Law Commons^™

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.

The Opinion Volume 5 Number 1 – September 1, 1953, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 1, 1953

The Principle And Price Of A Living Law, Joseph C. Hutcheson, Jr.

Washington and Lee Law Review

No abstract provided.

Skeie: Odelsretten Og Aseteretten, Nils B. Skavang

Michigan Law Review

A Review of ODELSRETTEN OG ASETERETTEN By Jon Skeie.

Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.

Michigan Law Review

Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …

Advancements: I, Harold I. Elbert

Michigan Law Review

The purpose of this monograph is to consider the afore-mentioned topics and other questions inherent in the doctrine of advancements. Different interpretations in the various states will be discussed. The principal objectives of the work are to make a comparative study of advancement legislation and to state the law as it actually exists as a basis for determining whether it can be improved.

Comparative Negligence, William L. Prosser

Michigan Law Review

It is the purpose of this article to inquire, so far as possible, into the actual operation of the damage apportionment statutes, and to offer some conclusions as to the most desirable form of act for any legislature about to set forth upon these relatively uncharted seas.

Restraints On Alienation Of Equitable Interests In Michigan Property, William F. Fratcher

Michigan Law Review

In the Middle Ages a conveyance of land to a monastic corporation resulted in a serious loss of income to the feudal overlord. As such corporations never died, the overlord ceased to receive the reliefs payable on the death of a tenant and to enjoy the feudal incidents of wardship and marriage of minor heirs. Monks could not be compelled to perform military services and it was difficult or impossible to compel a monastery to perform other services incident to tenure. The twelfth and thirteenth centuries saw great expansion in monastic land holdings and consequent loss to the king and …

The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch

Michigan Law Review

The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.

Constitutional Law-Right To Bail, Robert L. Sandblom S.Ed.

Michigan Law Review

The Eighth Amendment of the Constitution provides that "Excessive bail shall not be required . . . ." This clause, as with all of the Bill of Rights, serves as a limitation on the federal government. From a very early date this provision has likewise established a boundary on the discretion of the federal courts in their exercise of criminal jurisdiction. Although this Eighth Amendment provision is a protection against federal encroachment, it does not limit the powers of states, arguments of individual Justices to the contrary notwithstanding.

In the recent Supreme Court decision of Stack v. Boyle, this …

Unification Of Political And Legal Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Civil Procedure Of The Trial Court In Historical Perspective By Robert Wyness Millar, Elvis J. Stahr Jr.

Articles by Maurer Faculty

No abstract provided.

The Opinion Volume 4 Number 3 – December 1, 1952, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1952

Unconvicting The Innocent, Richard C. Donnelly

Vanderbilt Law Review

"Innocent Man is Unable to Clear Record after 7 1/2 Years in Prison. Under this headline, the New York Times recently reported the courthouse tragedy of Nathan Kaplan, 49-year-old salesman.' Mr. Kaplan's brush with the law began on September 28, 1937, when the Federal Government indicted him under the name of Nathan Kaplan, alias "Kitty," for the sale of heroin to a government undercover agent. Although he vigorously proclaimed his innocence from the day of his arrest, he did not take the witness stand at his trial. He was represented by able counsel and other due process requirements were fully …

Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton

Michigan Law Review

The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.

The Law School 1952-53, E. Blythe Stason

Michigan Law Review

In reporting the current news of the Law School we must first speak of the students without whom the school would not exist. Another year has opened, this time with about a ten per cent reduction below last year in student enrollment, and consequently considerable relief from the rather overwhelming peaks of the earlier postwar years. Lawyers are deemed expendable in a military program, and, accordingly, a large proportion of college students intending to study law have, since the beginning of the Korean "police action" in 1950, been called to duty by their Selective Service boards immediately after graduation from …

The Opinion Volume 4 Number 2 – November 1, 1952, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 1, 1952

Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.

Michigan Law Review

A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.

The Opinion Volume 4 Number 1 – September 1, 1952, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 1, 1952

County Home Rule In Tennessee, Henry N. Williams

Vanderbilt Law Review

The present Tennessee Constitution as interpreted by the courts permits the legislature to grant to the governing boards of counties a considerable amount of power to determine and regulate matters which are of local concern. There is no reason to doubt that the legislature could authorize county governing boards great freedom in determining the form and organization of county government. Thus the General Assembly could go far in establishing county home rule in Tennessee.

The chief difficulty in relying on the General Assembly's granting considerable authority under the existing constitutional provision to the governing boards of the counties to determine …

The Law Review-Its First Fifty Years, E. Blythe Stason

Michigan Law Review

A memorial issue commemorating fifty years of the Michigan Law Review would not be complete without at least a brief glance at some of the historical record.

Trends In Modern Corporation Legislation, Kenneth K. Luce

Michigan Law Review

Any discussion of trends and developments in modem corporation legislation must assume some understanding of the historical antecedents of that legislation and the judicial approach to its interpretation. As a practical matter the outline of modern legislation has emerged within the memory of living men, but "in order to know what it is, we must know what it has been, and what it tends to become." The state is less concerned today than long ago about the corporation becoming a state within the state and usurping political power, although such concern could and does evidence itself from time to time. …

Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith

Michigan Law Review

It is common knowledge that dramatic and almost revolutionary developments have taken place in labor law since the turn of the century. Indeed, "labor law" has only during this period achieved the distinction of a recognized branch of the law. Concurrently, trade unions have experienced an amazing growth, as well as changes in basic structure, and it may fairly be stated that the enlargement of the pertinent body of law has both stimulated and been influenced by the augmentation of union power. This article is intended as a survey of significant developments in the law, not as a treatment of …

Restraints On Alienation Of Legal Interests In Michigan Property: Iii, William F. Fratcher

Michigan Law Review

In England the impossibility of inter vivos creation of interests in expectancy in chattels and the unsuitability for the purpose of the devices of bailment and contract have tended to restrict attempts to restrain the alienation of chattels to the trust device and provisions in wills for forfeiture on alienation. The trust device involves equitable interests, which are beyond the scope of this study. In connection with a bequest of the use and occupation of chattels for life or a term of years the English courts would probably sustain the validity of a provision for forfeiture on alienation by way …

The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.

Michigan Law Review

This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.

The Opinion Volume 3 Number 4 – April 1, 1952, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 1, 1952

Restraints On Alienation Of Legal Interests In Michigan Property: Ii, William F. Fratcher

Michigan Law Review

"Estate for life" is a generic term embracing interests in land of several types. The duration of such an estate may be measured by the life of the tenant himself, by the life of some other person, by the joint lives of a group of persons (i.e., the life of the member of the group who first dies), or by the life of the survivor of a group of persons. In the last two cases the tenant himself may or may not be a member of the group. When the duration of the estate is measured by the life of …

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …

The Opinion Volume 3 Number 3 – February 1, 1952, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 1, 1952