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Articles 1 - 7 of 7
Full-Text Articles in Law
Conflict Of Laws - Penal Provisions In Foreign Law - Liability Of Shareholders In De Facto Corporation, James M. Potter S.Ed.
Conflict Of Laws - Penal Provisions In Foreign Law - Liability Of Shareholders In De Facto Corporation, James M. Potter S.Ed.
Michigan Law Review
Defendants, residents of Tennessee, while attempting to form a corporation under the laws of Arkansas, inadvertently failed to file the articles of incorporation with the county clerk, although they were filed with the Secretary of State of Arkansas. The resulting business association was an Arkansas de facto corporation. Under Arkansas law the shareholders of a de facto corporation are personally liable for the debts of the corporation. Plaintiff, a creditor who dealt with the corporation, sued in a Tennessee court and asked that the Arkansas rule be applied. The trial court refused to do so on the ground that it …
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Michigan Law Review
Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).
Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.
Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Admiralty traditionally did not give a seaman a right of action for negligence unless it could be attributed to the unseaworthiness of the vessel. An injured seaman was limited to two remedies: an action for maintenance and cure, or an action based on -unseaworthiness. To remedy this situation, Congress in 1920 passed the Jones Act. This act was framed in terms of "any seaman who shall suffer personal injury in the course of his employment," and gave to such seamen all the rights granted by statutes modifying or extending the common law right or remedy in cases of personal injury …
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Defendant, a bank organized under the National Bank Act and transacting business in the State of New York, used the words "saving" and "savings" in various ways in the advertising and conduct of its banking business. The state brought suit, seeking an injunction restraining the use of these words, alleging that in- so using them defendant had violated subdivision 1 of section 258 of the New York Banking Law. In defense, the bank contended that this provision, as it applied to national banks, was unconstitutional as a contravention of federal statutory provisions. The trial court dismissed the complaint on its …
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Michigan Law Review
In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …
Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin
Michigan Law Review
A widow electing to take against her husband's will claimed to be entitled to have her one-third share of decedent's net personal estate computed without deduction of federal estate taxes, on the theory that Congress in allowing the marital deduction intended that a widow's share qualifying for such deduction should be free of the impact of the federal estate tax. The state had no statute providing for apportionment of federal estate taxes. Held: Congress did not intend, by allowing the marital deduction, to change the rule that state law is determinative of the impact of the federal estate tax. …
Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.
Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Husband and wife were domiciled in Wisconsin. When marital troubles developed, the parties agreed that the wife should. take their children to Ohio and. there decide on her future action. Shortly afterward the wife informed the husband. she was not returning. The husband secured. a divorce in Wisconsin, with the decree purporting to award. him custody of the children subject to visitation rights in the wife. Service on the wife was · obtained by publication, but she made no appearance in the Wisconsin proceedings. After one of the visits of the children, the wife refused. to return them and. the …