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Articles 31 - 60 of 139
Full-Text Articles in Law
Attorney And Client--Striking Attorney From Roll Of Federal District Court, Richard J. Archer
Attorney And Client--Striking Attorney From Roll Of Federal District Court, Richard J. Archer
Michigan Law Review
For twelve years gambling had been carried on in a wide open manner in the district; more than three thousand hand books on race horses were operated in cafes, restaurants, and night clubs. Newspapers had published the names of those paying the federal taxes, and a poll of school children indicated that they were familiar with gambling devices in the community. Responsibility for law enforcement rested with the Commonwealth's Attorney, an elective official who had held the position for twenty years; an attempt to remove him from office by quo warranto proceedings, and an attempt to investigate the situation by …
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.
Michigan Law Review
At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Some Income Tax Aspects Of Community Property Law, Paul R. Trigg, Jr.
Michigan Law Review
The recent enactment of community property law in Michigan and other states has created new problems for lawyers. Not the least of these is the question of the income tax consequences which flow from the existence of a community between the spouses. Nor is this the type of problem which can be shrugged off by reference to tax counsel. Local community property law and federal .income tax law are too closely enmeshed to be intelligently divided. No authority is needed for the statement that recently enacted community property laws are a product of high surtaxes. At the same time, these …
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Federal Courts-Forum Non Conveniens-Derivative Suits, Edward S. Tripp S.Ed.
Michigan Law Review
Plaintiff, a resident of New York, and a policyholder in defendant Illinois corporation, brought a suit in the United States District Court in New York to force one of defendant's directors and another corporation to account to defendant for alleged waste of its corporate assets. Defendant moved for dismissal on the grounds that the suit would involve interference with the internal affairs of a foreign corporation, and that. the suit in New York would work great hardship, since the defendant would be required to transport many records and witnesses from Illinois to New York at great expense. The suit was …
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Rutledge: A Declaration Of Legal Faith, Merrill N. Johnson S.Ed.
Michigan Law Review
A Review of A DECLARATION OF LEGAL FAITH. By Wiley Rutledge.
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Reappraisal Of Federal Question Jurisdiction, G. Merle Bergman
Michigan Law Review
For some time I have been reading and listening to criticisms directed toward decisions which the Supreme Court has rendered in cases involving federal question jurisdiction. The general 'tenor of this criticism is that these decisions demonstrate a surprising lack of uniformity and conscious purpose. Writers profess to search in vain for sound logic in the Court's opinions. They point up instead the anomaly which is reflected when cases involving a substantial federal issue are tried in state courts, while those in which no real federal issue is involved are nevertheless accepted for trial in the federal courts. This result, …
The Law School 1947-1948, E. Blythe Stason
The Law School 1947-1948, E. Blythe Stason
Michigan Law Review
The academic year 1947-1948 opened with the largest student enrollment in the history of the University of Michigan Law School, overflowing the Law Quadrangle and making the year notable for large classes and keen competition. The 417 beginning students, 329 second-year students, 345 seniors, 10 candidates for advanced degrees in law, and 6 special students, all add up to a grand total of 1107 prospective lawyers. This figure compares with an enrollment of 956 at a corresponding time in the fall semester a year ago, and 641 in the pre-war year 1940-1941.
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Constitutional Law-Taxation-Gross Receipts Taxes In Relation To Interstate Commerce-Freeman V. Hewit, Irving Slifkin S.Ed.
Michigan Law Review
The scope of state taxation of interstate commerce has been redefined in two recent Supreme Court cases involving the application of state gross receipts taxes. In Freeman v. Hewit and Joseph v. Carter and Weekes Stevedoring Co., the Court discarded the cumulative burdens test, which for the past eight years had served as the basis for determining the extent of state taxation of interstate commerce, and readopted the direct and indirect burden test.
Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed.
Contracts-Proposals For Legislation Abrogating The Requirement Of Consideration In Whole Or In Part, Charles B. Blackmar S.Ed.
Michigan Law Review
Consideration is the test evolved by our law for separating enforceable informal promises from those that are unenforceable. The doctrine of consideration has frequently been criticized, but it is so firmly established that most of the recent proposals for change have been addressed to the legislatures. The purpose of this discussion is to consider proposed legislation both as to its possible operation and as to the future effect of the proposals on the basic doctrine of consideration.
Corporations-Shareholders' Voting Agreements-Drafting Precautions, Leroy H. Redfern S.Ed.
Corporations-Shareholders' Voting Agreements-Drafting Precautions, Leroy H. Redfern S.Ed.
Michigan Law Review
The object of this comment is to consider some of the problems in drafting a pooling agreement so that the courts will carry into effect the vote as provided for in the agreement even though there is an attempted revocation or breach.
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Abatement And Revival-Federal Courts-Abatement Of Action By Federal Official Unless Successor Substituted As Party Plaintiff Within Six Months, John M. Veale S.Ed.
Michigan Law Review
The administrator of the Office of Price Administration began an action on behalf of the United States against the defendant to enforce certain penalties for the violation of the Emergency Price Control Act. While the action was pending the administrator was succeeded in office. Counsel for the government, however, failed to move to substitute his successor as a party plaintiff until more than six months thereafter. The defendant then moved to dismiss the action on the grounds that unless such substitution was made within the six months specified by section 780 of the Judicial Code and Rule 25(d), Federal Rules …
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Bills And Notes-Reacquisition And Reissue By A Prior Party-Liability Of Intermediate Indorser To Subsequent Holder In Due Course, James R. Bliss S.Ed.
Michigan Law Review
The payee of a negotiable note indorsed to X, who later indorsed back to the payee, who before maturity indorsed to a holder in due course. All indorsements were special. On default, the holder brought suit to enforce the secondary liability of the payee and X, the intermediate indorser. Both defendants appealed from a judgment for the holder. Held, reversed as to X. The reacquisition of a note by a payee terminates the contractual liability of an intermediate indorser as to a holder subsequent to the payee. Denniston's Admr. v. Jackson, 304 Ky. 261, 200 …
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Principal And Agent-Compensation Of Unfaithful Agent, Edwin M. Deal S.Ed.
Michigan Law Review
Plaintiff, manager of defendant's mechanical division under a contract requiring him to devote all his efforts to this employment and providing that he would share the profits and losses of the division equally with defendant as his only compensation, sued to recover a balance of $42,991.90 in his favor after his discharge by defendant. The contract provided that on "any termination" of plaintiff's employment his account should be adjusted and any credit balance paid him, but defendant contended that plaintiff had forfeited his right to compensation by secretly engaging in a partnership in competition with defendant. The trial court found …
Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed.
Trusts--Constructive Trust--Tracing Funds Into The Hands Of An Innocent Payee-Antecedent Debt As Value, James R. Bliss S.Ed.
Michigan Law Review
Plaintiffs advanced $3,200 to X intending to make a loan to Y secured by Y's note and mortgage. X delivered to plaintiffs a note and mortgage to which he had forged Y's name, and deposited $3175 of the money in his personal bank account, which theretofore had shown a balance of $7.09. Two days later, and before any other deposits were made, X withdrew $1000 from his account by check, with which he purchased a draft payable to defendant. This he delivered to defendant in satisfaction of a debt he owed defendant. Eighteen months later X died, plaintiffs …
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Quasi Contracts-Recovery Of Value Of Support And Care Rendered To Parent, Frank H. Roberts S.Ed.
Michigan Law Review
In 1901, pursuant to an agreement for care and support, A conveyed land to his wife. After his wife's death in 1924, A supported himself for twelve years until he suffered a paralytic stroke, after which his son Adolph supported him and furnished constant care. The other children, including Charles, refused to aid Adolph financially or otherwise. After A's death, Charles petitioned in equity for a decree declaring the lien of his father on the land terminated by death. Adolph opposed, claiming a lien on the land for the value of support and care rendered to A. The …
Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.
Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.
Michigan Law Review
A Review of A CONCISE HISTORY OF THE LAW OF NATIONS. By Arthur Nussbaum.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Labor Law-Fair Labor Standards Act-Determination Of "Regular Rate" For Computation Of Overtime Pay, John A. Huston S.Ed.
Michigan Law Review
Previous to the enactment of the Fair Labor Standards Act, respondent had paid its employees monthly salaries for work schedules which fluctuated from week to week according to the demands of business. After the effective date of the act, respondent sought to comply with section 7 (a), requiring the payment of one. and one half times the "regular rate" of compensation for hours worked above the statutory maximum, by adopting new employment contracts which guaranteed weekly salaries equivalent to the former compensation and fixed an hourly rate which, multiplied by the maximum hours permitted by the act and by one …
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Constitutional Law-Due Process Clause-Right Of An Accused To Have Counsel Appointed By The Court, Frank H. Roberts
Michigan Law Review
On May 16, 1932, petitioner, then seventeen years of age, was arraigned, tried, convicted of murder in the first degree and sentenced to life imprisonment. Petitioner was without legal assistance throughout these proceedings, was never advised of his rights to counsel, was never informed of the consequences of a guilty plea and, as disclosed by the record, was considerably confused as to the effect of such plea. In 1945, he moved for leave to file a delayed motion for new trial in the court in which he was convicted, on the ground that there had been serious impairment of his …
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.
Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii
Gifts--Banking--Gift Of Joint Savings Bank Deposits, Ira M. Price, Ii
Michigan Law Review
A, the mother of B, transferred three savings bank deposits from her sole account to the account of "A or B-either or survivor." Two of the depositors' signature cards contained this language: ''We hereby certify that this account and all moneys to be credited to it belong to us as joint tenants, and will be the absolute property of the survivor of us." There was evidence that one of the reasons for A's transferring her deposits to the joint account was to enable B to draw money therefrom for A while A was in the …
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Res Judicata---State Court's Dismissal As A Bar To A New Suit On The Same Cause In A Federal Court Exercising Diversity Jurisdiction, Richard J. Archer
Michigan Law Review
A citizen of Virginia brought suit in a North Carolina court against a citizen of North Carolina for a deficiency judgment on a note executed in Virginia ·for the purchase of land in Virginia. Defendant's demurrer to the complaint on the ground that a North Carolina statute precluded recovery was - overruled; defendant appealed. In spite of plaintiff's contention that the statute was an invalid abridgment of the full faith and credit clause of Article IV of the Constitution of the United States, the North Carolina Supreme Court held that the statute effectively barred the action from the state courts …
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Torts-Duty To Control Conduct Of Another-Duty Of Infant Passenger Owner To Control Infant Driver, John F. O'Connor S.Ed.
Michigan Law Review
Plaintiff's decedent, an infant twenty years of age, owned an automobile which was being driven by a lad of seventeen at the request of decedent who, with a girl companion, occupied the rear seat of the automobile. The infant driver did not have a driver's license. Plaintiff, as administratrix of the estate of the decedent brought an action under the Death Act for damages arising from the death of the decedent which occurred as a result of a collision between the automobile and defendant's locomotive. There was evidence bearing upon the defendant's negligence and negligence on the part of the …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
This department undertakes to note or review briefly current books on law and matters closely related thereto.
Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii
Torts-Right Of Privacy-Invasion Of Privacy Through Fictional Works, Ira M. Price, Ii
Michigan Law Review
The New York Civil Rights Law prohibits the use of a person's name, portrait, or picture without his consent in writing, for advertising or trade purposes, under penalty of civil and criminal liability. Plaintiff, senior civil affairs officer of the American Military Government in the town of Licata, Sicily, during its occupation by Allied Armies of World War II, brought suit under the statute against the author of the book "A Bell for Adana," and others, alleging that he occupied the position of the book's and play's principal character, "Major Victor Jappolo" in the fictitiously named town of Adano; and …
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Bills And Notes-Indorsement In Blank Followed By Special Indorsement, J. R. Swenson
Michigan Law Review
Plaintiff purchased a cashier's check from X Bank payable to himself. He indorsed the check in blank and immediately below stamped it, "Pay to the order of Bank of America, National Savings and Trust Association, S. & R. Produce Co." Plaintiff then gave the check to one R with whom he had agreed to enter into business under the name of the S. & R. Produce Company. R took the check to Y Bank which at his request blocked out the special indorsement without the knowledge or consent of plaintiff. R then indorsed the check and deposited it to his …
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Recent Developments In Restitution: 1940-1947, Edward S. Thurston
Michigan Law Review
For some lawyers, perhaps, the term "Restitution," as a title in the classification of our law, sprang Athena-like from the head of the American Law Institute, when, in 1937, it published The Restatement of the Law of Restitution. Yet the subject matter included under this title is far from new; it is simply a grouping together of the common law Quasi Contract--the "contract implied in law" of an earlier day--and the corresponding right to equitable relief to prevent an unjust enrichment. Although the name may be unfamiliar its importance is indicated by the following statement by Lord Wright.
A New Phase Of The Antitrust Law, Robert W. Harbeson
A New Phase Of The Antitrust Law, Robert W. Harbeson
Michigan Law Review
The divergence between the economic and legal concepts of monopoly and the consequences thereof have been emphasized by various writers in recent years. Monopoly in economics means control of the market; that is, the ability of a seller by increasing or decreasing his output to affect the price of the product sold. Moreover, monopoly is recognized as being a matter of degree, depending upon the number of buyers and sellers of a commodity and the availability of adequate substitutes, ranging from pure monopoly through duopoly, oligopoly and monopolistic competition. By contrast, as Professor Mason has pointed out, "The term monopoly …
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Constitutional Law-A Federal Commercial Code-Some Possibilities Under The Constitution, Merrill N. Johnson
Michigan Law Review
It is the purpose of this comment to examine various possibilities of federal action which would help to bring about unification, simplification and clarification in the field of commercial law. The term "commercial law" has no commonly accepted connotation; it is taken here to ·include the law of transfers of personal property by commercial methods, of negotiable instruments, of chattel securities, of agency and of business associations; in short, all those fields of law which a Continental lawyer would term "private commercial law."
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Evidence-Uncontradicted Testimony, Robert L. Cardon S.Ed.
Michigan Law Review
The great majority of jurisdictions in the United States recognize the rule that in civil cases "clear, positive, direct and undisputed testimony, not improbable or contradictory, given by an unimpeached witness, cannot be rejected or disregarded by either court or jury, unless the evidence discloses facts and circumstances which furnish a reasonable ground for so doing." It is the purpose of this comment to discuss (1) the reasons underlying this rule, and the extent to which it is recognized, rejected or limited in various jurisdictions; (2) the application of the rule to fact situations in jurisdictions where it is recognized.
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Criminal Law-Incompetence Of Defense Counsel As Ground For New Trial, Irving Slifkin
Michigan Law Review
To represent the defendant, accused of robbery, the court at public expense, appointed an attorney, designated the "public defender." After conviction, the defendant, by another attorney, petitioned for a writ of error coram nobis on the ground that his attorney had made only a perfunctory defense because of his incompetence and negligence. The petition having been denied in the circuit court, the defendant appealed to the Indiana Supreme Court. Held, affirmed. When the record shows no incompetence or negligence on the part of the defense counsel prejudicial to the accused, a writ of error coram nobis will not be …