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Articles 6421 - 6450 of 12807
Full-Text Articles in Entire DC Network
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Michigan Law Review
Plaintiffs purchased tracts of twenty acres, part of a larger tract owned by the defendant, for the purpose of developing the tracts into small citrus groves. Plaintiffs also executed with defendant a care and management contract, whereby plaintiff was to give directions as to the marketing of the crops on the tract; the defendant management company was to follow these directions but would still supervise harvesting and marketing and would receive its compensation therefor. Plaintiff brought an action under the Securities Act of 1933 to impose civil liability for fraudulent misrepresentations and material omissions concerning the value of the land. …
Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.
Constitutional Law - Search And Seizure - Evidence Of Prior Search As Bearing On Credibility Of Defendant's Testimony, Ira A. Brown, Jr.
Michigan Law Review
In 1952 petitioner was indicted in a federal court, charged with illegal sales of narcotics. During direct examination by his counsel, petitioner denied ever having had possession of narcotics. On cross-examination by the government, petitioner repeated his denial and continued to do so even when the government questioned him, over his objection, concerning a heroin capsule unlawfully seized in his home in 1950. Evidence of the unlawful seizure in 1950 had been ruled inadmissible in an earlier trial. Petitioner's denials were squarely in conflict with an affidavit he had filed at the earlier trial. In rebuttal, the government introduced testimony …
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Labor Law - Labor-Management Relations Act - Right Of Union To Sue On Collective Agreement Under Section 301, Robert C. Fox S.Ed.
Michigan Law Review
Plaintiff union brought suit in a federal district court under section 301 of the LMRA alleging that defendant employer had breached the collective agreement between them by failing to· pay some four thousand employees covered by the agreement for a day on which they did not work. Section 301(a) permits suits for violation of contracts between an employer and a union without respect to the amount in controversy or the citizenship of the parties. Plaintiff sought a declaratory judgment as to the rights of the parties under the agreement, an accounting to determine the amounts of the wages withheld, and …
Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner
Biskind: How To Prepare A Case For Trial, And Lake: How To Win Lawsuits Before Juries, Charles W. Joiner
Michigan Law Review
A Review of How to Prepare a Case for Trial. By Elliott L. Biskind; How to Win Lawsuits Before Juries . By Lewis W. Lake
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff applied to the defendant finance company for a loan of $100. The lender agreed to advance this amount and accordingly required the plaintiff to execute a note in the sum of $114.04 payable in one year and secured by a chattel mortgage on an automobile, but insisted in addition that plaintiff purchase an investment certificate in the amount of the note, issued by the defendant company and bearing percent interest, which certificate was to be paid for in twelve monthly instalments. Contending that the interest thus exacted was usurious, the plaintiff brought suit for cancellation of the note and …
Labor Law - Labor-Management Relations Act - Interrogation Concerning Union Membership As An Unfair Labor Practice, John H. Leddy S.Ed.
Labor Law - Labor-Management Relations Act - Interrogation Concerning Union Membership As An Unfair Labor Practice, John H. Leddy S.Ed.
Michigan Law Review
Concerned about possible loss of Allied Trades Council approval if a union not a member of the council should be elected by Syracuse Color Press employees in a forthcoming representation election, the plant superintendent called five employees into his private office. He and the general manager questioned them concerning membership and meetings of the nonmember union, and about employee sympathy regarding that union. The nonmember union filed a complaint and the trial examiner of the National Labor Relations Board found a violation of section 8(a)(1) of the National Labor Relations Act, although he found no actual coercion of the employees. …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
The index embraces material published since the last issue of this Review.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Appellant express company, a Delaware corporation, did only interstate business within the state of Virginia. Virginia levied a state tax on intangible personal property and money owned by express companies doing business within the state, and set off their real estate and tangible personal property for local levies. In addition to the property tax, the Virginia statute provided for an "annual license tax . . . for the privilege of doing business in this State." The tax was "equal to two and three-twentieths per centum upon the gross receipts . . . earned in this State on business passing through, …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 52, Issue 8 of Michigan Law Review
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Michigan Law Review
In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Hearsay And Conspiracy: A Reexamination Of The Co-Conspirators' Exception To The Hearsay Rule, Joseph H. Levie
Michigan Law Review
The expansion of the law of conspiracy and the increasing number of prosecutions for its violation have been much commented on lately. Many kinds of anti-social conduct directed principally against the public welfare are now frequently punished by prosecution for conspiracy instead of prosecution for the substantive offense. Conspiracy is an ideal way to deal with organized crime and has been used extensively against quasi-treasonous activities. Similarly the Sherman Act's criminal sanctions are primarily couched in terms of conspiracy and the civil conspiracy action for divestiture or dissolution is the usual method of enforcing the antitrust laws. This emphasis on …
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Federal Procedure - Counterclaim To A Counterclaim Under The Federal Rules, Elizabeth Gaspar Brown
Michigan Law Review
With one exception the cases decided in the federal courts under the Federal Rules of Civil Procedure have held that the plaintiff is free to plead a counterclaim in the reply, although in every instance the counterclaim in the reply under consideration was one related to the subject matter of the counterclaim pleaded in the defendant's answer.
Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi
Regulation Of Business-Discriminatory Practices In The Form Of Advertising Allowances, Services, And Facilities Under The Robinson-Patman Act, Rinaldo L. Bianchi
Michigan Law Review
This comment will deal solely with the last two forms of discrimination prohibited by sections 2(d) and (e) of the Robinson-Patman Act, and will attempt to illustrate the present state of the law and offer a possible alternative construction and method of implementation of these sections. A recent ruling of the FTC in a group of cases appears to be significant with respect to controversial aspects of sections 2(d) and (e), and indicative of the present attitude of the Commission in the search for an adequate standard by which honest businessmen may keep within the confines of the law. These …
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Legal Control Of Thermonuclear Energy: The Atomic Energy Act And The Hydrogen Program, John S. Walker
Michigan Law Review
Criticisms which can be focused on our thermonuclear program arise primarily from human factors and not from past or present legislative silence. Nevertheless, our atomic energy legislation can suitably attempt to maximize the opportunities for achieving thermonuclear objectives and to minimize the chances of misjudgment in administration of the law. It is the special responsibility of lawyers that the law adequately recognize and implement so important a field as thermonuclear energy, or that it fail in these respects. The following discussion approaches atomic energy legislation from the new but necessary perspective of the thermonuclear program.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Venue-The Need For A Change In The Venue Provisions Of The Federal Employers' Liability Act, S. I. Shuman S.Ed.
Michigan Law Review
In response to the need created by a highly dangerous era of railroad employment, and subsequent to the passage of similar legislation in Europe, there was enacted in 1906 a Federal Employers' Liability Act. The attempted coverage of the first FELA was too broad to withstand the constitutional scrutiny of a five-to-four Supreme Court, and it consequently remained for the Congress of 1908 to enact valid legislation for the protection of the railroad employee. Whether or not: the FELA is the most efficacious solution to the problem of the injured railroad employee continues to be warmly debated, but for the …
Admiralty-Seaplane A ''Vessel" For Purpose Of Salvage, Eugene Alkema
Admiralty-Seaplane A ''Vessel" For Purpose Of Salvage, Eugene Alkema
Michigan Law Review
Defendant's seaplane landed at sea out of gasoline and without a compass. The m/s Batory took both the pilot and the plane aboard. In a libel for conversion of the seaplane, held, a cross-libel for salvage services stated a cause of action because a seaplane is a vessel for purpose of salvage. Gdynia-American Shipping Lines, Ltd. v. Lambros Seaplane Base, Inc., (D.C. N.Y. 1953) 115 F. Supp. 796.
International Law-Reservations To Commercial Treaties Dealing With Aliens' Plights To Engage In The Professions, Alan Reeve Hunt S.Ed.
International Law-Reservations To Commercial Treaties Dealing With Aliens' Plights To Engage In The Professions, Alan Reeve Hunt S.Ed.
Michigan Law Review
The question of how far an alien may engage in a profession despite state requirements of citizenship which attach to many professions has not been widely litigated or discussed in this country. Recent action by the United States Senate, however, has created interest in problems presented by commercial treaty provisions which guarantee to alien nationals of many countries the right to engage in professions. Attention has thus been focused on law and policy questions which were formerly of little concern outside of the State Department. On July 21, 1953 the Senate gave its advice and consent to the ratification of …
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Defendant, a bank organized under the National Bank Act and transacting business in the State of New York, used the words "saving" and "savings" in various ways in the advertising and conduct of its banking business. The state brought suit, seeking an injunction restraining the use of these words, alleging that in- so using them defendant had violated subdivision 1 of section 258 of the New York Banking Law. In defense, the bank contended that this provision, as it applied to national banks, was unconstitutional as a contravention of federal statutory provisions. The trial court dismissed the complaint on its …
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Michigan Law Review
In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …
Bankruptcy-Test Of Feasibility Under Chapter Xi Arrangement, Paul B. Campbell S.Ed.
Bankruptcy-Test Of Feasibility Under Chapter Xi Arrangement, Paul B. Campbell S.Ed.
Michigan Law Review
The Slumberland Bedding Company started in business in 1952 with a capitalization of $13,000. Within less than one year the corporation was "clearly heavily insolvent," having debts in excess of $85,000 and assets valued "at least several thousand dollars less than $42,250." Preferred creditor claims against the assets of the business amounted to more than $32,200. In this rather dismal context a petition for an arrangement under chapter XI of the Bankruptcy Act was filed. A plan was submitted which provided for independent capital to be put into the business to pay certain claims in full and to pay a …
Corporations-Officers And Directors-Validity Of Voting Agreements To Continue Shareholders As Directors, John F. Dodge
Corporations-Officers And Directors-Validity Of Voting Agreements To Continue Shareholders As Directors, John F. Dodge
Michigan Law Review
Plaintiff, the president of a corporation and owner of 31½ of the 100 shares of corporate stock outstanding, brought an action against A, the vice-president who owned 48½ shares, and B, the owner of the remaining 20 shares, for specific performance of an oral agreement between the plaintiff and A that the plaintiff and a third person, X, should be continued as directors. The vice-president, A, had allied himself with B, and in disregard of the agreement had served notice requesting a stockholders' meeting for the purpose of removing the plaintiff and X as directors. …
Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.
Constitutional Law - Criminal Procedure - Federal Immunity Statute Applicable To State Court, Raymond R. Trombadore S.Ed.
Michigan Law Review
ln response to a summons, petitioner appeared to testify before a congressional committee investigating crime, and confessed to having run a gambling business in Maryland. This confession was used in the criminal court of Baltimore to convict petitioner of conspiring to violate the state's anti-lottery laws. The conviction was affirmed by the Court of Appeals of Maryland, which rejected petitioner's contention that use of the committee testimony was forbidden by a federal statute which provides that no testimony given by a witness in congressional inquiries "shall be used as evidence in any criminal proceeding against him in any court." On …
Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.
Labor Law--Labor-Management Relations Act--Encouragement Of Union Membership And Employer's Intent As Elements Of Unlawful Discrimination, George B. Berridge S.Ed.
Michigan Law Review
ln the first of three cases involving employer encouragement of union membership the National Labor Relations Board held that a union had violated section 8(b)(2) of the amended National Labor Relations Act by inducing an employer to refuse to hire a union member who had failed to comply with the union's rules as to job clearances. The Court of Appeals for the Second Circuit rejected the union's contention that the employer's action was not such as to encourage union membership and enforced the Board's order. In the second case a union was found by the board to nave violated section …
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Real Property-Vendor And Purchaser-Effect Of Notoriuos Easement On Land Contract To Convey "Free Of Encumbrances", David Macdonald
Michigan Law Review
Vendor contracted to convey land to purchaser by a deed which was to contain a covenant against encumbrances. A public easement of way over the property was outstanding, and on part of this easement a gravel road had been built. Purchaser paid some instalments and took possession but, upon learning of the easement, sued to rescind. The trial court found that the easement would have been discovered by a reasonable investigation, and therefore the contract did not protect purchaser from this easement. On appeal, held, affirmed. A contract to convey real estate free of encumbrances does not refer to …
Taxation - Federal Income Tax - Deferred Compensation As Affected By Constructive Receipt Doctrine, David D. Dowd, Jr. S.Ed.
Taxation - Federal Income Tax - Deferred Compensation As Affected By Constructive Receipt Doctrine, David D. Dowd, Jr. S.Ed.
Michigan Law Review
Prior to his retirement as a general agent of a life insurance company, the petitioner entered into a new contract with the company by which he was to receive upon retirement fixed monthly instalments for fifteen years in lieu of his original contract rights to receive renewal premium commissions as they were paid into the company. Petitioner, as a cash basis taxpayer, reported as income only the instalments received. The Commissioner assessed deficiencies in the reports, contending that petitioner's taxable income consisted of all renewal commissions received by the company during the taxable year, rather than the instalment payments. Rejecting …
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Kahn: A Court For Children. A Study Of The New York City Children's Court., Maxine Virtue
Michigan Law Review
A Review of A COURT FOR CHILDREN. A Study of the New York City Children's Court. By Alfred J. Kahn.
Regulation Of Business-Federal Trade Commission Act-Legality Of Offers Of ''Free Goods" Upon Agreement To Purchase Other Merchandise, Alan Reeve Hunt S.Ed.
Regulation Of Business-Federal Trade Commission Act-Legality Of Offers Of ''Free Goods" Upon Agreement To Purchase Other Merchandise, Alan Reeve Hunt S.Ed.
Michigan Law Review
On June 30, 1948 the Federal Trade Commission issued a complaint against Walter J. Black, Inc., a corporation doing business as the Classics Club and the Detective Book Club. The Commission charged that use by the respondent of the word "free" in its advertising was false, misleading, and deceptive. The alleged deception consisted in the fact that in order to obtain the books designated as "free" the prospective purchaser was required to join respondent's club and thereby obligated himself to purchase at least four books a year from the respondent. The hearing examiner in his initial decision found that respondent's …
Monthly Periodical Index, Michigan Law Review
Monthly Periodical Index, Michigan Law Review
Michigan Law Review
This department lists the articles and comments which appear in leading law reviews.