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Articles 5911 - 5940 of 12807
Full-Text Articles in Entire DC Network
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 55, Issue 7, of Michigan Law Review
Corportations - Cumulative Voting, Classified Boards And Proportional Representation, William R. Luney S.Ed.
Corportations - Cumulative Voting, Classified Boards And Proportional Representation, William R. Luney S.Ed.
Michigan Law Review
In two recent decisions, Wolfson v. Avery and Janney v. Philadelphia Transportation Co., a constitutional provision guaranteeing to every corporate shareholder the right to cumulate his votes in an election of directors was construed in light of a statute authorizing the classification of directors and the election of only one class annually. In both, it was argued by a minority shareholder that the constitutional provision guaranteed him representation on the board proportional to his stock holdings, and that the classification statute, authorizing a reduction of the number of directors to be elected at each election, required a greater number …
Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka
Admiralty - Jones Act - Applicability To Dredge Employees As Seaman, Ross Kipka
Michigan Law Review
Petitioner, a laborer, was employed by respondent on a canal digging project. His duties were those of a handyman on respondent's dredge, which was temporarily attached to shore, and his work consisted of carrying supplies from shore to the dredge, cleaning the dredge, and doing errands ashore. The employee was not a member of a maritime union, but was a member of a laborers' union. He lived at home, worked on an eight hour shift, and brought his meals to his place of employment. He was not subject to the supervision of the officer of the dredge but received his …
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Future Interests - Construction - Implied Condition Of Survivorship, Herbert A. Bernhard S.Ed.
Michigan Law Review
Decedent's will gave the income from his estate to his widow for life. After her death the estate was to be held for an additional ten years, during which time the income was to be equally divided among his named daughters, Jennie, Bertha, Ida and Martha. At the end of the ten-year period, the estate was to be divided among the four daughters in equal shares, with the children of a daughter not surviving the ten-year period to take her share. Martha died three years after decedent's widow died. Plaintiff, as administrator of Martha's estate, objected to the payment by …
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Michigan Law Review
A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …
Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer
Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer
Michigan Law Review
Plaintiff brought an action for damages and the cancellation of certain instruments under section 10 (b) of the Securities Exchange Act of 1934 and rule X-10B-5 promulgated thereunder by the Securities and Exchange Commission. She proved a series of interrelated acts which took place over a period of months by which the defendants fraudulently deprived her of both securities and other property. The defendants objected to the jurisdiction of the district court on the ground that rule X-10B-5 was not applicable to transactions involving non-securities. The district court retained jurisdiction on the theory that all of the acts complained of …
Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.
Constitutional Law - Due Process - Adequacy Of Notice By Publication, Cyril Moscow S.Ed.
Michigan Law Review
In condemnation proceedings instituted by a city against a landowner, notice of proceedings to determine his compensation was given only by publication in the official city newspaper. The statute in force called for notice either in writing or by publication. After the time authorized for appeal from a compensation award had elapsed, the landowner brought an equitable action to enjoin the city from entering upon the property, alleging that he knew nothing of the condemnation proceedings until after the time for appeal had passed. The trial court denied relief, holding that the newspaper publication was sufficient notice to meet due …
Corporations - Liquidation Upon Deadlock In Closely-Held Corporation - Interpretion Of Wisconsin Statute, Strong V. Fromm Laboratories,, Paul Komives
Michigan Law Review
Plaintiff, as trustee of an estate, held fifty percent of the shares of a going corporation. An election to fill all four positions on the corporation's board of directors was held. Since a by-law required that directors be shareholders, plaintiff was the only member of his own faction for whom he could vote. The opposing faction, holding the remaining fifty percent of the shares, had four eligible candidates. Votes for each of the four were cast, with one receiving one vote less than the other three. Plaintiff voted all of his shares for himself and also cast a vote of …
Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.
Municipal Corporations - Police Power - Constitutional Validity Of Curfew Ordinance, John A. Ziegler S.Ed.
Michigan Law Review
Appellant-petitioner was charged with a violation of a city ordinance making it a misdemeanor to assist any minor under the age of seventeen to violate the curfew laws. The curfew ordinance prohibits minors under the age of seventeen from being in any public place between IO P.M. and 5 A.M. unless accompanied by parent or guardian, or unless the presence of the minor is connected with and required by some legitimate business, trade, profession or occupation in which the minor is engaged. Petitioner moved to dismiss the complaint at the preliminary hearing on the grounds that the ordinance was an …
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Regulation Of Business - Robinson-Patman Act - Injury To Competition Between Buyers Of Auto Parts, A. Duncan Whitaker S.Ed.
Michigan Law Review
Petitioner manufactured and sold automobile parts to distributors who resold them to jobbers in interstate commerce. The products were classified into three lines: leaf spring line, coil action line, and piston ring line. A progressive, cumulative discount was given in each line, based upon the aggregate yearly purchases of either a single buyer or a group-buying organization. The Federal Trade Commission charged petitioner with price discrimination in violation of the Robinson-Patman Act. Every customer who testified at the hearing denied that he had been injured competitively by the petitioner's pricing practices. Nevertheless, in view of the substantial price differentials, the …
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Michigan Law Review
Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Michigan Law Review
It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.
Regulation Of Business - Sherman Act - Concerted Refusals To Deal Not Illegal Per Se, Gerald D. Rapp
Regulation Of Business - Sherman Act - Concerted Refusals To Deal Not Illegal Per Se, Gerald D. Rapp
Michigan Law Review
The government sought an injunction restraining the members of an organization of independent insurance agents responsible for writing nearly 80 percent of the fire insurance in the Cleveland, Ohio, area from carrying out association regulations. Adherence to the rules was challenged as a conspiracy in restraint of trade and an attempt to monopolize in violation of sections 1 and 2 of the Sherman Act. The regulations were designed to prevent the members from representing (1) mutual insurance companies, (2) branch office companies which contribute to the agents a portion of their overhead expense and, (3) insurance companies which operate branch …
Torts - Federal Tort Claims Act - Liability Of United States For Negligence Of Government Firemen, James M. Porter S.Ed.
Torts - Federal Tort Claims Act - Liability Of United States For Negligence Of Government Firemen, James M. Porter S.Ed.
Michigan Law Review
Plaintiff brought suit under the Federal Tort Claims Act against the United States for damages resulting from the negligence of the United States Forest Service in combating a fire that destroyed plaintiff's property. The Forest Service had entered into an agreement with the State of Washington to prevent and suppress any fires in the area in which plaintiff's land was situated. The federal district court dismissed the complaint for failure to state a cause of action and the court of appeals affirmed. On certiorari, to the United States Supreme Court, held, judgment vacated and case remanded to the district …
Simes & Smith: The Law Of Future Interests, Bertel M. Sparks
Simes & Smith: The Law Of Future Interests, Bertel M. Sparks
Michigan Law Review
A Review of The Law of Future Interests. 4 vols. By Lewis M. Simes and Allan F. Smith.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.
Future Interests - Rule Against Perpetuities - Recent Kentucky Legislation Pertaining To Administrative Contingencies, Jules M. Perlberg S.Ed.
Michigan Law Review
A recent Kentucky amendment to its perpetuities statute follows the lead of Illinois in seeking a legislative solution to the problems inherent in applying the rule against perpetuities to administrative contingencies. The amendment provides, inter alia, that the vesting of any limitation of property "shall not be regarded as deferred for purposes of the rule against perpetuities or regarded as a suspension of the power of alienation of title to property merely because the limitation is made to the estate of a person, or to a personal representative, or to a trustee under a will, or to take effect on …
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.
Labor Law - Collective Bargaining - Duty Of Employer To Substantiate Claim Of Inability To Pay, John Fildew
Labor Law - Collective Bargaining - Duty Of Employer To Substantiate Claim Of Inability To Pay, John Fildew
Michigan Law Review
A union had been recognized by an employer for three years. Pursuant to a reopening clause in the current contract the union asked for a IO-cent wage increase. The company maintained that it was paying above average wages and could not afford more than a 2½-cent hourly raise. When the union asked to be shown the company's books as proof of this claim of inability to pay, the company refused on the ground that the union had no legal right to such information. The National Labor Relations Board found that the company had failed to bargain in good faith with …
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Lecht: Experience Under Railway Labor Legislation, Sylvester Petro
Michigan Law Review
A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 55, Issue 6 of Michigan Law Review
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein
Michigan Law Review
On October 26, 1956 seventy states signed an international agreement described as the Statute of an International Atomic Energy Agency. This signing followed a conference of over a month in which eighty-two states participated. All of the participating states supported the text which resulted from this conference-a truly remarkable result considering that the subject of the conference was atomic energy with its far-reaching international security implications.
Required Joinder Of Claims, Dieter L. Hoegen
Required Joinder Of Claims, Dieter L. Hoegen
Michigan Law Review
This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.
Regulation Of Business-Civil Actions Under Section 3 Of The Robinson-Patman Act, Richard E. Day S.Ed.
Regulation Of Business-Civil Actions Under Section 3 Of The Robinson-Patman Act, Richard E. Day S.Ed.
Michigan Law Review
In Nashville Milk Co. v. Carnation Co. plaintiff sought to recover treble damages and asked injunctive relief, claiming defendant had sold filled milk at unreasonably low prices for the purpose of destroying competition by plaintiff in its sale of a like product in violation of section 3 of the Robinson-Patman Act. In affirming an order dismissing the complaint, the Court of Appeals for the Seventh Circuit held that a private action may not be maintained for a violation of section 3 of the Robinson-Patman Act. That very same week, the Court of Appeals for the Tenth Circuit reached a contrary …
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Michigan Law Review
Respondent railroads sued in the Court of Claims to recover from petitioner United States, as shipper, the difference between actual tariff payments and those allegedly due on shipments of aerial bomb cases containing napalm gel. Petitioner alternatively asserted that (1) since the bombs as shipped were non-explosive, respondent's advocated classification as "incendiary bombs" was inapplicable, or (2) if such classification were held to apply, then the rate was unreasonable, and preliminary resort to the Interstate Commerce Commission must be had for a determination of reasonableness. On certiorari from summary judgment for respondent, held, reversed. The commission has exclusive primary …
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Aviation Law - Tort Liability For Damage To Persons Or Property On The Ground - Res Ipsa Loquitur, Allan L. Bioff
Michigan Law Review
Plaintiff's fishing vessel was struck and sunk by a practice bomb released from a Marine Corps aircraft. An action was brought against the government under the Federal Tort Claims Act. Plaintiff could produce no proof of negligence on the part of the government. Held, recovery allowed. The doctrine of res ipsa loquitur is applicable. Goodwin v. United States, (E.D. N.C. 1956) 141 F. Supp. 445.
Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer
Eminent Domain - Restrictive Covenants - Compensability Of Equitable Servitudes, Thomas A. Troyer
Michigan Law Review
During appellee sanitation district's negotiations for the purchase of a tract of land owned by one Peterson, the eighteen appellants and thirty-seven other owners of land in the vicinity of Peterson's tract executed with Peterson and each other reciprocal covenants whereby each party agreed that his land should be restricted to certain uses, the use contemplated by appellee for Peterson's land being specifically excluded. When appellee and Peterson failed to reach an agreement in their negotiations and appellee filed a petition for condemnation of the land, appellants presented a cross-petition to the trial court, requesting that they be allowed to …
Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.
Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.
Michigan Law Review
An insolvent debtor, who owed some $3,500 on plaintiff's partially-collected judgment, executed an instrument assigning to another creditor, a bank, all moneys due and to become due to the debtor under an existing contract, expressly as security for payment of the debtor's present and future indebtedness to the bank. The contract obligor was notified of the assignment, and thereafter the bank collected the amounts periodically accruing under the contract. The bank applied part of these collected amounts to the balance that the debtor owed the bank. The rest was either handed over to the debtor or credited to his general …
Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.
Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.
Michigan Law Review
The employer and the union were covered by a contract which contained a no-strike clause. In spite of this agreement, buffers in the employer's plant walked off their jobs when a blower in the buffing room failed to carry away dust and cool the area properly. The trial examiner found that the walkout was a protected concerted activity and not a strike, and that the employer had therefore committed an unfair labor practice by refusing to permit the buffers to return to their jobs when the blower had been repaired. On exceptions taken to these findings, the NLRB reviewed and …
Real Property - Easements - Implied Easement Of Access , Created By Conveyance With Reference To Plat, As Surviving Vacation Of Street, Allen Dewey
Michigan Law Review
Plaintiff sued to recover his deposit and search fee on a contract for the purchase of lands, a valuable part of which lay within the limits of two vacated streets. He contended the title was unmarketable because all owners of lands conveyed with reference to a plat showing these streets had by those conveyances acquired easements of access which survived the subsequent vacation of the streets by municipal authorities. The vacated streets had never been used and there were no physical indicia of them. Evidence showed all the lots on the map had access to the public highway system without …