Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (11192)
- Constitutional Law (1622)
- State and Local Government Law (947)
- Torts (910)
- Courts (879)
-
- Contracts (846)
- Estates and Trusts (841)
- Supreme Court of the United States (837)
- Legislation (770)
- Property Law and Real Estate (747)
- Legal History (684)
- Legal Writing and Research (674)
- Criminal Law (636)
- Labor and Employment Law (625)
- Business Organizations Law (596)
- Evidence (542)
- Jurisdiction (541)
- Tax Law (500)
- Banking and Finance Law (475)
- Criminal Procedure (462)
- Civil Rights and Discrimination (461)
- Securities Law (456)
- Litigation (446)
- Law and Society (423)
- Commercial Law (421)
- Civil Procedure (418)
- Administrative Law (404)
- Fourteenth Amendment (361)
- Common Law (358)
- Comparative and Foreign Law (353)
- Keyword
-
- United States Supreme Court (404)
- Book reviews (279)
- Liability (266)
- Negligence (249)
- Michigan (245)
-
- History (241)
- Fraud (223)
- New York (205)
- Treatises (193)
- Due process (192)
- Publications (181)
- Constitution (166)
- Judicial review (157)
- Intent (149)
- Law reform (149)
- Regulation (143)
- Race and law (135)
- Fifth Amendment (133)
- Corporations (126)
- Lawyers (122)
- Law professors (120)
- State courts (120)
- Federal courts (112)
- England (109)
- Interstate commerce (108)
- University of Michigan Law School (107)
- California (96)
- Competition (96)
- Racism (96)
- Clayton Act (95)
- Publication Year
- File Type
Articles 7291 - 7320 of 12807
Full-Text Articles in Entire DC Network
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Evidence-Status Of Microfilmed Business Records, William P. Sutter S. Ed.
Michigan Law Review
Many businesses today are turning to microfilm to record their essential papers in an effort to achieve ease and economy of operation through a reduction in storage requirements. Sixteen hundred pages of letter-press, transcripts or manuscripts can be reproduced on 100 feet of 35 mm. film to make a roll three inches in diameter. This is the equivalent of four thousand sheets of standard foolscap paper. Further illustrating the space savings is the fact that, on an average, the contents of 120 four-drawer file cabinets can be condensed into a single file cabinet and still leave some room for expansion. …
International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.
International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.
Michigan Law Review
In a decision handed down April 11, 1949, the court unanimously answered question I(a) (Can the United Nations sue for damages done to itself?) affirmatively. Question I(b) (Can the United Nations sue for damages done to its agents?) was also answered in the affirmative, but over the dissent of four judges. On question II, the majority of the court asserted that a conflict between the agent's national state and the United Nations would be avoided because the United Nations would be claiming only for breach of the obligation due to it.
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Michigan Law Review
In Standard Oil Company of California v. United States, the Supreme Court of the United States has given what appears to be a final and definitive answer to this question, although differing from what had formerly been thought to be the "final and definite answer." This comment will be centered on that case and its implications.
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Michigan Law Review
Exemptions from obligations to government are as old as Scripture. It is not strange, therefore, that the public interest in humane government should dictate numerous exemptions from the income tax levy, particularly when one considers that the income tax has long ceased to be simply a revenue producing vehicle. The regulation of inflation or deflation, the control of corporate financial structures, the distribution of wealth, all these and many other concern of government have entered into the formula of our income tax laws. The selection of those who are to be benefited by the tax exemption is, of course, made …
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Conflict Of Laws-Suit By Foreign Administrator Under Wrongful Death Act Of His State, Donald D. Davis S. Ed.
Michigan Law Review
Plaintiff, an administrator appointed by a Michigan court, brought action in New York to recover for the wrongful death in Michigan of his infant daughter. Defendant moved to dismiss on the ground that a foreign administrator had no standing to sue in New York without first obtaining ancillary letters. Held, motion denied. A foreign administrator, suing as a statutory trustee, is entitled to maintain action in New York on the strength of his original letters. Wiener v. Specific Pharmaceuticals, Inc., 298 N.Y. 346, 83 N.E. (2d) 673 (1949).
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Constitutional Law-Due Process-Right To Counsel In State Courts, Charles Myneder
Michigan Law Review
Petitioner was tried before a jury on a charge of larceny, convicted and sentenced to a penitentiary term. He did not request counsel, and the court made no offer to appoint counsel. In the course of the trial, petitioner was prejudiced by his failure to object to certain errors in evidence. In a petition for habeas corpus in the Supreme Court of Pennsylvania, he alleged denial of a constitutional right of counsel. On answer, it was averred that in petitioner's conduct of his own defense he displayed a "familiarity with legal process in the criminal courts." A transcript of petitioner's …
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Constitutional Law-Due Process-Use Of Extraneous Evidence In Determining Criminal Sentence, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Petitioner was convicted of murder in the first degree with a recommendation for life imprisonment. In reliance on police and probation reports showing petitioner's background which included over thirty burglaries for which he had never been arraigned and a "morbid sexuality," the trial judge disregarded the jury's recommendation and imposed the death sentence. Although petitioner did not have an opportunity to examine the reports prior to the sentence hearing, he was represented by counsel at the hearing and did not challenge them at that time. Petitioner contended that he had been denied due process of law because his sentence had …
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.
Michigan Law Review
Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …
Discovery-Oral Examination-Right To, And Scope Of, Cross-Examination Under New York And Federal Procedure, Daniel A. Isaacson
Discovery-Oral Examination-Right To, And Scope Of, Cross-Examination Under New York And Federal Procedure, Daniel A. Isaacson
Michigan Law Review
At the close of plaintiff's pre-trial examination of. defendant corporation's employee on the question of failure to make delivery of merchandise pursuant to certain contracts, attorney for defendant began to cross-examine. Plaintiff objected to this procedure but permitted the cross-examination to continue, reserving his right to make application to the court to strike out the testimony. Held, testimony stricken. There should be no cross-examination in a pre-trial examination except for the limited purpose of clarifying an answer given on direct examination, and cross-examination to elicit additional information to that already adduced by the moving party or to give a …
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Michigan Law Review
Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Michigan Law Review
Plaintiff and the deceased were operating an airplane commercially. Plaintiff had purchased the plane, and was paying the deceased $25 per week plus half of the profits of the venture. The deceased acted as pilot, and was instrumental in obtaining business. Plaintiff took out insurance on the plane, and also on the life of the deceased, although their only relationship was through the joint venture. The plane was wrecked and the deceased was killed while on company business. The claim for the plane was paid, but the defendant refused to pay on the life insurance policy, claiming that the plaintiff …
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Legislation-Federal Tort Claims Act-Applicable To Military Personnel, B. J. George, Jr.
Michigan Law Review
An automobile containing two furloughed soldiers and their father was struck by a negligently operated army vehicle, resulting in the death of one soldier and injury to the other two occupants. In a suit against the government under the Federal Tort Claims Act the father and injured soldier recovered in their own right and the father also recovered as administrator of the deceased soldier's estate. The Circuit Court of Appeals reversed the judgments in favor of the servicemen, holding that there was an implied exception in the act prohibiting such suits because of benefits available to servicemen in the form …
Negligence-Proof Of Causation, Walter Dean
Negligence-Proof Of Causation, Walter Dean
Michigan Law Review
Decedent, a passenger on defendant's railroad was bound for X Terminal. The car doors were open and a trainman called out, "X Terminal, next," but the train stopped in the dark at point Y before reaching the announced destination to allow another train to pass. Decedent's body was found near point Y. Suit was brought by decedent's widow under the state "wrongful death" statutes. The lower court held that the plaintiff's failure to show that decedent left the train at point Y was a fatal gap in the causal chain, and gave judgment for the defendant notwithstanding the …
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Torts-Right Of Infant To Recover For Pre-Natal Injuries, Melvin J. Spencer S. Ed.
Michigan Law Review
Plaintiff's mother, while pregnant with plaintiff, a viable child, was fatally injured in a fall from the steps of defendant's bus. Plaintiff was seriously injured by the fall and was born prematurely. On demurrer to plaintiff's petition, held, plaintiff had a remedy under the Constitution of Ohio for pre-natal injuries negligently inflicted. Williams v. The Marion Rapid Transit, Inc., 152 Ohio St. 114, 87 N.E. (2d) 334 (1949).
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Trusts And Estates-Accumulations-Setting Aside Reserve For Depreciation On Trust Buildings, Hugh B. Muir
Michigan Law Review
Testator created a testamentary trust of several parcels of real property improved with apartment houses, authorizing the trustees to pay the net annual income therefrom to his sons in equal shares. The trust was to terminate when the youngest son attained the age of twenty-one, or, if he died before majority, when the second youngest son attained the age of thirty-seven, or sooner died. Remainder was to the testator's sons living at the termination date or their issue, per stirpes. Testator, while living, had maintained accounting records for the properties in such manner as to reflect an annual charge for …
Wills-Construction-Gift To Executor To Be Disposed Of In His Discretion As A General Power Of Appointment, Colvin A. Peterson, Jr., S. Ed.
Wills-Construction-Gift To Executor To Be Disposed Of In His Discretion As A General Power Of Appointment, Colvin A. Peterson, Jr., S. Ed.
Michigan Law Review
Testator, after bequeathing specific legacies, gave the residue of his estate to his executor to "dispose of any balance after the aforementioned gifts have been paid according to his wise discretion.'' The executor was the husband of testator's niece, one of the legatees, and he was well acquainted with testator. He declared his intention of disposing of the residue to testator's nieces, for whom testator had expressed concern. The trial court held the testator had attempted to create a trust by the residuary clause, which failed for indefiniteness. On appeal, held, reversed. The testator created a general power of …
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Witnesses-Wife As Witness Against Husband In Prosecution Under Mann Act, James F. Gordy S. Ed.
Michigan Law Review
Defendant was convicted of having transported his wife in interstate commerce for the purpose of prostitution in violation of the White Slave Traffic Act. Defendant's wife testified to the various transportations which defendant had made of her and to her practicing of prostitution at their different destinations. Defendant contended that the trial court erred in permitting his wife, over his objection, to testify against him. On appeal, held, affirmed. So far as appellant's rights were concerned, the wife's testimony was competent evidence against him. Shores v. United States, (8th Cir. 1949) 174 F. (2d) 838.
Silverberg: How To Take A Case Before The National Labor Relations Board, Michigan Law Review
Silverberg: How To Take A Case Before The National Labor Relations Board, Michigan Law Review
Michigan Law Review
A Review of HOW TO TAKE A CASE BEFORE THE NATIONAL LABOR RELATIONS BOARD By Louis G. Silverberg.
Wormser: The Law, Michigan Law Review
Wormser: The Law, Michigan Law Review
Michigan Law Review
a Review of THE LAW By Rene A. Wormser.
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.
Alternative Pleading: I, Roy W. Mcdonald
Alternative Pleading: I, Roy W. Mcdonald
Michigan Law Review
The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …
A Critique Of The New British Monopoly Act, Gerald M. Meier
A Critique Of The New British Monopoly Act, Gerald M. Meier
Michigan Law Review
In 1948 the British Parliament passed the Monopoly and Restrictive Practices (Inquiry and Control) Act. It is instructive to examine this Act against the background of the criticisms and suggestions for improvement which have emerged with sixty years of American anti-trust legislation. Section one of this paper presents some reasons why the measure has appeared at this time. The next section summarizes the Act's provisions. Section three contrasts the British technique of monopoly control with the American and considers whether the different approach is likely to avoid the debilities which have become evident in the American legislation.
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Negotiable Instruments Under The Uniform Commercial Code, George E. Palmer
Michigan Law Review
The ambitious undertaking of the American Law Institute and the National Conference of Commissioners on Uniform State Laws to draft a "Uniform Commercial Code" includes a proposed revision of the Negotiable Instruments Law. This is not merely an attempt to patch up the present statute. It is virtually a complete rewriting. It includes many changes and additions in substance as well as a radical reorganization and rephrasing of language where no change in substance is designed. · It includes the much needed separation of the provisions relating to investment instruments such as corporate bonds from those relating to bills, checks, …
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Michigan Law Review
At the present time this nation is greatly concerned over the state of its political health. Advocates of foreign ideologies are asserting their creeds with ever-increasing vigor. The doctrines they propound are generally conceded to be inconsistent with American ideals, and their activity has induced a feeling of alarm, sometimes attended by hostile reaction. There have been instances where this reaction has taken the form of demands that the proponents of these ideas be silenced. In these circumstances, it becomes important to examine the power of state and federal governments to restrict their activities, particularly with respect to the freedom …
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Partnerships-Limited-Failure To Comply With Statutes As Basis For Unlimited Liability, Fred W. Freeman S. Ed.
Michigan Law Review
The recent decision of the Eighth Circuit Court of Appeals in Kistler v. Gingles, that a limited partner under the Arkansas Limited Partnership Act fails to avoid unlimited liability if the terms of the statute are not complied with, illustrates the inherent danger of the limited partnership. This statute, which is typical of the limited partnership statutes antedating the Uniform Limited Partnership Act, provides, in part, for an affidavit by one of the general partners stating that the sums which each limited partner proposes to contribute to the enterprise have actually and in good faith been paid into the …
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.
Michigan Law Review
Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 48, Issue 3 of Michigan Law Review
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Contracts - Mutuality- Consideration In A "Requirements" Contract, Robert W. Shadd S. Ed.
Michigan Law Review
Plaintiff, a wholesale liquor distributor, and defendant entered into a contract under which plaintiff agreed to place orders with defendant from time to time for all such wines as it might require under labels bearing plaintiff's own brand or trade name. Defendant agreed to fill these orders for a period of sixteen months, as well as orders for other wines bottled under labels not the exclusive property of plaintiff. As to the latter types of wine, however, plaintiff was expressly left free to purchase from others. When defendant refused to complete orders pursuant to this agreement, plaintiff brought an action …
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Discovery-Attorney-Client Privilege-Statements By Client To Insurer Before Attorney Employed, Colvin A. Peterson, Jr. S. Ed.
Michigan Law Review
Plaintiff, suing for personal injuries suffered in an automobile collision, sought discovery of statements made by defendant to his insurer, both before and after an attorney had been employed by the insurer pursuant to its contract with defendant. Defendant contended that such statements were within the attorney-client privilege. On appeal from an order denying discovery, held, affirmed. The statements were intended as a communication by defendant to the attorney ultimately to be retained for him by his insurer, and the insurer was the agent of defendant to transmit the statements to the attorney when selected. Hollien v. Kaye, …
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …