Digital Commons Network^™

Evidence-Privilege-Extension Of Attorney-Client Privilege To Administrative Practitioners, Richard W. Pogue S.Ed.

Michigan Law Review

In an action for rescission for transfer of patent rights, for breach of warranty of title and fraud, a pretrial examination of defendant's agent, as one familiar with facts concerning the transfer, was ordered by the court. Defendant objected to certain questions on the ground that the agent was in the status of attorney to defendant and that the matters in question were confidential communications protected from disclosure by the common law and statutory attorney-client privilege. The agent was a patent agent duly registered and authorized to practice as such before the United States Patent Office, but was not admitted …

Labor Law-Class Action By Labor Union Members To Enforce Collective Bargaining Agreement-Jurisdiction Of State Courts, John Houck S.Ed.

Michigan Law Review

Plaintiff was an employee of defendant corporation, and an officer of the union accredited as bargaining agent. He brought an equity suit in the Ohio courts for specific enforcement of a collective bargaining agreement and to collect back wages, on behalf of himself and other union members similarly situated. The basis of the suit was section 11257 of the Ohio General Code, providing for class actions. The lower court dismissed the petition on the grounds of no jurisdiction under that section. On appeal, held, reversed. Although the defendant corporation's activities in interstate commerce subject it to federal labor legislation, …

Torts-Defamation-Right Of Corporation To Sue For Libelous Words Concerning Its Employees, Chester F. Relyea

Michigan Law Review

The plaintiff corporation owns and operates a fashionable clothing store. The defendants are authors of a book which stated that some of the corporation's models and sales girls were prostitutes and many of its male designers and salesmen were homosexuals. A number from both groups were said to have been "imported." On defendants' motion to dismiss the complaint for failure to state a cause of action in libel, the court denied the motion. Held: even without an allegation of special damages, it could not be said as a matter of law that a corporation could not be directly damaged …

Vanderbilt: Cases And Materials On Modern Procedure And Judicial Administration, Charles W. Joiner

Michigan Law Review

A Review of CASES AND MATERIALS ON MODERN PROCEDURE AND JUDICIAL ADMINISTRATION by Arthur T. Vanderbilt.

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.

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.

Conflict Of Laws-Torts-Choice Of Law In Multiple State Defamation, Peter Van Domelen S.Ed.

Michigan Law Review

Plaintiff, a Connecticut corporation engaged in business throughout several Eastern states, brought an action for an injunction and damages arising from alleged defamatory statements broadcast over defendant's radio network. Defendant's broadcast originated in New York and was heard by listeners from Maine to North Carolina and as far west as Pennsylvania including the area in which plaintiff was carrying on its business. Defendant moved to dismiss the complaint for failure to state a claim on which relief could be granted. To rule on this motion, it was necessary to choose the appropriate governing law. Held, the law of New …

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.

International Law-Jurisdiction Of International Court Of Justice, Duncan Noble S.Ed.

Michigan Law Review

On May 1, 1951, Iranian legislation enacting the so-called nationalization of the oil industry in Iran received the imperial assent. Thus was set in motion the increasingly bitter course of events whereby Iran has practically cut herself off from the western world. A not insignificant element in these events is the abortive effort of the British to deal with the problem through the International Court of Justice. On July 5, 1951, the United Kingdom obtained an order from the Court designed to maintain the status quo pending further judicial proceedings. In the subsequent course of these proceedings the U .K. …

Labor Law-Legality Of Employer's Use Of Lockout, Norman M. Spindelman S.Ed., William K. Davenport S.Ed

Michigan Law Review

One of the employer's traditional weapons against the economic power of unions is the lockout. Since the central economic element involved in strikebreaking is that the operation of the plant and equipment is as important to labor as labor is to the operation of the plant and equipment, the lockout is one of the simplest methods of strikebreaking or of resisting union demands. This is so because in the endurance contest which ensues the economic resources of the employer are likely to be greater than those of the employee. Just as there are restrictions on union use of the strike, …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 51. Issue 3 of Michigan Law Review

Interstate Recognition Of Custody Decrees: Law And Reason V. The Restatement, Albert A. Ehrenzweig

Michigan Law Review

After days of bitter contest, a weary judge dissolves the marriage bond and, lacking Solomon's sword, allots the child to his mother. Thus the stage is set for the second act of the tragedy. Craving a new life for herself and her child, the mother moves to another state, and the father, seeing his right of visitation thus put in jeopardy, pleads the mother's removal in the original court which, loyal to the more faithful citizen, now awards custody to him. Should a judge of the mother's new home state heed this change? And again, what should be done if …

Title Examinations As Affected By The Federal Gift And Estate Tax Liens, L. Hart Wright

Michigan Law Review

The Treasury Department may look to either of two security devices to protect its rights with respect to federal gift and estate taxes. The most sweeping of these devices-the general federal tax lien, a discussion of which appeared in the last issue of this Review, has been complemented in the case of each of these taxes by special liens, presumably designed to meet what apparently were considered peculiar needs. It is with the impact of these special liens on the work of title examiners that this article is concerned.

The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch

Michigan Law Review

The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.

Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.

Michigan Law Review

The Eighth Amendment of the Constitution provides that "Excessive bail shall not be required . . . ." This clause, as with all of the Bill of Rights, serves as a limitation on the federal government. From a very early date this provision has likewise established a boundary on the discretion of the federal courts in their exercise of criminal jurisdiction. Although this Eighth Amendment provision is a protection against federal encroachment, it does not limit the powers of states, arguments of individual Justices to the contrary notwithstanding.

In the recent Supreme Court decision of Stack v. Boyle, this …

Equity-Specific Performance-Recent Trends In The Specific Enforcement Of Contracts To Sell Securities, Allan Neef S.Ed.

Michigan Law Review

The rise of the corporation, as a form of business organization, to a dominant position in the modern economic scene has attached increased importance to the ownership of corporate securities. As property interests have become more and more represented by such securities, society has promoted such interests by setting up organized procedures for dealing with and in securities. Stock exchanges have been organized to aid the marketability of corporate stocks. A brokerage profession has evolved to bring buyers and sellers together. Underwriting has been developed to aid in the initial disposal of securities by the issuing corporation. Governments have undertaken …

Admiralty-Validity Of "Born-To-Blame" Clause In Bill Of Lading, Richard B. Barnett S.Ed.

Michigan Law Review

Petitioner is owner of the S.S. Nathaniel Bacon which collided with the Esso Belgium damaging both ships. The cargo of the Bacon, owned by respondents, was also damaged. The collision was caused by the negligent navigation of employees of both ships. The bill of lading issued to respondents contained a "both-to-blame" clause requiring the cargo owners to indemnify the carrier for any cargo loss indirectly borne by the carrier. This action was brought to determine liability for the damages suffered in the collision. Held, on appeal, the ''both-to-blame" clause is invalid because of public policy prohibiting carriers from …

Constitutional Law-Commerce Clause-State Taxation Of Vessels Engaged In Interstate Commerce, David W. Rawlinson S.Ed.

Michigan Law Review

The Standard Oil Company, an Ohio corporation, owned boats and barges which it employed in transporting oil on the Mississippi and Ohio Rivers. These vessels were registered in Ohio but stopped in Ohio only occasionally for fuel or repairs. The maximum distance traversed by these vessels on waters bordering Ohio was 17½ miles. An ad valorem personal property tax levied by the Tax Commissioner of Ohio on all these vessels was upheld by the Supreme Court of Ohio. On appeal, held, reversed, Justices Black and Minton dissenting. Since these vessels are subject to the property taxes of other states …

Constitutional Law-Fifth Amendment Due Process-Vague And Indefinite Statute-Right To Trial On Question Of Illegal Presence In United States, Marcus A. Rowden S.Ed.

Michigan Law Review

Defendant, an alien, against whom an order of deportation had been entered in 1930 by reason of his advocacy of the overthrow of the government by force and violence, was indicted for violation of section 20(c) of the Immigration Act of 1917 as amended, which made it a felony for an alien against whom such an order is outstanding to "willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure." The lower court dismissed the indictment on the ground that the statute in question was unconstitutionally vague and indefinite for …

Municipal Corporations--Annexation-Violation Of Due Process, Joseph M. Kortenhof S.Ed.

Michigan Law Review

The City of Silver Grove brought a proceeding to incorporate within its boundaries a parcel of defendant railroad's land under a general law of annexation. It was shown that the land sought to be annexed contained nothing but switchyards, roundhouses, refrigeration plants and other facilities designed exclusively for railroad purposes. It was further shown that the city could make no use of the land nor could it benefit the land in any way since the railroad had complete electrical, sanitation and police facilities. Defendant railroad entered a remonstrance to which the city generally demurred. The trial court sustained the demurrer. …

Federal Procedure-Venue Of Corporations-Applicability Of 28 U.S.C. §1391(C) To Plaintiff Corporations, Charles E. Oldfather S.Ed.

Michigan Law Review

Plaintiff, trustee in bankruptcy of a Delaware corporation, brought a contract action based on diversity of citizenship in an Ohio district court. Defendant is a partnership, whose partners are all residents of states other than Delaware. Defendant moved to dismiss the action on the ground that venue was improperly laid. The court, relying on 28 U.S.C. §139I(c), held: motion to dismiss overruled. "Since the district where plaintiff is doing business . . . is the 'residence of the corporation for venue purposes,' this action may be properly maintained here [Ohio].'' Hadden v. Barrow, Wade, Guthrie & Co., (D.C. …

Negligence-Duty Of Care-Manufacturer's And Supplier's Liability To Allergic User Of Beauty Preparation, Lois H. Hambro S.Ed.

Michigan Law Review

Plaintiff contracted dermatitis from the use of a mixture of ammonium thioglycolate and potassium bromate which she had purchased from defendant manufacturer as a permanent wave lotion and fixative. The lower court held that since the injury was due to her allergy, the plaintiff did not have a cause of action. On appeal, held, affirmed. The manufacturer could not reasonably foresee the injurious effects of a combination of the chemicals. Although the evidence showed that one out of one thousand persons was allergic to ammonium thioglycolate, the plaintiff was injured only by the use of a combination of the …

Negligence-Imputed Negligence-Recovery From Owner Under Statute When No Recovery May Be Had Against Negligent Driver, Marvin O. Young

Michigan Law Review

Plaintiff, 12 years old, was injured as a result of his father's negligent operation of an automobile owned by defendant and operated with defendant's consent. In his complaint, plaintiff joined his father and the owner as defendants. There was no allegation that the father was acting as an agent of the owner nor that the owner himself was negligent A demurrer interposed on behalf of both defendants was sustained by the trial court On appeal, held, affirmed. Plaintiff may not maintain an action against the defendant-owner because the owner could recover over against plaintiff's father, the net effect of which …

Regulation Of Business-Resale Price Maintenance-Constitutionality Of Non-Signer Provion In Michigan Fair Trade Act, Richard D. Rohr S.Ed.

Michigan Law Review

Plaintiff, a manufacturer of trade-marked products, brought a bill to restrain defendant-retailer from selling plaintiff's products at prices below the minimum prices established by plaintiff in contracts made pursuant to the Michigan Fair Trade Act. Defendant admitted such sales; but contended that because it had not signed a fair trade agreement with plaintiff, enforcement of the Michigan act against defendant would violate its rights under the due process clause of the state constitution. The trial court, treating the transactions involved as being exclusively in intrastate commerce, held the Michigan Fair Trade Act, as applied to non-signers of fair trade agreements, …

Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson

Michigan Law Review

Defendant, Attorney General for the state of Pennsylvania, wrote a letter to a District Attorney demanding the dismissal of the plaintiff, an Assistant District Attorney, because of the plaintiff's alleged communistic activities and associations, information of which had been brought to the attention of the defendant by the State Police. Before delivery of the letter to the District Attorney, the defendant released it to the newspapers. Plaintiff brought a libel action alleging the statements to be false and maliciously made. The defendant demurred and the court sustained. On appeal, held, affirmed. Although the defendant himself has no power to …

Taxation-Federal Income Tax-Deductibility Of Legal Fees Incurred In Contesting Gift Tax Deficiency, Richard B. Barnett S.Ed.

Michigan Law Review

Petitioner gave shares of stock in a closely held family corporation to his wife and children. After paying the federal gift tax, he was notified by the Commissioner of a deficiency of $145,276. The case was eventually settled by payment of $15,612. In this controversy petitioner incurred legal expenses which he sought to deduct on his income tax return under section 23(a)(2) of the Internal Revenue Code. When his claim was disallowed by the Commissioner, this suit was brought for refund. Held, on certiorari, this expenditure was not "for the production or collection of income'' nor incurred in the …

Horsky: The Washington Lawyer, Richard D. Rohr

Michigan Law Review

A Review of THE WASHINGTON LAWYER. By Charles A. Horsky.

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.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 51, Issue 2 of Michigan Law Review

Title Examinations In Michigan As Affected By The General Federal Tax Lien, L. Hart Wright

Michigan Law Review

There are three federal tax liens which serve to haunt the average title examiner. The first of these is pitched at the wholesale level; it is a shotgun type lien applicable to all federal taxes and is now provided for by section 3670 of the Internal Revenue Code. The second and third are not nearly so sweeping. One is confined to the federal estate tax, being provided for by section 827 of the code, while the other reinforces the federal gift tax and is the product of section 1009 of the code.

The discussion which follows deals only with the …