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Full-Text Articles in Entire DC Network
Gray: Law And The Practice Of Medicine, Michigan Law Review
Gray: Law And The Practice Of Medicine, Michigan Law Review
Michigan Law Review
A Review of LAW AND THE PRACTICE OF MEDICINE. By Kenneth George Gray.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 46, Issue 4 of Michigan Law Review
This Issue Is Dedicated To The Late Professor Joseph Horace Drake, E. Blythe Stason
This Issue Is Dedicated To The Late Professor Joseph Horace Drake, E. Blythe Stason
Michigan Law Review
To his colleagues on the law faculty, by whom Professor Drake was greatly beloved, he was known for his courteous and gentlemanly manners, his quiet but effective sense of humor, and his scholarly approach to all of the questions of the day. He never failed to see the bright and sunny side of the problems of the moment.
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Mr. Justice William Johnson, Jurist In Limine: Views On Judicial Precedent, A. J. Levin
Michigan Law Review
We have already become familiar with Johnson's awareness of the unconsciousness of mankind "of the shackles which superstition and tyranny had thrown around" it. He was also sensitive to the part which the law had played in preserving such a state of affairs. His keen and analytic mind was unwilling to accept as final what he knew was the illusive mirage of reality. The situation was a frustrating one-so much so that few minds today are prepared to accept the challenge which such a dynamic attitude entailed for him. He began anticipating beyond the capacities of the minds of those …
Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii
Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii
Michigan Law Review
The attack upon alleged discrimination against industrial development of the South, Southwest, and West by the maintenance of higher freight-rates on shipments from those sections to the greater markets of the North and East has followed two plans: (1) complaint to the Interstate Commerce Commission to remedy the discrimination by the exercise of its power over the rates themselves; (2) anti-trust action against the agencies through which the rates are initiated. The second plan of attack is illustrated by prosecutions brought by the Department of Justice Anti-Trust Division against forty-seven western railroads for illegal conspiracy to set unfair freight-rates, and …
Quasi-Contracts-Concept Of Benefit, George A. Rinker S.Ed.
Quasi-Contracts-Concept Of Benefit, George A. Rinker S.Ed.
Michigan Law Review
One of the basic elements of quasi-contract, and probably the most complex, is the concept of benefit. Its origin lies in the early actions to recover for unjust enrichment, and the early characteristics, for the most part, have persisted to the present time. While "enrichment" is no longer an accurate synonym for benefit, as it once was, the qualitative "unjust" still retains its vigor. Thus, "unjustified benefit" is a more accurate name for the concept. As used in quasi-contract and related fields of law, the concept is composed of several factors, no one of which can be considered as invariable. …
Price Discriminations And Their Justifications Under The Robinson-Patman Act Of 1936, John T. Haslett
Price Discriminations And Their Justifications Under The Robinson-Patman Act Of 1936, John T. Haslett
Michigan Law Review
The Robinson-Patman Act was approved by the President on June 19, 1936. The purpose of the act was to amend section 2 of the Clayton Act, which prohibited price discriminations in interstate commerce. Congress, by amending section 2 of the Clayton Act, broadened the scope of the section by extending its purposes and prohibitions to price discriminations not formerly covered and by prohibiting other forms of discrimination which give favored purchasers undue cost advantages over their non-favored competitors. It also reduced the extent of requisite competitive injury.
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Bills And Notes-Construction Of Negotiable Instruments And Contemporaneous Written Agreements, Ralph J. Isackson
Michigan Law Review
On April 12, 1938, M executed a demand promissory note, negotiable in form, payable to the order of his daughter, the plaintiff. Simultaneously M prepared and attached a written instrument to the note stating that the plaintiff agreed that she would not attempt to collect the note until M died. The attached instruments were delivered to plaintiff immediately after execution. M died May 23, 1945. Plaintiff, who held the instruments from the date of execution without making any demand for payment, filed the note with the defendant, M's administrator, as a claim against M's estate. The defendant objected …
Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon
Constitutional Law-Federal Courts-Citizenship In The District Of Columbia As A Basis For Diversity Of Citizenship Jurisdiction, Samuel N. Greenspoon
Michigan Law Review
Plaintiff, a District of Columbia corporation, sued defendant, a Nebraska corporation, in the Municipal Court of Chicago, Illinois. Defendant removed the case to a federal district court pursuant to the provisions of an amendment to the judicial code extending the jurisdiction of the federal courts to suits and controversies between citizens of the District of Columbia and citizens of any state or territory. From an adverse judgment defendant appealed, raising for the first time in the case the question of constitutionality of the amendment conferring jurisdiction. Held, the amendment is unconstitutional. Judge Evans dissented. Central States Cooperatives, Inc. v. …
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Constitutional Law-Interstate Privileges And Immunities-State's Proprietary Interest In Its Natural Resources, Daniel W. Reddin, Iii
Michigan Law Review
Plaintiffs, non-residents of South Carolina, brought action to enjoin enforcement of the South Carolina statutes regulating fishing within the three mile maritime belt. The statutes imposed an annual license fee on boats engaged in shrimp fishing of $25.00, if owned by residents, and of $2500.00, if owned by non-residents; it exacted a tax of 1/8 cent per pound on green shrimp taken or "canned, shucked or shipped for market," and it required all licensed boats to unload, pack and properly stamp their catch in South Carolina before shipment to another state. Plaintiffs who fish within and beyond the three-mile limit …
Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.
Contracts--Statute Of Frauds--Validity Of Memorandum Made Prior To Oral Contract, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff and defendant exchanged several letters concerning six contiguous lots which defendant owned. In one letter plaintiff made an offer to purchase the lots which was declined by defendant. Plaintiff then requested defendant to name her price. She replied that they were worth at least $12,000 but made no offer to sell. Subsequently they orally contracted for sale of the lots for $11,000. As a down payment plaintiff gave defendant a $500 check which contained a notation that it was "to be applied on purchase of property on E. Central Ave., Albuquerque, N. M. . . ." Defendant indorsed and …
Corporations-Appraisal Statutes-Demand By Dissenting Shareholder For Cash Value Of His Shares, William J. Schrenk
Corporations-Appraisal Statutes-Demand By Dissenting Shareholder For Cash Value Of His Shares, William J. Schrenk
Michigan Law Review
Plaintiff shareholder, who dissented from a plan to sell all of defendant corporation's assets, sued under the Ohio statute to obtain appraisal of his shares. At plaintiff's request, an objection to the sale and a demand for the cash value of his shares was served upon defendant by his, attorney. Although the demand was made within the required period after the shareholders' meeting at which the plan was accepted, the trial court refused to allow appraisal on the ground that plaintiff did not make the demand personally and had not notified the corporation that his attorney was authorized to act …
Corporations--Section 16 (B) Of Securities Exchange Act-Short Swing Profits-Statute Of Limitations, Emerson T. Chandler
Corporations--Section 16 (B) Of Securities Exchange Act-Short Swing Profits-Statute Of Limitations, Emerson T. Chandler
Michigan Law Review
Plaintiffs brought a shareholders' class action under section 16 (b) of the Securities and Exchange Act of 1934 alleging that defendant, an officer, director, and substantial stockholder of the corporation, had realized profits from trading in the corporation's securities within a six-month period and had fraudulently concealed such profits by failing to file the statement required by section 16 (a) of the act until after suit was instituted against him over four years later by the S.E.C., thereby delaying plaintiff's discovery of the facts. Defendant moved for dismissal on the ground that suit was not brought within the two-year period …
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Criminal Law-Manslaughter-Effect Of Violation Of Statute Or Ordinance On Criminal Negligence, C. E. Becraft
Michigan Law Review
Defendant was convicted of the crime of negligent homicide and appealed, alleging that the Louisiana statute, making violation of a statute or ordinance presumptive evidence of criminal negligence, was repugnant to the due process clauses of the state and federal constitutions. Held, affirmed. The effect of the statute is merely to shift the burden of introducing evidence of one element of the crime charged: that of criminal negligence. The presumption does not operate as a prima facie presumption of guilt of the crime -and the state must still prove every element of the offense. State v. Nix, (La. …
Future Interests-Parties-Unborn Persons-Virtual Representation, A. E. Anderson S.Ed.
Future Interests-Parties-Unborn Persons-Virtual Representation, A. E. Anderson S.Ed.
Michigan Law Review
Testator devised land to his six children for life with provision for a division into six equal parcels, and with remainder over to each life tenant's surviving issue. Subsequently, four of the life tenants brought an action against the other two life tenants and the three children of the life tenant then living, and obtained a decree ordering a sale of the land, and requiring each life tenant to file a bond conditioned that he safely keep such portion of his share of the proceeds as would be necessary to, protect the interests of any after-born child. The vendee gave …
Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell
Habeas Corpus-Use As A Remedy Where The Appeal Process Has Been Exhausted, W. Stirling Maxwell
Michigan Law Review
Kulick, a Jehovah's Witness, registered under the Selective Service Act of 1940 and, though he claimed an exemption as a minister, his local draft board classified him 1-A. After he had exhausted his administrative remedies to have this classification changed, he reported for induction, as ordered, but refused to take the oath. For this refusal he was convicted under the provisions of the act and, on May 7, 1945, sentenced to imprisonment for a term of years. On the ground that under the Supreme Court's decision of Falbo v. United States the local board's classification was not open to attack …
Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed.
Real Property-The Doctrine Of Presumption Of Grant As A Substitute For The Statute Of Limitations, Charles B. Blackmar S.Ed.
Michigan Law Review
Defendant claimed ownership of a barren island named Palmyra through a series of conveyances extending back nearly eighty years, but his chain of title was defective in that no grant away from the Hawaiian government was shown. He and his predecessors had paid taxes for many years, but had occupied the island only during occasional visits and had made no sustained efforts at commercial exploitation. The United States brought an action to quiet its title as successor to the Hawaiian government but the district court ordered title quieted in defendant on the basis of a presumed grant, and the Circuit …
Taxation--Income Tax--Nondeductible Losses--Intra-Family Transactions, Bayard E. Heath S.Ed.
Taxation--Income Tax--Nondeductible Losses--Intra-Family Transactions, Bayard E. Heath S.Ed.
Michigan Law Review
Petitioner managed his wife's as well as his own estate. On several occasions, to establish tax losses, he ordered his broker to sell certain stock on the Stock Exchange for his account, and then to buy the same number of shares of the same stock for his wife's account. Petitioner claimed losses derived from these sales when filing his income tax return, but the commissioner disallowed these deductions on the authority of section 24 (b) of the Internal Revenue Code. On the taxpayer's application to the Tax Court, it held section 24 (b) inapplicable. The circuit court of appeals reversed …
Trade Restraints--Anti-Trust Laws-Tying Contracts--Right Of Selection Of Customers, John F. Buchman, Iii
Trade Restraints--Anti-Trust Laws-Tying Contracts--Right Of Selection Of Customers, John F. Buchman, Iii
Michigan Law Review
Defendant, one of the country's largest producers of salt for industrial uses, held patents on two machines for utilization of salt products. It leased these machines on condition that the lessee purchase from defendant all the salt (an unpatented product) to be used with the machines unless salt should become available elsewhere at a lower price. The federal government brought suit under the Sherman and Clayton Acts to enjoin the continued observance of these provisions of the lessee. The district court granted the injunction and ordered that defendant, if offering any machines at all for lease, offer the same to …
Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller
Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller
Michigan Law Review
A church trustee offered for probate as decedent's will a letter wholly written, dated, and signed in the handwriting of decedent. The letter was addressed to proponent, and read: "I am sending you a cashier's check for the $5000.00 I wrote you about last week. Now as to my heirs-I have three nieces, and a husband who has had enough. I'm not interested in any of them. If I leave $5.00 or $5,000.00 I want the church to have it." Probate was denied, and proponent appealed. Held, the letter was entitled to probate. De Lapp v. Anderson, .(Ky. …
Wills-Validity Of A Statutory Compromise Of A Will Contest Which Alters Or Reduces Possible Interests Created Under The Will, John M. Veale S.Ed.
Wills-Validity Of A Statutory Compromise Of A Will Contest Which Alters Or Reduces Possible Interests Created Under The Will, John M. Veale S.Ed.
Michigan Law Review
Testator's will created a trust of realty and personalty worth about nine million dollars. Small life annuities, subject to spendthrift provisions, were given to various heirs, with remainder on the death of the survivor of two grandsons to T's "legal heirs." Several years after T's death the heirs filed a bill to construe the will, claiming that it gave them vested remainders in the trust estate. Pending decision, all the present heirs executed an agreement to compromise the controversy which provided for immediate distribution to themselves of six million dollars from the corpus. The agreement was submitted to …
Wills-Interpretation-Revoked Will As Admissible Extrinsic Evidence, Daniel W. Reddin, Iii
Wills-Interpretation-Revoked Will As Admissible Extrinsic Evidence, Daniel W. Reddin, Iii
Michigan Law Review
Two nonprofit organizations, Meadville Volunteer Fireman's Relief Association and Paid Firemen's Relief and Pension Association of Meadville, Pennsylvania, claimed a legacy under the will of L. F. Williamson, deceased, "unto the Meadville Firemen's Relief Association, Division No. 43," and at the request of the corporate executor, the court below appointed an auditor to hear testimony to determine which organization was entitled to the legacy. The auditor awarded the legacy to the Volunteer Association after admitting testimony of the attorney who drew the will that wills executed by the testator before the existence of the Paid Association contained a similarly worded …
Finer: America's Destiny, Michigan Law Review
Finer: America's Destiny, Michigan Law Review
Michigan Law Review
A Review of AMERICA'S DESTINY. By Herman Finer.
Americano: The New Foundation Of International Law, Michigan Law Review
Americano: The New Foundation Of International Law, Michigan Law Review
Michigan Law Review
A Review of THE NEW FOUNDATION OF INTERNATIONAL LAW. By Jorge Americana.
Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review
Harbison And Dubin: Patterns Of Union-Management Relations, Michigan Law Review
Michigan Law Review
A Review of PATTERNS OF UNION-MANAGEMENT RELATIONS. By Frederick H. Harbison and Robert Dubin.
Notes, Michigan Law Review
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.
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 twenty-four leading law reviews. The index embraces material published since the last issue of this REVIEW.
Corporations-Effect Of Merger Upon Apparent Rights Of Stockholders Under Preferred Stock Contracts, Charles M. Soller S.Ed.
Corporations-Effect Of Merger Upon Apparent Rights Of Stockholders Under Preferred Stock Contracts, Charles M. Soller S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the effect of merger upon some of the provisions of the preferred stock contract.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 46, Issue 3 of Michigan Law Review
Some General Aspects Of Michigan Community Property Law, William E. Burby
Some General Aspects Of Michigan Community Property Law, William E. Burby
Michigan Law Review
The common law, in recognition of the fact that one spouse is entitled to some economic security in the property of the other spouse, evolved the interests known as dower and curtesy. These interests, of course, apply only with respect to land. The husband enjoyed an additional economic advantage that came from the management and control of his wife's property. This latter advantage has disappeared with the advent of Married Women's Property Acts that confer upon married women the right to manage their own estates. Statutes have also expanded on the concept of dower and curtesy by providing for a …