Law Commons^™

Legislation-Michigan Veterans' Re-Employment Act, William Andrew Bain, Jr. S.Ed.

Michigan Law Review

A recent Michigan statute provides for the re-employment of former employees of the state or the subdivisions thereof who left their positions, voluntarily or involuntarily, for service in the armed forces of the United States and have been honorably discharged. No opinion as to the interpretation or effect of the statute has been rendered by the Michigan courts or by any official state agency, but an examination of the very similar federal statute, and the litigation which it has fostered, indicates that a number of problems may arise. An insight into some typical problems and their possible solutions may be …

Objectives In The Field Of Legislation, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.

Book Review. The Legislative Struggle By Bertram M. Gross, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are likely to …

Judicial Legislation, By Fred V. Cahill, James L. Magrish

Indiana Law Journal

No abstract provided.

Issues Before The 1954 Kentucky Legislature, Gladys M. Kammerer

Kentucky Law Journal

No abstract provided.

Current Decision, Weight And Admissibility Of Chemical Tests As Evidence Of Intoxication, Howard Klemme

Publications

No abstract provided.

Book Reviews, Julius Stone, Harold Gill Reuschlein, Elvin R. Latty, Pendleton Howard, Hardy C. Dillard, Louis Loss, Jerre Stockton Williams, Paul Sayre, Robert Kingsley, Warren M. Ballard, Mason Ladd, Robert Braucher, Robert B. Mckay, Robert H. Wettach

Journal of Legal Education

No abstract provided.

The Steel Seizure Case: Congress, The President And The Supreme Court, Paul G. Kauper

Michigan Law Review

Questions relating to the legislative authority of Congress and of the several states have given rise to an immense mass of constitutional litigation ever since the time that the Supreme Court in Marbury v. Madison asserted its power of judicial review. Many of these cases have turned on the division of legislative authority between Congress and the state legislatures under our federal system. Yet within this same span of time relatively few cases have arisen to challenge the assertions of presidential power, and in only a few instances has the Court found occasion to speak at length on the questions …

Taxation-Federal Estate And Gift Taxation-Powers Of Appointment Act Of 1951, William O. Allen S. Ed.

Michigan Law Review

It is the purpose of this comment to trace the history of Congress' treatment of powers of appointment in the past and to examine the latest legislative pronouncement, the Powers of Appointment Act of 1951.

Labor Law-Arbitration-Applicability Of The United States Arbitration Act To Collective Bargaining Agreements, Morris G. Shanker S. Ed.

Michigan Law Review

Plaintiff brought an action in the federal district court for Pennsylvania against the defendant labor union for damages caused by a strike, allegedly in violation of a written collective bargaining agreement between them. This contract also provided, inter alia, for submission to arbitration of all differences arising between the parties under the contract. However, no arbitration had been had prior to this suit. Defendant moved to stay all proceedings pending arbitration, allegedly as authorized by section 3 of the United States .Arbitration .Act providing for such stays in " . . . any suit or proceeding . . . brought …

Law Revision In The State Of Washington, Harry M. Cross

Washington Law Review

Widespread skepticism about the adequacy of existing law to achieve justice poses one of the most serious problems to the legal profession. The practicing lawyer knows that in most instances existing law is reasonably efficient in achieving sound, just results, but to the uninitiated the instance in which the efficiency is small or the result unjust appears to be the usual circumstance rather than the unusual. Even the informed layman is likely to be more concerned with the inadequacies of present law than with its adequacies, and admitting the extent of skepticism to be unwarranted, still asks, "Why don't the …

Lawyers And The Legislative Process, Charles B. Nutting

West Virginia Law Review

No abstract provided.

The Hope Case And Recent Federal Decisions, N. E. R., F. R. T.

West Virginia Law Review

No abstract provided.

Ten Probate Codes, Lewis M. Simes

Michigan Law Review

It is the purpose of this article to summarize some of the most important aspects of these codes for the purpose of indicating legislative trends. For the most part, they will be discussed in the chronological order of their enactment. While some of them deal with many other matters besides the law of decedents' estates, such as guardianships and testamentary trusts, this discussion will be limited to the substantive and procedural law of decedents' estates, exclusive of matters of ancillary administration.

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. …

Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim

Michigan Law Review

The year 1952 finds various currents of controversy in the antitrust field converging toward the necessity for a survey and reappraisal of the body of congressional legislation generally known as the "federal antitrust laws." The foundation stone in the trio of principal antitrust statutes is the Sherman Act of 1890. Section 5 of the Federal Trade Commission Act and the Clayton Act of 1914, as amended, are the other two members of this major group of antimonopoly laws. While differing in particulars in its impact upon the American economy, each of these basic statutes is avowedly designed to maintain competition …

Loss: Securities Regulation, Arthur H. Dean

Michigan Law Review

A Review of SECURITIES REGULATION. By Louis Loss.

Bills And Notes-Right Of Maker Of Promissory Note To Set-Off In An Action By A Post-Maturity Transferee, Harold S. Lentz S.Ed.

Michigan Law Review

In an action upon a promissory note by a holder who was a transferee after maturity, the maker sought to set-off collateral claims which he held against the holder's transferor. Section 58 of the Negotiable Instruments Law provides: ''In the hands of any holder other than a holder in due course a negotiable instrument is subject to the same defenses as if it were non-negotiable." Another statute of the jurisdiction allowed set-off of collateral claims against third persons in actions on negotiable instruments. The lower court refused to allow the set-off. On appeal, held, reversed. Section 58 of the …

The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler

Michigan Law Review

The Uniform Code of Military Justice, designed to govern the entire military establishment of the United States, was enacted May 5, 1950, replacing the three separate systems of law theretofore applied to the Army, Navy, and Air Force. Pressure for a uniform code was a reflection of the great surge toward unification of the Armed Services which followed World War II. The new Code, however, is not just a revision and consolidation of the prior systems of military law. World War II, with its great increase in the size of the Armed Services and in the percentage of the population …

Labor Law-Jurisdiction Of Nlrb Under Self-Imposed Limitations, Bernard L. Goodman S.Ed., Robert S. Griggs S.Ed.

Michigan Law Review

Under the original National Labor Relations Act of 1935 and that act as it stands amended by Title I of the Labor-Management Relations Act of 1947, Congress has conferred upon the National Labor Relations Board regulatory authority in certain areas of industrial relations, the jurisdictional extent of which is conterminous with the power of the federal government under the commerce clause of the Constitution. At an early date, however, the Board determined that ''budgetary limitations as well as the need to avoid diffusion of its time and energy ... [justified] it in not exerting its jurisdictional authority to the legal …

Federal Procedure-Jurisdiction-Determination Of Amount In Controversy In Class Actions Under Federal Rule 23, James W. Callison

Michigan Law Review

Plaintiff owned 50 shares of common stock valued at $950. She brought an action in behalf of herself and all other stockholders to enjoin a sale of unissued stock by the corporation to its president, claiming a violation of her preemptive right. The district court ruled on the merits. On appeal, held, the plaintiff's interest was but a small fraction of the $3,000 required to invoke the jurisdiction of the federal courts. Although the action was representative, the claims of other stockholders in a like situation could not be cumulated. Ames v. Mengel Co., (2d Cir. 1951) 190 …

Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger

Michigan Law Review

Lane's application for an annuity under the Railroad Retirement Act to the lower adjudicative branches of the Railroad Retirement Board was denied. Lane, by claiming that a "grievance" had been created by the railroad's insistence that he had voluntarily resigned from its service in 1933, then brought the matter before the National Railroad Adjustment Board, which found that Lane had been an "employee" of the railroad from 1905 to 1937. When Lane's case was subsequently heard before the Retirement Board, the findings of the lower adjudicative branches of the Board were affirmed and the Board held that it was not …

The Laws Of Jamaica, 1952, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1952

Published by authority

The Laws Of Jamaica, 1951, Jamaica

Jamaica

The Laws of Jamaica were passed in the year 1951

Published by authority

Current Trends In State Legislation 1952, University Of Michigan Law School

Michigan Legal Studies Series

The Legislative Research Center of the University of Michigan Law School herewith presents the first of a series of volumes which will, over the years, assume very substantial proportions-a series prepared and published by the Center dealing with current problems of statute law.

A major aspect of the work of the Legislative Research Center involves a continuing study of contemporary trends in state legislation- studies to show where the legislative process is leading us. The present volume on "Current Legislative Trends" is the first in a continuing series of annual or biennial monographs dealing with statute law as it is …

Terminating Conditions Unlimited In Time

Indiana Law Journal

No abstract provided.

The Distinction Between A Rule And An Order In The Administrative Procedure Act, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

The Defense Production Act--A Summary, James A. Durham

Kentucky Law Journal

No abstract provided.

Book Review. Heady, F., Administrative Procedure Legislation In The States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.