Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin Dec 1967

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Michigan Law Review

Pennoyer indeed is dead. The primitive ritual of service of process could not survive as a general solution to the problem of state power over individuals. Committed as we are to the idea that the judicial power should be exercised in a manner that is responsive to the common welfare, we could not suffer the limits of power to be determined irrationally by the random success of process servers. Offering only the virtues of simplicity and economy, the ritualistic method had to yield in order to make the judicial power a sharper and more effective tool with which to pursue …


Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review Dec 1967

Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review

Michigan Law Review

The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.


Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review Dec 1967

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review

Michigan Law Review

In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the …


Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review May 1967

Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review

Michigan Law Review

Appellants applied for an injunction in a federal district court in Virginia to prevent the Prince Edward County Board of Supervisors from paying out tuition grants to parents whose children attended private segregated schools. The district court refused to issue the injunction, and the appellants appealed. They asked to have their appeal accelerated, but, since the Court of Appeals for the Fourth Circuit was not then in session, the Chief Judge requested the Clerk of Court to ask the Board of Supervisors to stipulate that no tuition grants would be paid pending the appeal. The Board refused to make the …


Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review Jan 1967

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …


The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson Jan 1967

The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson

Michigan Law Review

It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …


Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review Jan 1967

Conflict Of Laws-Public Policy Used To Apply Forum Law To Joint Bank Accounts Of Foreign-Domiciliaries Wyatt V. Fulrath, Michigan Law Review

Michigan Law Review

The Duke and Duchess of Arion, nationals and domiciliaries of Spain, neither of whom had ever been to New York, deposited community property consisting of cash and securities in several New York banks. In establishing these accounts, the Duke and Duchess either expressly agreed in writing that the New York law of survivorship would apply to their accounts or signed standard bank survivorship forms which incorporated the survivorship laws of that state. After her husband's death, the Duchess made the entire amount on deposit in New York subject to her will. Following the Duchess' death and during probate of her …