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Michigan Law Review

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Periodical Index, Michigan Law Review Jan 1966

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles and Comments Appearing in Leading Law Reviews

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Legal History In The High Court--Habeas Corpus, Dallin H. Oaks Jan 1966

Legal History In The High Court--Habeas Corpus, Dallin H. Oaks

Michigan Law Review

Ever since Chief Justice Marshall declared that courts could resort to the common law to determine what Congress meant by the term "habeas corpus" in a federal statute, the history of this venerable remedy has played an important role in the Supreme Court. Over the years, however, courts have moved away from using the writ of habeas corpus for its historic functions of eliciting the cause of commitment and compelling adherence to prescribed procedures in advance of trial until today it has become primarily a means by which one court of general jurisdiction exercises post-conviction review over the judgment of …

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Crewmen Under Contract To Professional Salvor May Claim Salvage Award--Nicholas E. Vernicos Shipping Co. V. United States, Michigan Law Review Jan 1966

Crewmen Under Contract To Professional Salvor May Claim Salvage Award--Nicholas E. Vernicos Shipping Co. V. United States, Michigan Law Review

Michigan Law Review

Several United States Navy store ships imperiled during a violent squall off the Greek coast were aided by two tugs outfitted with special salvage equipment and owned by Greek companies terming themselves professional salvors. The tug crewmen were the firms' fulltime employees; they were expected to undertake salvage work when available and to engage in ordinary harbor towing between salvage operations. The owners sued the United States on behalf of themselves and their crews to recover compensation for assisting the Navy. The district court, finding that the store ships had been rendered a salvage service, made separate awards to the …

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"Imminent Danger Of Addiction" As A Ground For Involuntary Commitment In California--People V. Victor, Michigan Law Review Jan 1966

"Imminent Danger Of Addiction" As A Ground For Involuntary Commitment In California--People V. Victor, Michigan Law Review

Michigan Law Review

Since the passage of the Harrison Act in 1914, the principal means of controlling drug addiction in the United States have been rigid controls on importation and domestic production of narcotics, and increasingly heavy penal sanctions for the illegal possession or sale of addicting drugs. Effective as these measures have been in restricting the domestic traffic in narcotics and driving up the price of illegal drugs, long prison sentences have not been successful in either deterring or curing drug addiction. Recognizing the unique psychological and physiological aspects of addiction, the United States Public Health Service established hospitals in the 1930's …

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Recent Books, Michigan Law Review Jan 1966

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Lockhart, Kamisar And Choper: Constitutional Law: Cases, Comments & Questions, Charles W. Quick Jan 1966

Lockhart, Kamisar And Choper: Constitutional Law: Cases, Comments & Questions, Charles W. Quick

Michigan Law Review

A Review of Constitutional Law: Cases, Comments & Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper

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Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review Jan 1966

Enforcement Procedure Of Oberlin, Ohio, Fair Housing Ordinance Held Unconstitutional--Porter V. City Of Oberlin, Michigan Law Review

Michigan Law Review

Plaintiff, a citizen of Oberlin, Ohio, brought an action for declaratory and injunctive relief to review the constitutionality of the city's fair housing ordinance, which makes it a misdemeanor to discriminate because of race, creed, or color in the sale or rental of housing. Under the procedure established by the ordinance, the Housing Renewal Commission is directed to make investigations of complaints filed with it. If violations are discovered, the commission must attempt to eliminate the discriminatory practices by conciliation and persuasion. If these efforts fail, the entire record of the matter must be forwarded to the city council, accompanied …

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"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review Jan 1966

"Runaway Shop" Must Bargain With Union Upon Request At New Site Whether Or Not Union Reacquires Its Majority Status--Garwin Corporation, Michigan Law Review

Michigan Law Review

The sole stockholder of the Garwin Corporation, a New York apparel manufacturer, caused a similar manufacturing company to be incorporated in Florida. The Garwin Corporation then terminated its New York operations, discharged its employees, and resumed operations at the Florida location. The International Ladies' Garment Workers' Union, which represented a majority of the discharged employees, filed a complaint with the National Labor Relations Board, alleging that the Garwin Corporation had violated sections 8(a)(l), (3) and (5) of the National Labor Relations Act because the relocation was motivated by anti-union animus and because the discharged employees were deprived of their rights …

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Buck: Children For Adoption, Sanford N. Katz Jan 1966

Buck: Children For Adoption, Sanford N. Katz

Michigan Law Review

A Review of Children for Adoption by Pearl Buck

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Szasz: Psychiatric Justice, Emanuel Tanay Jan 1966

Szasz: Psychiatric Justice, Emanuel Tanay

Michigan Law Review

A Review of Psychiatric Justice by Thomas Szasz

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Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review Jan 1966

Equitable Considerations Held Not Applicable To Defense Of Lack Of Overpayment--Dysart V. United States, Michigan Law Review

Michigan Law Review

Taxpayer treated the proceeds of a judgment recovered in 1954 as capital gain. Although the Commissioner of Internal Revenue did not object to the capital-gain treatment, he assessed a penalty tax for failure to report the judgment in a declaration of estimated income for 1954. In 1958 the regulation providing for the penalty tax was declared invalid, and taxpayer filed a timely claim for refund. Although an independent affirmative action by the Commissioner contesting the 1954 return would have been barred by the statute of limitations, the Commissioner disallowed the refund, contending that because the proceeds of the 1954 judgment …

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Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review Jan 1966

Conditioning Of Relief From Unenforceable Judgment Upon Showing Of Meritorious Defense To Claim Upon Which It Was Entered Can Deny Due Process Of Law--Armstrong V. Manzo, Michigan Law Review

Michigan Law Review

When petitioner and his wife were divorced in 1959 she received custody of their minor daughter, and he was ordered to contribute fifty dollars per month toward the child's support. The wife remarried and, two years after the divorce, joined in proceedings initiated by her new husband in a Texas court to adopt the child. The adoption petition alleged that, during the two-year period, petitioner had failed to support the child in a manner commensurate with his ability. Under Texas law, proof of such a charge against a natural father makes his consent to the adoption of his child unnecessary. …

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Uninsured Casualty Losses Are Within The Scope Of I.R.C. Section 1231--E. Taylor Chewning, Michigan Law Review Jan 1966

Uninsured Casualty Losses Are Within The Scope Of I.R.C. Section 1231--E. Taylor Chewning, Michigan Law Review

Michigan Law Review

Petitioners reported profits from the sale of breeding cattle as a long-term capital gain under section 1231 of the Internal Revenue Code. In the same return, petitioners deducted from ordinary income, under section 165(c)(3), losses sustained from the destruction of their uninsured residential shrubbery. The Commissioner disallowed the casualty-loss deduction from ordinary income, ruling that the loss was subject to the netting provisions of section 1231 and that, since the sale profits exceeded the casualty losses, the loss was to be characterized as a capital loss to be offset against the capital gain. Contrary to previous federal court decisions, the …

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Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady Jan 1966

Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady

Michigan Law Review

A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein

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Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii Jan 1966

Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii

Michigan Law Review

A Review of The Fundamentals of Legal Drafting by Reed Dickerson

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Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review Jan 1966

Eleventh Amendment, Judicial Code, And Federal Rules Of Civil Procedure Restrict Ability Of United States To Implead A State In Connection With Suit Commenced By A Private Citizen--Parks V. United States, Michigan Law Review

Michigan Law Review

Suit was brought by an individual against the United States under the Federal Tort Claims Act to recover compensation for property damage alleged to have been caused by the Government's negligence in constructing and maintaining the physical components\ of a flood-control project in New York. Relying upon New York's promise to hold the United States harmless on any liability arising from damage of this nature, the Government impleaded the state. On a motion before the United States District Court for the Northern District of New York to dismiss the state as a third-party defendant, held, motion granted. The Federal …

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Chroust: The Rise Of The Legal Profession In America, William Wirt Blume Jan 1966

Chroust: The Rise Of The Legal Profession In America, William Wirt Blume

Michigan Law Review

A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust

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Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D. Jan 1966

Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.

Michigan Law Review

A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur

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Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker Jan 1966

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines

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Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …

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James: Civil Procedure, Jon R. Waltz Jan 1966

James: Civil Procedure, Jon R. Waltz

Michigan Law Review

A Review of Civil Procedure by Fleming James, Jr.

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Advertised Value Of Trading Stamps Is Basis For State Sales Tax--Red Head Premium Co. V. Schneider, Michigan Law Review Jan 1966

Advertised Value Of Trading Stamps Is Basis For State Sales Tax--Red Head Premium Co. V. Schneider, Michigan Law Review

Michigan Law Review

Taxpayer, a trading stamp company, indicated in its catalog the number of stamps necessary to acquire various items of merchandise, and advertised in the catalog and on the face of each stamp that when exchanged for these items each stamp had a value of one cent. Consumers could, however, exchange the stamps for cash rather than merchandise at the rate of one mill per stamp. In addition, consumers not holding sufficient stamps to acquire a particular item of merchandise could make up the difference in cash by paying approximately two thirds of the advertised stamp value. Customers dealing strictly on …

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Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr. Jan 1966

Lafave: Arrest: The Decision To Take A Suspect Into Custody, B. J. George Jr.

Michigan Law Review

A Review of The Decision To Take a Suspect Into Custody by Wayne R. LaFave

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Holt: Magna Carta, James F. Traer Jan 1966

Holt: Magna Carta, James F. Traer

Michigan Law Review

A Review of Magna Carta by James C. Holt

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Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review Jan 1966

Income Tax-Deductions-Lessor's Amortization Of The Amount By Which The Purchase Price Of Improved Realty Exceeds The Appraised Value Of Land-Bender V.United States, Michigan Law Review

Michigan Law Review

Taxpayer, upon being informed that his tenant would not renew his lease unless he could be assured of additional parking facilities, purchased three lots adjacent to the leasehold and immediately demolished the houses thereon in order to provide the necessary space. Since the owners of these residential properties knew of taxpayer's special need, taxpayer was forced to pay substantially more than the total appraised value of the land. In computing his income tax, taxpayer sought to amortize over the life of the lease the cost of razing the buildings and the amount of the purchase price in excess of the …

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Privacy In Connecticut, Arthur E. Sutherland Dec 1965

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …

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Front Matter, Michigan Law Review Dec 1965

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 64, Issue 2 of Michigan Law Review

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Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey Dec 1965

Constitutional And Statutory Bases Of Governors' Emergency Powers, F. David Trickey

Michigan Law Review

The primary source of executive emergency power is the state constitution, although statutes often codify the constitutional executive emergency authority and occasionally delegate additional legislative police powers to the governor. Most governors are authorized to respond to public emergencies with a variety of extraordinary emergency measures. This study of state constitutional and statutory emergency power provisions has been undertaken in an attempt to evaluate the sources and scope of governors' emergency powers, as well as the limitations upon those powers. Its primary focus will be upon the extreme breadth of executive emergency authority and, in particular, upon the power to …

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Nine Justices In Search Of A Doctrine, Thomas I. Emerson Dec 1965

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …

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The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr. Dec 1965

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.

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