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Articles 31 - 60 of 155
Full-Text Articles in Law
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Michigan Law Review
Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Evidence-Scientific Tests For Lntoxication-Admissibility, James B. Wilson S. Ed., John J. Edman S. Ed.
Michigan Law Review
It is the purpose of this comment to examine the admissibility and probative value of the tests available for determining the amount of alcohol in the human system.
Admiralty-Recovery For Negligent Invasion Of Contractural Interest In Use Of Ship, Duncan Noble S. Ed.
Admiralty-Recovery For Negligent Invasion Of Contractural Interest In Use Of Ship, Duncan Noble S. Ed.
Michigan Law Review
A fishing vessel just beginning a voyage was negligently struck by another ship and laid up for a period of time for repairs. The crew were to have been compensated on the so-called "lay plan," 32% of the gross catch going to the jointly-owned vessel and gear, and 68% being split equally among the crew of ten, which included one of the joint owners. On a libel filed originally by seven of the crew members, but later joined by both owners and the remaining two of the crew, the trial court allowed recovery of the cost of repairs to the …
Bills And Notes-Negligent Conduct By Drawer Preventing His Claim That Drawee Paid On A Forged Indorsement, John S. Slavens S. Ed.
Bills And Notes-Negligent Conduct By Drawer Preventing His Claim That Drawee Paid On A Forged Indorsement, John S. Slavens S. Ed.
Michigan Law Review
X and Y, owners of a joint savings account with the plaintiff bank, delivered their bankbook to Z with a withdrawal receipt signed by both depositors in the amount of $75. Z fraudulently altered the receipt, a form used only in paying directly to a depositor, by raising the amount to $5,000, and then presented the bankbook and altered instrument to a teller employed by plaintiff, asking for $5,000. The teller, unwilling to give Z the money, was then instructed to alter the receipt so as to give it the appearance of a check. Then on behalf of plaintiff, …
Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.
Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.
Michigan Law Review
The plaintiff, a Negro, was denied admission to a municipal golf course under an ordinance setting aside certain public parks for the exclusive use of Negroes, and providing that all other public parks were for the exclusive use of white people. Only the public parks provided for the "whites" had golf courses, though in all other respects the park facilities offered were substantially equal. The plaintiff brought an action in a federal district court for a declaratory judgment as to his civil rights and for an injunction protecting such rights. The injunction was denied on the grounds that the facilities …
Corporations-Securities Exchange Act Of 1934-Equitable Principles As A Bar To Short Swing Recovery Under Section 16(B), Edward D. Goldstein S. Ed.
Corporations-Securities Exchange Act Of 1934-Equitable Principles As A Bar To Short Swing Recovery Under Section 16(B), Edward D. Goldstein S. Ed.
Michigan Law Review
Plaintiff corporation, after receiving authority from the Corporation Commissioner of California, gave to its key employees including defendants ( who were officers of the corporation) options to purchase certain stock of the plaintiff. The plan originated with the president of the corporation and the agreement took place at a time when the stock was unlisted. At no time subsequent to the stock being listed on a stock exchange did the plaintiff advise defendants of the short swing-requirements that arose from listing. Plaintiff's purpose in granting the option was to retain the services of its key employees and to induce these …
Federal Procedure-Jurisdiction-Effect Of Disclaimer In Diversity Of Citizenship Cases, Richard W. Pogue S. Ed.
Federal Procedure-Jurisdiction-Effect Of Disclaimer In Diversity Of Citizenship Cases, Richard W. Pogue S. Ed.
Michigan Law Review
Plaintiff partnership brought suit in a federal court, alleging that defendants were citizens of Kentucky, and that all partners but one were non-citizens of Kentucky. The Kentucky partner was named as a defendant because of his refusal to join the other partners in the action, whereupon he filed an answer and disclaimer, in which he disclaimed any interest in the suit. Other defendants answered contesting the jurisdiction of the court on the ground that the Kentucky partner was required to be joined with the parties plaintiff, thus destroying the necessary diversity of citizenship. The district court dismissed the Kentucky partner, …
Federal Procedure-Removal Denied To Lmpleaded Party Under 28 U.S.C. 1441(C), Robert G. Russell S. Ed.
Federal Procedure-Removal Denied To Lmpleaded Party Under 28 U.S.C. 1441(C), Robert G. Russell S. Ed.
Michigan Law Review
Plaintiff sued to recover indebtedness of $7000, to foreclose a chattel mortgage, and to enjoin a local bank from permitting the accounts of the debtor to be withdrawn. Defendant then filed a cross-complaint, as authorized by state procedure, against a third party nonresident garnishee to recover damages for breach of contract and money owed in the sum of $35,000. The cross-defendant removed the case to the United States district court. Held, although the cross-complaint stated a separate and independent cause of action, it could not be the basis of removal since 28 U.S.C. §1441 (c) contemplates only the removal …
Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed.
Taxation-Federal Income Tax-Payments Under Written Agreement Incident To Divorce, David W. Rowlinson S. Ed.
Michigan Law Review
Petitioner and her husband separated in January 1919 after marital difficulties. The following sequence of events transpired in the next four months: the husband employed detectives to follow his wife and discover evidence on which a divorce action could be predicated; petitioner instituted proceedings for legal separation; a separation agreement was executed under which the husband was to give petitioner an initial payment of $200,000 and subsequent annual payments of $30,000 for her life; the husband began a suit for divorce to which petitioner counterclaimed for a divorce; a divorce was decreed in favor of petitioner. Petitioner did not ask …
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Silva: Presidential Succession, Wilber M. Brucker, Jr. S. Ed.
Michigan Law Review
A Review of PRESIDENTIAL SUCCESSION. By Ruth C. Silva.
Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke
Torts-Statutes-Unsatisified Judgment And Hit-And-Run Provisions As Supplementing Financial Responsibility Acts, Herbert L. Meschke
Michigan Law Review
In 1947, North Dakota enacted legislation providing that one who recovers a judgment in an action for damages for personal injuries or death resulting from the operation of a motor vehicle and who cannot execute the judgment because of the defendants' inability to pay and lack of property, may receive payment from the state unsatisfied judgment fund upon application to the court and assignment of the judgment to the state. The fund was created, and is to be maintained, by a special assessment on motor vehicle owners. 1951 North Dakota legislation provides that any person who has a cause of …
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Constitutional Law-Evidence-Use Of Illegally Obtained Evidence And Due Process Of Law, Allan Neef S.Ed.
Michigan Law Review
It is fundamental, even in a federal system, that a state be free to regulate the procedure of its courts in accordance with its own conceptions of proper policy, subject only to constitutional limitations safeguarding individuals from arbitrary action by the state. In the United States this constitutional protection is two-fold-both state and federal constitutions acting as limitations on state action. As a result, a problem arises as to what extent the federal courts can, in the enforcement of federal constitutional limitations, override state criminal procedures and the policies underlying them. It is clear that the states have, by virtue …
The Law Review-Its First Fifty Years, E. Blythe Stason
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.
Ten Probate Codes, Lewis M. Simes
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.
Federal Antitrust Legislation: Guideposts To A Revised National Antitrust Policy, S. Chesterfield Oppenheim
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 …
Significant Developments In Labor Law During The Last Half-Century, Russell A. Smith
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 …
Trends In Modern Corporation Legislation, Kenneth K. Luce
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. …
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
The Unhappy History Of Civil Rights Legislation, Eugene Gressman
Michigan Law Review
The enforcement by federal legislation of the constitutional right of individuals is a story written largely in terms of confusion, distortion and frustration. Seldom, if ever, have the power and the purposes of legislation been rendered so impotent. Indeed, this story constitutes one of the saddest chapters in the historic struggle to effectuate the American ideal of freedom and equality for all.
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Michigan Law Review
The recent decision of the Supreme Court in the case of Zorach v. Clauson affirms the constitutionality of the New York City program for releasing pupils from public schools so that they may attend religious education classes held outside of school property. The pupils are released upon the written request of their parents, and those not released from school remain in their classrooms. Regulations under which the program is conducted prohibit comment by school officials on attendance. Plaintiffs, who were taxpayers and parents of children attending the public schools, unsuccessfully contended that the program was a violation of the First …
Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr
Constitutional Law-Civil Procedure-Due Process Requirements For State Jurisdiction Over Foreign Corporations, Richard D. Rohr
Michigan Law Review
The plaintiff, a nonresident of Ohio, brought an action in Ohio against the defendant, a sociedad anonima organized under the laws of the Philippine Islands, on claims which neither arose in Ohio nor were connected with the defendant's activities in Ohio. Defendant's president, who was also its general manager and principal stockholder, had returned to his home in Ohio when the company's mining operations were suspended by the Japanese occupation of the Philippines. During the war years, he conducted such business as was possible in Ohio, holding directors' meetings, carrying on correspondence, maintaining bank accounts, but the defendant did not …
Municipal Corporations-Power Of The Municipality To Expend Public Funds For Municipal Advertising, William A. Bain, Jr.
Municipal Corporations-Power Of The Municipality To Expend Public Funds For Municipal Advertising, William A. Bain, Jr.
Michigan Law Review
A statute allowed any city to set aside a certain amount annually from the general tax fund, which money might be expended under the direction and control of the city council for the purpose of aiding and encouraging the location of industry and other purposes which would increase the population, taxable property, and business prospects of the city. The Burlington City Council appropriated $2,000 to the Chamber of Commerce, a private non-profit corporation, which was organized for the purpose of advancing the commercial, civic, industrial, and monetary interests of the city. No specification was, made as to use, and the …
Loss: Securities Regulation, Arthur H. Dean
Loss: Securities Regulation, Arthur H. Dean
Michigan Law Review
A Review of SECURITIES REGULATION. By Louis Loss.
The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler
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 …
Taxation-Federal Income Tax-Gain On Sale Of Livestock, David F. Ulmer S.Ed.
Taxation-Federal Income Tax-Gain On Sale Of Livestock, David F. Ulmer S.Ed.
Michigan Law Review
Taxpayer was engaged in the business of raising and breeding beef cattle. Each year he would add to the breeding herd the young females raised the previous year and would cull from the herd those older cows who had outlived their most productive years and such young heifers as had proved unproductive. These culls were sold on the market, and taxpayer returned the amounts received from these sales as capital asset gain. The Commissioner assessed a deficiency claiming the sales resulted in ordinary income. Held, the sale of culls from a breeding herd is treated as a sale of …
Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall
Trade-Marks And The Monopoly Phobia, Beverly W. Pattishall
Michigan Law Review
If it can be said that trade-mark rights are, in fact, monopoly rights, it must be added that they are monopoly rights justified in the same way that one's own particular physiognomy is a monopoly or one's rights enumerated in the first ten amendments to the Constitution are individual monopolies.
Corporations-Dividends-Majority Of The Board Of Directors As Indispensable Parties In A Suit To Compel The Declaration Of Corporate Dividends, James W. Callison
Corporations-Dividends-Majority Of The Board Of Directors As Indispensable Parties In A Suit To Compel The Declaration Of Corporate Dividends, James W. Callison
Michigan Law Review
A minority group of stockholders brought an action to compel a declaration of dividends on common stock, naming as defendants the Continental Mills company, four of the five directors of the corporation, and a majority stockholder. Effective service of process was made only on the corporation and two of the directors. The majority stockholder and the other two directors named appeared specially and obtained a dismissal of the action as to them. The two directors properly served then moved to dismiss the action for failure to include a majority of the board of directors as parties. Held, a majority …
Corporations--Shareholders-Effect On Voting Trust Agreement Of Inability To Transfer Shares To The Voting Trustees, Peter Van Domelen
Corporations--Shareholders-Effect On Voting Trust Agreement Of Inability To Transfer Shares To The Voting Trustees, Peter Van Domelen
Michigan Law Review
Plaintiff filed a petition in equity attacking his removal as a director and president of the defendant corporation on the grounds that such removal was brought about through the exercise of an alleged invalid voting trust agreement The plaintiff and another shareholder, each owning fifty per cent of the stock in the defendant corporation, had entered into a voting trust agreement by which they appointed themselves and a third party as voting trustees. At the time the trust agreement was executed, all of the stock was on deposit with an escrow agent subject to an existing escrow contract. Plaintiff challenged …
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Evidence-Examination Of Witnesses-Use Of Pardoned Conviction To Attack Credibility Of Accused As Witness, Bernard A. Petrie S.Ed.
Michigan Law Review
To attack the credibility of defendant charged with larceny of an automobile, the prosecution cross-examined him as to a prior conviction based upon unauthorized use of an automobile. Defendant had received a full pardon pursuant to a Presidential proclamation of general amnesty for federal offenders with one year or more of honorable World War II service. On appeal after conviction, held, affirmed, one judge dissenting. A full pardon does not deprive the state of the right to use a prior conviction in attacking the credibility of the accused as witness. Richards v. United States, (D.C. Cir. 1951) 192 …
Admiralty-Duration Of Duty To Provide Maintenance And Cure, R. B. Barnett
Admiralty-Duration Of Duty To Provide Maintenance And Cure, R. B. Barnett
Michigan Law Review
Libelant, while employed as engineer on a vessel operated by the United States, suffered a heart attack. He was paid maintenance and cure from May 31, 1946, when he was discharged from the hospital, until May 26, 1947. This action was brought to recover maintenance and cure from that date until March 25, 1951, when he returned to work, less two periods during which he had been employed for 60 and 93 days. Since April 1947, libelant had received treatment consisting of sedatives and medications designed to relieve chest pains and other discomforts. It was acknowledged there had been little …
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Michigan Law Review
ln a suit on a negotiable instrument, a problem arises as to just how many places can claim valid jurisdiction. Thus, where the domiciles of the parties to a negotiable instrument are diverse, there are several jurisdictional possibilities. For example, with regard to a negotiable bearer bond it may be said that there is sufficient contact with the parties and/or the property (1) at the place where it was issued, (2) at the present location of the certificate of indebtedness, (3) at the location of the debtor corporation's office or principal place of business, or (4) in the state of …