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Articles 5341 - 5370 of 12807
Full-Text Articles in Entire DC Network
Constitutional Law - Citizenship - Draft -Avoidance Statute Declared Unconstitutional, Ralph L. Wright
Constitutional Law - Citizenship - Draft -Avoidance Statute Declared Unconstitutional, Ralph L. Wright
Michigan Law Review
In 1951 plaintiff, a native-born American citizen, went to England for temporary work, as a physician and research physiologist. In 1953 his draft board ordered him to report for induction but he failed to comply with the order. The State Department then issued an administrative order expatriating plaintiff for remaining outside the United States for the purpose of avoiding service in the armed forces in violation of section 349 (a) (10) of the Immigration and Nationality Act of 1952. In a declaratory judgment suit before a three-judge court, held, section 349 (a) (10) is unconstitutional. Expatriation of United States …
Taxation - Federal Income Tax - Published Opinions Of The New Tax Officialdom: A Review, David G. Hill S.Ed.
Taxation - Federal Income Tax - Published Opinions Of The New Tax Officialdom: A Review, David G. Hill S.Ed.
Michigan Law Review
President John F. Kennedy has appointed as his principal tax officials two men who have long been on record as proponents of tax reform. This comment is a collection and, to a small extent, an analysis of the opinions found in their published statements on taxation. Stanley S. Surrey, fifty-year-old Assistant Secretary of the Treasury for Tax Policy, first served with the Treasury Department in 1937. He was Tax Legislative Counsel from 1942 to 1947 and later served as Special Counsel to the House Ways and Means Subcommittee on Administration of the Revenue Laws. He also has served as Reporter …
Constitutional Law - Eminent Domain - Extension Of Fifth Amendment "Taking" To Include Destruction Of Lien Right By The Doctrine Of Immunity Of Government Property From Attachment, Henry J. Price
Michigan Law Review
Upon default of the contracting shipbuilder, the United States acquired title to certain materials in accordance with a contract provision. Petitioners, who had previously acquired materialmen's liens on these materials, claimed that assertion of the doctrine of immunity of government property from attachment resulted in a "taking" of their liens in violation of the fifth amendment. This was rejected by the Court of Claims. On certiorari to the United States Supreme Court, held, reversed, three Justices dissenting. Since the builder had title at the time the materials were furnished, the property was not a "public work" and thus the …
Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss
Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss
Michigan Law Review
In accordance with a scheme of federal ship inspection, appellant possessed certificates which permitted its ships to operate on the Great Lakes and which specified the type of boiler which might be used. While two of its ships were docked in Detroit, smoke was emitted from their boilers in violation of the minimum density and duration requirements of the Detroit Smoke Abatement Code. The equipment which appellant was then using made compliance with the ordinance impossible. When criminal proceedings were instituted against appellant, it brought an action to enjoin the City of Detroit from enforcing the ordinance on the theory …
Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff
Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff
Michigan Law Review
A Review of Michigan Negotiable Instruments and the Uniform Commercial Code. By Roy L. Steinheimer.
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.
Tingle: The Stockholder's Remedy Of Corporate Dissolution, Hugh L. Sowards
Tingle: The Stockholder's Remedy Of Corporate Dissolution, Hugh L. Sowards
Michigan Law Review
A Review of The Stockholder's Remedy of Corporate Dissolution. By James O'Malley Tingle
Henkin: Arms Control And Inspection In American Law, Eric Stein
Henkin: Arms Control And Inspection In American Law, Eric Stein
Michigan Law Review
A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.
Federal Estate Tax - Marital Deduction - Annuity For Life With Guaranteed Certain Payments Not Divided Into Two Properties By Insurer's Accounting Treatment, William S. Bach
Michigan Law Review
Plaintiff, executor of decedent's estate, brought suit to recover an overpayment of federal estate tax. Decedent had purchased a life insurance policy and had elected an option under which proceeds would be paid to his wife in monthly payments for her life; however, the option also guaranteed a minimum of 240 payments. In the event the wife died before 240 payments were made, payments were to continue to decedent's daughter, or on the death of both wife and daughter, the commuted value of the remaining guaranteed payments would be paid in lump sum to the estate of the survivor. The …
Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.
Federal Antitrust Law - Stockholders' Remedies For Corporate Injury Resulting From Antitrust Violations: Derivative Antitrust Suit And Fiduciary Duty Action, William Y. Webb S.Ed.
Michigan Law Review
The question of what remedies are available to a stockholder whose corporation has been injured or is threatened with injury by acts violative of the federal antitrust laws is largely unexplored. The staggering fines suffered by a number of corporations in the recent electrical industry criminal antitrust convictions demonstrate, however, that the question is both timely and important. Moreover, its answer could have a great impact both upon the means of protecting corporate minority rights and upon the means of private enforcement of the federal antitrust laws. The stockholders' derivative suit affords two remedies which deal with these two points …
Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas
Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas
Michigan Law Review
County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the …
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Habeas Corpus - Procedural Prerequisites - Motion Denied For Failure To Appeal Convicion Despite Failure Being Excusable, Harvey O. Mierke Jr.
Michigan Law Review
Plaintiff was convicted of robbery in a federal district court and, although represented by counsel, failed to appeal within the statutory ten-day period. Three months later he filed a motion in the same court under section 2255 of the judicial code to vacate the sentence on the ground that the conviction, because it was based on a coerced confession, was unconstitutionally obtained without due process of law. The motion was denied and the denial affirmed, in the absence of any attempt to excuse the failure to appeal. On reargument, plaintiff attempted to excuse his failure to appeal by alleging that …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 59, Issue 5 of Michigan Law Review
Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff
Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff
Michigan Law Review
Although this article is mainly oriented toward the legal materials of one jurisdiction, the presence of a fairly common background of uniform acts makes it relevant to other jurisdictions, except where there are contrary interpretations of a particular statutory provision. Therefore, parallel citations to the various uniform acts have been provided with the hope that this article will be of assistance to other groups attempting to evaluate article seven of the Uniform Commercial Code.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Michigan Law Review
Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …
No-Strike Clauses In The Federal Courts, Frank H. Stewart
No-Strike Clauses In The Federal Courts, Frank H. Stewart
Michigan Law Review
One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Evidence--Attorney-Client Privilege -- Identiy Of Client Held Privileged, Michael M. Hughes
Michigan Law Review
Petitioner attorney was retained by an organization of fruit merchants to investigate parking conditions on the New York piers which prevented its members from attending the daily fruit auctions, and to take steps to remedy this situation. During his investigations petitioner learned from one of his employers that two local politicians were being paid to allow certain large trailer trucks to continue parking illegally on the piers. The attorney reported this information to city officials. He was subsequently subpoenaed to testify on the matter before respondent, New York City Commissioner of Investigation, who was conducting an inquiry into waterfront conditions. …
Associations-Expulsion, Suspension, Or Exclusion Of Members-Physician's Right To Membership In County Medical Society, David K. Kroll
Associations-Expulsion, Suspension, Or Exclusion Of Members-Physician's Right To Membership In County Medical Society, David K. Kroll
Michigan Law Review
Plaintiff had satisfied all state requirements for the practice of medicine on the basis of work at an osteopathic college and residency at an osteopathic hospital, and had received a state license to practice medicine and surgery. Subsequently, plaintiff attended an AMA accredited medical college which awarded him a degree based in part on his osteopathic training. The Middlesex County Medical Society refused to admit plaintiff into active membership because he had not fulfilled the membership requirement of four years of study in a medical school approved by the AMA. As a result, two private hospitals terminated plaintiff's staff membership …
Insurance-Regulation Under The Mccarran-Ferguson Act-Ftc Jurisdiction Not Ousted By A State Statute Proporting To Control Deceptive Advertising Mailed To Other States, Thomas D. Heekin
Michigan Law Review
Petitioner issued a cease-and-desist order prohibiting respondent from making statements in its advertising materials which violated the Federal Trade Commission Act. Respondent, a Nebraska health insurance company, mailed its circulars to residents of every state. The McCarran-Ferguson Act provides that "the Federal Trade Commission Act ... shall be applicable to the business of insurance to the extent that such business is not regulated by State law." A Nebraska statute prohibits an insurer domiciled there from engaging in unfair business practices in any state. In an action to set aside the FTC cease-and-desist order, the Court of Appeals for the Eighth …
Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman
Labor Law- Railway Labor Act-Union Referendum Provisions As An Indication Of Failure To Bargain In Good Faith, Paul D. Borman
Michigan Law Review
In negotiations arising out of a "major dispute" under the Railway Labor Act, defendant's union representatives were prohibited by a provision in the union constitution from reaching any final agreement without the proposals having first been adopted by a majority vote of the union membership. At the bargaining table, the union representatives presented no specific proposals or counter-proposals; when a management offer was made and presented to the union membership, the representatives refused either to sign it or to recommend its adoption. The management proposal was defeated at the union referendum, and a strike date was set. Plaintiff railroad sought …
Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.
Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.
Michigan Law Review
Plaintiff attorney was retained by a Spanish seaman to prosecute personal injury claims under the Jones Act and the general maritime law. Defendant shipping company induced the seaman to fire his lawyer and to recover instead under his Spanish employment contract. Plaintiff sued the shipping company in tort for interference with contractual relations. In a federal diversity suit, held, for plaintiff. Federal common law should be applied to determine the validity of the contract and the claim of tortious interference with it. Greenberg v. Panama Transp. Co., 185 F. Supp. 320 (D. Mass. 1960).
Taxation-Federal Income Tax-Corporation Held Not Collapsible Where View To Sell Arose After Construction Completed, Amalya L. Kearse
Taxation-Federal Income Tax-Corporation Held Not Collapsible Where View To Sell Arose After Construction Completed, Amalya L. Kearse
Michigan Law Review
Petitioners had formed a corporation for the purpose of building and operating a housing project. After the construction was completed and most of the apartments rented, small cracks were discovered in the buildings. Without soliciting engineering or other technical opinion, petitioners sold their stock in the corporation. The Tax Court upheld respondent-commissioner's taxing the profit from the sale of stock as ordinary income rather than capital gain, on the theory that the corporation was "collapsible" under section 117 (m) of the Internal Revenue Code of 1939. On appeal, held, reversed. Since the view to the sale of stock did …
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.
Macdonald: Fraud On The Widow's Share, Max Rheinstein
Macdonald: Fraud On The Widow's Share, Max Rheinstein
Michigan Law Review
A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald
Kimball: Insurance And Public Policy, Albert A. Ehrenzweig
Kimball: Insurance And Public Policy, Albert A. Ehrenzweig
Michigan Law Review
A Review of Insurance and Public Policy. By Spencer L. Kimball.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 59, Issue 4 of Michigan Law Review
The Rule Of Law In Historical Perspective, W. Burnett Harvey
The Rule Of Law In Historical Perspective, W. Burnett Harvey
Michigan Law Review
Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
Michigan Law Review
For a long time, people have been talking about the executive department of government and the Rule of Law. Indeed, the suggestion of Aristotle that government should be by law, and not by men, represented a protest directed to the earlier Grecian systems of despotically controlled administrative law. It is my privilege this afternoon to carry forward the discussion of a problem that has been talked about for some two thousand years: how to apply the Rule of Law to the executive agencies of the government. They are commonly called "independent agencies" within the executive branch. I suggest that the …