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Michigan Law Review

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Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr. Jan 1961

Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.

Michigan Law Review

A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]


Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin Jan 1961

Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin

Michigan Law Review

A Review of Conservation of Oil and Gas. A Legal History - 1958. Edited by Robert E. Sullivan.


Periodical Index, Michigan Law Review Jan 1961

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.


Dawson: A History Of Lay Judges, Spencer L. Kimball Jan 1961

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson


Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg Jan 1961

Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg

Michigan Law Review

A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.


Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine Jan 1961

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …


Front Matter, Michigan Law Review Dec 1960

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 59, Issue 2 of Michigan Law Review


Dedication, Michigan Law Review Dec 1960

Dedication, Michigan Law Review

Michigan Law Review

A Tribute to E. Blythe Stason


Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger Dec 1960

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …


International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman Dec 1960

International Control Of The Safety Of Nuclear-Powered Merchant Ships, William H. Berman, Lee M. Hydeman

Michigan Law Review

In recent years we have witnessed the transition of nuclear-powered ships from an imaginative dream to an engineering reality. This vast step from the drawing board to successful operation on the high-seas has taken place in a remarkably short span of time. Nevertheless, in the :flush of enthusiasm over the technological achievement, we must not lose sight of the fact that the promise of nuclear power for the propulsion of ships will not have been fulfilled until nuclear vessels are operating safely and economically over the maritime trade routes of the world. It would be unrealistic to assume that further …


Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …


Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter Dec 1960

Constitutional Law- Due Process- Conviction Without Evidence Of Guilt, Donald A. Slichter

Michigan Law Review

Petitioner was convicted in the Police Court of Louisville, Kentucky, of two offenses. After seeing petitioner "dancing by himself" on the dance floor, the police charged him with loitering; when he became argumentative about this arrest, he was also charged with disorderly conduct. Although he protested that he had come into the restaurant where he was arrested to "wait on a bus" and have a meal, he was nevertheless taken into custody. At the trial the arresting officer testified that the manager had told him that petitioner had been there "a little over a half hour and that he had …


Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White Dec 1960

Constitutional Law- Search And Seizure- Search Incidental To An Administrative Arrest, James J. White

Michigan Law Review

As a preliminary to deportation proceedings, defendant, Rudolf I. Abel, was arrested in his hotel room by Immigration and Naturalization Service agents who acted pursuant to a valid administrative arrest warrant. After the arrest, but without a search warrant, the INS searched Abel's room and seized evidence later used in his trial for espionage. In the district court Abel moved to suppress this evidence on the theory that the search violated the fourth amendment. The district court's denial of the motion was affirmed by the Court of Appeals for the Second Circuit. On certiorari to the United States Supreme Court, …


Federal Procedure- Habeas Corpus-Custody As A Prerequisite For Jurisdiction, William C. Griffith Dec 1960

Federal Procedure- Habeas Corpus-Custody As A Prerequisite For Jurisdiction, William C. Griffith

Michigan Law Review

Having exhausted his state remedies in seeking a reversal of a 1954 conviction for forgery, petitioner applied in May 1956 for a writ of habeas corpus in a federal district court alleging, inter alia, that his conviction without benefit of counsel was a denial of due process under the fourteenth amendment. After dismissal by that court and affirmance by the court of appeals, the Supreme Court granted certiorari in March 1959. Pending a decision, petitioner completed his sentence and was released from prison. In a per curiam opinion, held, dismissed, four Justices dissenting. In a habeas corpus proceeding …


Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies Dec 1960

Labor Law-Fair Labor Standards Act-- Coverage Of Construction Workers, David G. Davies

Michigan Law Review

Respondent construction firm was engaged in building a dam, the sole purpose of which was to enlarge a reservoir that supplied water to the city of Corpus Christi, Texas. Industrial producers of goods for interstate commerce and operators of instrumentalities of interstate commerce consumed nearly half of the water supplied by the city's system. The Secretary of Labor sought an injunction against violations of the overtime provisions of the Fair Labor Standards Act The district court granted the injunction; the court of appeals reversed, relying primarily upon the "new construction" doctrine. On certiorari to the United States Supreme Court, held …


Mayers: Shall We Amend The Fifth Amendment?, B. J. George Jr. Dec 1960

Mayers: Shall We Amend The Fifth Amendment?, B. J. George Jr.

Michigan Law Review

A Review of Shall We Amend the Fifth Amendment? ? By Lewis Mayers


Recent Books, Michigan Law Review Dec 1960

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb Dec 1960

Taxation-Federal Income Tax-Strike Benefits May Be Gifts, Christopher Cobb

Michigan Law Review

Taxpayer received assistance from a labor union while he was participating in a strike called by the union. The area in which he lived had become a distressed area as a consequence of the strike, and the union had established a general program of aid for strikers with no other source of income. Both before and after he joined the union payments were made to taxpayer under this program. Taxpayer sued for a refund of the income tax he payed on the value of the assistance so received, and the jury returned a verdict in his favor, finding the payments …


Periodical Index, Michigan Law Review Dec 1960

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.


E. Blythe Stason, John R. Dethmers Dec 1960

E. Blythe Stason, John R. Dethmers

Michigan Law Review

His extreme modesty and unwillingness to advertise himself or permit others to extol him, his utter unselfishness, and his complete subordination of self and personal interests to those of the University and Law School to which he gave four decades of loyal and devoted service, have combined to leave biographical materials about Dean E. Blythe Stason, except for the most routine accounts, almost nonexistent. Writings by him are amazing in number and scope. Writings about him can scarcely be found. This is not because there is a lack of things to write about him and his many, brilliant accomplishments in …


E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers Dec 1960

E. Blythe Stason- Engineer Of Administrative Law, Ashley Sellers

Michigan Law Review

The retirement of E. Blythe Stason from the deanship of the Law School of the University of Michigan affords occasion for testimonials to him and to his work, including preeminently his enormous contribution to the improvement of both federal and state administrative law. Imposing as has been his career as the beloved and successful Dean of that superb school, his eminence among the scholars and craftsmen in administrative law was achieved before he began to occupy the Dean's chair and, God willing, he will long continue to lend his strong, skilled hands to the never-ending task of the perfection of …


Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed. Nov 1960

Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.

Michigan Law Review

Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …


Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr. Nov 1960

Negligence - Res Ipsa Loquitur - Doctine Applied Although Damage Causing Instrumentality Within The Exclusive Control Of Defendant At The Time Of The Damage, Kenneth Laing Jr.

Michigan Law Review

Seven months after defendant had installed a washbowl in a bathroom in plaintiff's house, the house was damaged by water when one of the pipes became disconnected from a faucet. During the two weeks immediately prior to the damage the house was unoccupied, but inspections were made every two or three days by plaintiff's employee. Plaintiff sued defendant to recover for the damage caused by defendant's alleged negligence in connecting the water pipe to the washbowl. In a trial to the court, the evidence tended to eliminate other possible causes of the disconnection, such as rough use or manufacturing fault. …


Taxation - Federal Income Tax- Full Payment A Prerequisite To Refund Suit, Stuart S. Gunckel Nov 1960

Taxation - Federal Income Tax- Full Payment A Prerequisite To Refund Suit, Stuart S. Gunckel

Michigan Law Review

A tax deficiency of $28,908.60 including interest was levied by the Commissioner of Internal Revenue against the petitioner for a single tax year. Petitioner paid $5,058.54 but later filed a claim for refund which was disallowed by the Commissioner. On suit by petitioner in a United States district court for the refund, the court held the petitioner was not entitled to the refund because the claimed losses were actually capital in nature. The Court of Appeals for the Tenth Circuit reversed and dismissed the complaint on the ground that the district court could not have jurisdiction until there had been …


Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed. Nov 1960

Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.

Michigan Law Review

Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners' association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association's notice were "voluntarily'' out of work and therefore …


Front Matter, Michigan Law Review Nov 1960

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 59, Issue 1 of Michigan Law Review


Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume Nov 1960

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "


Contracts-Frustration Of Purpose, T. Ward Chapman S.Ed. Nov 1960

Contracts-Frustration Of Purpose, T. Ward Chapman S.Ed.

Michigan Law Review

The purpose of this comment is to discuss the doctrine in terms of its treatment by American courts. Attention will be given to the limitations which the courts have placed upon the doctrine, the degree to which they accept the doctrine thus limited, the rationales urged for the doctrine's acceptance or rejection, and the forms in which relief is given in frustration situations.


Ball: Dynamics Of The Patent System, Robert A. Choate Nov 1960

Ball: Dynamics Of The Patent System, Robert A. Choate

Michigan Law Review

A Review of Dynamics of the Patent System. Edited by William B. Ball.


Periodical Index, Michigan Law Review Nov 1960

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.