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1957

University of Michigan Law School

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Full-Text Articles in Law

Vol. 7, No. 10, December 13, 1957, University Of Michigan Law School Dec 1957

Vol. 7, No. 10, December 13, 1957, University Of Michigan Law School

Res Gestae

•Wigge and Robbe, Sponsored by the Barristers Society •Wigge and Robbe Pre-Parties •Law Club Open House and Christmas Musicale •Melvin Belli, Famed San Francisco Personal Injury Attorney will be Here •Snow Failed to Stop •Phil Thorpe •Eugene Harting and Gil Wanger •In the Circuit Court •At the Flicks

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Vol. 7, No. 9, December 6, 1957, University Of Michigan Law School Dec 1957

Vol. 7, No. 9, December 6, 1957, University Of Michigan Law School

Res Gestae

•Wigge and Robbe; Annual Winter Dance, Will be Held Saturday •Fraternity Social Events •SBA Wives Groups to Meet This Week •Final Listings of Home Addresses •Law Club Volleyball Team Won the Law School Championship •Silver Trophy for the Best Brief •Quarter Final Round of Campbell Competition Will be Held Thursday •230 Different Higher Educational Institutions are Represented •At the Circuit Court •At the Flicks

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Constitutional Law - Courts-Martial - Power Of Congress To Provide For Military Jurisdiction Over Civilian Dependents, Gerald M. Smith Dec 1957

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 …

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Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed. Dec 1957

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

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Recent Books, Michigan Law Review Dec 1957

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

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A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler Dec 1957

A Supplement To "Constitutionality Of Marketable Title Acts"-1951-1957, Ralph W. Aigler

Michigan Law Review

An article bearing the title, "Constitutionality of Marketable Title Acts," was published in December 1951. It was there pointed out that such legislation, of which the Michigan act is an example, should be found to be within constitutional limits. It was recognized, however, that direct authority was scarce and that cases that might be deemed pertinent were conflicting.

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Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie Dec 1957

Corporations - Dissolution - Effect On Federal Criminal Prosecution Against Corporation, Lawrence J. Labrie

Michigan Law Review

Defendant corporation was prosecuted along with its officers .and employees for submitting false statements on FHA insured loans and for conspiracy. After return of indictment the corporation was voluntarily dissolved under Texas law. The corporation's motion to dismiss the indictment on the ground that dissolution abated the prosecution was overruled. On appeal, held, affirmed. Article 1388 of the Texas civil statutes which constitutes the president and directors trustees "to settle the affairs" of a dissolved corporation and to "maintain or defend judicial proceedings," continues the corporation in existence for the purpose of defending federal criminal proceedings. Alamo Fence Company …

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Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg Dec 1957

Restitution - Equitable Remedies - Imposition Of Equitable Lien To Carry Out Provisions Of Will, David C. Berg

Michigan Law Review

H and W each conveyed their separate farms to themselves as joint tenants by means of a third-party conduit. The deeds were not recorded, and H and W continued to regard their respective farms as belonging to themselves individually. In 1951, W, faced with imminent death, executed a will calling for the payment of certain bequests out of her farm or its proceeds. H agreed to act as executor and promised that the bequests would be paid. H had recorded the joint tenancy deeds before W died, but had not paid the bequests when he died intestate two years …

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Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown Dec 1957

Konefsky: The Legacy Of Holmes And Brandeis, Ernest J. Brown

Michigan Law Review

A Review of The Legacy of Holmes and Brandeis . By Samuel J. Konefsky.

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Civil Procedure On The American Frontier, William Wirt Blume Dec 1957

Civil Procedure On The American Frontier, William Wirt Blume

Michigan Law Review

The Treaty of Greenville (1795) by which Indian tribes of the Northwest Territory ceded to the United States the eastern and southern parts of the area which later became the state of Ohio, provided that certain small areas north and west of the treaty line should also be ceded.

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Alcoholism And The Law, Melvin L. Selzer Dec 1957

Alcoholism And The Law, Melvin L. Selzer

Michigan Law Review

The American public has recently been subjected to a deluge of articles and books on the subject of alcoholism. While these contributions have been filled with valuable information, certain omissions have been noticeable. These omitted facts are of vital significance to any one wanting to gain insight into the broad problem of alcoholism. The first omission is a failure to stress that no one-or almost no one-knows who is alcoholic. This may include the alcoholic himself. It is a point of considerable importance in determining the proper disposition of certain criminal cases.

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Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed. Dec 1957

Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.

Michigan Law Review

It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.

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Business Associations - Uniform Limited Partnership Act - Activites Making A Limited Partner Liable As A General Partner, Frank D. Jacobs Dec 1957

Business Associations - Uniform Limited Partnership Act - Activites Making A Limited Partner Liable As A General Partner, Frank D. Jacobs

Michigan Law Review

Marback Motor Co., a limited partnership, was formed in 1951 pursuant to the California Uniform Limited Partnership Act. Defendant limited partner held a chattel mortgage on partnership assets and owned the building in which the business was located. He had authority to co-sign checks of the partnership, but checks could be drawn on the firm's account without his signature and he could not withdraw funds himself. In August 1953, without a prior dissolution of the limited partnership, defendant bought some assets of the firm at a purchase price found to represent the fair market value of the properties. At the …

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Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr Dec 1957

Constitutional Law - Due Process - Limits On Investigative Power Of State Legislative Committees, George E. Lohr

Michigan Law Review

Defendant appeared before the New Hampshire attorney general, who was authorized by statute to investigate violations of the state subversive activities law and to determine if subversive persons, as defined therein, were present within the state. Defendant refused to answer certain questions about the contents of a university class lecture delivered by him and about his knowledge of other persons' activities in the Progressive Party, contending that such questions infringed an area protected by the First Amendment. The state superior court conceded the infringement of defendant's rights, but found this to be justified by state interest in self-protection, and convicted …

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Corporations - Capital And Stock - Applicability Of Restrictions On Transfer Of Stock To Transfer Caused By Death, Robert P. Luciano Dec 1957

Corporations - Capital And Stock - Applicability Of Restrictions On Transfer Of Stock To Transfer Caused By Death, Robert P. Luciano

Michigan Law Review

The stock of the Taylor Trunk Company, with the exception of the two shares now in controversy, was divided equally between two brothers, the remaining two shares having been held by a third brother now deceased. A by-law provided: "That no transfer or sale of the stock of the Company can be made without first offering said stock for sale to the remaining stockholders. . . ." The administrator with will annexed and the legatee of the decedent sought in this action to have the two shares of stock owned by decedent at his death transferred on the books of …

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Corporations - Liabilites - Inadequate Capitalization As Ground For Disregarding Corporate Entity, Lewis L. Clum Dec 1957

Corporations - Liabilites - Inadequate Capitalization As Ground For Disregarding Corporate Entity, Lewis L. Clum

Michigan Law Review

Defendant Resnick, meeting minimum statutory incorporation requirements, organized a corporation and thereafter persuaded defendants Cowan to join him in operating a used car enterprise under the corporate name. No stock was issued, nor capital paid in, although a checking account was opened for use by the business. Car purchases were financed through loans made or guaranteed by the elder Cowan, who held title until resale. Proceeds from resale transactions were deposited in the checking account, from which defendant Resnick reimbursed Cowan for money advanced. Sales volume averaged from $100,000 to $150,000 monthly. Assured that the elder Cowan was "backing" the …

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Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich Dec 1957

Federal Procedure - Trial Practice - Not Reversible Error For Trial Judge To Summon Jury Sua Sponte After Waiver, Thomas A. Dieterich

Michigan Law Review

Plaintiff instituted this action for breach of contract and defendant counterclaimed. Neither party demanded a jury trial during the period in which it was claimable as of right. Subsequently defendant moved for a jury trial. The motion was denied and was never renewed. Seven months later, on the eve of the trial, the court issued an order sua sponte for a jury trial. Plaintiff's objection was overruled. The jury awarded damages to plaintiff in the same amount as the conceded counterclaim. On appeal, held, affirmed, one judge dissenting. Although the trial judge's action in calling a jury on his …

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Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams Dec 1957

Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams

Michigan Law Review

More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …

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Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky Dec 1957

Negligence - Damages - Mental Anguish From Witnessing Peril Of Third Party, Mark Shaevsky

Michigan Law Review

Plaintiffs (husband, wife, and three children) incurred physical injuries and a fourth child was burned to death in an automobile collision with the defendant's vehicle. Plaintiffs claimed compensation for mental anguish sustained from witnessing the death of the child. Defendant's motion to strike the allegations of mental suffering, held, granted. Defendant owes no legal duty to protect plaintiffs from mental suffering caused by viewing another in peril. Lessard v. Tarca, (Conn. Super. 1957) 133 A. (2d) 625.

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Regulation Of Business - Sherman Act - Effect Of Trade-Mark On Scope Of Relevant Market, Robert H. Kapp S. Ed. Dec 1957

Regulation Of Business - Sherman Act - Effect Of Trade-Mark On Scope Of Relevant Market, Robert H. Kapp S. Ed.

Michigan Law Review

Defendants are American corporations marketing trade-marked toilet goods obtained from their French affiliates. In each case the French company transferred to the American company trademark rights covering imported products. Pursuant to section 526 of the Tariff Act of 1930 defendants filed with the Bureau of Customs certificates of registration of these trade-marks for the purpose of preventing the competitive importation of products bearing the same trade-marks. In an action by the government charging that utilization of section 526 by each defendant constitutes an attempt to monopolize and a monopolization of the importation and sale of these trade-marked commodities in violation …

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St. John-Stevas: Obscenity And The Law, William B. Lockhart Dec 1957

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

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Vol. 7, No. 8, November 22, 1957, University Of Michigan Law School Nov 1957

Vol. 7, No. 8, November 22, 1957, University Of Michigan Law School

Res Gestae

•Last Blast II is This Sunday •Junior Class Committee Has Been Appointed •Barristers Society Will Present Wigge and Robbe •Fraternity Social Events •Law School Student Body Comes From 43 States and 22 Foreign Countries •Literature Group of SBA Wives •Payments on Quad Contracts •In the Circuit Court •At the Flicks

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Vol. 7, No. 7, November 15, 1957, University Of Michigan Law School Nov 1957

Vol. 7, No. 7, November 15, 1957, University Of Michigan Law School

Res Gestae

•Fraternity Social Events •Law Club Social Events •SBA Will Present Movie "The Nuremberg Trial and Its Lesson for Today" •Alumni Committee and Faculty Committee Meeting Today •Professional Fraternity Touch Football •Pairings for Campbell Competition Have Been Made From Top Case Club Competitors •Organizational Meeting of Legal Aid Society Was Held Last Evening •Law Library Will Remain Open Evenings Until 11:00 •Circuit Court •At the Flicks

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Vol. 7, No. 6, November 8, 1957, University Of Michigan Law School Nov 1957

Vol. 7, No. 6, November 8, 1957, University Of Michigan Law School

Res Gestae

•Courtroom Capers •Second and Third Lectures of Series "The Doctor and the Law" •National Moot Court •Louis Rome Elected Freshman Class President •Fraternity Social Events •Law Club Glee Club Needs Members •Touch Football Report •Cleveland Orchestra •SBA Bookstore's Stock of No-Longer-Used Law Books •In the Circuit Court •At the Flicks

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Vol. 7, No. 5, November 1, 1957, University Of Michigan Law School Nov 1957

Vol. 7, No. 5, November 1, 1957, University Of Michigan Law School

Res Gestae

•"Age of Space Law" •Freshman Class President Election •Fraternity Social Events •Law Club Social Calendar •Legal Aid Society •Assistant Dean Proffitt is Speaking Today to Law School •At the Circuit Court •Professional Fraternity Touch Football •Total Law School Enrollment is 869 •Placement Service Reports 19 Firms Have Interviewed Seniors So Far •At the Flicks

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Labor Law - National Labor Relations Board - Effect Of The Nlrb's Refusal To Take Jurisdiction, Joseph O. Sullivan, John C. Dowd S.Ed. Nov 1957

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 …

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Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed. Nov 1957

Constitutional Law - Right To A Trial By Jury-Power Of Trial Court To Use Additur, Robert W. Steele S.Ed.

Michigan Law Review

The plaintiff brought suit against two defendants, claiming $56,000 for personal injuries suffered in an accident. Upon return of a jury verdict for the plaintiff in the amount of $3,000, the plaintiff moved for a new trial on the issue of damages. The trial court denied the motion on condition that defendants consent to the entry of a judgment of $9,830.92. Both defendants consented. Plaintiff appealed on the ground that the use of an additur constituted an infringement of his constitutional guarantee of a jury trial. Held/em>, affirmed. Conditioning the denial of a new trial upon the defendant's consent …

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Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed. Nov 1957

Workmen's Compensation - Federal Employers' Liability Act - Basis Of Liability Not Common Law Negligence, Robert L. Knauss S.Ed.

Michigan Law Review

Petitioner, a laborer in a railroad section gang, was assigned to burn weeds near a railroad track. He was injured when he fell into a culvert as he was trying to escape from smoke and flames which had been fanned by a passing train. A jury in the Circuit Court of St. Louis awarded damages under the Federal Employers' Liability Act (FELA). The Supreme Court of Missouri reversed upon the ground that the evidence was not sufficient to support a finding of the railroad's liability, and the case should not have been allowed to go to a jury. On certiorari …

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Creditor's Rights - Garnisment -Garnishment Of Branch Banks, Thomas S. Erickson S.Ed. Nov 1957

Creditor's Rights - Garnisment -Garnishment Of Branch Banks, Thomas S. Erickson S.Ed.

Michigan Law Review

Under traditional legal analysis, branch banks are regarded as mere agencies of the banking corporation. Service of process on their officers binds the corporate principal. With the principal thus having knowledge, ". . . that knowledge or notice communicated to the principal, which imposes a duty upon it, becomes by that circumstance, the knowledge of all its agents when acting in an official capacity." Garnishment at a branch bank would therefore seem to impose upon the bank corporation the duty of impounding funds of the principal debtor regardless of the particular branch in which they were located. If funds of …

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Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed. Nov 1957

Labor Law - Labor-Management Relations Act- Extent Of Discretion Exercised By District Courts In Issuing Temporary Injunctions Against Alleged Unfair Labor Practice, John A. Beach S.Ed.

Michigan Law Review

The Labor-Management Relations Act gives federal district courts jurisdiction to grant injunctions in two different situations, notwithstanding the general policy against granting in junctions in labor disputes not involving fraud or violence set by the Norris-LaGuardia Act. The grant of limited injunctive jurisdiction given by section 208 in one situation, national emergencies, will not be discussed. This comment will deal only with the other, the grant of jurisdiction in sections 10(j) and (l) to enjoin alleged unfair labor practices at the request of the National Labor Relations Board's regional officer, pending a disposition of the charges by the …

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