Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (29)
- Property Law and Real Estate (27)
- State and Local Government Law (23)
- Labor and Employment Law (22)
- Contracts (19)
-
- Courts (18)
- Bankruptcy Law (17)
- Constitutional Law (16)
- Insurance Law (14)
- Litigation (14)
- Securities Law (12)
- Torts (12)
- Banking and Finance Law (11)
- Jurisdiction (11)
- Administrative Law (10)
- Commercial Law (10)
- Tax Law (10)
- Taxation-Federal Estate and Gift (10)
- Business Organizations Law (9)
- Family Law (7)
- Legal History (7)
- Antitrust and Trade Regulation (6)
- Civil Procedure (6)
- Criminal Procedure (6)
- Taxation-State and Local (6)
- Communications Law (5)
- Conflict of Laws (5)
- Evidence (5)
- Intellectual Property Law (5)
- Keyword
-
- Fraud (11)
- New York (9)
- Death (8)
- Michigan (8)
- Intent (7)
-
- Negligence (7)
- Insolvency (6)
- Illinois (5)
- Interstate commerce (5)
- Life insurance (5)
- Pennsylvania (5)
- Wife (5)
- Bonds (4)
- Book reviews (4)
- Closed shop (4)
- Collective bargaining (4)
- Creditors (4)
- Husband (4)
- Injuries (4)
- Iowa (4)
- Liability (4)
- National Labor Relations Act (4)
- Ohio (4)
- Wisconsin (4)
- Automobile accident (3)
- Breach of duty (3)
- Chandler Act (3)
- Consent (3)
- Garnishment (3)
- Georgia (3)
Articles 181 - 194 of 194
Full-Text Articles in Law
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Substance And Procedure In The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
It is perhaps the most inveterate doctrine of the conflict of laws that all questions of procedure in a given instance are governed by the lex fori, or the law of the court invoked, regardless of the law under which the substantive rights of the parties accrued. For seven centuries, at least, courts and lawyers have broadly stated or assumed to be axiomatic the rule that substantive rights are fixed and immutable whilst the procedural devices by which such rights may be vindicated and enforced depend solely upon the law of the forum.
Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr.
Jurisdiction Of Employee Suits Under The Fair Labor Standards Act, George W. Crockett Jr.
Michigan Law Review
The statutory authority for employee suits under the Fair Labor Standards Act of 1938 is found in section 16(b). Suits under this section have been instituted in both state and federal courts. In practically every case the defendant has, by a motion to dismiss, challenged the jurisdiction of the court. The usual ground for the challenge in the state courts is that such suits seek to recover penalties incurred under a statute of the United States, and are, therefore, within the exclusive jurisdiction of the district courts of the United States. The jurisdiction of the federal district courts is generally …
Glenn On Fraudulent Conveyances And Preferences, Fred T. Hanson
Glenn On Fraudulent Conveyances And Preferences, Fred T. Hanson
Michigan Law Review
Professor Glenn's new two volume work on Fraudulent Conveyances and Preferences is much more than a revised edition of his previous book. The treatment of preferences is new and the material in the old book is revised and expanded. This expansion is particularly evident in his dealing with commercial financing devices--consignments, trust receipts, after-acquired property clauses, and freehanded mortgages of goods and accounts--which he now views also from the standpoint of preference.
Administrative Law - Scope Of Judicial Review - Doctrine Of The Ben Avon Case- Independent Determination By Court Of Both Law And Facts Where Confiscation Question Involved, Alfred I. Rothman
Michigan Law Review
A recent decision by the United States Supreme Court renders desirable a reexamination of the scope of judicial review of orders and decisions made by administrative bodies, and more specifically a reexamination of the doctrine of the Ben Avon case. There are several possibilities as to the finality that may be accorded to administrative fact determinations: first, findings may be conclusive and binding upon the reviewing court; second, they may be conclusive if supported by substantial evidence; third, they may be subject to independent determination by the court. To what extent, if any, the scope of review should take the …
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Constitutional Law- Eminent Domain - Power Of State To Condemn Land For Low-Cost Housing And Transfer To The United States, Oscar Freedenberg
Michigan Law Review
Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United …
Labor Law - The Apex Decision And Its Effect On The Application Of The Sherman Act To Activities Of Labor Unions, Philip W. Buchen
Labor Law - The Apex Decision And Its Effect On The Application Of The Sherman Act To Activities Of Labor Unions, Philip W. Buchen
Michigan Law Review
Labor made a bold attempt in the case of Apex Hosiery Company v. Leader to procure a determination by the Supreme Court that labor organizations and their activities are exempt from the Sherman Act. The act, having survived this attack, presumably remains a potential weapon against labor unions. However, the Court by its decision has rejected a theory that the Sherman Act should be expanded on the principles of the Wagner Act decisions, has imposed a new restriction upon its application, and has opened the way for developments which will have substantially the effect of excluding labor unions from its …
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Banks And Banking -Trusts - Right Of Bank To Sell Participating Trust Certificates In Self-Owned Property, Michigan Law Review
Michigan Law Review
In 1923 the trust company entered into a transaction with the land company by which the land company borrowed $130,000 with which it purchased a city property for slightly less than that amount and gave title to the trust company as security for the loan. Through a series of loans later negotiated the trust company came to have an investment of $150,000 in the property. In 1926 the trust company made an agreement with the land company pursuant to which the trust company declared itself trustee of the property at an appraised value almost fifty per cent above the purchase …
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Deeds - Construction - Effect Of Words Showing Purpose Of Grant, Michigan Law Review
Michigan Law Review
Plaintiff sought to enjoin defendants from drilling for oil and gas on a strip of land which defendants claimed through a "right of way deed" conveying and warranting the strip to a railroad company "as and for its right of way'' and describing the land as "across and upon" a certain quarter-section. The deed recited as consideration $250 and the benefits accruing to the grantor through the construction and operation of a railroad on the land. Tracks were never laid on the strip, but the railroad company continued to pay taxes thereon. Held, that under Illinois law a fee …
Labor Law - Fair Labor Standards Act - Tips Not Considered Wages In Computing Statutory Minimum, Reed T. Phalan
Labor Law - Fair Labor Standards Act - Tips Not Considered Wages In Computing Statutory Minimum, Reed T. Phalan
Michigan Law Review
After the enactment of the Fair Labor Standards Act, defendant terminal company adopted the so-called "make up" plan towards its redcap station porters. Under the plan, tips received by redcaps could, as formerly, be retained by them; in addition the redcap would report to the defendant the amounts received in tips, and the defendant would make up the deficiency if the tips did not aggregate the minimum legal wage. After the plan had been in operation for a time, plaintiff, agent and representative of the redcaps, brought suit for the difference between the amounts paid by the defendant and the …
Taxation - Federal Income Tax - Exemption Of Life Insurance Proceeds When Paid In The Form Of Annuity, Spencer E. Irons
Taxation - Federal Income Tax - Exemption Of Life Insurance Proceeds When Paid In The Form Of Annuity, Spencer E. Irons
Michigan Law Review
A taxpayer was the beneficiary of life insurance policies which required the insurance company to make fifty annual payments of $2,000 each. At the death of the insured in 1917, the commuted value of this obligation was $53,000. Prior to 1934, the taxpayer had received seventeen payments, aggregating $45,473.40, no part of which had been reported as income. For the year 1934, the taxpayer received $2,581.40, of which $2,000 was the annual payment, and $581.40 was an "excess interest" dividend. He again failed to include any of the amount in his gross income. The commissioner determined that under the Revenue …
Taxation - Federal Income Tax - Intangible Satisfaction From Gift As Income To The Donor, Walter B. Connolly
Taxation - Federal Income Tax - Intangible Satisfaction From Gift As Income To The Donor, Walter B. Connolly
Michigan Law Review
Respondent, the owner of negotiable bonds, detached from them negotiable interest coupons shortly before their due date and delivered them as a gift to his son, who in the same year collected them at maturity. The commissioner of internal revenue ruled that the interest payments were taxable to the respondent donor. The circuit court of appeals reversed the order of the board of tax appeals sustaining the tax. Held, the commissioner was correct in including such interest payments in the taxable income of the donor. Helvering v. Horst, (U.S. 1940) 61 S. Ct. 144.
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Torts - Right Of Privacy - Matters Of General Or Public Interest, Michigan Law Review
Michigan Law Review
Plaintiff had been a famous child prodigy in 1910. For twenty-five years he had lived a secluded life. Then in a recent article in the "New Yorker" magazine his private life was completely exposed. Plaintiff sued, alleging a violation of his common-law right of privacy. Held, that the complaint should be dismissed on the ground that the public has a legitimate interest in "any person who has achieved, or has had thrust upon him, the questionable and indefinite status of a 'public figure.'" Sidis v. F-R Publishing Corp., (C. C. A. 2d, 1940) 113 F. (2d) 806.
Trust Mortgages - Effect Of Foreclosure Of Subsequent Mortgage As Prior Lien Under Subordination Agreement Of Which Bondholders Had No Knowledge, Rex B. Martin
Michigan Law Review
Plaintiff held bonds secured by a trust mortgage. The trustee, Moore, without the consent of all the bondholders, had agreed to subordinate the trust mortgage to a subsequent mortgage. Defendant, the assignee of the subsequent mortgagee, foreclosed its mortgage as a prior lien. Moore was properly served but did not appear, as no bondholder agreed to pay the costs of the litigation. In the present suit to invalidate the subordinating agreement and reinstate the trust mortgage as the prior lien, held, the judgment in the foreclosure action determined the issue of priority and was conclusive against all the bondholders. …
Walsh-Healey Public Contracts Act - Right Of Prospective Bidder To Question Wage Determination Of Secretary Of Labor, David Loeb
Michigan Law Review
Complainants, small steel companies in eastern Pennsylvania, Maryland and Connecticut, brought this action to enjoin the secretary of labor and others from applying the provisions of the Public Contracts Act, as construed, to the iron and steel industry. It was contended that the secretary's wage determination was the result of an erroneous interpretation of the word "locality" as included in the act. The district court dismissed the complaint. Upon appeal the Court of Appeals of the District of Columbia granted the injuction. On certiorari, held, reversed. The complainants have no standing in court to sue. Perkins v. Lukens Steel …