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Michigan Law Review

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Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed. Dec 1948

Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.

Michigan Law Review

In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …


Federal Courts-Appeals-Federal Rule 54(B) And The Final Judgment Rule, W. Stirling Maxwell S.Ed. Dec 1948

Federal Courts-Appeals-Federal Rule 54(B) And The Final Judgment Rule, W. Stirling Maxwell S.Ed.

Michigan Law Review

The Judicial Code provides that "the circuit courts of appeal shall have appellate jurisdiction to review by appeal final decisions . . . in the district courts, in all cases save where a direct review may be had to the Supreme Court . . . . " But what is a final ( that is, appealable) decision? The final judgment rule, originated by the English common law courts and embodied in the Federal Judiciary Act of 1789, was stated by Justice Brandeis in Collins v. Miller to require "that the judgment to be appealable should be final not only as …


Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed. Dec 1948

Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed.

Michigan Law Review

Periods of economic depression, to a far greater degree than more prosperous times, bring into sharp conflict the competing interests of debtor and creditor. This conflict becomes especially apparent in the field of mortgage law. The mortgagee-creditor wants to enforce payment of the debt according to the terms of the contract, taking advantage of the security for which he bargained. The mortgagor-debtor is anxious to protect, if possible, his own investment in the mortgaged property. Because of the vast number of cases which occurred during the 1930's in which it appeared unduly harsh and inequitable to accord mortgagees their traditional …


New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed. Dec 1948

New Trial - Use Of Testimony Of Jurors To Set Aside Verdict, R. J. Nordstrom S.Ed.

Michigan Law Review

Whether or not testimony of a juror is admissible for the purpose of setting aside a verdict is a question upon which the cases are in conflict. Much of the contrariety of opinion is due to a failure of courts to distinguish between the two basic factual situations which present the problem. The juror's testimony may be sought to be introduced to show either: (1) that, due to some misunderstanding, his own thought processes were misdirected in arriving at his final vote; or, (2) that he observed the open misconduct of a fellow juror. At the outset it should be …


Bailments-Delivery Of Possession-Liability Of Shopkeeper For Loss Of Article Left In Reception Room, Myron J. Nadler Dec 1948

Bailments-Delivery Of Possession-Liability Of Shopkeeper For Loss Of Article Left In Reception Room, Myron J. Nadler

Michigan Law Review

Without the knowledge of defendants, plaintiff hung her coat on a hook provided for wraps in the unattended reception room of defendants' beauty shop. Upon leaving, plaintiff returned to the reception room but was unable to find her coat. Judgment for its value was recovered in the lower court upon the theory that defendants were bailees of the coat and had been negligent in caring for it. Held, reversed. No bailment existed because there was no change of possession of the coat sufficient to constitute a delivery. Theobald v. Satterthwaite, (Wash.1948) 190P. (2d) 714.


Constitutional Law-Privilege Against Self-Incrimination-Use Against Defendant Of Records Required To Be Kept By Federal Law, C. C. Grunewald S.Ed. Dec 1948

Constitutional Law-Privilege Against Self-Incrimination-Use Against Defendant Of Records Required To Be Kept By Federal Law, C. C. Grunewald S.Ed.

Michigan Law Review

Petitioner Shapiro, a produce wholesaler, was served under the authority of the Emergency Price Control Act with a subpoena duces tecum ordering him to produce certain duplicate sales invoices required to be kept by government regulation. The petitioner produced the records but claimed a constitutional privilege. When subsequently tried in the district court on charges of making tie-in sales in violation of the price regulations, petitioner pleaded immunity under section 202 (g) of the Emergency Price Control Act. His plea was overruled; conviction followed and was affirmed by the circuit court of appeals. On certiorari to the Supreme Court, held …


Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra Dec 1948

Contracts--Mutual Assent--Effect Of Insanity, Earl R. Boonstra

Michigan Law Review

Defendant listed a hotel with plaintiff, a broker, who procured a purchaser. Defendant refused to sell and pleaded insanity in defense to an action for a commission. The jury was charged to hold for defendant if it found defendant mentally incapable of entering into the contract. On appeal from a judgment for defendant, held, the instruction was erroneous. The unadjudicated insanity of one of the parties is not sufficient reason for setting a contract aside where the executed contract was made in good faith, for a fair consideration, and without notice of infirmity, and if the parties cannot be …


Corporations - Liability Of Directors For Failure To Enforce Corporate Right By Section 16b Of Securities Exchange Act, Bernard Goldstone Dec 1948

Corporations - Liability Of Directors For Failure To Enforce Corporate Right By Section 16b Of Securities Exchange Act, Bernard Goldstone

Michigan Law Review

Plaintiff brought a stockholder's derivative suit against the directors of X corporation, alleging that they wilfully failed to demand short term profits made in the sale of the corporation's securities by an officer of the corporation. These profits were recoverable by the corporation pursuant to section 16B of the Securities Exchange Act of 1934. Plaintiff further alleged that as a result of the directors' failure to sue, the statute of limitations barred recovery of these profits, giving rise to a common law action against the directors for waste. Defendants moved to dismiss. Held, motion granted. Directors were not liable …


Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed. Dec 1948

Courts - Due Process- Findings Of Fact By Court On Basis Of Transcript Where Master Has Not Submitted Report, J. R. Mackenzie S.Ed.

Michigan Law Review

After taking evidence upon a matter referred to him, a master in chancery closed the proofs, but died before making his report. The district court, after receiving briefs of counsel and hearing argument, made an ultimate finding based on the transcript of evidence. Held, such action by a court which has not seen the witnesses is not in accord with due process. Smith v. Dental Products Co., (C.C.A. 7th, 1948) 168 F. (2d) 516.


Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring Dec 1948

Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring

Michigan Law Review

Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then …


Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée Dec 1948

Criminal Law - Statutory Interpretation - Possession Of Gambling Devices As Misdemeanor, Richard B. Gushée

Michigan Law Review

In raiding a warehouse, a sheriff found forty-six dust-covered slot machines with payoff slots covered and containing no payoff mechanisms. There was no evidence that the machines had ever been used. Appellant had rented the warehouse for the purpose of storing the machines. His testimony showed that he owned the machines and was a dealer engaged in buying and selling them. He was indicted under a statute reading: "Any person who, by himself or with another, shall keep, maintain, employ, or carry on any lottery or other scheme or device for the hazarding of any money or valuable thing shall …


Corporations-Appraisal Statutes-Time Within Which Demand For Appraisal Must Be Made, Myron J. Nadler S.Ed. Dec 1948

Corporations-Appraisal Statutes-Time Within Which Demand For Appraisal Must Be Made, Myron J. Nadler S.Ed.

Michigan Law Review

A resolution to merge the corporation in which plaintiff held shares with defendant corporation was adopted by the shareholders over plaintiff's objection. Eight days later, plaintiff made written demand on defendant corporation for payment of the fair value of his shares. The statute required that such demand be made upon the surviving corporation "within twenty days after the merger . . . was effected," and provided that a merger became effective upon issuance of a certificate of merger by the Department of State. The articles of merger were not promptly filed and the certificate of merger did not issue until …


Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr. Dec 1948

Judges--Motion For New Trial--Death Of Trial Judge Before Hearing On Motion For New Trial, Albert B. Perlin, Jr.

Michigan Law Review

Judgment was entered upon a jury verdict for the plaintiff. Defendants thereupon filed their intention to move for a new trial, but before the motion could be heard the trial judge died and assignment was made for hearing before another judge of the same court. Section 661 of the California Code of Civil Procedure directed that, "The motion for new trial shall be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability of such judge or if at the time noticed for hearing thereon he is absent from the county …


Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed. Dec 1948

Labor Law--Labor-Management Relations Act--Union Unfair Labor Practices--Strike To Force Employer To Agree To Union Hiring Hall, L. B. Lea S.Ed.

Michigan Law Review

In negotiating collective bargaining contracts for 1948, respondents (National Maritime Union and its officers) insisted, as a condition precedent to entering into any agreement, upon continuation of existing hiring hall provisions. After refusal of the employers to agree to such proposal, respondents called a strike. Upon filing of charges of union unfair labor practice with the N.L.R.B., held, respondents' activities constituted violations of sections 8 (b) ( 2) and 8 (b) (3), but not of section 8 (b) (1) (A) of the National Labor Relations Act, as amended by the Labor-Management Relations Act. Member Gray dissented from the 8(b) …


Taxation-Liens-Nature Of Federal Estate Tax Lien, David D. Ring Dec 1948

Taxation-Liens-Nature Of Federal Estate Tax Lien, David D. Ring

Michigan Law Review

At the time of his death, decedent owned certain land in fee simple. His executrix, authorized by an order of the probate court, sold the land to herself as an individual. Subsequently, the United States began condemnation proceedings against the land, paying an award into court. Before distribution of this award was ordered, the executrix in her individual capacity and as ostensible owner was permitted in accordance with statute to withdraw a part of this award. The withdrawal was made without prejudice to her right to the remainder if it proved more than sufficient to satisfy the claims of other …


Brinton: From Many One, Michigan Law Review Dec 1948

Brinton: From Many One, Michigan Law Review

Michigan Law Review

A Review of FROM MANY ONE. By Crane Brinton.


Wills--Merger Of Annuity For Life In Residue Which Passed By Intestacy, L. K. Cooperrider S.Ed. Dec 1948

Wills--Merger Of Annuity For Life In Residue Which Passed By Intestacy, L. K. Cooperrider S.Ed.

Michigan Law Review

Testator made several pecuniary bequests, including an annuity to his daughter of $25 per month for life. The residue was bequeathed to charity, but this gift failed, and it went instead, by intestacy, to the daughter and a granddaughter. The latter, objecting to a plan of distribution proposed by the auditor, petitioned for immediate payment to herself of one-half of the entire estate, contending that the daughter's annuity merged in her intestate share. The Orphans' Court dismissed the petition, and decreed that $12,831.44 of the estate of $32,831.44 be retained to carry out the testator's delayed bequests, including the annuity, …


Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review Dec 1948

Joughin And Morgan: The Legacy Of Sacco And Vanzetti, Michigan Law Review

Michigan Law Review

A Review of THE LEGACY OF SACCO AND VANZETTI. By G. Louis Joughin and Edmund M. Morgan.


The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review Dec 1948

The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review

Michigan Law Review

A Review of PRELIMINARY DRAFT OF A WORLD CONSTITUTION. By The Committee to Frame a World Constitution.


Notes, Michigan Law Review Dec 1948

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publisher's literature, and the ordinary library sources.


Pritchett: The Roosevelt Court, Michigan Law Review Dec 1948

Pritchett: The Roosevelt Court, Michigan Law Review

Michigan Law Review

A Review of THE ROOSEVELT COURT. By C. Herman Pritchett.


Monthly Periodical Index, Michigan Law Review Dec 1948

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 Nov 1948

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 47, Issue 1 of Michigan Law Review


Forum On Current Problems In International Law, E. Blythe Stason Nov 1948

Forum On Current Problems In International Law, E. Blythe Stason

Michigan Law Review

Everyone recognizes that the hope of the future rests upon world-wide acceptance of the principle of pacific settlement of international disputes. Certainly at the present time the principle is far from firmly established in many important parts of the world. In furthering the acceptance of the idea, the members of the bar are under a special obligation. Familiar, as they are, with the rule of law in the pacific settlement of domestic disputes, they are in a peculiarly strategic position to aid in the extension of the principle to the international arena. They must contribute diligently and vigorously to that …


The Codification Of International Law, James L. Brierly Nov 1948

The Codification Of International Law, James L. Brierly

Michigan Law Review

Any conclusion about the desirability or the practicability of codifying international law ought to be based on a clear idea of what the process would involve, and unfortunately "codification" is an ambiguous word. In the sense in which British and American lawyers use the word it relates to the form in which the law is presented. When we codify, we do not regard the task as one of improving the substance of the law, but as one of collecting the existing rules and stating them concisely and clearly. It is true that, even so, the work must involve some element …


Legal Problems Of German Occupation, Charles Fahy Nov 1948

Legal Problems Of German Occupation, Charles Fahy

Michigan Law Review

In early May, 1945, after conflict of almost unimaginable proportions, the ground forces of Germany which were still fighting had been pushed back into the boundaries of Germany; the resistance of its army, navy and air forces was collapsing. The armies of the United States, the United Kingdom, the Union of Soviet Socialist Republics and France were in actual occupation of practically all of Germany. The German government composed of Hitler and his cabinet had come to an end by the death, capture or flight of its members. Under Hitler's "political testament," however, Admiral Doenitz was recognized as Hitler's successor …


The Legal Status Of Occupied Germany, Max Rheinstein Nov 1948

The Legal Status Of Occupied Germany, Max Rheinstein

Michigan Law Review

The unprecedented situation presently existing in Germany has, of necessity, given rise to new and intricate questions of international law. Of these, one set of problems appears to me to deserve special attention because of both their theoretical and practical significance, namely, the problems concerning the legal relations between Germany and .her occupiers.


International Law And Air Transportation, Charles S. Rhyne Nov 1948

International Law And Air Transportation, Charles S. Rhyne

Michigan Law Review

There was never a time when the people of this nation were more internationally-minded than they are today. The position of world leadership which has now been assumed by, or thrust upon, the United States makes the study of international relations under international law a most vital subject. It is our purpose here to consider the legal rules which have been and are being developed to govern a field whose technical achievements are one of the primary reasons why lawyers and laymen alike are vitally concerned with international law today-the field of international air transportation.


A Modern Law Of Nations, Percy E. Corbett Nov 1948

A Modern Law Of Nations, Percy E. Corbett

Michigan Law Review

The title of Professor Jessup's book implies a criticism of the existing, or "traditional" law of nations. That law is not, apparently, modern. What the author means can be gleaned from his first paragraph. The existing principles, institutions and procedures intended to govern the conduct of states and usually referred to as "international law," are not adequate to meet the conscious needs of today's world. Those needs find their sharpest expression in a widespread demand for a more reliable world order, one more capable of resolving peaceably conflicts between states, more capable of resisting the forces which periodically tear the …


Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed. Nov 1948

Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.

Michigan Law Review

This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.