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Michigan Law Review

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Taxation- Federal Income Tax - Deductible Contributions To Nonqualified Profit-Sharing Plans, Robert M. Steed Mar 1960

Taxation- Federal Income Tax - Deductible Contributions To Nonqualified Profit-Sharing Plans, Robert M. Steed

Michigan Law Review

In 1942 plaintiff employer adopted a profit-sharing plan under which a percentage of each year's profits was to be deposited in irrevocable trusts for distribution to its employees in succeeding years. The plan was not "qualified" under the Internal Revenue Code. Although under the terms of the trusts each employee's rights in the fund vested at the time the contribution was made by the employer, these rights would be forfeited by voluntary resignation prior to a fixed date. In 1945 plaintiff deducted the amount contributed to the trust in that year as a contribution to a non-qualified profit-sharing plan under …

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Recent Books, Michigan Law Review Mar 1960

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed. Mar 1960

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.

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Civil Rights - Due Process - Action For Civil Conspiracy Based On Section 1983, James B. Blanchard Mar 1960

Civil Rights - Due Process - Action For Civil Conspiracy Based On Section 1983, James B. Blanchard

Michigan Law Review

In an action for damages based on sections 1983 and 1985 of the Civil Rights Act, plaintiff alleged that a county health officer and his deputy, pursuant to a conspiracy, forcibly took plaintiff to a mental hospital and confined him there for a period of two months in willful violation of a state court order requiring plaintiff to be brought before the court for a sanity hearing. Plaintiff also alleged a false return of citation to the court by the officers and an intentional suppression of facts by the officers and the examining physician regarding plaintiff's illegal detention. Plaintiff contended …

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Federal Civil Procedure - Judgments - Use Of Federal Rule 60(B)(6) To Adjust Forfeitures Downward, Cecil R. Mellin Mar 1960

Federal Civil Procedure - Judgments - Use Of Federal Rule 60(B)(6) To Adjust Forfeitures Downward, Cecil R. Mellin

Michigan Law Review

Defendant gained eight thousand dollars through thirty false cotton loan notes submitted to and paid by a government agency. The United States instituted a civil action under the False Claims Act, which provides that persons committing the prohibited acts shall pay to the United States a two-thousand-dollar forfeiture for each violation plus double the amount of damages sustained by the United States in the transactions. Judgment totalling sixty thousand dollars, or two thousand dollars on each of thirty false notes, was awarded the United States. On defendant's motion to vacate the judgment under federal rule 60 (b) (6) on the …

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Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb Mar 1960

Torts - Obstruction Of A Civil Action - Coercion By A Medical Association To Preclude Availability Of Expert Testimony In A Medical Malpractice Action, William Y. Webb

Michigan Law Review

Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause …

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Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger Mar 1960

Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger

Michigan Law Review

A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.

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Periodical Index, Michigan Law Review Mar 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.

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Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe Mar 1960

Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe

Michigan Law Review

Petitioner instituted this action before the Tax Court for a review of rulings by the Commissioner of Internal Revenue determining deficiencies in the payment of his income taxes. The Tax Court held that it was not subject to the Administrative Procedure Act and had no means whatever of bringing before it the entire record, so called, that was before the Commissioner. On appeal, held, affirmed. Judicial review of the "whole record" mentioned in section 10 (e) of the Administrative Procedure Act envisages, in the case of adjudication, a review of the record made in cases governed by sections 5, …

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Trusts - Interchangeability Of The Inter Vivos Trust And The Will - Various Tests Of Trust Validity, Stephen B. Flood S.Ed. Feb 1960

Trusts - Interchangeability Of The Inter Vivos Trust And The Will - Various Tests Of Trust Validity, Stephen B. Flood S.Ed.

Michigan Law Review

This comment will be devoted to an examination of various tests of trust validity in this setting and their relative utility as tools for analysis.

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Meiklejohn: Political Freedom, Paul G. Kauper Feb 1960

Meiklejohn: Political Freedom, Paul G. Kauper

Michigan Law Review

A Review of Political Freedom. By Alexander Meiklejohn

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Mr. Justice Cardozo, William O. Douglas Feb 1960

Mr. Justice Cardozo, William O. Douglas

Michigan Law Review

I never knew Cardozo intimately. I read most of his opinions and all of his books; and I heard him lecture. My personal association with him, however, was limited. When he came to Washington, D. C., he lived in rather lonely isolation. I visited with him occasionally in his apartment where we talked about trivial, as well as philosophical, things. He was a gentle-almost self-effacing-man. Yet he had a mind with as keen a cutting edge as any I ever knew.

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Front Matter, Michigan Law Review Feb 1960

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 58, Issue 4 of Michigan Law Review

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Business Purpose And The Subchapter S Inspired Reorganization, Eugene C. Roemele Feb 1960

Business Purpose And The Subchapter S Inspired Reorganization, Eugene C. Roemele

Michigan Law Review

The potentially advantageous treatment under subchapter S permitting certain corporations to elect to pass through corporate income and losses to the shareholder, and to avoid the corporate tax, is the result of two different pressures. Tax collector and taxpayer have long been at odds over the purported double taxation of corporate earnings. The limited disregard of the corporate entity as a taxpaying entity then becomes another phase in the cycle begun in 1936, when dividends were subjected to full taxation at the shareholder level. The more recent concern for small business and the small business man has resulted in the …

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Bid Depositories, George H. Schueller Feb 1960

Bid Depositories, George H. Schueller

Michigan Law Review

The decision by the United States District Court for the Southern District of California in the civil antitrust case of United States v. Bakersfield Associated Plumbing Contractors, Inc. brought in its wake considerable renewed interest, discussion, and activities concerning "bid depositories." This is apparent from the trade press and from inquiries reaching the Antitrust Division, including a number of requests for clearance of bid depository plans through so-called "railroad release" procedures. Even more recently, institution of the civil and criminal antitrust cases of United States v. Arizona Masonry and Plastering Contractors' Association provided further stimulation. The term "renewed" interest and …

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Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall Feb 1960

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall

Michigan Law Review

Plaintiffs, as parents of children in the public school system, sought to enjoin and have declared unconstitutional the practice of reading aloud to students each day ten verses of the Holy Bible as required by a Pennsylvania statute. The plaintiffs contended that this practice constituted an establishment of religion and a prohibition of the free exercise thereof and was therefore a violation of rights guaranteed by the First Amendment to the United States Constitution. By a three-judge district court, held, for plaintiffs. The statute violated the United States Constitution because the Bible is essentially a religious book and the …

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Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed. Feb 1960

Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.

Michigan Law Review

The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.

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Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp Feb 1960

Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp

Michigan Law Review

Plaintiff leased vacant land and erected a building thereon. At the election of the lessor the lease could be terminated upon thirty days' notice, plaintiff having the right to remove the building. Defendant issued to plaintiff a policy insuring the building against loss by fire to the extent of the cash value of the property at the time of loss, but not exceeding the repair or replacement cost, "nor in any event for more than the interest of the insured." The building was destroyed by fire and plaintiff sued to recover the full amount of the insurance. The trial court …

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Banks And Banking- Housing And Home Finance - Scope Of Insurance Coverage Of Banks Under National Housing Act, Robert L. Mclaughlin Feb 1960

Banks And Banking- Housing And Home Finance - Scope Of Insurance Coverage Of Banks Under National Housing Act, Robert L. Mclaughlin

Michigan Law Review

Borrower executed a promissory note to dealer payee, who assigned it to defendant bank. After default by borrower, plaintiff United States paid to defendant the unpaid balance in accordance with the terms of their insurance contract under Title I of the National Housing Act. The note was then transferred to plaintiff for collection. In an action by the United States against the borrower for the amount due, it was held that the note could not be enforced because of fraudulent misrepresentation by the dealer in acquiring the note, of which the insured bank and transferee government had constructive knowledge. Plaintiff …

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Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler Feb 1960

Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler

Michigan Law Review

In an effort to settle a nationwide steel strike the President invoked the "national emergency" provisions of the Taft-Hartley Act. Having made the requisite finding that the strike would "imperil the national health or safety," he appointed a board of inquiry to investigate the dispute. Upon receipt of the board's report the President directed the Attorney General to seek an injunction against the strike. Basing its determination largely upon the strike's hindrance of the national defense program, the district court found the strike would "imperil the national health or safety" and granted the injunction The court of appeals, affirming, rejected …

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Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan Feb 1960

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …

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Torts - Wrongful Death - Expected Inheritance As An Element Of Damages, James Cripe Feb 1960

Torts - Wrongful Death - Expected Inheritance As An Element Of Damages, James Cripe

Michigan Law Review

Plaintiff, the widow of a railroad employee who was killed as the result of the defendant's negligence, instituted this action under the Federal Employers' Liability Act to recover damages for his death. The lower court in awarding a judgment refused to include the plaintiff's expectancy of inheritance in the measure of damages. On appeal, held, reversed. The expectance of an inheritance from the deceased is a pecuniary benefit which the beneficiary of the action might reasonably have received if the deceased had not died of his injuries. Martin v. Atlantic Coast Line Railroad Company, (5th Cir. 1959) 268 …

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Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks Feb 1960

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …

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Taxation - Federal Estate Tax - Effect Of Presidential Freezing Orders On The Creation Of Excludable Bank Deposits For Nonresident Aliens, William Y. Webb Feb 1960

Taxation - Federal Estate Tax - Effect Of Presidential Freezing Orders On The Creation Of Excludable Bank Deposits For Nonresident Aliens, William Y. Webb

Michigan Law Review

Decedent, a citizen and resident of France, was the sole income beneficiary of a trust fund held in New York by the plaintiff as trustee. An executive order, issued pursuant to the Trading with the Enemy Act, prohibited remittance of trust income to the decedent from 1940 to the time of her death in 1946. As this income accrued, the plaintiff's trust department transferred it to the plaintiff's general banking department in its own name as trustee and subject to its order out of current banking funds. In an action by the executor of the decedent-beneficiary's estate to recover an …

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Cooper: Living The Law, John P. Dawson Feb 1960

Cooper: Living The Law, John P. Dawson

Michigan Law Review

A Review of LIVING THE LAW. By Frank E. Cooper

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Civil Procedure - Interstate Interpleader Compact, Louis Frey Feb 1960

Civil Procedure - Interstate Interpleader Compact, Louis Frey

Michigan Law Review

Five states have passed the Interstate Interpleader Compact, but Senate bills aimed at obtaining the necessary congressional consent have not been reported out of committee. The compact, designed to eliminate the problem of obtaining jurisdiction over an out-of-state claimant in a state interpleader action, would remedy situations in which the stakeholder may be subject to multiple vexation or possible double liability. The most important section of the compact provides: "Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a …

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Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley Feb 1960

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …

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Recent Books, Michigan Law Review Feb 1960

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach Feb 1960

Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach

Michigan Law Review

A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.

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Periodical Index, Michigan Law Review Feb 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.

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