Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (11192)
- Constitutional Law (1622)
- State and Local Government Law (947)
- Torts (910)
- Courts (879)
-
- Contracts (846)
- Estates and Trusts (841)
- Supreme Court of the United States (837)
- Legislation (770)
- Property Law and Real Estate (747)
- Legal History (684)
- Legal Writing and Research (674)
- Criminal Law (636)
- Labor and Employment Law (625)
- Business Organizations Law (596)
- Evidence (542)
- Jurisdiction (541)
- Tax Law (500)
- Banking and Finance Law (475)
- Criminal Procedure (462)
- Civil Rights and Discrimination (461)
- Securities Law (456)
- Litigation (446)
- Law and Society (423)
- Commercial Law (421)
- Civil Procedure (418)
- Administrative Law (404)
- Fourteenth Amendment (361)
- Common Law (358)
- Comparative and Foreign Law (353)
- Keyword
-
- United States Supreme Court (404)
- Book reviews (279)
- Liability (266)
- Negligence (249)
- Michigan (245)
-
- History (241)
- Fraud (223)
- New York (205)
- Treatises (193)
- Due process (192)
- Publications (181)
- Constitution (166)
- Judicial review (157)
- Intent (149)
- Law reform (149)
- Regulation (143)
- Race and law (135)
- Fifth Amendment (133)
- Corporations (126)
- Lawyers (122)
- Law professors (120)
- State courts (120)
- Federal courts (112)
- England (109)
- Interstate commerce (108)
- University of Michigan Law School (107)
- California (96)
- Competition (96)
- Racism (96)
- Clayton Act (95)
- Publication Year
- File Type
Articles 5581 - 5610 of 12807
Full-Text Articles in Entire DC Network
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
The Minority Doctrine Concerning Direct Restraints On Alienation, Herbert A. Bernhard
Michigan Law Review
Restraints on the legal power of alienation which arise by acts of the parties can be classified into three categories: disabling restraints, forfeiture restraints and promissory restraints. A disabling restraint exists when the property involved is under a direction that it shall not be alienated. A forfeiture restraint exists when the property involved will be forfeited upon alienation of the property by the conveyee. A promissory restraint exists when the conveyee has promised not to alienate the property; it may arise out of a covenant either in the conveyance itself or in a separate contract.
Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.
Air Law - The Federal Aviation Act Of 1958, John W. Gelder S.Ed.
Michigan Law Review
On August 23, 1958 the President signed into law the most important piece of aviation legislation to come out of Congress in the past two decades. After several study groups had worked on the air safety problem, the President acted in February 1956 by appointing Edward P. Curtis as his Special Assistant for Aviation Facilities Planning. In May 1957 the now famous Curtis Report was submitted to Congress in which it was suggested that an independent aviation agency be set up by 1959. It took several major air tragedies, however, to awaken Congress and the nation to the need for …
Bankruptcy--Section 70c--Recent Reactions To Constance V. Harvey, George Sidney Buchanan Jr.
Bankruptcy--Section 70c--Recent Reactions To Constance V. Harvey, George Sidney Buchanan Jr.
Michigan Law Review
Renewed interest in section 70c has developed recently, primarily because of several significant decisions in the federal courts. It is the purpose of this comment to consider the impact of these developments on the power of the trustee to avoid otherwise valid security devices.
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh
Michigan Law Review
Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …
Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed.
Antitrust Laws - Concerted Refusals To Deal - Public Injury, Jerome S. Traum S.Ed.
Michigan Law Review
Petitioner, Klor's, Inc., a retail electrical appliance store, brought a treble damage action against Broadway-Hale, a department store chain, and against ten appliance manufacturers, alleging conspiracy to restrain and monopolize commerce in violation of sections 1 and 2 of the Sherman Act. The complaint charged essentially that Broadway-Hale, which operated a store next door to Klor's, had been able by virtue of its great buying power to induce a concerted refusal to deal on the part of major appliance manufacturers, so that they would sell to Klor's only on highly unfavorable terms if at all. Respondents submitted affidavits which showed …
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Taxation - Federal Income Tax - Lessor's Right To Depreciation Allowances Under Long Term-Lease, E. Roger Frisch S.Ed.
Michigan Law Review
Plaintiff corporation leased its entire railroad property under a long-term lease subject to termination at the election of either party, or by breach of die lessee. The lessee agreed to preserve, replace, renew and maintain the property during the term and to return it upon termination "in at least as good condition as at the beginning of the term." Plaintiff, on the other hand, agreed to reimburse the lessee for all additions and betterments to the property which passed to him upon termination. The government disallowed plaintiff's claim for a tax refund based on its right to allow for depreciation, …
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller
Michigan Law Review
Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Michigan Law Review
The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.
Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac
Constitutional Law - Import-Export Clause - Power Of State To Tax Foreign Imports Supplying Current Operating Needs, Stevan Uzelac
Michigan Law Review
Appellant imported from five countries iron ore which was stored at its processing plant and drawn upon to fill the current operational needs of the plant. When the ore arrived it was originally stored in stock piles containing a three-month supply. As needed, ores were conveyed from the stock piles to "stock bins," holding one or two days' supply and located in close proximity to the plant, from which the ores were used in the operation of the plant. The State of Ohio collected a personal property tax upon all the imported ore. In a companion case petitioner imported from …
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Hunt: Law And Locomotives: The Impact Of The Railroad On Wisconsin Law In The Nineteenth Century, Alan N. Polasky
Michigan Law Review
A Review of Law and Locomotives: The Impact of the Railroad on Wisconsin Law in the Nineteenth Century. By Robert S. Hunt.
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Restitution - Purchaser's Remedies Where Real Estate Broker Falsely Purports To Be Owner's Agent And Misrepresents Owner's Minimum Price, John W. Simpson
Michigan Law Review
Defendant, a licensed real estate broker, represented that he was exclusive agent for the sale of 72 acres of property. Plaintiff made him an offer to purchase at $4,000 per acre, but was later informed by defendant that the owner had rejected the offer, insisting on at least $5,000 per acre. Plaintiff then submitted an offer of $5,000 per acre, which defendant subsequently indicated that the owner had accepted. The deal was consummated with most of the papers handled through a third party employee of defendant. Plaintiff subsequently learned that defendant had never been the agent of the owner, had …
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 57, Issue 8 of 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.
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 57, Issue 7 of Michigan Law Review
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Michigan Law Review
A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …
Cohen, Robson & Bates: Parental Authority: The Community And The Law, Luke K. Cooperrider
Cohen, Robson & Bates: Parental Authority: The Community And The Law, Luke K. Cooperrider
Michigan Law Review
A Review of Parental Authority: The Community and the Law
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.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Michigan Law Review
The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …
Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed.
Unfair Trade Practices - Robinson-Patman Act - Exclusion Of Seller's Broker From Coverage Under Section 2, James A. Park S.Ed.
Michigan Law Review
Petitioners, a brokerage partnership acting as a seller's agent, sold a commodity to a buyer at five cents below the seller's normal price. The seller agreed to this reduction only because the petitioners agreed to reduce their commission on the sale from 5% to 3%. Thus 2.75 cents of the reduction was absorbed by the brokers and 2.25 cents was absorbed by the seller. Respondent Federal Trade Commission ordered petitioners to cease and desist from selling at such a reduction on the ground that the reduction in the regular rate of commission constituted an indirect payment by the brokers of …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 57, Issue 6 of Michigan Law Review
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
The National Labor Relations Act And Collective Bargaining, Nathan P. Feinsinger
Michigan Law Review
The purpose of this paper has been to review the policy-making decisions of the National Labor Relations Board in seeking to effectuate the duty "to bargain collectively" under the National Labor Relations Act, in order to ascertain and appraise their direction.
"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London
"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London
Michigan Law Review
Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.
Michigan Law Review
This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Michigan Law Review
United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …
Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.
Conflict Of Laws - Tort - Lex Loci Or Lex Domicilii To Determine Interspousal Capacity To Sue?, E. Roger Frisch S.Ed.
Michigan Law Review
Husband and wife, Wisconsin domiciliaries, were involved in an automobile accident in Illinois. W brought suit in Wisconsin against H's insurer for alleged injuries resulting from the accident. The trial court dismissed the complaint on the ground that Illinois law was applicable and did not give one spouse a cause of action against the other for tort. On appeal to the Supreme Court of Wisconsin, held, reversed, one judge dissenting. The Illinois Married Women's Act should be strictly construed as destroying only the remedy in the Illinois courts, but not the substantive right to relief; hence, the Wisconsin …
Constitutional Law - Commerce Clause - Power Of States To Levy Net Income Tax On Businesses Engaged In Soley Interstate Commerce, John C. Peters S.Ed.
Constitutional Law - Commerce Clause - Power Of States To Levy Net Income Tax On Businesses Engaged In Soley Interstate Commerce, John C. Peters S.Ed.
Michigan Law Review
Appellant, an Iowa corporation, maintained a sales office in Minnesota and employed salesmen who solicited orders from dealers within that state, though all of its sales contracts were made at the corporation's home office in Iowa. In accordance with a Minnesota statute, a state net income tax, fairly apportioned to the state's share of the corporation's interstate business, was levied upon appellant. In a suit brought by the state to collect this tax, appellant contended that the statute as applied violated the commerce and due process clauses of the Federal Constitution because it taxed the net proceeds of a business …
Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.
Evidence - Character Testimony - Impeachment Through Reference To Prior Specific Acts Of Defendant, Lawrence E. Blades S.Ed.
Michigan Law Review
Defendant, on trial for arson, presented a character witness who testified that defendant's reputation in the community was good. During cross-examination the prosecutor asked if the witness had heard that defendant had been arrested for or convicted of various specific crimes in other states. No objection was made by the defense, and the trial judge took no action. The witness answered no to each question, and subsequently a jury verdict of guilty was returned. On appeal, held, reversed and remanded, three judges dissenting. Failure of the trial judge, before allowing such cross-examination, to ascertain on his own motion and …
Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed.
Labor Law - Picketing - Peaceful Picketing For Recognition By Minority Union, Roger W. Findley S.Ed.
Michigan Law Review
Petitioner union was certified as exclusive bargaining representative of an employees' unit in 1953. When contract negotiations faltered, the union called a strike and began picketing the employer's retail store. The picketing continued for two years during which time the employer permanently replaced the strikers with non-union employees. In 1955 the union lost a new representation election by a vote of 28 to 1 and was decertified. When the picketing persisted, the employer petitioned the National Labor Relations Board, charging the union with an unfair labor practice. The Board, after finding that the union's objective was exclusive recognition, held that …