Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year
File Type

Articles 7051 - 7080 of 12807

Full-Text Articles in Entire DC Network

Front Matter, Michigan Law Review Mar 1951

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 49, Issue 5 of Michigan Law Review

Go to article

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford Mar 1951

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Go to article

Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: Ii, L. Hart Wright Mar 1951

Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: Ii, L. Hart Wright

Michigan Law Review

Introductory note. That some matters relating to the particular consideration received by a debtor on incurring an obligation would affect the applicability of the Kirby case to a saving derived by him from a subsequent cancellation or other bargain discharge was one of the first propositions settled by the Supreme Court. For the Kirby case itself justified the earlier immunity which had been granted the apparently solvent Kerbaugh-Empire Company on the ground that the funds which the latter had borrowed were lost in the venture for which its loan had been procured.

Go to article

Military Habeas Corpus: Ii, Seymour W. Wurfel Mar 1951

Military Habeas Corpus: Ii, Seymour W. Wurfel

Michigan Law Review

The doctrine is well established that habeas corpus is an extraordinary remedy which will not ordinarily lie where the law has provided another remedy. The numerical pressure of habeas corpus petitions by all types of prisoners in recent years has reached such proportions as to constitute a major problem in the administration of justice. It has engaged the administrative consideration of judicial officers and been the subject of legislation both federal and state. The Chief Justice of the United States in an address before the American Bar Association on September 7, 1949 strikingly stated the problem and urged "that something …

Go to article

Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed. Mar 1951

Criminal Law - ''Temporary Insanity" -Arguments And Proposals For Its Elimination As A Defense To Criminal Prosecution, Lewis R. Williams, Jr. S. Ed.

Michigan Law Review

ln view of the apparently increasing number of cases which have come before the courts in recent years in which the defense of "temporary insanity" has been made, an investigation into the status of that defense in the criminal law of today would seem desirable. The term "temporary insanity" is one of popular origin and finds no place in strict legal terminology. The defense of incapacity for the mens rea, legally speaking, is "insanity," not "temporary insanity." But because of the human desire for a mot convenable, we have come to apply the term "temporary insanity" to those …

Go to article

Patents-Exclusive Licenses-Licensor And Licensee Relationship- Llicensee's Obligations, Gordon W. Hueschen S. Ed. Mar 1951

Patents-Exclusive Licenses-Licensor And Licensee Relationship- Llicensee's Obligations, Gordon W. Hueschen S. Ed.

Michigan Law Review

Patent licensing is today, as always, a very significant part of patent law. Since royalty licenses allow a patentee to realize pecuniary benefits from his invention without yielding ownership, as he would by an assignment, they are especially attractive to an inventor who anticipates considerable commercial success for his contribution, and who does not desire to lose all control of the invention for a lump sum, the adequacy of which must be, at best, speculative. From the licensee's standpoint, it is usually advantageous to be free of competition from others also operating under the same patent monopoly, at least within …

Go to article

Agency-Termination-Power Coupled With An Interest, John A. Hellstrom S. Ed. Mar 1951

Agency-Termination-Power Coupled With An Interest, John A. Hellstrom S. Ed.

Michigan Law Review

Martin Gough died intestate leaving three brothers and an alleged wife as survivors. Since there was some doubt whether the woman was his widow and entitled to share in the estate as such, the three brothers agreed that one of their number, Luke, should negotiate a settlement for them with the woman. When this was done James refused to sign and revoked the power, whereupon Luke signed for him. A bill for specific performance of the agreement, brought by intestate's alleged wife, Margaret, and two brothers, Luke and Frank, against James, was dismissed by the lower court. On appeal, held …

Go to article

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed. Mar 1951

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …

Go to article

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed. Mar 1951

Constitutional Law-Fourteenth Amendment-Discrimination In Selection Of Grand Jurors, Alan C. Boyd S. Ed.

Michigan Law Review

Defendant's conviction of murder was affirmed by the Texas Court of Criminal Appeals, which rejected defendant's claim that discrimination in selection of the indicting grand jury had violated his constitutional rights. Defendant pointed out that the Negro proportion of grand jurors had uniformly been less than the ratio of Negroes to the total population of the county, and that on the past twenty-one lists the commissioners had consistently limited the number of Negroes to not more than one on each grand jury. On certiorari to the United States Supreme Court, held, reversed. Limitation of the number of Negroes on …

Go to article

Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed. Mar 1951

Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.

Michigan Law Review

A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …

Go to article

Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed. Mar 1951

Future Interests-Contingent Remainders-Destructibility By Merger, Douglass L. Mann S. Ed.

Michigan Law Review

X conveyed land to A for life, remainder to the heirs of A's body. Thereafter, X granted the same land by quit-claim deed to A in fee simple, without any conditions or restrictions whatever. The lower court upheld A's claim to an absolute fee in the property. On appeal, held, reversed. A holds a life estate and the reversion, but the remainder, though contingent, is not defeated. Whitten v. Whitten, (Okla. 1950) 219 P. (2d) 228.

Go to article

Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger Mar 1951

Negligence-Liability Of Hospital For Suicide Of Patient, Richard Darger

Michigan Law Review

Decedent, a patient in the advanced stages of labor awaiting transfer from the labor room to the delivery room of defendant hospital, opened a window, unhooked the screen and jumped or fell to her death below. It was assumed by the court that death was caused by intrapartum psychosis, a condition which plaintiff claimed was recognized by the medical profession as a hazard of childbirth. Decedent had exhibited no unusual symptoms and had previously been through two normal pregnancies. The jury was allowed to find defendant negligent in not providing for constant attendance and in failing to bar the window …

Go to article

Practice And Procedure-Trial Practice-Juror Affidavits, Paul M.D. Harrison S. Ed. Mar 1951

Practice And Procedure-Trial Practice-Juror Affidavits, Paul M.D. Harrison S. Ed.

Michigan Law Review

The jury, in an action for trespass, returned a verdict in favor of the plaintiff and thereafter separated after being dismissed by the court. Subsequently, a juror reported to the court that the verdict as returned did not express the actual agreement of the jury. Five days after dismissal the jury was recalled and, upon being polled, unanimously agreed that the verdict as returned did not represent the actual agreement of the jury due to an error in computation. The jury was sent back to the jury room under instructions to refigure the verdict only upon evidence already presented in …

Go to article

Insurance-Loan Contract Which Provides For Cancellation Of Debt In Event Of Named Contingencies As An Insurance Contract, Wendell B. Will Mar 1951

Insurance-Loan Contract Which Provides For Cancellation Of Debt In Event Of Named Contingencies As An Insurance Contract, Wendell B. Will

Michigan Law Review

In consideration of plaintiff's promise to pay $720 to defendant in twelve monthly installments, defendant promised to advance $600. Plaintiff's obligation was to be cancelled in case of his death, and his obligation to pay installments was to be suspended while plaintiff was disabled because of illness or accident. Plaintiff warranted his good health and agreed that the contract was neither usurious nor one of insurance. The contract having been executed, plaintiff sought recovery under the Texas usury statute. The trial court held that of the $120 paid in excess of the loan, $60 was for maximum legal interest, $12 …

Go to article

Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons Mar 1951

Torts-Malpractice-Duty Of Drugless Healer To Refrain From Or Discontinue Treatment, Morton L. Simons

Michigan Law Review

Defendant, a drugless healer licensed under statute as a sanipractor, undertook to treat plaintiff for what both parties realized was diabetes. Defendant followed standard sanipractic procedure, prescribing diets and baths. The treatment was unsuccessful, and plaintiff's health deteriorated greatly. Apparently on the theory that a sanipractor incurs no liability if he follows the accepted methods of his school, the trial court, notwithstanding jury's verdict for plaintiff, rendered judgment for defendant. On appeal, held, reversed and remanded, with directions to enter judgment on the verdict Where a drugless healer knows or should know that his method of treatment is not …

Go to article

Trusts And Estates-Legacies Of Corporate Shares-Right Of Selection, William O. Allen Mar 1951

Trusts And Estates-Legacies Of Corporate Shares-Right Of Selection, William O. Allen

Michigan Law Review

Testator by holographic will bequeathed twenty-five shares of certain stock to legatee, a minor unrelated to the testator. At his death, testator owned twenty-one shares of preferred and fifty-three shares of common stock of the specified type, the preferred stock being the more valuable. Held, legatee had the right to select the most valuable combination of shares possible, or twenty-one shares of preferred and four shares of common stock. In re Connolly's Estate, (Pa. Super. 1950) 71 A. (2d) 856.

Go to article

King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller Mar 1951

King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller

Michigan Law Review

A Review of MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITED STATES 1888-1910. By Willard L. King.

Go to article

Taxation-Immunity Of Federal Bonds To State Taxation, Lenamyra Saulson Mar 1951

Taxation-Immunity Of Federal Bonds To State Taxation, Lenamyra Saulson

Michigan Law Review

A New Jersey statute imposed a tax on domestic stock insurance corporations on the value of intangible property exclusive of tax-exempt property but required an assessment against all intangible property of not less than fifteen per cent of capital and surplus in excess of liabilities. In conformity with this statute, a tax was imposed on the appellant, a domestic stock insurance corporation, of fifteen per cent of the entire net worth, without deduction of the principal amount of tax-exempt United States bonds and accrued interest thereon. The appellant appealed to the United States Supreme Court on the ground that the …

Go to article

Brinton: Ideas And Men., Albert F. Nemnann Mar 1951

Brinton: Ideas And Men., Albert F. Nemnann

Michigan Law Review

A Review of IDEAS AND MEN. By Crane Brinton.

Go to article

Notes, Michigan Law Review Mar 1951

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.

Go to article

Monthly Periodical Index, Michigan Law Review Mar 1951

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.

Go to article

Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen Feb 1951

Jurisdiction-Diversity Of Citizenship-Corporations Domiciled In More Than One State, Harold G. Christensen

Michigan Law Review

Plaintiff brought action against defendant railroad in the federal district court for New Jersey district alleging that she was a citizen of New Jersey and that defendant was a corporation and citizen of New York. Defendant moved to dismiss for lack of diversity of citizenship alleging that it was a consolidated corporation of New York and New Jersey. Held, action dismissed. Since corporate existence was dependent upon both states, and plaintiff was also a citizen of one, diversity did not appear. Gavin v. Hudson & Manhattan R. Co., (D.C. N.J.1950) 90 F. Supp. 172.

Go to article

Front Matter, Michigan Law Review Feb 1951

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 49, Issue 4 of Michigan Law Review

Go to article

Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: I, L. Hart Wright Feb 1951

Realization Of Income Through Cancellations, Modifications, And Bargain Purchases Of Indebtedness: I, L. Hart Wright

Michigan Law Review

Treasury regulations bearing on the tax consequence of a cancellation, modification, or bargain purchase of one's outstanding indebtedness date back to those issued in connection with the Revenue Act of 1918. Thirteen years elapsed after their issuance before the Supreme Court in 1931 finally approved, at least with respect to the bargain purchase with which it was concerned, the principal which the regulations incorporated, namely, that the savings effected by such debtors could, as a constitutional as well as a statutory matter, involve the realization of taxable income. Competing interpretations of that decision, the government insisting on a sweeping application …

Go to article

Military Habeas Corpus: I, Seymour W. Wurfel Feb 1951

Military Habeas Corpus: I, Seymour W. Wurfel

Michigan Law Review

The mobilization of over twelve million persons into the armed forces in World War II made necessary a vastly expanded resort to court martial proceedings to enforce the criminal law. The trial by military tribunals of civilian employees of the military establishment in overseas areas and of prisoners of war and war crimes defendants added substantially to the number confined by military authority. On January 31, 1950, there remained in federal penal institutions 2508 prisoners serving civilian type felony sentences imposed by military tribunals. Before World War II, legal problems arising from attempts to invoke the remedy of habeas corpus …

Go to article

Gifts For The Benefit Of Minors, Austin Fleming Feb 1951

Gifts For The Benefit Of Minors, Austin Fleming

Michigan Law Review

Primarily because of tax incentives, lifetime gifts have become increasingly popular in recent years among persons of wealth. Until the Revenue Act of 1948, such gifts were frequently made between spouses. But the tax advantages of interspousal gifts were greatly lessened by the split-income privilege and the marital deduction, and a new inducement was given to gifts to third persons by the establishment of the right to treat such gifts as being one half from each spouse. As a result, gifts to children and grandchildren have taken on new prominence.

Go to article

Alterations Of Accrued Dividends: Ii, Arno C. Becht Feb 1951

Alterations Of Accrued Dividends: Ii, Arno C. Becht

Michigan Law Review

If the present course of decisions is continued, it is a serious question whether investors can safely purchase preferred stock at a price above the common stock of the same corporation. In all frankness, such certificates should now bear on their faces a statement that they are subject to alteration in a great variety of ways, all to their detriment, and that if business is bad, losses will be visited upon them, regardless of the liquidation and other preferences which they have on paper. It seems not unlikely that corporations will find that the temporary expedients which they have adopted …

Go to article

Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed. Feb 1951

Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.

Michigan Law Review

In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen.

Go to article

Corporations--Corporate Policy, The "Cure-All" For Proxy Solicitation Ailments, David M. Michaelson S. Ed. Feb 1951

Corporations--Corporate Policy, The "Cure-All" For Proxy Solicitation Ailments, David M. Michaelson S. Ed.

Michigan Law Review

All too often lawyers and students of law are inclined to assume that some principle or formula· has become so deeply rooted in the law that it has acquired a sanctity which gives it an all-embracive effect, a "cure-all," as it were, for legal ailments. This has been the usual approach when the question has arisen of the propriety of spending corporate funds to solicit proxies. The ever-faithful panacea has been to say, quite automatically, that where the intra-corporate contest is concerned with matters of policy as distinguished from personnel of management, then corporate funds may be used to inform …

Go to article

Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed. Feb 1951

Habeas Corpus-Exhaustion Of State Remedies-Denial Of Certiorari By Supreme Court As Condition To Obtaining Original Writ In Federal District Court, B. J. George, Jr. S. Ed.

Michigan Law Review

The expanded concept of due process of law under the Fourteenth Amendment during the past thirty years has brought increased inquiry by the federal courts into state criminal procedure. A common method of bringing such matters to the Supreme Court's attention has been the use of habeas corpus, particularly following confinement. But this increased vigilance over state criminal procedure has wrought an increasingly tender conscience on the part of the federal courts over resulting interference with state court systems. The theoretical problem has been further amplified on the practical level by the flood of petitions, largely frivolous or perjured, by …

Go to article

First Prev Next Last