Digital Commons Network^™

Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.

Michigan Law Review

Two affiliated German corporations, one of which is the defendant, established a jointly owned subsidiary in New York. Three members of the subsidiary's five-man board of directors are officers or directors of the German parents, while a fourth is a former employee sent to this country to manage the subsidiary. The American company is devoted exclusively to the business of the German parents. It assists in the negotiation of contracts, although it has no power to bind the parents, advises with respect to patents, and makes infrequent sales and purchases. For these services, it receives a flat fee plus a …

Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall

Michigan Law Review

The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …

Aliens - Deportation - Activity Consituting Membership In Communist Party, Mark Shaevsky

Michigan Law Review

Petitioner, an alien who had resided in the United States since 1914, joined the Communist Party in 1935 and during that year paid dues, attended meetings, and worked briefly at an official outlet for communist literature. He terminated his relationship with the party after approximately one year. At a hearing to consider his possible deportation, the petitioner disclaimed that he had held any belief in the forcible overthrow of government, stating that he had regarded the Communist Party solely as an instrument for securing economic necessities. The Board of Immigration Appeals upheld the hearing officer's finding that petitioner had been …

Limitation Of Actions- Substantive And Remedial Statutes - Extension Of Statutory Period For Fraud, Max H. Bergman S.Ed.

Michigan Law Review

Plaintiff brought an action under the Federal Employers' Liability Act to recover damages from the defendant employer for an industrial disease allegedly contracted more than three years prior to bringing suit. Plaintiff alleged that defendant misrepresented the time within which this action could be brought and thereby tolled the three-year statute of limitations in the FELA. Held, defendant's motion to dismiss granted. The time limitation is an integral part of the statute creating a substantive right and is not extended by fraud or misrepresentation. Glus v. Brooklyn Eastern District Terminal, (S.D. N.Y. 1957) 154 F. Supp. 863.

Civil Rights - Legislation - The Civil Rights Act Of 1957, Thomas R. Winquist S.Ed.

Michigan Law Review

It is the purpose of this comment to note the nature of the prior legislation in the civil rights area, the provisions of the new act and the effect of the new act upon civil rights protection.

Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper

Michigan Law Review

A Review of The Supreme Court: Constitutional Revolution in Retrospect. By Bernard Schwartz.

Corporations - Stock Transfer - Enforceability Of Restrictions On Right Of Transfer When Not Stated On Certificate, L. Ronald Modlin

Michigan Law Review

A by-Iaw of defendant corporation provided that no stockholder could sell his shares unless he first offered them for sale to the corporation or its directors. The by-law also stated that this restriction should be printed on the stock certificates and would thereupon bind all present or future owners or holders. The corporation never complied with this latter provision. Plaintiff, having knowledge of the by-law restriction, purchased two shares of the corporation's stock, but these shares were not first offered for sale to the corporation or its directors. When the corporation refused to transfer the shares, plaintiff sued to compel …

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.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 56, Issue 4 of Michigan Law Review

The Adequacy Of State Insurance Rate Regulation: The Mccarran-Ferguson Act In Historical Perspective, Spencer L. Kimball, Ronald N. Boyce

Michigan Law Review

Any substantial inquiry into the functioning of the insurance commissioner in American society poses the question, at the threshold of the inquiry, whether state regulatory power over the insurance business is likely to continue, or whether insurance will fall increasingly under the aegis of the federal government. This article seeks to ascertain the minimum conditions for the permanent preservation of state regulatory power over the insurance business, and to determine whether they are now satisfied. These conditions may be summarily stated: the Congress of the United States has shown its willingness to apply federal antitrust and marketing legislation to the …

The Practical Location Of Boundaries, Olin L. Browder Jr.

Michigan Law Review

Early in the development of the common law of conveyancing, as everyone knows, the practice of physically consummating a conveyance by acts on the land itself was abandoned in favor of the more flexible and convenient devices authorized or required by the Statute of Uses and the Statute of Frauds. Now we do it all on paper and consummate the transaction at any convenient place. One of the requirements of this process is to make clear what land is being conveyed. So we describe the land on paper in one of the several ways which have been approved for this …

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

Labor Law - Collective Bargaining - Right Of Power Of Municipalities To Engage In Collective Bargaining, Allen C. Dewey S.Ed.

Michigan Law Review

Plaintiff, Weakley County Municipal Electric System, sought to enjoin defendant union members and unions from continuing alleged picketing, intimidation of non-strikers and other acts incidental to a strike. Defendants had gone on strike to compel plaintiffs to recognize Local Union 835, IBEW, as the bargaining agent of plaintiffs' employees and to sign a contract with the union. The chancellor granted a permanent injunction on the ground that the strike was illegal and against public policy, as a municipality has no right or power to bargain collectively. On appeal to the Tennessee Court of Appeals, held, affirmed. Even though the …

Labor Law - Union Internal Affairs - Right Of Union Members To Inspect Union Books And Exhaustion Of Internal Remedies As A Prerequisite To Judicial Enforcement Of That Right, George E. Lohr

Michigan Law Review

Plaintiff, a member of defendant labor union, requested permission to examine all defendant's financial records for a specified period. The request was refused. The constitution of the international union required members to exhaust internal remedies before resorting to the courts. Without exhausting these remedies plaintiff applied for, and received from the trial court, a writ of mandate directing that he be permitted to inspect all the defendant's records and books of account. On appeal, held, affirmed. A member of an unincorporated labor union has a right to inspect its financial records, and it would serve no useful purpose to …

Evidence - Corroboration Of Extrajudicial Confession - Quantum Of Independent Evidence Required To Sustain Conviction, Thomas A. Dieterich

Michigan Law Review

Sent to a hotel room at midnight to investigate reports of a contemplated robbery, the police found the defendant and another man, strangers in town, with loaded revolvers nearby. After defendant failed to account for the guns, the police confronted him with the robbery report, and he signed a confession. On appeal of his conviction for conspiracy to commit robbery, held, reversed, two justices dissenting in part. If evidence independent of the confession is such that reasonable minds could believe that the crime was in fact committed, the corpus delicti is sufficiently established to make the confession admissible. The …

Regulation Of Business - Securities Act Of 1933 - Sec Loses Fight To Regulate Variable Annuity, William J. Wise S.Ed.

Michigan Law Review

The defendant, Variable Annuity Life Insurance Company, regulated as a life insurance company by the District of Columbia, issued a contract which it termed an annuity, but which differed from a conventional annuity in certain important respects. Ordinary annuity premiums are invested in debt securities while the premiums paid on the variable annuity are invested in common stocks. Further, instead of benefit payments in fixed dollar amounts, the variable annuity's benefits fluctuate since the value of the fund from which they are paid is affected by changing stock prices and dividend policies. The SEC, claiming these provisions brought the contract …

Bankruptcy - Priorities - Priority Status Of Tax On Wages Earned But Unpaid At Time Of Bankruptcy, John F. Powell

Michigan Law Review

The State of California demanded that a trustee in bankruptcy pay the employer's tax due on wages earned by the employees of the bankrupt. The wages were earned within the three-month period prior to the petition in bankruptcy but had not been paid prior to bankruptcy. The trustee did not continue the operation of the bankrupt's business. The United States district court reversed the Referee and ordered the trustee to pay the tax claim. The court of appeals affirm. ed. On rehearing, held, affirmed. Since the tax is not due until the wages are actually paid, the tax accrues …

Negligence - Duty Of Care - Effect Of Time Lapse On Manufacturer's Duty, John Paul Williams

Michigan Law Review

Plaintiff suffered injuries when the fly wheel on a truck he was driving gave way, causing the truck to crash. He brought an action in damages against defendant, manufacturer of the truck, alleging defective design and manufacture of the fly wheel. The truck had been safely used for at least five years prior to the accident and had been driven 200,000 to 400,000 miles during that period. On defendant's motion for directed verdict, held, granted. There is no evidence whatever that the defendant failed to exercise reasonable care. Also, use of the truck for five years results in a …

Oil And Gas - Leases - Validity When Executed By Life Tenant And Remaindermen At Different Times, Albert A. Haller

Michigan Law Review

In 1952 plaintiffs acquired an oil and gas lease from the life tenant which they assigned two years later, reserving an overriding 1/16 royalty interest. Subject to plaintiffs' royalty rights this lease was eventually acquired by the defendant. In 1954, the remaindermen executed an oil and gas lease to defendant's wife who assigned a 7/8 working interest to eight persons, and reserved a 1/8 working interest which she later assigned to defendant, subject to a 1/16 overriding royalty interest in herself. Action was brought by plaintiffs against defendant, his wife and her eight assignees for a declaration of rights of …

Torts - Libel And Slander - Effect Of An Unsustained Plea Of Truth, Frank D. Jacobs

Michigan Law Review

Plaintiff, superintendent of a state training school for boys, was removed from that office by his superior in the state department of social welfare. The defendant corporation, publisher and owner of two newspapers in the state, published certain articles in its newspapers relating to plaintiff's conduct in office, his management of the school, and his removal from office. Plaintiff brought action of libel. Defendant, in addition to a plea of general issue, filed a plea of truth. The trial court instructed the jury that where truth is pleaded as a defense, but is not successful, such plea will sustain an …

Torts - Privacy - Collection Method, Frederic Brace S.Ed.

Michigan Law Review

Plaintiff disputed the debt which the defendant corporation asserted against her. Defendant made no attempt to recover this asserted debt by legal action but instead sent a letter to the personnel director of plaintiff's employer. This letter stated that plaintiff had refused to cooperate in reaching an amicable settlement and requested the assistance of the personnel director in collecting this "honest debt." Plaintiff was then summoned to the office of her superior and informed that the letter would be placed in her file and remain there until the asserted indebtedness had been settled. Plaintiff sought damages for an invasion of …

Workmen's Compensation - Compensability Of Injuries Resulting From Physical Examinations, Michael M. Lyons

Michigan Law Review

Plaintiff, a dairy worker, suffered an infection in her left arm as a result of submitting to a Wassermann test as ordered by her employer. The county board of health required dairy workers to take the test as a condition of their employment and the order was issued in pursuance thereof. Plaintiff filed a claim for compensation under the state Workmen's Compensation Act which was rejected by her employer but sustained upon a hearing before the state commission. Defendant's exceptions were overruled on appeal to the superior court. On appeal to the supreme court, held, reversed. The injury did …

Williston: A Treatise On The Law Of Contracts, Collins J. Seitz

Michigan Law Review

A Review of A Treatise on the Law of Contracts. By Samuel Williston.

Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.

Michigan Law Review

Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 56, Issue 3 of Michigan Law Review

Constitutional Law - Due Process - Denial Of Admission To The Bar Based On Unwarranted Inferences Of Bad Moral Character, Jerome B. Libin

Michigan Law Review

Power over admission to the bar has long been vested in the judiciary of each state. While the legislature may prescribe certain standards, the state court alone is responsible for the determination of those qualified for the practice of law within its jurisdiction. The application of these standards often demands the exercise of meticulous judgment by the court in reaching its conclusion as to an applicant's fitness. Where, on the evidence or lack of evidence presented, the court finds that it cannot in good conscience grant its approval, the candidate is denied admission. To the extent that such a denial …

International Law - Treaties - Inclusion Of Purely Domestic Matters In Reservations, Peter H. Hay S.Ed.

Michigan Law Review

In consenting to the ratification of the treaty between the United States and Canada concerning uses of the waters of the Niagara River, the Senate attached a reservation which stated that "no project for redevelopment of the United States' share of such waters shall be undertaken until it be specifically authorized by Act of Congress." On the basis of this reservation, the Federal Power Commission denied the application of the Power Authority of the State of New York for a license under the Federal Power Act covering the new flow of water made available under the treaty. On appeal to …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi

Michigan Law Review

Lawyers everywhere rely upon their books with eagerness and confidence. The larger their libraries, the better equipped they feel to answer the questions of their clients. The composition of an average library differs somewhat in France and in the United States. In this country the law reports, in their familiar, substantial and elegant bindings, are displayed on the prominent shelves, while in Europe, the law reports-often merely paper bound-are relegated to some corner. The front place is reserved for the leather bindings and the gilt letters of the treatises bearing the names of outstanding authors in the various fields of …