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Articles 6511 - 6540 of 12807
Full-Text Articles in Entire DC Network
Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii
Criminal Procedure - Standing Of The Press To Protest Exclusion Of Public From Criminal Trial By Order Of The Trial Judge, M. Fred Mallender, Ii
Michigan Law Review
Defendant judge, believing that great harm to public morals and decency was to be apprehended from the testimony in the vice trial of Minot F. Jelke, exercised his discretion to exclude the general public including plaintiff newspapers from the court room during the state's case. The family and friends of the accused along with officers of the court, witnesses, and jury were not excluded. The plaintiffs applied for a writ of prohibition to restrain the defendant from enforcing his order. The court denied the application on the grounds that the defendant judge had the power to make the exclusion order …
Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.
Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.
Michigan Law Review
The New York Court of Appeals upheld the denial of a license to exhibit the French motion picture "La Ronde'' upon the grounds that it was "immoral'' and "would tend to corrupt morals." Censorship of the picture, which dealt with promiscuous sex relations, was held to be a proper exercise of the police power, since its exhibition would present a clear and present danger to the morals of the community, and the words "immoral" and "tend to corrupt morals" were held sufficiently definite for purposes of due process. In another censorship case, the Supreme Court of Ohio affirmed the rejection …
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. The index embraces material published since the last issue of this Review.
Basye: Clearing Land Titles, Allan F. Smith
Basye: Clearing Land Titles, Allan F. Smith
Michigan Law Review
A Review of Clearing Land Titles. By Paul E. Basye.
Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.
Trusts - Validity And Effect Of Assignment Of Beneficial Interest In Trust For Support - Claims Of Beneficiary's Divorced Wife And Children, William E. Parmenter Jr.
Michigan Law Review
A testamentary trust required the trustee to apply income in such amounts as might be necessary for the education, support and maintenance of H until he attained the age of 35 years; then to hand over the corpus and accrued interest. Contingent interests were created for children of H who might survive his death before the age of 35. After the death of testatrix, H married W and had two children. In an agreement subsequently incorporated in a California decree of divorce obtained by W, H promised to make monthly payments to W for her own support and for the …
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.
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Workmen's Compensation - Injuries At Home Arising Out Of And In The Course Of Employment, Arthur M. Wisehart S.Ed.
Michigan Law Review
Plaintiff was employed as defendant's bookkeeper. With the consent of the employer, she had done all of the bookkeeping at home for several years. As she was about to start her work one night, plaintiff discovered that her husband's oily rifle was lying on the couch where she usually sat. In picking up the rifle to move it to its proper place in the closet, plaintiff accidentally fired the gun, causing an injury which resulted in the amputation of her left thumb. The lower court decided that the injury was one arising out of and in the course of plaintiff's …
Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow
Corporations - Sale Of Assets As A Means Of Avoiding State Constitutional Limitation On Corporate Life, Judson M. Werbelow
Michigan Law Review
Defendant, a Michigan corporation, was incorporated in 1923 for a term of thirty years, the maximum term permitted by the Michigan constitution. Shortly before this thirty-year term was to expire, majority and minority stockholders engaged in unsuccessful negotiations, each group attempting to purchase the other's interest in the corporation. A special stockholders' meeting was then called to consider a proposed renewal of the corporate term. This proposal failed to gamer the vote of two-thirds of the outstanding shares which was required for approval. The attorneys representing the majority shareholders proceeded to organize a dummy corporation, which in tum offered the …
Taxation - Federal Income Tax - Deductibility Of Expenses Incurred By Attorney In Attending Tax Institute, John E. Riecker S.Ed.
Taxation - Federal Income Tax - Deductibility Of Expenses Incurred By Attorney In Attending Tax Institute, John E. Riecker S.Ed.
Michigan Law Review
Petitioner was a member of a firm of lawyers engaged in general practice in Binghamton, New York. The firm did enough work in federal taxation to warrant petitioner's specializing in this field, and his partners relied upon him to keep abreast of all significant developments in tax law. Petitioner attended the Fifth Annual Institute on Federal Taxation, conducted in New York City under the sponsorship of New York University and designed exclusively for practitioners and specialists in the tax field. He incurred expenses for travel, board, lodging, and tuition, all of which he deducted as ordinary and necessary business expenses …
The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark
The Treble Damage Bonanza: New Doctrines Of Damages In Private Antitrust Suits, Homer Clark
Michigan Law Review
Section 7 of the Sherman Act, as amended by section 4 of the Clayton Act, gives a private right of action for treble damages to persons injured "in . . .business or property by reason of anything forbidden in the antitrust laws. . . ." The lucrative possibilities of this section for plaintiffs and their attorneys have recently received sufficient notoriety to arouse curiosity concerning the legal doctrines involved.
The purposes of the section have been said to include compensation for those affected by violations, prevention of violations, and assistance for the government in discovering and bringing before the courts …
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Federal Control Of Health And Safety Standards In Peacetime Private Atomic Energy Activities, Samuel D. Estep
Michigan Law Review
This article is directed to the question of the power of Congress to provide for such regulation of those who handle radioactive materials in private industry and not to the policy question of whether Congress ought to attempt such regulation.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 52, Issue 3 of Michigan Law Review
Labor Law - Labor-Management Relations Act - Availability Of Injunctive Relief Under Section 301, George B. Berridge S.Ed.
Labor Law - Labor-Management Relations Act - Availability Of Injunctive Relief Under Section 301, George B. Berridge S.Ed.
Michigan Law Review
Plaintiff union brought suit in a federal district court under section 301 of the LMRA to enjoin defendant employer from violating a collective bargaining agreement by refusing to give effect to an arbitration award directing the reinstatement of certain employees. On appeal from an order of the district court dismissing the complaint on the ground that the Norris-LaGuardia Act prevented the court from issuing an injunction, held, reversed. Section 301(a) of the LMRA authorizes federal courts to enjoin violations of collective agreements, and the Norris-LaGuardia Act does not forbid the granting of such relief. Milk and Ice Cream Drivers …
Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.
Constitutional Law - Due Process - Coerced Confessions And The Stein Case, Marvin O. Young S.Ed.
Michigan Law Review
Stein v. People of State of New York, a coerced confession case decided by the Supreme Court last June, at first suggests some rather startling propositions about the effect of a denial of procedural due process. Since Brown v. Mississippi in 1936 it has been well settled that the admission of a coerced confession into evidence in a state criminal proceeding contravenes the due process guaranty of the Fourteenth Amendment. In the confession cases subsequently considered by the Supreme Court it has been consistently held that the admission of an extorted confession vitiates the entire proceeding and renders the …
Taxation - Federal Income Tax - Exchange Of Debentures For Preferred Stock As Tax-Free Reorganization, Raymond R. Trombadore S.Ed.
Taxation - Federal Income Tax - Exchange Of Debentures For Preferred Stock As Tax-Free Reorganization, Raymond R. Trombadore S.Ed.
Michigan Law Review
Plaintiff held common and preferred stock of the Gulf States Paper Corporation. In 1942 plaintiff received new debentures in exchange for his preferred stock, pursuant to a plan for the recapitalization of the company whereby the entire 25,000 shares of previously outstanding preferred stock (including plaintiff's 208 shares) were exchanged for new debentures of like value. In 1950 the Commissioner assessed an income tax deficiency against plaintiff, determining that the redemption and cancellation of the preferred stock represented a distribution essentially equivalent to the distribution of a dividend and taxable under section 115(g)(1) of the Internal Revenue Code. Plaintiff sued …
Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.
Admiralty - Exclusive Coverage By Longshoremen's And Harbor Workers' Act Of Railway Employer's Liability To Employee For Accident On Car Float, Richard B. Barnett S.Ed.
Michigan Law Review
Respondent, a freight brakeman employed by petitioning railroad at its Jersey City yards, was injured while releasing the hand brakes on a freight car which was being pulled off a car float docked in navigable waters. He brought suit under the Federal Employers' Liability Act, alleging that his injury was caused by a faulty brake mechanism maintained in violation of the Safety Appliance Acts. The suit was dismissed in the district court on the ground that the Longshoremen's and Harbor Workers' Act applied exclusively, because the injury occurred on navigable waters. The court of appeals reversed, holding that this act …
Civil Procedure - Power Of State To Enjoin Its Citizens From Suing In Another State Under The Federal Employers' Liability Act, John S. Slavens S.Ed.
Civil Procedure - Power Of State To Enjoin Its Citizens From Suing In Another State Under The Federal Employers' Liability Act, John S. Slavens S.Ed.
Michigan Law Review
Petitioner was injured in the course of employment with respondent, an interstate railroad, in Ben Hill County, Georgia, the residence of petitioner. Invoking the Federal Employers' Liability Act, petitioner filed suit in Jefferson County, Alabama, where respondent was doing business. Respondent, relying on section 1404(a) of the Judicial Code, initiated an equity action in Ben Hill County, Georgia, to restrain petitioner from continuing his action in Alabama. The trial court sustained a demurrer to respondent's petition. The Georgia Supreme Court reversed, holding that Georgia law gave its courts power to prevent its citizens from bringing vexatious suits. On certiorari from …
Corporations - Effect Of Domestication Statute On Foreign Corporations, J. David Voss S.Ed.
Corporations - Effect Of Domestication Statute On Foreign Corporations, J. David Voss S.Ed.
Michigan Law Review
Plaintiff brought suit to enjoin the collection of a state tax on intangibles consisting of stocks held by plaintiff in domesticated foreign corporations. The lower court enjoined the defendant, a county treasurer, from collecting the tax. On appeal, held, reversed, three judges dissenting. A foreign corporation which has complied with the Nebraska domestication statute is a foreign corporation for purposes of the Nebraska intangibles tax. Omaha Nat. Bank v. Jensen, (Neb. 1953) 58 N.W. (2d) 582.
Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner
Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner
Michigan Law Review
A Review of Advocacy, Its Principles and Practice. By R. K. Soonavala
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Evidence - Wiretapping And The Congress, Richard W. Pogue S.Ed.
Michigan Law Review
The familiar cry that "there ought to be a law" is frequently raised concerning the practice which Justice Holmes long ago characterized as "dirty business" - the tapping of telephone wires. Although existing legislation on both federal and state levels deals with interception of telephone messages, the almost universal conclusion of commentators on the subject has been that many of the present day statutes are inadequate. It is particularly apparent that the famous section 605 of the Federal Communications Act of 1934 has long been in need of replacement or thorough revision. The purpose of this comment is to examine …
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Michigan Law Review
The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Torts - Infant's Liability For Battery - Parent's Liability For Child's, Richard S. Weinstein
Michigan Law Review
Plaintiff, a baby sitter, suffered injuries when she was pushed violently to the floor by her four-year-old charge. Plaintiff brought an action against the child alleging battery and negligence, and against the parents alleging negligence in failing to warn plaintiff of the boy's habit of violently attacking people. The lower court sustained demurrers to all three counts. On appeal, held, reversed on the first and third counts. An infant may be charged with battery, and a parent may be negligent in failing to warn of an infant's violent tendencies. Ellis v. D'Angelo, 116 Cal. App. (2d) 310, 253 …
The Law School In 1953-54, E. Blythe Stason
The Law School In 1953-54, E. Blythe Stason
Michigan Law Review
Each year advantage is taken of the pages of the Law Review for the purpose of reporting some of the principal items of interest in connection with the program of the Law School. In this report I wish to devote attention first to students and students' problems, then to faculty and some of the special activities of members of the staff, and finally, to the Law Library.
Recent Books - Notes, Michigan Law Review
Recent Books - Notes, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto. Periodicals, court reports, and other publications that appear at frequent intervals are not included. The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.
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. The index embraces material published since the last issue of this REVIEW.
Woodford: A Life Of Justice Woodward, William Wirt Blume
Woodford: A Life Of Justice Woodward, William Wirt Blume
Michigan Law Review
A Review of A Life of Justice Woodward. By Frank B. Woodford
Federal Procedure - Venue Of Corporations - Inapplicability Of 28 U.S.C. §1391 (C) To Removal Actions, George B. Berridge S.Ed.
Federal Procedure - Venue Of Corporations - Inapplicability Of 28 U.S.C. §1391 (C) To Removal Actions, George B. Berridge S.Ed.
Michigan Law Review
Plaintiff, a resident of Florida, brought a libel action in a Florida court against the publisher of Look, an Iowa corporation. Defendant maintained no office in Florida, and sold its magazines to two independent wholesale companies for distribution to . Florida retailers; it was on an agent of one of these wholesalers that process was originally served. However, defendant did employ a "circulation road man," who traveled throughout several states including Florida to check retail outlets for complaints and to see that proper displays were maintained. Defendant removed the action to the Federal District Court for the Southern District …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Labor Law - Objects Of Union Action - Organization Of Managers Of Retail Chain Stores As Proper Object, John F. Dodge Jr., S.Ed.
Labor Law - Objects Of Union Action - Organization Of Managers Of Retail Chain Stores As Proper Object, John F. Dodge Jr., S.Ed.
Michigan Law Review
The owner and operator of retail food stores located throughout the nation brought action to enjoin strike activities by the defendant union, which sought recognition as bargaining agent for managers and clerks in the local stores. Both clerks and store managers had been members of the defendant local unions since 1937, and the latter, acting under certification as bargaining representative for both groups of employees under the National Labor Relations Act, had negotiated contracts with the plaintiff covering managers and clerks continuously since that time. Upon the refusal of the plaintiff to include the store managers in the contract, or …
Future Interests - Rule Against Perpetuities - Actual Rather Than Possible Facts As Determining Certainty Of Vesting, Paul B. Campbell S.Ed.
Future Interests - Rule Against Perpetuities - Actual Rather Than Possible Facts As Determining Certainty Of Vesting, Paul B. Campbell S.Ed.
Michigan Law Review
T died testate, leaving a life estate to her children A and B, with the remainder to granddaughter C. The will further provided that if other body heirs of A and B survived their deaths, then such heirs should share equally with C; and if all the grandchildren should die without leaving heirs of their body, then the property was to pass to T's brothers and sisters or their representatives. A and B survived but T died without further issue. Later C also died without issue. X held conveyances deeding to him the interests of the …