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Full-Text Articles in Law

Books Received, Law Review Staff Dec 1951

Books Received, Law Review Staff

Vanderbilt Law Review

-- Books Received --

Commercial Law, Cases on

By Robert Braucher

Brooklyn: The Foundation Press, Inc., 1951. Pp. 709. $8.00

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Commercial Transactions, Cases and Materials, Temporary Edition

By Arthur E. Sutherland, Jr. and Bertram F. Willcox

Brooklyn: The Foundation Press, Inc., 1951. Pp. 1251. $9.50

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Conflict of Laws, Cases and Materials, Third Edition

By Elliott E.Cheatham, Herbert F. Goodrich, Erwin N. Griswold and Willis L. M.Reese

Brooklyn: The Foundation Press, Inc., 1951. Pp. 960. $9.00

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Constitution of Powers in a Secular Statte, A.

By Edward S. Corwin

Charlottesville: The Michie Co., 1951. Pp. 126

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Evidence, Cases …


Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed. Dec 1951

Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.

Michigan Law Review

Several recent cases have again focused the attention of the courts on the nature of statutes of limitation; the question is whether they are procedural or substantive. For purposes of the conflict of laws this distinction is important, for it is universally agreed that in conflicts cases the substance of the cause of action is governed by the law of the place where it accrued, and the procedural aspects are governed by the law of the forum. There is no doubt that the theory which holds the usual statutes of limitation procedural in nature prevails in this country today, but …


Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed. Dec 1951

Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.

Michigan Law Review

By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …


Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed. Nov 1951

Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.

Michigan Law Review

Plaintiff, a resident of Massachusetts, brought suit in the law side of the federal district court in Massachusetts for injuries sustained as a passenger aboard defendant's ship while it was docked in Sweden. Defendant, a Swedish corporation, defended on the ground that a contract stipulation as expressed on the back of plaintiff's ticket relieved it of liability. The ticket had been purchased in Sweden. The lower court, citing only American authorities, held that the. effect of the contract provision was to relieve defendant. On appeal, held, remanded. The cause of action asserted is a maritime tort; hence the substantive …


Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed. Nov 1951

Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.

Michigan Law Review

Plaintiff, an administrator appointed by an Illinois probate court, brought suit in Michigan under the Indiana death act1 to recover for the wrongful death of decedent which resulted from an accident occurring in Indiana. The trial court sustained defendant's motion to dismiss on the ground that plaintiff had no standing to sue in a Michigan court. Held, reversed. The rule barring actions brought by foreign administrators does not apply to suits brought under the usual type of wrongful death act. Howard v. Pulver, (Mich. 1951) 45 N.W. (2d) 530.


Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr. Nov 1951

Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.

Michigan Law Review

For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …


Conflict Of Laws-Basis For Determining Validity Of Remarriage In Violation Of Divorce Decree Of Another Jurisdiction [In Re Peart's Estate, N. Y. 1950] Sep 1951

Conflict Of Laws-Basis For Determining Validity Of Remarriage In Violation Of Divorce Decree Of Another Jurisdiction [In Re Peart's Estate, N. Y. 1950]

Washington and Lee Law Review

No abstract provided.


The Conflict Of Laws: A Comparative Study: Volume Three, By Ernst Rabel, Max Rheinstein Jul 1951

The Conflict Of Laws: A Comparative Study: Volume Three, By Ernst Rabel, Max Rheinstein

Indiana Law Journal

No abstract provided.


International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef Jun 1951

International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef

Michigan Law Review

A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …


Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed. May 1951

Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.

Michigan Law Review

In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …


Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.

Michigan Law Review

When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …


Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.

Michigan Law Review

By a Vesting Order, the Alien Property Custodian vested in the Attorney General property of an enemy alien which consisted of a "certain debt or other obligation" underlying bonds issued by the defendant corporation. The defendant corporation was ordered to cancel the said bonds and deliver the proceeds of the redemption and accrued interest to the Attorney General. Upon the trial of the action brought by the Attorney General to enforce these demands, it appeared in evidence that the bond certificates had last been located in the Russian sector of Berlin, Germany, and were there seized by the occupying authorities. …


Forum Non Conveniens And The Federal Employers Liability Act, Louis A. Del Cotto Apr 1951

Forum Non Conveniens And The Federal Employers Liability Act, Louis A. Del Cotto

Buffalo Law Review

No abstract provided.


Conflict Of Laws—Right To Bring Action Based On A Tax Or Revenue Statute In A Sister State, Alvin M. Glick Apr 1951

Conflict Of Laws—Right To Bring Action Based On A Tax Or Revenue Statute In A Sister State, Alvin M. Glick

Buffalo Law Review

Wayne County v. American Steel Export Co., 277 App. Div. 585, 101 N.Y. S. 2d 522 (1st Dept. 1950).


Conflict Of Laws—Devise Of Foreign Realty—Renvoi Expressly Adopted, Philip A. Erickson Apr 1951

Conflict Of Laws—Devise Of Foreign Realty—Renvoi Expressly Adopted, Philip A. Erickson

Buffalo Law Review

In re Schneider's Estate, 96 N. Y. S. 2d 652, on reargument, 100 N. Y. S. 2d 371 (Surr. Ct. 1950).


Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed. Mar 1951

Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.

Michigan Law Review

A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …


Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School Jan 1951

Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School

Summer Institute on International and Comparative Law

The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …


Book Review. The Conflict Of Laws: A Comparative Study, Vol. Iii By Ernst Rabel, Monrad G. Paulsen Jan 1951

Book Review. The Conflict Of Laws: A Comparative Study, Vol. Iii By Ernst Rabel, Monrad G. Paulsen

Articles by Maurer Faculty

No abstract provided.