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Articles 5041 - 5070 of 12807
Full-Text Articles in Entire DC Network
Federal Procedure-Jurisdiction Of District Court To Grant Declaratory Judgement To Nontaxpayer Whose Property Has Been Seized By District Director Of Internal Revenue, Philip B. Bass
Michigan Law Review
Personal property of plaintiff, a delinquent taxpayer, was seized and sold by defendant district director of internal revenue. Defendant contended that the seized property actually belonged to plaintiff's corporation, which also was delinquent in its taxes; he planned to apply the proceeds of the sale of the property against the corporation's tax liability. Plaintiff sued in federal district court for a declaratory judgment that the property belonged to him, not the corporation, and that the proceeds should be applied against his own tax liability. Plaintiff and defendant were citizens of the same state. Plaintiff sought to base federal jurisdiction either …
Taxation-Federal Tax Liens- First In Time Determines Priority Between State And Federal General Tax Lien, James B. Goodbody
Taxation-Federal Tax Liens- First In Time Determines Priority Between State And Federal General Tax Lien, James B. Goodbody
Michigan Law Review
The United States brought an action in a federal district court to foreclose a tax lien against a solvent taxpayer. Vermont held a lien against the same taxpayer for unpaid withholding taxes which antedated the federal lien, and was joined as a defendant. The state lien was authorized by a statute drawn practically verbatim from the federal tax lien statute. Thus both liens dated from a refusal to pay assessed taxes on demand, reached all interests in property of whatever nature, and were enforceable either by distraint or civil action. The state claimed priority as first in time. The United …
Compulsory Oil And Gas Unitization: Effect On Overriding Royalty Obligations- A Hypothetical Judgement Of The High Court Of Juristic Review In Peter Fox Brewing Co. V. Sohio Petroleum Co., Maurice H. Merrill
Michigan Law Review
Jus, Chief Justice. As should be well known, our practice is to sit in review of decisions presenting elements of difficulty, and concerning the propriety of which there seems reason for doubt. We have no jurisdiction to reverse, to modify, or to affirm. Our judgment must be confined to approval or to disapprobation, or to some position between these two extremes.
Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus
Constitutional Law-Self-Incrimination- Denial Of Privilege To General Partner Holding Subpoenaed Books And Records Of Limited Partnership, Roger L. Mcmanus
Michigan Law Review
A special agent of the Internal Revenue Service sought enumerated books and records of four New York limited partnerships in connection with petitioner's tax liability for prior years. A subpoena duces tecum was issued directing petitioner to produce the records, which were in his possession as general partner. Petitioner, his son, and his son-in-law were the general partners of each limited partnership involved, with limited partners ranging from twenty-five to 119 in number and capitalization from 225,000 dollars to 2,740,000 dollars. The partnerships, together with a management company, were housed in a single office with a staff of one secretary. …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Trusts-Validity Of Spendthrift Trust, Charles K. Dayton
Trusts-Validity Of Spendthrift Trust, Charles K. Dayton
Michigan Law Review
Defendant, a judgment debtor, was one of three beneficiaries of a trust agreement which granted him an income of 1,500 dollars annually until his daughter reached the age of twenty-five, at which time he was to receive one-third of the corpus. The trust agreement contained a clause prohibiting voluntary or involuntary alienation of the beneficiary's interest in the income or principal of the 91,000 dollar trust estate. Plaintiff-creditor's attempt to apply the defendant's right to receive annual income toward the satisfaction of a 41,000 dollar judgment was denied by the trial court and the Ohio court of appeals on the …
Berle: The American Economic Republic, Henry G. Manne
Berle: The American Economic Republic, Henry G. Manne
Michigan Law Review
A Review of The American Economic Republic. By Adolf A. Berle
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin
Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin
Michigan Law Review
A Review of Business Aspects of Pricing Under the Robinson-Patman Act (Trade Regulation Series). By Albert E. Sawyer
The Regulation Of Specialty Policies In Life Insurance, Spencer L. Kimball, Jon S. Hanson
The Regulation Of Specialty Policies In Life Insurance, Spencer L. Kimball, Jon S. Hanson
Michigan Law Review
Every entrepreneur is vitally concerned with selling methods. Success depends upon sales. Sales depend upon desire for the product. Desire for most products, including life insurance, is not inherent but is created by the efforts of the entrepreneur. In the case of life insurance, an effective job of creating the desire, i.e., of selling, is usually necessary to convince a prospective insurance buyer that over a long period he should allocate a significant portion of his income to the purchase of an intangible such as life insurance.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 62, Issue 2 of Michigan Law Review
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan
Michigan Law Review
The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin
Michigan Law Review
The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.
Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett
Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett
Michigan Law Review
The United States accepted the lowest bids for the supply of milk at three military installations in California. Because these bids were below the minimum prices for wholesale milk prescribed by state law, California instituted proceedings in the state courts for civil damages and injunctive relief against the successful bidders. The United States brought a separate action in a federal district court asking that the state be enjoined from applying its minimum price regulations to milk purchases by the armed services on the grounds that the military installations were federal enclaves over which the United States has exclusive jurisdiction and …
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood
Michigan Law Review
In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Michigan Law Review
An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …
Securities Regulation-Sec Rule 10b-5-Recovery By Corporation Induced By Fraud Of Insider To Issue Shares, Charles K. Dayton
Securities Regulation-Sec Rule 10b-5-Recovery By Corporation Induced By Fraud Of Insider To Issue Shares, Charles K. Dayton
Michigan Law Review
Trustees in reorganization of a corporation brought suit on its behalf to recover damages under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 of the Securities and Exchange Commission, alleging that the corporation had been fraudulently induced by defendant, its comptroller, to issue stock for inadequate consideration. Also named as defendants were the American Stock Exchange and several banks and brokers, whose alleged complicity in the improper public distribution of the shares made them parties to the scheme to defraud the corporation. On a motion by all defendants but the comptroller to dismiss the complaint for …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
This index includes articles, comments and some of the longer notes which have appeared in leading law reviews since the publication of the last issue of this Review.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Michigan Law Review
After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
Michigan Law Review
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …
Notice Requirements Of Guaranty Contracts, Richard F. Dole Jr.
Notice Requirements Of Guaranty Contracts, Richard F. Dole Jr.
Michigan Law Review
The following is an attempt to verify Corbin's educated guess through the application of factual analysis. If significant facts can be isolated which produce the same result regardless of the theory applied by the court, no real conflict can be said to exist. An initial exploration of the problems involved is a prerequisite to delineating the area in which factual analysis must be used.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 62, Issue 1 of Michigan Law Review
Federal Estate Tax-Determination Of Marital Deduction In Community Property State When Surviving Spouse Elects To Take Under Decedent's Will, Jon E. Denney
Michigan Law Review
Decedent, a Texas resident, provided that if his wife elected to take under his will she would receive one-third of the total community property and one-third of his separate estate. The remaining two-thirds of decedent's total estate was devised in trust for the benefit of his children. The widow elected to take under the will, thereby allowing her interest in the community property to pass as provided in the will. The executors claimed a marital deduction for the one-third separate property passing to the widow. Since she received less under the will than the value of her relinquished community property, …
Construction, Reformation, And The Rule Against Perpetuities, Olin L. Browder Jr.
Construction, Reformation, And The Rule Against Perpetuities, Olin L. Browder Jr.
Michigan Law Review
Not long ago, in all the commotion about the doctrine of wait-and-see, a different principle for dealing with the pitfalls in perpetuities law unobtrusively emerged. This was an adaptation of the principle of cy pres to require that provisions, void under the Rule Against Perpetuities, be reformed within the limits of that Rule so as to give effect as closely as possible to the intention of the donor.
Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick
Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick
Michigan Law Review
After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …
Right Of A Surviving Partner To Purchase A Deceased Partner's Interest Under The Uniform Partnership Act, Charles R. Frederickson
Right Of A Surviving Partner To Purchase A Deceased Partner's Interest Under The Uniform Partnership Act, Charles R. Frederickson
Michigan Law Review
This discussion is intended to demonstrate that, under the act, the likelihood of fraud should no longer be so controlling a factor as to require invariably a liquidation sale of partnership assets when a court of equity has within its supervisory powers the ability to protect fully all of the parties involved when a partnership is dissolved by death.
Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr.
Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr.
Michigan Law Review
Petitioner, a large independent oil company, owned a gasoline service station which it leased to an individual operator, reserving the right to determine certain aspects of the lessee's operations. During the lease period, a majority of the station attendants signed union authorization cards, and the union requested a meeting with the lessee for the purpose of negotiating a contract. The lessee refused to negotiate, discharged the attendants, and hired replacements. The trial examiner found that petitioner, as an employer of his lessee, had violated section 8(a)(5) of the National Labor Relations Act by refusing to bargain. On appeal, held, …
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer
Michigan Law Review
A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Michigan Law Review
Petitioner's complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or "shop right." On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner's statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff …