Law Review

A Review of The Metaphysical Elements of Justice by Immanuel Kant

Labor Law-Nrab Awards In Work Assignment Disputes Are Unenforceable Unless The Board Has Considered The Interest Of The Competing Union-Order Of R.R. Telegraphers V. Union Pac. R.R., Michigan Law Review

Michigan Law Review

The Order of Railroad Telegraphers filed a complaint with the National Railroad Adjustment Board (NRAB), alleging that the Union Pacific Railroad had violated its collective bargaining agreement with the union by assigning work covered by that agreement to members of the Brotherhood of Railway and Steamship Clerks. The Telegraphers sought damages in the form of back pay, but did not demand job reinstatement. Notice of the Telegrapher's claim was served on the Clerks who declined to appear before the Board since they viewed the dispute as one which involved only an interpretation of the contract between the Telegraphers and the …

Professional Ethics In Criminal Trials: A View Of Defense Counsel's Responsibility, David G. Bress

Michigan Law Review

More than thirty years ago, in Berger v. United States, Mr. Justice Sutherland described the heavy and multiple responsibility assumed by a prosecutor. The United States Attorney, he asserted, not only must be an advocate for the prosecution, but also must ensure that justice prevails. The Justice stated: "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Ftc V. Jantzen: Blessing, Disaster, Or Tempest In A Teapot?, Thomas E. Kauper

Michigan Law Review

The court concluded that the Finality Act, by repealing the existing provisions for judicial enforcement proceedings in the courts of appeals, deprived it of jurisdiction to act upon the FTC's petition. It also approved earlier decisions holding that the Finality Act procedures were not applicable to orders issued prior to the act's effective date. These two rulings, in combination, indicate that there is no enforcement machinery now applicable to orders issued under the Clayton Act prior to July 23, 1959.

The question remains, however, whether enforcement of the Clayton Act has really been hampered, and, if so, whether the pre- …

Professional Responsibility Of The Criminal Defense Lawyer: The Three Hardest Questions, Monroe H. Freedman

Michigan Law Review

In almost any area of legal counseling and advocacy, the lawyer may be faced with the dilemma of either betraying the confidential communications of his client or participating to some extent in the purposeful deception of the court. This problem is nowhere more acute than in the practice of criminal law, particularly in the representation of the indigent accused.

The Purposes Of Advocacy And The Limits Of Confidentiality, John T. Noonan Jr.

Michigan Law Review

The privilege of confidentiality between lawyer and client is a significant barrier to the search for truth and the attainment of justice. Since bankers, accountants, psychiatrists, and confessors are not entitled at common law to confidentiality in their relationships with those with whom they deal, one may well inquire why lawyers possess such an extraordinary privilege. In the early English case which established the lawyer-client privilege, counsel offered several justifications: (I) A "gentleman of character" does not disclose his client's secrets. (2) An attorney identifies himself with his client, and it would be "contrary to the rules of natural justice …

"Primarily For Sale" In I.R.C Sections 1221 And 1231 Held To Mean "Principally For Sale" Rather Than "Substantially For Sale" --Malat V. Riddell (U.S. 1966), Michigan Law Review

Michigan Law Review

Sections 1221 and 1231 of the Internal Revenue Code disqualify from capital gains treatment profits derived from the sale or exchange of property "held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business." In deciding whether these sections deny capital gains treatment to profits realized by real estate dealers from the sale or exchange of land, the circuit courts, while examining similar facts in relation to the same criteria, have reached divergent conclusions. Two recent decisions, Municipal Bond Corp. v. Commissioner and Malat v. Riddell, illustrate these discordant results. In Municipal …

Norris: A Casebook Of Complete Criminal Trials, Otis J. Smith

Michigan Law Review

A Review of A Casebook of Complete Criminal Trials by Harold Norris

Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell

Michigan Law Review

A Review of The Rule of Law in European Integration--The Path of the Schuman Plan by Stuart A. Scheingold

Identification Of Property Subject To The Federal Estate Tax, Charles L.B. Lowndes, Richard B. Stephens

Michigan Law Review

Although the federal estate tax is imposed on the "transfer" of property, the amount of the levy is a specified percentage of the taxable estate. Correct computation of the tax depends, therefore, upon accurate identification of the property included in the taxable estate. However, the determination and application of the rules governing identification are relatively uncharted areas.

Foster Parents Versus Agencies: A Case Study In The Judicial Application Of "The Best Interests Of The Child" Doctrine, Sanford N. Katz

Michigan Law Review

A recurring problem which courts face is the need to resolve the conflict which arises when foster parents challenge the decision of agencies that have disqualified these persons from continuing their relationship with or adopting their foster child. This article will explore the role of courts in resolving these disputes and will suggest some criteria by which the courts may be guided in deciding such questions.

Wills--The Receipt Of Substantial Benefits Under A Will By One In Confidential Relationship With Testator Raises A Presumption Of Undue Influence Which After Rebutting Evidence Is Introduced Remains As A Permissible Inference For The Jury--In Re Wood Estate, Michigan Law Review

Michigan Law Review

Testator bequeathed to proponent, his private secretary, a substantial portion of his estate. Contestant, testator's niece and sole heir, attacked the validity of the bequest on the grounds of proponent's alleged undue influence, and introduced evidence indicating the existence of a confidential relationship between proponent and testator. Proponent denied both the existence of a confidential relationship and the allegations of undue influence, and introduced evidence that independent counsel had advised testator in the making of his will. The trial court granted proponent's motion for a directed verdict. On appeal, held reversed, two justices dissenting. The receipt of substantial benefits under …

Bankruptcy--Bank Paying Depositor's Check After His Adjudication In Bankruptcy Is Liable To Trustee For Amount Of Check--Bank Of Marin V. England, Michigan Law Review

Michigan Law Review

Prior to filing a voluntary petition in bankruptcy, which is an automatic adjudication of bankruptcy, depositor delivered five checks to Eureka Fisheries drawn upon depositor's account in appellant Bank of Marin. Six days after the filing, Eureka Fisheries presented the checks to appellant and received payment. Appellee, depositor's trustee in bankruptcy, did not notify appellant of the bankruptcy proceedings until after appellant had honored the checks. An order was sought by appellee from the referee in bankruptcy requiring appellant, or in the alternative Eureka Fisheries, to return the amount of the honored checks to the bankrupt's estate. The referee issued …

Future Interests--Implying A Requirement Of Survival In Future Interests: Continued Confusion--Schau V. Cecil, Michigan Law Review

Michigan Law Review

Contingent future interests have caused considerable confusion in cases in which the holder of the future interest dies before the fulfillment of the condition. This confusion stems from a tendency by some courts to use the word "contingent" as a shorthand way of indicating that the interest holder must survive until a certain time or event. A future interest is correctly said to be "contingent" when it is subject to a condition, in addition to the termination of the prior estate, which must occur before the interest becomes a present estate. The two usages of the word are often overlapping, …

Labor Law--Nlrb Refuses To Apply Related Work Doctrine To Construction Site Picketing--Building And Construction Trades Council (Markwell & Hartz), Michigan Law Review

Michigan Law Review

The New Orleans Building and Construction Trades Council, an association of craft unions, was engaged in a labor dispute with Markwell & Hartz, the general contractor on a construction project. In support of its dispute with the general contractor (primary employer), the Council picketed all gates leading to the job site, although some gates had been specifically reserved for the exclusive use of those subcontractors (secondary employers) with whom the union had no dispute. Employees of the subcontractors refused to cross the picket line to perform work pursuant to their employers' contracts with the general contractor. Markwell & Hartz filed …

Notice And The "Deeds Out" Problem, William E. Ryckman Jr.

Michigan Law Review

When a grantor conveys land which has been subjected to easements or equitable servitudes in favor. of adjacent land previously conveyed by the grantor, there arises the serious question whether such interests are enforceable if the purchaser has not expressly taken the land subject to them. A cursory inspection of primary and secondary authority on the subject of easements and equitable servitudes would indicate that the answer depends upon whether, at the time of the sale, the purchaser of the "servient estate" has "notice" of the "burden" to which his land is allegedly subjected. It is the purpose of this …

Federal Registration Of Judgments Act Allows Execution Upon Foreign Judgment Although Suit On Judgment Is Time Barred In Registration State--Stanford V. Utley, Michigan Law Review

Michigan Law Review

Appellant obtained a money judgment against appellee in a Mississippi federal court and registered it the next day in a Missouri federal court, pursuant to section 1963 of Title 28 of the United States Code. Seven and one-half years later appellant gave notice in Missouri of his intention to take appellee's deposition to discover assets in that state with which to satisfy the judgment. Appellee's motion to prohibit the deposition was sustained on the ground that no execution could issue upon any assets uncovered, since under applicable Missouri law no action could be brought there on a Mississippi judgment more …

An Ex Parte Order May Not Serve The Function Of A Search Warrant Under The Fourth Amendment To Authorize A Physical Intrusion In Connection With A "Search" For Conversations--People V. Grossman, Michigan Law Review

Michigan Law Review

There was probable cause to believe that defendant Scandifia was implicated in a larceny of jewelry by false pretenses. Pursuant to section 813-a of the New York Code of Criminal Procedure, the Supreme Court in New York County issued an ex parte order authorizing the installation of an eavesdropping device in a service station owned by Scandifia. Shortly thereafter, police broke into the station's private office and installed a microphone. Conversations were overheard which indicated that defendant Grossman had in his possession two pistols received from Scandifia. An affidavit setting forth these conversations supplied the sole probable cause for a …

Private Federal Tax Rulings Are Governed By Standard Of Equality And Fairness Of Internal Revenue Code, Section 7805(B)--International Business Machines Corp. V. United States, Michigan Law Review

Michigan Law Review

In a private ruling the Commissioner of Internal Revenue concluded that certain computers produced by Remington Rand, International Business Machines' sole competitor in the manufacture of that type of computer, were not subject to a previously imposed excise tax. IBM immediately requested a similar ruling concerning its identical machines. After a 2½-year delay, the Commissioner ruled adversely on IBM's request and at the same time prospectively withdrew the favorable ruling from Remington. IBM thereupon sued to recover the tax paid during the period Remington enjoyed the exemption. The Court of Claims held, one judge dissenting, that when two taxpayers …

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.

American Bar Association Section Of Antitrust Law: Jury Instructions In Criminal Antitrust Cases, Ralph M. Carson

Michigan Law Review

A Review of Jury Instructions in Criminal Antitrust Cases by The American Bar Association Section of Antitrust Law

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 64, Issue 3 of Michigan Law Review

Citizens' Grievances Against Administrative Agencies--The Yugoslav Approach, Walter Gellhorn

Michigan Law Review

Yugoslavia, with a population of nearly twenty million, occupies a territory slightly larger than the United Kingdom. Professedly "communist" in philosophy, increasingly "democratic" in practice, it recognizes that the supposed interests of the State do not preclude attention to individual rights as well. In recent years Yugoslavia, like the United States, has earnestly sought efficient means of examining complaints about public administration. The present article sketches some of the measures that protect citizens against official abuse or mistake.

Leibholz: Politics And Law, Hugo J. Hahn

Michigan Law Review

A Review of Politics and Law by Gerhard Leibholz

Convertible Securities And Section 16(B): The Persistent Problems Of Purchase, Sale, And Debts Previously Contracted, W. Richard Keller

Michigan Law Review

In 1934, Congress enacted section 16(b) of the Securities Exchange Act in an effort to counteract the evils flowing from speculation in corporate securities by certain persons having information regarding the corporation's affairs or occupying positions of trust which permit manipulation of corporate policies. In general, section 16(b) permits the issuer, or one or more stockholders acting in its behalf, to recover any "short-swing" profit realized from purchases and sales (or sales and purchases) of the issuer's equity securities within a six-month period by directors, officers, or beneficial owners of more than ten per cent of any class of equity …

Sections 184 And 185 Of The Invention Secrecy Act--An Ambiguous And Unnecessary Obstruction To Foreign Patenting, Michigan Law Review

Michigan Law Review

Several recent decisions have revealed an ambiguity in sections 184 and 185 of the Invention Secrecy Act. Section 184 allows the filing of a patent application in a foreign country only upon receipt of a license from the Patent Commissioner or after the expiration of a six-month period which begins when the application is submitted to the United States Patent Office for examination. If this section is violated inadvertently by unlicensed foreign filing within six months of the filing in the United States Patent Office, the Patent Commissioner is empowered to issue a license that retroactively validates the prior foreign …