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Articles 1 - 9 of 9
Full-Text Articles in Law
Contracts-Arbitration-Sherman Act
Federal Trade Commission-Recent Trends In Interpretation Of The Federal Trade Commission Act
Federal Trade Commission-Recent Trends In Interpretation Of The Federal Trade Commission Act
Michigan Law Review
The Federal Trade Commission has never been a favored child of the courts. Beginning with the first case to which the Commission was a party, the attitude of the judiciary has clearly been unfriendly. The Commission gets its powers from the Clayton Act and from the Federal Trade Commission Act. The courts have interpreted the Clayton Act strictly, and there is no sign of a change of heart by the majority of the Supreme Court in that respect; it is believed, however, that a few of the recent cases under the Federal Trade Commission Act, both in the Supreme Court …
The Securities Exchange Act Of 1934, John E. Tracy, Alfred Brunson Macchesney
The Securities Exchange Act Of 1934, John E. Tracy, Alfred Brunson Macchesney
Michigan Law Review
The Congress has enacted and the President has just signed an act for the regulation of stock exchanges, to be known as the Securities Exchange Act of 1934. In order that we may understand the nature of the Act and the reasons for its enactment, it will be well first to consider briefly the organization and functions of stock exchanges, the evils that are claimed to have arisen from their existence, and some of the previous attempts which have been made to prevent the occurrence of such evils.
Constitutional Law-Price-Fixing - Changing Attitudes
Constitutional Law-Price-Fixing - Changing Attitudes
Michigan Law Review
The urgent need for rebuilding and readjusting our economic system has forced the various governments to devise methods by which to achieve those ends. The legislative enactments resulting from the efforts to bring about a "recovery" are destined to be challenged on the due process ground. The public is keenly concerned not alone in the practicality of the methods selected, but in their constitutionality as well. The recent case of Nebbia v. People is not only of interest to the lawyer; it was accepted as "good copy" in leading lay publications. The Supreme Court affirmed the conviction of one Nebbia, …
The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard
The Evolution And Devolution Of Public Utility Law, Edwin C. Goddard
Michigan Law Review
As long ago as 1873, and very likely even earlier, courts were speaking of the public utility in the sense of the public convenience or advantage, a New Jersey court saying, "these prerogatives (of railway corporations) are grants from the government, and public utility is the consideration for them." This has been often quoted by other courts, notably by your Judge Atherton in the famous case of Scofield v. Railway in 1885. But the term "public utility'' as applied to plants or corporations rendering a public service is very new. It is not to be found in the 1904 edition …
Constitutional Law-Right To Competition
Constitutional Law-Right To Competition
Michigan Law Review
The appellee was engaged in the business of selling natural gas. A rival utility entered the field duplicating the plant and facilities of the appellee and established with the consent of the Public Service Commission a rate lower than the prevailing rate charged by the appellee. In an attempt to retain its customers against the lower prices of its competitor the appellee lowered its rate several times. The appellants finally ordered the appellee to submit evidence as to the reasonableness of its rates. Upon investigation the Public Service Commission found that the business in the territory was capable of supporting …
Trade Restraints - Covenants Restricting Owner's Use Of His Premises
Trade Restraints - Covenants Restricting Owner's Use Of His Premises
Michigan Law Review
Plaintiffs and defendant were competing theatre proprietors, owning buildings on opposite sides of the street in X city. For a monetary consideration defendant covenanted to discontinue forever the use of his building as a public theatre. Plaintiffs sought an injunction upon defendant's breach, and defendant demurred on the ground that the covenant was in restraint of trade and not ancillary to any property interest conveyed and requiring protection. Held, injunction granted, for in Ohio a contract in reasonable restraint of trade is enforceable though not incidental to some other independent contract or conveyance; and, if such transaction is necessary, …
Trade Restraints - Inducing Breach Of Contract
Trade Restraints - Inducing Breach Of Contract
Michigan Law Review
Plaintiff had "exclusive requirement" contracts with 90% of the users of electricity in various communities in Texas. Defendant was in the business of selling municipal electric plants to communities under a plan whereby, on assurance that enough users would enter into exclusive contracts to make the plant a success, the defendant agreed to look for payment to the revenue of the plant only. Installation of a municipal plant would, therefore, necessitate breaches of the "exclusive requirement" contracts on the part of some of plaintiff's customers. Held, that plaintiff was not entitled to an. injunction restraining defendant from inducing plaintiff's …
After The Nebbia Case: The Administration Of Price Regulation, Frank Edward Horack Jr., Julius Cohen
After The Nebbia Case: The Administration Of Price Regulation, Frank Edward Horack Jr., Julius Cohen
Articles by Maurer Faculty
No abstract provided.