Law Commons^™

Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick

Michigan Law Review

Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …

Ftc V. Jantzen: Blessing, Disaster, Or Tempest In A Teapot?, Thomas E. Kauper

Michigan Law Review

The court concluded that the Finality Act, by repealing the existing provisions for judicial enforcement proceedings in the courts of appeals, deprived it of jurisdiction to act upon the FTC's petition. It also approved earlier decisions holding that the Finality Act procedures were not applicable to orders issued prior to the act's effective date. These two rulings, in combination, indicate that there is no enforcement machinery now applicable to orders issued under the Clayton Act prior to July 23, 1959.

The question remains, however, whether enforcement of the Clayton Act has really been hampered, and, if so, whether the pre- …

Corporations - Clayton Act - Service Of Process On Alien Corporations Through Their Local Subsidiaries, George R. Haydon Jr.

Michigan Law Review

Two affiliated German corporations, one of which is the defendant, established a jointly owned subsidiary in New York. Three members of the subsidiary's five-man board of directors are officers or directors of the German parents, while a fourth is a former employee sent to this country to manage the subsidiary. The American company is devoted exclusively to the business of the German parents. It assists in the negotiation of contracts, although it has no power to bind the parents, advises with respect to patents, and makes infrequent sales and purchases. For these services, it receives a flat fee plus a …

Constitutional Law - Due Process - Jurisdiction Of State Court Over Nonresident Tortfeasor, J. Martin Cornell

Michigan Law Review

The defendant, a resident of Wisconsin, was engaged in the business of selling appliances and sent one of his employees to deliver a gas cooking stove to the plaintiff in Illinois. Claiming that the employee had negligently injured him in unloading the stove, the plaintiff brought action in Illinois, seeking damages of $7,500. A summons was personally served on the defendant in Wisconsin, and the defendant appeared specially, moving to quash the summons on the ground that the Illinois statute, providing for extraterritorial service on any person who commits a tortious act within the state, contravened the constitutions of the …

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There Is Diversity Of Citizenship Between Claimant And Insurer But Not Between Claimant And Wrongdoer, William R. Jentes

Michigan Law Review

Plaintiff, a citizen of Louisiana, was injured in an automobile accident allegedly caused by the negligence of another citizen of Louisiana. Defendant insurance company, an Illinois corporation, had issued a public liability policy insuring the latter against claims arising from the negligent operation of his car. Pursuant to a Louisiana statutory provision that "the injured person or his or her heirs, at their option, shall have a right of direct action . . . against the insurer alone or against both the insured and the insurer, jointly and in solido,'' respondent brought an action against the petitioner alone in the …

Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.

Michigan Law Review

Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …

Courts-Validity Of Contracts Restricting Venue In Actions Under The Federal Employers' Liability Act, John C. Walker S. Ed.

Michigan Law Review

Petitioner suffered injuries in the course of his duties as an employee of respondent railroad. Subsequently, respondent advanced money to petitioner and the latter agreed in writing that if his claim could not be settled he would sue only in the county or district where he resided at the time of the injury, or in the county or district where the injury was sustained. This agreement restricted petitioner's choice of venue to either a state or federal court sitting in Michigan. Ignoring the contract, petitioner sued in an Illinois court. Respondent then brought suit in the Michigan courts to enjoin …

Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.

Michigan Law Review

Third-party practice as originally adopted by the Federal Rules of Civil Procedure was one of the bolder steps in the direction of integrated and complete litigation of all phases of a transaction. One of the principal problems that was forseen by the commentators and that has in fact developed in the cases is the jurisdictional limitation of the federal courts where no federal question is involved, and jurisdiction depends on diversity of citizenship or alienage. Rule 82 is explicit in stating that the Rules should be interpreted so as not to extend or limit the jurisdiction of the district courts. …

Federal Procedure-Impleader Under Rule I4-Lack Of Diversity Of Citizenship Between Original Plaintiff And Third-Party Defendant, Frank E. Roegge S.Ed.

Michigan Law Review

Plaintiff, a citizen of Connecticut sued defendant, a citizen of Ohio, for injuries received when the car in which plaintiff was a passenger collided with a truck driven by defendant. Defendant removed the case from a Connecticut state court to a federal district court and then obtained an order citing plaintiff's husband, a citizen of Connecticut and the driver of the car in which plaintiff was riding, as a third-party defendant under Rule 14 of the Federal Rules of Civil Procedure. Defendant had no claim against the third party by Connecticut substantive law which does not recognize contribution between tort-feasors. …

Service On Foreign Corporations After Withdrawal From The State, Alvin E. Evans

Michigan Law Review

It might reasonably be expected in this corporate age that the question of how service of process should be made upon foreign corporations would have been solved, especially in situations where the cause of action arose within the state and grew out of business done there. Such is not the case, at least respecting suits brought after the withdrawal of the corporation from the state on causes of action arising during the period that it did business there. That there is a conflict in the decisions seems to be due either to a difference inter se of the statutes under …

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 …

Patents - Right To Personal Service In Contempt Proceedings

Michigan Law Review

Complainant obtained in the district court of Massachusetts a final injunction against the manufacture and sale of a device by defendant, a Michigan corporation. In a subsequent term of court, complainant brought contempt proceedings for an alleged violation of the injunction. Copies of the petition, motion, and order to show cause were sent by registered mail to the defendant's place of business. Objection to the jurisdiction of the court was raised upon the ground that the term in which the injunction had issued had expired and the decree, as to compensation, had been satisfied; hence personal service as in a …

Conflict Of Laws - Contracts - Public Policy

Michigan Law Review

The decedent, in Florida, became the grantee of Florida land by a deed which recited that it was made subject to a mortgage held by one Key, in the sum of $9,000, securing a note for that amount. The deed stipulated that "the grantee herein assumes and agrees to pay the above mortgage and notes." By Florida law the grantee was effectually bound by such a clause. Upon the death of the grantee, Key entered a claim against the estate in Pennsylvania. The lower court disallowed the claim on the basis of a Pennsylvania statute which held a grantee of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

No abstract provided.