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Articles 6181 - 6210 of 12807
Full-Text Articles in Entire DC Network
Contracts - Restraint On Employee's Rights To Enter Competing Business - Partial Enforcement Of Restraint Indivisible By Its Own Terms, William R. Jentes S.Ed.
Contracts - Restraint On Employee's Rights To Enter Competing Business - Partial Enforcement Of Restraint Indivisible By Its Own Terms, William R. Jentes S.Ed.
Michigan Law Review
A provision in defendant's employment contract stated that if he ceased to be employed by plaintiff for any reason, he would not "for a period of ten years thereafter" enter into a competing business. The trial court denied plaintiff's request for injunctive relief against defendant's violation of this restriction. On appeal, held, reversed, one justice dissenting. An employer can obtain partial enforcement for a reasonable time of an employee's agreement not to enter into a competing business, even though the restraint as agreed upon by the parties is unreasonable and is not made divisible by its own terms. Fullerton …
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Criminal Procedure - Searches And Seizures - Admissibility Of Evidence Obtained Through Unlawful Search And Seizure, Neil Flanagin S.Ed.
Michigan Law Review
Defendants were prosecuted and convicted of conspiring to engage in horserace bookmaking and related offenses. The police had secured evidence of defendants' activities by concealing a listening device in premises occupied by them and also by unauthorized and forcible searches. The trial court admitted the evidence so obtained, notwithstanding the fact that the police action in securing it was clearly in violation of both federal and state constitutions and statutes. After conviction, the trial court denied defendants' motion for a new trial. On appeal, held, reversed, three justices dissenting. Evidence obtained in violation of the defendants' constitutional rights is …
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Evidence - Physician - Patient Privilege - Applicability To Communication Between State Mental Hospital Psychiatrist And Criminal Internee, Norman A. Zilber S.Ed.
Michigan Law Review
Defendant was committed to a public mental hospital before standing trial on an indictment for robbery. One year later he was brought to trial after being discharged from the hospital as mentally competent. His only defense was insanity. The psychiatrist who had been appointed by the court to examine the defendant testified in support of this defense. The prosecution, in turn, introduced the testimony of the hospital psychiatrist who had attended the defendant during his internment. This psychiatrist was instructed by the trial court that communications between him and the defendant were not privileged. Accordingly, he testified that the defendant …
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Labor Law - Federal Procedure - Stay Of State Court Proceedings Involving Matters Within The Exclusive Jurisdiction Of The Nlrb, Arne Hovdesven S.Ed.
Michigan Law Review
Richman Brothers sought and was granted a state court injunction against organizational picketing conducted by the union. The complaint alleged acts which were unfair labor practices under section 8 (b) (2) of the amended National Labor Relations Act. The union, after failing to obtain removal of this action, unsuccessfully applied for a federal district court injunction against the state court proceedings. On appeal, held, affirmed. Section 2283 of the Judicial Code prevents a federal court injunction of a state court proceeding, despite the fact that the activities involved are within the exclusive jurisdiction of the National Labor Relations Board. …
Regulation Of Business - Fair Trade Laws - Application Of The Mcguire Act To Mail Order Sales Emanating In A Non-Fair Trade Jurisdiction, Lawrence W. Sperling S.Ed.
Regulation Of Business - Fair Trade Laws - Application Of The Mcguire Act To Mail Order Sales Emanating In A Non-Fair Trade Jurisdiction, Lawrence W. Sperling S.Ed.
Michigan Law Review
Defendant's store was located in the District of Columbia, a jurisdiction which does not have a statute permitting resale price maintenance. The defendant sent advertising and made mail order sales of plaintiff's product to consumers in Maryland, at prices below the resale price established by the plaintiff in accordance with the Maryland Fair Trade Act. Plaintiff sued to enjoin such advertising and sales on the ground that they were violations of the Maryland statute. On defendant's motion to dismiss, held, overruled without prejudice. On the main point in issue, however, the court ruled that neither the Maryland Fair Trade …
Taxation - Federal Estate Tax - Deductibility Of Contingent Bequests To Charity, Jack G. Armstrong S.Ed.
Taxation - Federal Estate Tax - Deductibility Of Contingent Bequests To Charity, Jack G. Armstrong S.Ed.
Michigan Law Review
Testator bequeathed a remainder interest to charitable organizations which was contingent upon her sister, age eighty-two, predeceasing two other women, ages sixty-seven and sixty-eight. The Commissioner disallowed a deduction for this bequest on the ground that it was not certain that charity would receive any benefit. In the district court the parties stipulated that there was an eleven to one chance that charity would receive the bequest. On the basis of this stipulation the district court found for the taxpayer. On appeal, held, reversed. In order for a deduction to be allowed the possibility that charity will not take …
Torts - Master And Servant - Payment Of Social Security Tax As Evidence Of Relationship, Irving L. Halpern S.Ed.
Torts - Master And Servant - Payment Of Social Security Tax As Evidence Of Relationship, Irving L. Halpern S.Ed.
Michigan Law Review
Plaintiff's decedent was killed when his tractor-truck collided with an automobile driven by defendant's salesman. In an action to recover damages for the death of decedent, the trial court submitted to the jury, as evidence bf a master-servant relationship, the payment of social security taxes by the defendant on behalf of the salesman. Judgment was rendered for the plaintiff. On appeal, held, the record of social security payments by defendant on behalf of its salesman was properly submitted to the jury as evidence of a master-servant relationship. Peetz v. Mazek Auto Supply Co., (Neb. 1955) 70 N.W. (2d) …
Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton
Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton
Michigan Law Review
A Review of Research Frontiers in Politics and Government. Brookings Lectures, 1955. By Stephen K. Bailey, Herbert A. Simon, Robert A. Dahl, Richard C. Snyder, Alfred de Grazia, Malcolm Moos, Paul T. David and David B. Truman
Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed.
Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed.
Michigan Law Review
A Review of The Supreme Court in the American System of Government. By Robert H. Jackson
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by 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.
Civil Procedure - Interpleader - Right To Jury Trial, John A. Beach
Civil Procedure - Interpleader - Right To Jury Trial, John A. Beach
Michigan Law Review
Decedent brought suit against applicant for personal injuries sustained in a collision but died before judgment. His administrator continued the suit under a statute which allowed survival of the action only if the injuries did not cause death. His widow filed an action under the wrongful death statute, alleging that the injuries from the collision caused death. Applicant sought to have the administrator and the widow interpleaded to adjudicate between themselves the cause of death. On appeal from a judgment dismissing applicant's bill, held, reversed. The interpleader statute authorizes such interpleading to prevent applicant's exposure to double recovery for …
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Constitutional Law - Due Process - State Procedure For Attacking The Composition Of Grand Juries, Robert E. Hammell
Michigan Law Review
Defendant Michel, a Negro, was indicted by a grand jury for rape on February 19, 1953. On March 2, the same day that the term of the grand jury expired, he was arraigned and counsel was appointed. One week (five judicial days) later, motion was made to quash the indictment on grounds of discrimination against Negroes in impaneling the grand jury. The trial court ruled that the objection had been waived because Louisiana law requires that it be raised within three judicial days after the expiration of the term of the grand jury. The defendant was convicted, and the Louisiana …
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Constitutional Law - Interstate Commerce - Validity Of Segregation In Interstate Railway Facilities, Robert W. Steele
Michigan Law Review
The defendant, St. Louis and San Francisco Railway Company, maintained separate accommodations in railway coaches and terminal waiting-rooms for white and Negro passengers. Section 3 (1) of the Interstate Commerce Act makes it unlawful for a rail carrier to subject any person to any unreasonable prejudice or disadvantage. Plaintiff association joined with seventeen individual parties in filing a complaint with the Interstate Commerce Commission charging the carrier with violating the provisions of this act and in seeking an order requiring it to cease and desist from using these discriminatory practices. Held, assignment of accommodations on the basis of race …
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Criminal Procedure - Availablity Of Federal Court Injunction To Prevent Federal Officer From Testifying In State Court As To Illegally-Obtained Evidence, Edward C. Hanpeter
Michigan Law Review
Prosecution of petitioner in federal court for the unlawful acquisition of marihuana failed when the court granted petitioner's motion to suppress the marihuana as evidence because it was obtained by a search based on an invalid search warrant. The federal officer who had seized the marihuana then swore to a complaint before a state judge, and a warrant for petitioner's arrest for violation of state law issued. While awaiting trial, petitioner filed a motion in federal district court to enjoin the federal officer from testifying in the state court. The district court denied the injunction, and the court of appeals …
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Labor Law - Lmra - Substantive Application By A State Court Of Section 8(B), George E. Ewing S.Ed.
Michigan Law Review
The defendant unions peacefully picketed the Valley Lumber Company to force the adoption of a closed shop agreement. The employees had indicated that they did not desire union affiliation or representation and the employer had not recognized any union. The NLRB Regional Director refused to assert jurisdiction over the company for certification purposes because the employer's interstate business was below the Board's jurisdictional yardsticks. The trial court asserted jurisdiction to award damages and an injunction against the picketing. On appeal, held, affirmed, three justices dissenting. Not only was the trial court's jurisdiction proper but it could apply section 8 …
Municipal Corporations - Statutory Liability For Mob Violence - Definition Of Correctional Power, Nathan B. Driggers
Municipal Corporations - Statutory Liability For Mob Violence - Definition Of Correctional Power, Nathan B. Driggers
Michigan Law Review
On August 12, 1947 eight Negro families moved into a Chicago public housing development which was occupied largely by white families. On the evening of August 14, several thousand people, protesting the Negro intrusion, congregated in the area, blocking traffic and brandishing bats, bricks, and stones. A large number of policemen were on duty at the scene. The automobile of the plaintiff, a Negro, was intercepted at an intersection by the crowd which began throwing bricks at the occupants of the car. The plaintiff was struck by one missile and suffered severe physical injury. He brought suit against the city …
Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow
Securities Legislation - Limitations Upon The Scope Of Rule X-10b-5, Cyril Moscow
Michigan Law Review
A syndicate attempted to acquire all of the outstanding stock in a bridge corporation pursuant to a plan to transfer the stock to a bridge commission and realize substantial returns. The price offered for the stock was well over the market price but the resale plan was not disclosed. After control of 80 percent of the stock was obtained, the syndicate's purchasing agents were installed as officers and directors. They continued to purchase the stock without revealing the plan and the anticipated profits. Upon the completion of the plan, former stockholders in the corporation brought a class action against the …
Taxation - Federal Income Tax - Purchase By Network Of Corporation Producing Entertainer's Radio Show As Compensation To Entertainer, Jerome K. Walsh, Jr.
Taxation - Federal Income Tax - Purchase By Network Of Corporation Producing Entertainer's Radio Show As Compensation To Entertainer, Jerome K. Walsh, Jr.
Michigan Law Review
Prior to 1947, Jack Benny produced a complete radio show for his sponsor, American Tobacco Company. In January 1947 Amusement Enterprises was incorporated with Benny taking 60 percent of the stock and the remainder going to three of his business associates. Amusement contracted with American to produce a complete radio show, exclusive of Benny's services, to be broadcast over the NBC network on Sunday evenings. Benny signed a separate contract with American as the star of the show. Under the American-Benny contract American could make no change in the time of the broadcast or the network facilities without Benny's approval. …
Taxation - Federal Income Tax - Stockholder's Contractual Duty To Creditors To Finance Corporation As A Business For Purposes Of Bad Debt Deduction, Norman A. Zilber S.Ed.
Taxation - Federal Income Tax - Stockholder's Contractual Duty To Creditors To Finance Corporation As A Business For Purposes Of Bad Debt Deduction, Norman A. Zilber S.Ed.
Michigan Law Review
In 1946 petitioner organized a wholly-owned corporation for the sole purpose of producing a single motion picture at the estimated cost of $175,000. He obtained loan commitments from two lending institutions for $170,000 in exchange for his agreement to increase the paid-in capital to $25,000 and to guarantee personally the financing of the completion of the picture should the budgeted funds prove inadequate. In addition, petitioner made further commitments to secure the institutions' loans. Eventually, $53,273.65 was advanced by petitioner to fulfill his obligations under the agreements. In 1948 the debt which the corporation owed him was deemed worthless and …
Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.
Workmen's Compensation - Injury Suffered During Coffee Break As Arising Out Of And In The Course Of Employment, Hazen V. Hatch S.Ed.
Michigan Law Review
Plaintiff was employed by defendant laundry company as a mangle operator. A collective bargaining agreement between the defendant and the union representing its employees provided for two paid ten minute rest periods during the work day. Plaintiff left the defendant's premises during such a rest period and went to a nearby restaurant. On her return she slipped on ice on defendant's front step and was injured." The Department of Labor and Industry found the injury compensable under the Michigan Workmen's Compensation Act. On appeal, held, reversed, two justices dissenting. The place of the injury is not determinative of eligibility …
Denning: The Road To Justice, Geoffrey De Deney
Denning: The Road To Justice, Geoffrey De Deney
Michigan Law Review
A Review of The Road to Justice. By Sir Alfred Denning.
Griffith: Congress - Its Contemporary Role, George Meader
Griffith: Congress - Its Contemporary Role, George Meader
Michigan Law Review
A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.
Corporations - Officers And Directors - Agreement Interfering With Management By Board Of Directors, Edward H. Hoenicke S.Ed.
Corporations - Officers And Directors - Agreement Interfering With Management By Board Of Directors, Edward H. Hoenicke S.Ed.
Michigan Law Review
Plaintiffs, minority stockholders in a closely held corporation, asked that the court declare invalid an agreement between the majority stockholders and their "agent-directors" for the management of the business. The agreement provided that for ten years the stock of the parties to the agreement would be voted as a unit as any seven of the agents should direct or, if they could not agree, as directed by an arbitrator chosen by them. The agents were to be elected to the board of directors by the stockholders who appointed them. Under a cumulative voting provision, the parties to the agreement had …
Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor
Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor
Michigan Law Review
The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.
Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed.
Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed.
Michigan Law Review
In McAllister Transfer, Inc. the National Labor Relations Board decided to reconsider the question of "hot cargo" clauses. In this case, the Teamsters' union requested McAllister, a non-union cartage company, to recognize it as the bargaining representative of McAllister's employees, and submitted a proposed contract to the employer. When McAllister refused to recognize the Teamsters, the union announced that the company would be "shut off" from interlining freight. Accordingly, the Teamsters induced those of their members who were working for three other carriers not to handle McAllister freight. Each of these other carriers was a party to a cartage agreement …
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …
Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.
Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.
Michigan Law Review
Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Mcdermott: Deskbook On Land Titles And Land Law, Allan F. Smith
Michigan Law Review
A Review of Deskbook on Land Titles and Land Law. By Thomas J. McDermott.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 54, Issue 2 of Michigan Law Review