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Articles 1 - 11 of 11
Full-Text Articles in Law
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith
Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith
Michigan Law Review
Defendants, civilian wives of servicemen living overseas, were tried and convicted of murder by military court-martial under article 118 of the Uniform Code of Military Justice. Their trials took place in the countries where they were living with their husbands. Defendants brought petitions for a writ of habeas corpus challenging the constitutionality of article 2(11) of the Uniform Code authorizing their trials by court-martial. Initially the United States Supreme Court rejected this contention. On rehearing, held, reversed, two justices dissenting. The guarantee of the right to jury trial contained in article 3, section 2, and the guarantees of the …
Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.
Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed.
Michigan Law Review
Appellant corporation was charged by the United Steelworkers of America with unfair labor practices in violation of sections 8(a)(1), (3) and (5) of the National Labor Relations Act. Although appellant's business affected commerce within the meaning of the act, the acting regional director of the NLRB declined to issue a complaint because the company's volume of business did not meet the Board's revised minimum "jurisdictional" standards. The union then filed substantially the same charges with the Utah Labor Relations Board. The Utah Board's determination that it had jurisdiction was affirmed by the Utah Supreme Court. On certiorari to the Supreme …
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Federal Procedure - Mandamus - Power Of Courts Of Appeal, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
In two related antitrust actions instituted in the District Court for the Northern District of Illinois, an order was entered under rule 53(b) of the Federal Rules of Civil Procedure referring the cases to a master for trial because of the "extremely congested calendar" then facing the court. All parties to the· action moved to vacate the order and these motions were denied by the district judge. After appearing before the master to object to the reference, the defendants petitioned the Court of Appeals for the Seventh Circuit praying that a writ of mandamus issue to compel the district judge …
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Constitutional Law - Due Process - Jurisdiction Of A State Court Over A Foreign Corporation, Robert L. Knauss S.Ed.
Michigan Law Review
Peninsular Gas Company, a Michigan corporation, brought an action in Missouri against the plaintiff for breach of contract. A judgment was returned for plaintiff, and plaintiff immediately filed suit for malicious prosecution and served process on the president of the corporation who was in Missouri for the prior trial. On a motion to quash, held, sustained. Under the due process clause of the United States Constitution, the court had no right to assume jurisdiction. Defendant corporation was not doing business in Missouri, for bringing a prior lawsuit was a single isolated act and was not a part of its …
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer
Federal Jurisdiction - Securities And Exchange Commission - Application Of Rule X - 10b-5 To Transactions Involving Non-Securities, Richard Singer
Michigan Law Review
Plaintiff brought an action for damages and the cancellation of certain instruments under section 10 (b) of the Securities Exchange Act of 1934 and rule X-10B-5 promulgated thereunder by the Securities and Exchange Commission. She proved a series of interrelated acts which took place over a period of months by which the defendants fraudulently deprived her of both securities and other property. The defendants objected to the jurisdiction of the district court on the ground that rule X-10B-5 was not applicable to transactions involving non-securities. The district court retained jurisdiction on the theory that all of the acts complained of …
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Administrative Law - Primary Administrative Jurisdiction - Construction And Reasonableness Of Tariff Classification, Michael Scott
Michigan Law Review
Respondent railroads sued in the Court of Claims to recover from petitioner United States, as shipper, the difference between actual tariff payments and those allegedly due on shipments of aerial bomb cases containing napalm gel. Petitioner alternatively asserted that (1) since the bombs as shipped were non-explosive, respondent's advocated classification as "incendiary bombs" was inapplicable, or (2) if such classification were held to apply, then the rate was unreasonable, and preliminary resort to the Interstate Commerce Commission must be had for a determination of reasonableness. On certiorari from summary judgment for respondent, held, reversed. The commission has exclusive primary …
Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Admirality - Jurisdiction - Action For Wrongful Death On The High Seas Limited To Admiralty, Robert Knauss S.Ed.
Michigan Law Review
Plaintiff as widow and administratrix seeks damages from the United States for the alleged wrongful death of her husband on the high seas. Action was brought at law under the Federal Tort Claims Act. Government's motion to dismiss was sustained. There is no common law cause of action for wrongful death on the high seas. The federal Death on the High Seas Act gives a remedy to the representative only "in Admiralty," and thus jurisdiction is lacking at law in the district court. Kunkel v. United States, (S.D. Cal. 1956) 140 F. Supp. 591.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over …
Trusts - Jurisdiction - Trustee And Trust Assets Outside Jurisdiction Of Forum, Richard J. Riordan
Trusts - Jurisdiction - Trustee And Trust Assets Outside Jurisdiction Of Forum, Richard J. Riordan
Michigan Law Review
The purpose of this comment is to examine these rationales and determine their validity--first as to testamentary trusts and then as to inter vivos trusts.
Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.
Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.
Michigan Law Review
Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …