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Articles 6931 - 6960 of 12807
Full-Text Articles in Entire DC Network
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Constitutional Law-Commerce Clause-State Taxation Of Commerce, Allan Neef S.Ed.
Michigan Law Review
Plaintiff, a Massachusetts manufacturing corporation operating on a mail order-f.o.b. delivery basis, maintained a branch office and warehouse in Chicago. While some over-the-counter sales were consummated in Chicago, this office acted mainly as a headquarters for an engineering staff maintained as a service to customers, and as a conduit for orders placed by Illinois customers with the company. Orders received at the branch office were forwarded to Massachusetts for acceptance or rejection, and some filled orders were shipped to customers by way of the local outlet as a means of reducing freight costs. Although the Chicago office did not solicit …
Constitutional Law--Import-Export Clause--Validity Of A State Gross Receipts Tax On Common Carriers Transporting Imports And Exports, Roger D. Anderson S.Ed.
Constitutional Law--Import-Export Clause--Validity Of A State Gross Receipts Tax On Common Carriers Transporting Imports And Exports, Roger D. Anderson S.Ed.
Michigan Law Review
The State of Maryland levied a nondiscriminatory gross receipts tax on revenues of common carriers operating within the state, apportioned on the basis of trackage within Maryland to trackage everywhere. Petitioners, who are common carriers operating within Maryland, objected to this tax to the extent that it constituted a tax on gross receipts derived from transporting imports and exports on the grounds that it violated the import-export clause. The court of appeals of Maryland declared the tax valid. On appeal, held, affirmed. Where the tax is on an activity connected with the import or export of goods, rather than …
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Corporations-Liability Of Transfer Agent For Wrongful Refusal To Transfer Shares, Howard Van Antwerp S.Ed.
Michigan Law Review
Plaintiff, stockholder in a mining company, sued a transfer agent of the company in conversion for its refusal to transfer plaintiff's stock into block shares. The lower court found for plaintiff. On appeal, held, reversed. There is no direct liability of a transfer agent to the stockholder for wrongful nonfeasance in delaying or refusing to transfer stock. Mears v. Crocker First Nat. Bank of San Francisco, (Cal. App. 1950) 218 P. (2d) 91.
Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed.
Federal Procedure-Proper Venue In Patent Infringement Action Against Corporation, Gordon W. Hueschen S.Ed.
Michigan Law Review
Plaintiffs brought an action for patent infringement against defendant corporation in the Federal District Court for the Southern Division of California, alleging only defendant's "residence" within the district. Defendant moved to dismiss the complaint on the ground that defendant, being a Delaware corporation, did not "reside" within the district, thus rendering the venue defective. Plaintiffs replied that the word "resides," as used in the patent infringement venue section of the code, which states that "any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement …
International Law-Effect Of Philippine Independence On Filipino Citizens Resident In The United States, Donald S. Leeper S.Ed.
International Law-Effect Of Philippine Independence On Filipino Citizens Resident In The United States, Donald S. Leeper S.Ed.
Michigan Law Review
Appellant was born in the Philippine Islands in 1910 and lawfully entered the Territory of Hawaii in 1930, where he has resided ever since. In 1949 appellant applied for the issuance of a United States passport. Application was denied on the ground that the appellant became an alien under the Presidential Proclamation of Philippine Independence of July 4, 1946, and hence was not entitled to a passport. Appellant petitioned to have his status declared to be that of a national of the United States. This was resisted on the ground that the intention of the United States Government was to …
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Municipal Corporations-Zoning-Limitations On The Power To Lift Zoning Restrictions, Allan Neef S.Ed.
Michigan Law Review
A declaratory judgment proceeding was brought by persons owning property within a small-unit residential zone to determine the validity of a rezoning amendment relaxing the restrictions upon one block located ·within the zone. The change was designed to allow the construction of large apartment houses, containing some inside commercial establishments, in an area formerly restricted to family units of less than seven apartments. The entire area, with the exception of the island created by the rezoned block, was restricted to the smaller types of residential units, and was predominantly made up of single family residences. On appeal from a judgment …
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Torts-Breach Of Duty-Right To Recover For Prenatal Injuries, Patrick J. Ledwidge S.Ed.
Michigan Law Review
Plaintiff, as administrator, brought an action to recover for the death and conscious suffering of plaintiff's intestate, allegedly injured, while a viable child within her mother's womb, by the tortious act of the defendant. Defendant's demurrer to the declaration was sustained. On appeal, held, affirmed. Neither the infant nor its personal representative has a cause of action for prenatal personal injuries. Bliss v. Passanesi, (Mass. 1950) 95 N.E. (2d) 206.
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.
Michigan Law Review
Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …
Fisher & Hawley: A Few Buttons Missing., Curtis Wright, Jr.
Fisher & Hawley: A Few Buttons Missing., Curtis Wright, Jr.
Michigan Law Review
A Review of A FEW BUTTONS MISSING. By James T. Fisher, M.D. and Lowell S. Hawley.
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.
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.
Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson
Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson
Michigan Law Review
It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 49, Issue 8 of Michigan Law Review
This Issue Is Dedicated To The Memory Of The Late Professor Grover Cleveland Grismore, Edson R. Sunderland, Paul A. Leidy, Marcus A. Plant
This Issue Is Dedicated To The Memory Of The Late Professor Grover Cleveland Grismore, Edson R. Sunderland, Paul A. Leidy, Marcus A. Plant
Michigan Law Review
A tribute to Grover Cleveland Grismore
Insolvent Decedents' Estates, Kurt H. Nadelmann
Insolvent Decedents' Estates, Kurt H. Nadelmann
Michigan Law Review
The problems of insolvent decedents' estates have created special difficulties in all legal systems. Two unrelated fields of the law are involved: decedents' estates and insolvency. Treatment of the topic in works on one or the other field is often scanty and few studies exist which deal exclusively with insolvent decedents' estates law. Research in the conflicts problems of the field has led the writer to investigate the differences in the treatment of insolvent decedents' estates in this country, other common law countries, and countries of the civil law. Results of this study are used to discuss problems of the …
Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser
Jurisdiction In Private International Air Law Cases, H. Alberta Colclaser
Michigan Law Review
Causes of action involving nationals of different countries frequently give rise to jurisdictional problems. These problems become pronounced in cases where absence of the defendant from the jurisdiction where the cause is heard results in allegations of substantive or procedural prejudice to the defendant and in cases where the failure of the defendant to satisfy a judgment awarded against him creates a necessity for the plaintiff to take his case to another jurisdiction for execution.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Michigan Law Review
THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …
Labor Law - Labor-Management Relations Act -Applicability Of Non-Communist Affidavit To Parent Federation, Robert S. Griggs
Labor Law - Labor-Management Relations Act -Applicability Of Non-Communist Affidavit To Parent Federation, Robert S. Griggs
Michigan Law Review
The language of section 9(h) of Title I of the Labor Management Relations Act of 1947 conditions assertion of rights under the act by a labor organization upon its submission to the Labor Board of particularly described affidavits executed by each of its local officers and the officers of "any national or international labor organization of which it is an affiliate or constituent unit." The Board had considered the scope of the quoted phrase not to include the federation type of organization. The Court of Appeals for the District of Columbia Circuit had agreed with the Board's construction. The Fourth …
International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.
International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.
Michigan Law Review
The mandate system represented an attempt to cope with the problem of nonself-governing territories as an international responsibility and, for the most part, was an advancement over former methods of treatment. The system was not perfect and its operation pointed up a number of its defects. The framers of the United Nations Charter formulated the trusteeship system to take the place of the mandate system, correcting its defects and adding certain innovations. The purpose of this comment is to present a brief comparison of the two systems and to consider a few of the major problems presented.
Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed.
Civil Procedure-Verdicts-New Trial For Defendant Because Of Inadequacy Of Verdict Against Him, Cleaveland J. Rice S. Ed.
Michigan Law Review
Plaintiff sued on a contract for a pro rata share of an agreed $750 annual bonus in addition to salary. The evidence was undisputed that plaintiff had worked for at least the first six months of the year, and possibly seven. The jury was instructed that if it should find that there was such a contract, it should return a verdict for a fractional part of $750, the amount depending upon the portion of the year worked. The result was a verdict in favor of plaintiff for only $312.50. The trial court denied defendant's motion for new trial on grounds …
Bills And Notes-Indorsements-Liability Of Collecting Bank To Drawer For Payment On Forged Indorsement, Richard Darger
Bills And Notes-Indorsements-Liability Of Collecting Bank To Drawer For Payment On Forged Indorsement, Richard Darger
Michigan Law Review
Plaintiff was the drawer of a series of checks which were signed by, an authorized agent because of the fraudulent representation of one of its employees. These checks were never delivered to the payees but were cashed by defendant bank for the guilty employee upon indorsements forged by him. Defendant indorsed the checks and collected thereon from the drawee bank which, in turn, charged the checks to plaintiff's account. Plaintiff discovered the fraud after the statute of limitations had run on any action by plaintiff against the drawee bank. Plaintiff brought this action seeking recovery on the basis of (1) …
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Constitutional Law-Civil Rights-Discharge Of Teachers For Subversive Activity, William H. Bates
Michigan Law Review
An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment. The supreme court of New York, special term, held the law unconstitutional; the appellate division …
Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen
Constitutional Law-Commerce Clause-State Regulation Of Interstate Commerce, William O. Allen
Michigan Law Review
The City of Madison enacted an ordinance prohibiting the sale within the municipality's jurisdiction of milk not pasteurized and bottled within five miles of the city's central square. Plaintiff, an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin, had its pasteurization plant in Illinois, approximately sixty-five miles from Madison. After it had been denied a permit to distribute milk in Madison, plaintiff brought an action for a declaratory judgment as to the validity of the ordinance. The ordinance was upheld by the Wisconsin Supreme Court as a reasonable exercise of the municipality's police power. On …
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, William H. Bates
Constitutional Law-Commerce Clause-State Taxation Of Interstate Commerce, William H. Bates
Michigan Law Review
Appellant, a Missouri corporation, was domiciled in Illinois and engaged in interstate trucking of commodities to and from Connecticut. The appellant had twenty-seven employees, office equipment, pick-up trucks and two terminals within Connecticut. Approximately one-third to one-half of appellant's business originated in Connecticut, but a very small percentage of the total mileage traveled by its trucks lay within the state. Appellant was not engaged in intrastate commerce, nor had it been authorized to transact such business. Under the Connecticut Corporation Business Tax Act of 1935 appellant was assessed for taxes and penalties. The statute imposed a franchise tax upon certain …
Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Constitutional Law-Fifth Amendment-Privilege Against Self-Incrimination By Admission, Or Knowledge, Of Communist Activities, Morris G. Shanker
Michigan Law Review
ln response to a subpoena, petitioner appeared as a witness before a United States district court grand jury. Several questions concerning· her knowledge and association with the Communist Party were put to her. In each case, she refused to answer the questions, claiming the constitutional privilege against self-incrimination. For refusal to answer these same questions when brought before the district court, petitioner was adjudged to be in contempt of court. The court of appeals affirmed the holdings, and certiorari was granted by the Supreme Court. Held, judgment reversed. The Smith Act makes it unlawful to advocate knowingly the desirability …
Corporations-Voluntary Reorganization Under The Public Utility Holding Company Act Of 1935-Valuation Of Stock Option Warrant, William H. Bates
Corporations-Voluntary Reorganization Under The Public Utility Holding Company Act Of 1935-Valuation Of Stock Option Warrant, William H. Bates
Michigan Law Review
Appellant corporation submitted a voluntary reorganization plan to the Securities and Exchange Commission pursuant to sections II(h)(2) and II(e) of the Public Utility Holding Company Act of 1935. The plan consisted of two parts. The first proposed consolidation of three of the appellant's subsidiaries into a newly formed operational company. The second part provided for dissolution of the appellant corporation, with the holders of securities therein being issued stock in the new corporation to the extent of the value of their interest in the appellant corporation. All the security holders of appellant were allowed participation in the securities of the …
Future Interests-Suspension Of Power Of Alienation-Effect Of Trustee's Power To Sell And Reinvest, Douglas L. Mann S. Ed.
Future Interests-Suspension Of Power Of Alienation-Effect Of Trustee's Power To Sell And Reinvest, Douglas L. Mann S. Ed.
Michigan Law Review
Testatrix' will provided that the residue of her estate was to be held in trust for the benefit of her great-nephews and great-nieces. The income from the trust estate was to be paid to them each year and, when the youngest attained the age of fifty, the corpus was to be divided equally among them. Testatrix left two nephews surviving her. Held, the disposition was valid. There was an implied power in the trustee to sell and reinvest the trust corpus, and therefore, the trust did not violate the statutory prohibition against suspension of the absolute power of alienation. …
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Evidence-Admissibility Of Uncommunicated Threats, Thomas Hartwell S. Ed.
Michigan Law Review
The defendant was convicted of murder in the first degree, following his killing of one Hunter as the outcome of a quarrel. The defendant had pleaded self-defense, contending that Hunter had appeared to threaten him. The defendant was the only witness to testify as to any aggression on the part of Hunter, while the four eyewitnesses to the killing all testified that the accused had attacked Hunter without warning and had fired upon Hunter's wife and child. Defendant's motion for new trial on the ground of newly discovered evidence showing that Hunter had in his pocket an open knife, which …
Contracts-Illegality-Effect Of Violation Of Assumed Name Statute, Gordon I. Ginsberg
Contracts-Illegality-Effect Of Violation Of Assumed Name Statute, Gordon I. Ginsberg
Michigan Law Review
ln response to a subpoena, petitioner appeared as a witness before a United States district court grand jury. Several questions concerning· her knowledge and association with the Communist Party were put to her. In each case, she refused to answer the questions, claiming the constitutional privilege against self-incrimination. For refusal to answer these same questions when brought before the district court, petitioner was adjudged to be in contempt of court. The court of appeals affirmed the holdings, and certiorari was granted by the Supreme Court. Held, judgment reversed. The Smith Act makes it unlawful to advocate knowingly the desirability …
International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.
International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.
Michigan Law Review
Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff's members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff's members had no real understanding of the tenets of Shintoism as …