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Articles 1 - 13 of 13
Full-Text Articles in Law
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Constitutional Law-Saboteurs And The Jurisdiction Of Military Commissions, George T. Schilling
Michigan Law Review
The jurisdiction of military tribunals in the United States has troubled political and legal writers since the days of the Revolution. Decided cases are not numerous. The boundaries separating military and civil jurisdiction are not precise. Observations of the plight of oppressed peoples in other lands as well as the conception of total war and the course of action necessary for survival warrant a reexamination and reappraisal of our constitutional guarantees, which were in part based upon and reflect a fear of tyrannical military rule. A pronouncement of the Supreme Court of the United States in this field is, therefore, …
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Federal Courts - What Is An Equitable Claim To Real Property Within The Meaning Of Section 57 Of The Judicial Code?, Charles J. O'Laughlin
Michigan Law Review
Plaintiff, an Ohio corporation, was the lessee of land in Kentucky. It entered into a contract with defendant lessor, a resident of the District of Columbia, to renew the lease. Defendant failed to carry out his agreement, and plaintiff" sued for specific performance of the contract to lease in the United States District Court for Eastern Kentucky, jurisdiction being based on diversity of citizenship. Plaintiff was unable to obtain personal service upon defendant, but obtained service by publication under section 57 of the Judicial Code, which authorizes the court to take jurisdiction and to allow service by publication in "any …
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Executors And Administrators - Double Domicile - Inheritance Taxation Of Intangibles, Robert Walsh
Michigan Law Review
Plaintiff was appointed executor by a Georgia court which found that decedent had been domiciled in Georgia. Defendant was appointed administrator by a New York court which found that decedent was domiciled in New York. Plaintiff and defendant were interpleaded in the Delaware court by a Delaware corporation to determine who was entitled to shares of stock owned by decedent in the Delaware corporation. Plaintiff claimed that the Delaware court was required to give full faith and credit to the Georgia finding that decedent was domiciled in Georgia. The Supreme Court of Delaware found that decedent was domiciled in New …
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Labor Law - Jurisdiction Of Courts Over Actions By Member Against Union - Necessity Of Exhausting Trade Union And Adminstrative Remedies, John W. Potter
Michigan Law Review
In cases involving the discipline of union members by a trade union, and the member's right of redress for such disciplinary action, one of the most consistently quoted maxims is that the remedies offered by the union must be exhausted before the court will assume jurisdiction. Imbued with the desire to do justice, courts have made many exceptions to the general rule, and the problem presented is when the courts will require the exhaustion of internal remedies.
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Labor Law - National Labor Relations Act - Power Of State Court To Levy On Employer's Obligation Under Back Pay Order - Power Of Federal Court To Enjoin State Proceedings, Andrew J. Sawyer, Jr.
Michigan Law Review
A decree of the federal circuit court had been issued enforcing an order of the National Labor Relations Board requiring respondent company to pay back wages to certain employees who had been discharged in violation of the National Labor Relations Act. While the sums payable under the award were still unliquidated, creditors and estranged wives of the employees brought suits in state courts on claims against the employees; and writs of attachment, process of garnishment and injunctive orders were issued by the state courts against respondent requiring it to pay portions of the awards to the creditors rather than the …
Power Of Federal Court To Enjoin Enforcement Of State Injunction
Power Of Federal Court To Enjoin Enforcement Of State Injunction
Indiana Law Journal
Notes and Comments: Federal Jurisdiction
Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin
Constitutional Law - Due Process - Jurisdiction Of A State To Tax The Exercise Of A Power Of Appointment, Charles J. O'Laughlin
Michigan Law Review
Decedent's father, a resident of Massachusetts, by his last will created a trust of the residue of his estate, consisting of intangibles, and gave one share to decedent for life, with remainder to whomsoever decedent should appoint by will. The trust was administered in Massachusetts and there was no question as to that state's power to tax. Decedent, a resident of New York, appointed his share to his widow. The New York courts held that although the interest of the decedent fell within the provisions of the New York tax law imposing a tax upon the transfer of the net …
Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer
Labor Law - National Labor Relations Board - Conflicting Jurisdictional Areas Of National And State Labor Boards, Harry M. Nayer
Michigan Law Review
The!! National Labor Relations Board proceeded against defendant corporation, which was admittedly engaged in interstate commerce and subject to the National Labor Relations Act, to enforce its order enjoining the use of unfair labor practices and compelling the reinstatement of employees discharged because of union activities. Defendant attacked the board's jurisdiction on the ground that prior to the board's proceeding, the Wisconsin Labor Relations Board, acting under the Wisconsin labor law, had assumed jurisdiction of the case and had disposed of it, thus precluding subsequent action by the National Labor Relations Board. Held, the N. L. R. B. is …
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Federal Courts - Jurisdiction - Diversity Of Citizenship - Realignment Of Parties, Michigan Law Review
Michigan Law Review
Plaintiff, a New York corporation, was trustee under a mortgage deed to secure a bond issue executed by A, an Indiana corporation, in 1902. In 1906, B, an Indiana corporation, was formed, its franchise providing, inter alia, that after the expiration of twenty-five years, the company should be wound up and its property conveyed to C, the city of Indianapolis, subject to B's "outstanding legal obligations." In 1913, A leased all of its plant property to B for a term of ninety-nine years, B agreeing to pay as rental the interest on A's outstanding bonded …
Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen
Developments In The Conflict Of Laws, 1902-1942, Ernest G. Lorenzen
Michigan Law Review
The writer's interest in the conflict of laws coextends substantially with the life of the Michigan Law Review. This may be some excuse for attempting to trace some of the developments in this field in the intervening years. Let us consider first what has happened in this country and thereupon what has occurred in the rest of the world.
Improper Venue Under The Federal Employers' Liability Act
Improper Venue Under The Federal Employers' Liability Act
Washington and Lee Law Review
No abstract provided.
Divorce--Collateral Attack By Subsequent Spouse, H. L. W. Jr.
Divorce--Collateral Attack By Subsequent Spouse, H. L. W. Jr.
West Virginia Law Review
No abstract provided.
Review Of Administrative Acts : A Comparative Study Of The Doctrine Of The Separation Of Powers And Judicial Review In France And The United States, Armin Uhler
Michigan Legal Studies Series
The present study was originally inspired by the widespread interest in the doctrine of the separation of powers stimulated by current discussions of vital problems of administrative law. Frequent reference to this doctrine occurs especially in recent legal literature concerned with the relation between the administrative and judicial departments of government. Particular mention may be made of the attention which has been given the doctrine by the Special Committee on Administrative Law of the American Bar Association. However, the allusions to the doctrine in these discussions to prevalent separation of powers in the organization of government have not always been …