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Articles 5881 - 5910 of 12807
Full-Text Articles in Entire DC Network
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.
Michigan Law Review
Petitioner, a laborer in a railroad section gang, was assigned to burn weeds near a railroad track. He was injured when he fell into a culvert as he was trying to escape from smoke and flames which had been fanned by a passing train. A jury in the Circuit Court of St. Louis awarded damages under the Federal Employers' Liability Act (FELA). The Supreme Court of Missouri reversed upon the ground that the evidence was not sufficient to support a finding of the railroad's liability, and the case should not have been allowed to go to a jury. On certiorari …
Vanderbilt: Judges And Jurors: Their Functions, Qualifications And Selection, Maynard E. Pirsig
Vanderbilt: Judges And Jurors: Their Functions, Qualifications And Selection, Maynard E. Pirsig
Michigan Law Review
A Review of Judges and Jurors: Their Functions, Qualifications and Selection. By Arthur T. Vanderbilt.
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Michigan Law Review
Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …
Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.
Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.
Michigan Law Review
Prior to 1952 the judiciary had sole control of questions involving the infringement of patents. The courts evolved their own concepts and rules of interpretation without legislative guidance. The Patent Act of 1952 marked a radical departure from this policy. Section 271 of the new patent act is an attempt on the part of Congress to codify the doctrine of contributory infringement. Prior to the enactment of this section there was considerable doubt as to the scope of this doctrine and even as to its continued existence. Supreme Court recognition of the defense of patent misuse appears to have diluted …
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Torts - Recent Legislation - Parental Liability Statutes, Joseph T. De Nicola, William J. Wise, Robert C. Casad S.Ed.
Michigan Law Review
Fourteen states now have statutes imposing vicarious liability upon parents for tortious acts of their children. These statutes, with one exception, all have been enacted within the past six years, and they present the most significant attempt to date by legislatures to control the incidence and remedy the effects of juvenile vandalism. The parental liability laws vary with respect to the ages of the children covered, and they place different pecuniary limits on the extent of the parent's liability. Coverage may extend to personal injuries as well as to property damage. All except the Louisiana statute, however, apply only to …
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Pierson: The Defense Attorney And Basic Defense Tactics; Defense Law Journal, Vol.1, Marcus L. Plant
Michigan Law Review
A Review of The Defense Attorney and Basic Defense Tactics. By Welcome D. Pierson., DEFENSE LAW JOURNAL, vol. 1.
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.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 55, Issue 8 of Michigan Law Review
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Executive Compensation And Federal Securities Legislation, Myer Feldman, V. Henry Rothschild
Executive Compensation And Federal Securities Legislation, Myer Feldman, V. Henry Rothschild
Michigan Law Review
In this article we first consider the type of compensation plan or arrangement which must be registered with the Securities and Exchange Commission. We shall then outline the requirements for disclosing the plan and its terms, as imposed by federal securities legislation and administrative regulation thereunder.
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Michigan Law Review
In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …
Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.
Constitutional Law - Relation Of Federal And State Governments Applicability Of State Licensing Statute To Federal Contractors, Lee N. Abrams S.Ed.
Michigan Law Review
A contractor submitted a bid for construction of facilities at an Arkansas Air Force Base over which the United States had not acquired jurisdiction. After this bid was accepted by the federal government and work on the project had begun, the contractor was tried by the Circuit Court of Pulaski County, Arkansas, and found guilty of submitting a bid, executing a contract, and commencing work as a contractor without the license required by Arkansas law. The Arkansas Supreme Court affirmed the judgment of the trial court. On appeal to the United States Supreme Court, held, reversed. In a brief …
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Michigan Law Review
Plaintiff real estate company brought suit against the directors of a corporation and other third persons for an alleged conspiracy to induce the corporation to breach its contract with plaintiff. The complaint alleged that the corporation had entered into an agreement whereby plaintiff was to procure a purchaser for certain premises owned by the corporation and that plaintiff had found a purchaser; that before a written offer could be obtained, the corporation contracted to sell to another broker who was to be used as a conduit to transfer title to the purchaser found by the plaintiff, and who was to …
Corporations - Shareholders - Delegation Of Director's Principal Duties Insufficient To Invalidate A Voting Trust, Gerald D. Rapp
Corporations - Shareholders - Delegation Of Director's Principal Duties Insufficient To Invalidate A Voting Trust, Gerald D. Rapp
Michigan Law Review
The directors of an intermediate unit in a string of holding companies caused the corporation's sole substantial asset, the stock representing control of a subordinate holding company, to be deposited in a voting trust. Most of these directors, serving one-year terms, comprised the majority of the trustees who were to serve for the life of the ten-year trust. This act served to insulate the lower companies from the control of plaintiffs who were majority shareholders of the top holding company. The plaintiffs sought an injunction restraining the use by the trustees of the stock controlled by the trust to effect …
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Evidence - Dead Man's Statute - Interpretation Of "Transaction", Howard N. Nemerovski S.Ed.
Michigan Law Review
Plaintiff was a passenger in an automobile which collided with one driven by defendant's intestate. Both drivers were killed, and plaintiff sued defendant, administrator of intestate's estate, for personal injuries, alleging negligence. There were no other eye-witnesses to the collision, and the trial court, relying upon the Alabama dead man's statute, would not permit plaintiff to testify to any of the details or circumstances of the accident, or even to the fact that she had been involved in an accident with an automobile driven by the decedent. The jury found for defendant. On appeal, held, reversed. Plaintiff, passenger in …
Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich
Evidence - Examination Of Witnesses - Surprise As Grounds For Impeaching A Party's Own Witness, John A. Ziegler, Jr. S.Ed., Raymond Dittrich
Michigan Law Review
The defendant was convicted of the statutory rape of his stepdaughter. Immediately following the alleged offense, the victim had signed a statement accusing the defendant of the crime charged. Before the trial, however, the district attorney was advised by the defense counsel, and by the victim herself, that the written statement was not true. At the trial, when called as a witness by the commonwealth, the girl repudiated her earlier statement, whereupon the district attorney pleaded surprise and was permitted to use the prior statement to impeach. On appeal, held, affirmed. The district attorney was "actually surprised" when the …
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.
Labor Law - Nlra - "Roving Situs" Picketing As Violation Of Section 8(B)(4)(A), William K. Muir Jr.
Michigan Law Review
Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer's delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer's trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer's premises. The pickets at all times stayed within six hundred feet of the trucks. The …
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Partnership - Partnership By Estoppel -Application To Tort Actions, Thomas Erickson S.Ed.
Michigan Law Review
Plaintiff-motorist brought action against defendant who, it was alleged, owned a truck which was driven into the rear of the plaintiff's automobile. Defendant had arranged to take title to the truck from his son. The transfer was to be effective three days before the accident but was not in fact completed until after the accident. Defendant also had taken out insurance on the truck and had joined with his son in purchasing it and in taking out an ash-hauling license in which business the truck was used. Other trucks previously used in the business by defendant's son had been carried …
Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.
Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.
Michigan Law Review
John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the …
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Michigan Law Review
H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Torts - Uniform Contribution Among Tortfeasors Act - Effect Of Release On Injured Person's Claim, Herbert A. Bernhard S.Ed.
Michigan Law Review
Plaintiffs were injured in a collision involving vehicles driven by the individual defendants Hershberger and Mong. Mong settled with each of the seven plaintiffs for varying amounts, receiving from them releases which not only discharged him from all liability but also reduced the damages recoverable against Hershberger by fifty percent. Plaintiffs then sued Hershberger, who joined Mong as an additional defendant. After verdicts were rendered against both defendants, the trial court denied Hershberger's motion to compel reduction of the verdicts so that in each of the seven instances his liability would be the lesser of (a) fifty percent of the …
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Torts - Guest Act - Negligent Conduct Of The Driver, William K. Muir Jr.
Michigan Law Review
Plaintiff was a gratuitous passenger in an automobile driven by defendant. Defendant, intending to coast to his destination, turned off the ignition, removed the key, and placed it in his pocket. The removal of the key caused the steering gear to lock, and defendant was unable to avoid a collision with a tree. Plaintiff suffered injuries and brought suit. Evidence was adduced to show that in defendant's type of automobile the steering wheel was so constructed as to lock upon removal of the key. Testimony revealed that defendant understood the general operation of the lock, but that the particular mechanism …
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Michigan Law Review
Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …
Scott: The Law Of Trusts (Second Edition)., Lewis M. Simes
Scott: The Law Of Trusts (Second Edition)., Lewis M. Simes
Michigan Law Review
A Review of The Law of Trusts (second edition). By Austin Wakeman Scott
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Workmen's Compensation - Federal Employers' Liability Act - Coverage Under 1939 Amendment, Robert J. Hoerner
Michigan Law Review
In 1956 the Supreme Court handed down two decisions interpreting the 1939 Amendment to the Federal Employers' Liability Act which substantially extended the act's coverage. The purpose of this short comment is to examine this extension and its impact on the perennial controversy between advocates of the FELA on the one hand and workmen's compensation on the other.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Michigan Law Review
In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both …