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Articles 1 - 19 of 19
Full-Text Articles in Law
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Michigan Law Review
In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …
Courts-Jurisdiction-Constitutionality Of Statute Establishing Jurisdiction Over Nonresident Conducting Business In State Through Resident Agent, David D. Ring
Michigan Law Review
Defendant, a resident of Utah, sued petitioner, a resident of California, to recover construction costs and contractor's fee for the erection of a building at petitioner's Utah place of business. In accordance with a statute of Utah providing that jurisdiction over a nonresident individual doing business in the state could be obtained in all actions arising out of the conduct of the business by serving process on the resident agent managing the business, summons was served on the petitioner's Utah manager. Petitioner appeared specially and moved to quash the summons for lack of jurisdiction, which motion was denied. He then …
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Federal Courts-Venue-Construction Of Sections 51 And 52 Of Judicial Code, Daniel W. Reddin Iii S.Ed.
Michigan Law Review
Petitioner, a resident and citizen of Mississippi, brought a negligence action based upon diversity of citizenship in the Federal District Court for the Eastern District of Louisiana, joining as defendants Highways Insurance Underwriters, a Texas corporation qualified to do business in Louisiana, and respondents, Reich Brothers Construction Co., a partnership, and its individual members, residents of the Western District of Louisiana. Respondent, Reich Brothers, moved to dismiss on the ground of improper venue under sections 51 and 52 of the Judicial Code which in effect provide that in diversity cases, suit shall be brought only in the district where either …
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Constitutional Law - Privileges And Immunities - Commerce Clause-Proprietary Interest Of State In Its Natural Resources, Charles D. Bell
Michigan Law Review
Plaintiffs, residents of Georgia, sued to enjoin the enforcement of a South Carolina statute imposing on shrimp boats a license fee one-hundred times greater for nonresident owners than for resident owners, and requiring all shrimp to be unloaded, packed, and stamped in South Carolina before shipments into other states. The suit was based on the alleged contravention of the privileges and immunities and commerce clauses of the Constitution of the United States. Plaintiff's petition was dismissed by the trial court. On appeal, held, reversed. The disparity in resident and nonresident license fees constituted discrimination against nonresidents in violation of …
Corwin: Liberty Against Government, Michigan Law Review
Corwin: Liberty Against Government, Michigan Law Review
Michigan Law Review
A Review of LIBERTY AGAINST GOVERNMENT. By Edward S, Corwin .
Killingsworth: State Labor Relations Acts, Michigan Law Review
Killingsworth: State Labor Relations Acts, Michigan Law Review
Michigan Law Review
A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.
Corporations-Redeemable Stock-Fiduciary Duty Of Directors, Leroy H. Redfern S.Ed.
Corporations-Redeemable Stock-Fiduciary Duty Of Directors, Leroy H. Redfern S.Ed.
Michigan Law Review
A federal district court judge introduced an opinion on the fiduciary obligation of corporate directors by stating that "the doctrine of the fiduciary relation is one of the most confused and entangled subjects in corporation law." In Zahn v. Transamerica Corporation the fiduciary duties of corporate directors were discussed extensively by the Third Circuit Court of Appeals. The court not only failed to terminate the confusion and clear the entanglement but may well have added to it by using the fiduciary concept in a new field.
Judges-De Facto Judges, J. R. Swenson S.Ed.
Judges-De Facto Judges, J. R. Swenson S.Ed.
Michigan Law Review
In 1947, the Arkansas legislature created an additional division in the First Chancery Circuit and provided that the office be filled until the next general election by Ruth F. Hale, the then Master of Chancery in that circuit. In Arkansas, divorce is an equitable proceeding, and from the date of her appointment, Chancellor Hale had granted an estimated 1,750 divorces. Defendant appealed a divorce decree granted by Chancellor Hale alleging it to be void. Held, decree vacated. Three judges dissented. Howell v. Howell, (Ark. 1948) 208 S.W. (2d) 22.
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Michigan Law Review
The highest courts of Missouri and Michigan, and the Court of Appeals for the District of Columbia, had held that restrictions against occupancy of land by negroes were enforceable by injunction. On certiorari, held, reversed. Enforcement of such restrictions by state courts constitutes a denial of equal protection of the laws. Enforcement by courts of the District violates the Civil Rights Act of 1866, and also it is contrary to the public policy of the United States to allow a federal court to enforce an agreement which a state court could not constitutionally enforce. Shelley v. Kraemer, (U.S. …
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Constitutional Law-Procedural Due Process Denied By Michigan's "One-Man Grand Jury'', Robert J. Nordstrom
Michigan Law Review
Petitioner was summoned to appear as a witness before one of Oakland County's judges who was then acting in the capacity of "one-man grand juror." This proceeding was attended only by petitioner, the judge grand juror, and two other circuit judges acting as advisers to the latter. The purpose was to investigate alleged misconduct on the part of law-enforcing officials through the acceptance of bribes in the form of sales of worthless "bonds" on pin-ball machines. Petitioner admitted purchasing these "bonds" but could. not recall just what he had done with them when they had expired. Concluding that the petitioner's …
Some Problems In Special Assessment District Obligations, Irvin Long
Some Problems In Special Assessment District Obligations, Irvin Long
Michigan Law Review
The question of the jurisdiction of a board or officer authorized to construct a local improvement and levy special assessments therefor has always been troublesome, and is particularly so when bonds or other obligations are issued in anticipation of the collection of such assessments. A vast amount of litigation has occurred in Michigan in recent years over drain district assessments, and bonds which such districts have issued. While this is of primary interest to Michigan lawyers and investors in public securities, many of the questions involved seem to be of such a general nature, so far as special assessment procedure …
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Michigan Law Review
Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes …
Corporations - Certificate Of Amendment Conferring Voting Rights On Outstanding Preferred Stock-Remedy Of Non-Assenting Common Stockholder Under New York Appraisal Statute, Edwin F. Uhl S.Ed.
Corporations - Certificate Of Amendment Conferring Voting Rights On Outstanding Preferred Stock-Remedy Of Non-Assenting Common Stockholder Under New York Appraisal Statute, Edwin F. Uhl S.Ed.
Michigan Law Review
By amendment of its certificate of incorporation, defendant conferred upon its outstanding preferred stock voting rights equal to those of the common. This alteration reduced the voting interest of the plaintiff's fifty shares of common stock from an approximately 1/33,000 to 1/36,000 part. Plaintiff, who at all times had opposed adoption of the amendment, instituted proceedings under a provision of the New York Stock Corporation Law awarding to dissenting stockholders the right to an appraisal of and payment for their stock "if the certificate . . . abolishes any voting right of the holders of shares of any class or …
Mcgowan: Trust Receipts, Michigan Law Review
Mcgowan: Trust Receipts, Michigan Law Review
Michigan Law Review
A Review of TRUST RECEIPTS. By George B. McGowan.
Constitutional Law-Tax Exemption Contract, Grétel Schinnerer
Constitutional Law-Tax Exemption Contract, Grétel Schinnerer
Michigan Law Review
A charter granted in 1863 by the State of Georgia to the Atlantic Coast Line Railroad Company provided as follows: "The stock of said company shall be subject to a tax not exceeding ½ per cent per annum on the net proceeds of its investments." In 1931, the Georgia legislature levied a tax of 5½ per cent on corporate net income. The railroad brought an action seeking to have an assignment under this tax declared invalid, on the theory that the tax as applied to the plaintiff railroad violated the contract clause of the federal Constitution. The Georgia Supreme Court …
Municipal Corporations-Validity Of Juke Box Licensing Ordinance As Exercise Of Police Power, Edward S. Tripp S.Ed.
Municipal Corporations-Validity Of Juke Box Licensing Ordinance As Exercise Of Police Power, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff owned and operated coin-operated phonographs, commonly known as juke boxes, in the City of New Kensington, Pennsylvania. The city enacted an ordinance making the possession of coin-operated phonographs or music boxes within the city without a license illegal. An annual license fee of $25.00 per machine was imposed and violators were subjected to fine and imprisonment, each day of illegal operation constituting a separate offense. Plaintiff sought to enjoin enforcement of the ordinance, alleging that it would cause him irreparable injury and that it was unconstitutional because beyond the legislative power of the city council. An injunction was granted …
Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii
Interstate Commerce-Freight-Rate Discrimination-Action By The Interstate Commerce Commission And The Supreme Court, John F. Buchman, Iii
Michigan Law Review
The attack upon alleged discrimination against industrial development of the South, Southwest, and West by the maintenance of higher freight-rates on shipments from those sections to the greater markets of the North and East has followed two plans: (1) complaint to the Interstate Commerce Commission to remedy the discrimination by the exercise of its power over the rates themselves; (2) anti-trust action against the agencies through which the rates are initiated. The second plan of attack is illustrated by prosecutions brought by the Department of Justice Anti-Trust Division against forty-seven western railroads for illegal conspiracy to set unfair freight-rates, and …
Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr.
Corporations-Derivative Suits-Who Is A Shareholder Under Federal Rule 23 (B), Kent Chandler, Jr.
Michigan Law Review
Plaintiff brought suit in a federal district court to enforce the rights of defendant, an Illinois corporation, to monies allegedly embezzled by its president and to certain shares of stock allegedly issued to him illegally. The complaint alleged that plaintiff, a Delaware corporation, "is now and has been at all times hereinafter complained of the owner of 6538 shares of the common stock of . . . defendant herein." Defendant, showing by affidavit that plaintiff had never been a shareholder of record, moved to dismiss the complaint for failure to meet the requirements of federal rule 23 (b). The court …
Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer
Community Property-Constitutionality Of The Pennsylvania Community Property Act, Richard J. Archer
Michigan Law Review
After the effective date of the Pennsylvania Community Property Act the husband used income from his separate property to pay part of an advance installment on a life insurance policy acquired before the act. He afterward assigned the policy to the plaintiff. The insurance company refused to recognize the validity of the assignment without the wife's consent on the basis that the income from separate property became community property so as to give the wife an interest in the policy. The Pennsylvania Community Property Act provided, inter alia, that: (1) the separate property of each spouse shall consist of that …