Law Commons^™

Constitutional Law - Due Process - Summary Dismissal Of A State Employee Who Invokes Fifth Amendment Before A Congressional Committee, John L. Peschel

Michigan Law Review

While employed as a social worker by the County of Los Angeles, Globe was subpoenaed to appear before a subcommittee of the House Un-American Activities Committee. California law imposed a duty on public employees to appear before certain tribunals and answer questions within specified categories, including an inquiry by a committee of the United States Congress as to past or present membership in the Communist Party. Failure to comply with the statute constituted insubordination, which would result in dismissal "in the manner provided by law." Because Globe had not yet acquired tenure, he was not entitled under civil service rules …

Federal Civil Procedure - Judgments - Use Of Federal Rule 60(B)(6) To Adjust Forfeitures Downward, Cecil R. Mellin

Michigan Law Review

Defendant gained eight thousand dollars through thirty false cotton loan notes submitted to and paid by a government agency. The United States instituted a civil action under the False Claims Act, which provides that persons committing the prohibited acts shall pay to the United States a two-thousand-dollar forfeiture for each violation plus double the amount of damages sustained by the United States in the transactions. Judgment totalling sixty thousand dollars, or two thousand dollars on each of thirty false notes, was awarded the United States. On defendant's motion to vacate the judgment under federal rule 60 (b) (6) on the …

Labor Law - Arbitration - Necessity Of According Individual Employees Right To Independent Representation In Arbitration Proceeding, Alan E. Price

Michigan Law Review

Plaintiffs, employees of defendant corporation, were demoted from supervisory positions back into the bargaining unit. The collective bargaining agreement defined seniority as "an employee's length of service with the company in years, months and days." The employer credited plaintiffs with continuous seniority from the time they had originally begun work with the company in non-supervisory positions. Defendant union contended that time spent in supervisory positions should be excluded from seniority. The dispute was submitted to arbitration without plaintiffs being given notice of the proceedings or opportunity to participate. The arbitration award adopted the position urged by the union. Plaintiffs brought …

Taxation- Federal Income Tax - Deductible Contributions To Nonqualified Profit-Sharing Plans, Robert M. Steed

Michigan Law Review

In 1942 plaintiff employer adopted a profit-sharing plan under which a percentage of each year's profits was to be deposited in irrevocable trusts for distribution to its employees in succeeding years. The plan was not "qualified" under the Internal Revenue Code. Although under the terms of the trusts each employee's rights in the fund vested at the time the contribution was made by the employer, these rights would be forfeited by voluntary resignation prior to a fixed date. In 1945 plaintiff deducted the amount contributed to the trust in that year as a contribution to a non-qualified profit-sharing plan under …

Shartel & Plant: The Law Of Medical Practice, C. W. Muehlberger

Michigan Law Review

A Review of THE LAW OF MEDICAL PRACTICE. By Burke Shartel and Marcus L. Plant.

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 9, No. 12, February 25, 1960, University Of Michigan Law School

Res Gestae

•Case Club •The Institution on Property Problems - 1960 •Placement •Scholarship Competition for Trial Technique •Executive Council News •Gift to the Law School •Guest Speaker •"Law Day" •University Calendar •Fraternity News •Flick Schedule

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …

Meiklejohn: Political Freedom, Paul G. Kauper

Michigan Law Review

A Review of Political Freedom. By Alexander Meiklejohn

Business Purpose And The Subchapter S Inspired Reorganization, Eugene C. Roemele

Michigan Law Review

The potentially advantageous treatment under subchapter S permitting certain corporations to elect to pass through corporate income and losses to the shareholder, and to avoid the corporate tax, is the result of two different pressures. Tax collector and taxpayer have long been at odds over the purported double taxation of corporate earnings. The limited disregard of the corporate entity as a taxpaying entity then becomes another phase in the cycle begun in 1936, when dividends were subjected to full taxation at the shareholder level. The more recent concern for small business and the small business man has resulted in the …

Banks And Banking- Housing And Home Finance - Scope Of Insurance Coverage Of Banks Under National Housing Act, Robert L. Mclaughlin

Michigan Law Review

Borrower executed a promissory note to dealer payee, who assigned it to defendant bank. After default by borrower, plaintiff United States paid to defendant the unpaid balance in accordance with the terms of their insurance contract under Title I of the National Housing Act. The note was then transferred to plaintiff for collection. In an action by the United States against the borrower for the amount due, it was held that the note could not be enforced because of fraudulent misrepresentation by the dealer in acquiring the note, of which the insured bank and transferee government had constructive knowledge. Plaintiff …

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …

Taxation - Federal Estate Tax - Effect Of Presidential Freezing Orders On The Creation Of Excludable Bank Deposits For Nonresident Aliens, William Y. Webb

Michigan Law Review

Decedent, a citizen and resident of France, was the sole income beneficiary of a trust fund held in New York by the plaintiff as trustee. An executive order, issued pursuant to the Trading with the Enemy Act, prohibited remittance of trust income to the decedent from 1940 to the time of her death in 1946. As this income accrued, the plaintiff's trust department transferred it to the plaintiff's general banking department in its own name as trustee and subject to its order out of current banking funds. In an action by the executor of the decedent-beneficiary's estate to recover an …

Cooper: Living The Law, John P. Dawson

Michigan Law Review

A Review of LIVING THE LAW. By Frank E. Cooper

Bid Depositories, George H. Schueller

Michigan Law Review

The decision by the United States District Court for the Southern District of California in the civil antitrust case of United States v. Bakersfield Associated Plumbing Contractors, Inc. brought in its wake considerable renewed interest, discussion, and activities concerning "bid depositories." This is apparent from the trade press and from inquiries reaching the Antitrust Division, including a number of requests for clearance of bid depository plans through so-called "railroad release" procedures. Even more recently, institution of the civil and criminal antitrust cases of United States v. Arizona Masonry and Plastering Contractors' Association provided further stimulation. The term "renewed" interest and …

Mr. Justice Cardozo, William O. Douglas

Michigan Law Review

I never knew Cardozo intimately. I read most of his opinions and all of his books; and I heard him lecture. My personal association with him, however, was limited. When he came to Washington, D. C., he lived in rather lonely isolation. I visited with him occasionally in his apartment where we talked about trivial, as well as philosophical, things. He was a gentle-almost self-effacing-man. Yet he had a mind with as keen a cutting edge as any I ever knew.

Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.

Michigan Law Review

The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.

Trusts - Interchangeability Of The Inter Vivos Trust And The Will - Various Tests Of Trust Validity, Stephen B. Flood S.Ed.

Michigan Law Review

This comment will be devoted to an examination of various tests of trust validity in this setting and their relative utility as tools for analysis.

Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp

Michigan Law Review

Plaintiff leased vacant land and erected a building thereon. At the election of the lessor the lease could be terminated upon thirty days' notice, plaintiff having the right to remove the building. Defendant issued to plaintiff a policy insuring the building against loss by fire to the extent of the cash value of the property at the time of loss, but not exceeding the repair or replacement cost, "nor in any event for more than the interest of the insured." The building was destroyed by fire and plaintiff sued to recover the full amount of the insurance. The trial court …

Labor Law - Labor-Management Relations Act - Constitutionality Of The Emergency Strike Provisions, James N. Adler

Michigan Law Review

In an effort to settle a nationwide steel strike the President invoked the "national emergency" provisions of the Taft-Hartley Act. Having made the requisite finding that the strike would "imperil the national health or safety," he appointed a board of inquiry to investigate the dispute. Upon receipt of the board's report the President directed the Attorney General to seek an injunction against the strike. Basing its determination largely upon the strike's hindrance of the national defense program, the district court found the strike would "imperil the national health or safety" and granted the injunction The court of appeals, affirming, rejected …

Torts - Wrongful Death - Expected Inheritance As An Element Of Damages, James Cripe

Michigan Law Review

Plaintiff, the widow of a railroad employee who was killed as the result of the defendant's negligence, instituted this action under the Federal Employers' Liability Act to recover damages for his death. The lower court in awarding a judgment refused to include the plaintiff's expectancy of inheritance in the measure of damages. On appeal, held, reversed. The expectance of an inheritance from the deceased is a pecuniary benefit which the beneficiary of the action might reasonably have received if the deceased had not died of his injuries. Martin v. Atlantic Coast Line Railroad Company, (5th Cir. 1959) 268 …

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …

Civil Procedure - Interstate Interpleader Compact, Louis Frey

Michigan Law Review

Five states have passed the Interstate Interpleader Compact, but Senate bills aimed at obtaining the necessary congressional consent have not been reported out of committee. The compact, designed to eliminate the problem of obtaining jurisdiction over an out-of-state claimant in a state interpleader action, would remedy situations in which the stakeholder may be subject to multiple vexation or possible double liability. The most important section of the compact provides: "Service of process sufficient to acquire personal jurisdiction may be made within a state party to this compact, by a person who institutes an interpleader proceeding or interpleader part of a …

Leach & Sugg, Jr.: The Administration Of Interstate Compacts, Joseph E. Kallenbach

Michigan Law Review

A Review of The Administration of Interstate Compacts. By Richard H. Leach and Redding S. Sugg, Jr.

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Constitutional Law - Separation Of Church And State - Bible Reading In The Public Schools, Henry B. Pearsall

Michigan Law Review

Plaintiffs, as parents of children in the public school system, sought to enjoin and have declared unconstitutional the practice of reading aloud to students each day ten verses of the Holy Bible as required by a Pennsylvania statute. The plaintiffs contended that this practice constituted an establishment of religion and a prohibition of the free exercise thereof and was therefore a violation of rights guaranteed by the First Amendment to the United States Constitution. By a three-judge district court, held, for plaintiffs. The statute violated the United States Constitution because the Bible is essentially a religious book and the …

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

The second volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1947. This new edition completes the plan to revise the first two volumes, as arranged with the approval of the author before his death on September 7, 1955. Pursuant to this plan, the present edition has been made possible through the continued support of the work by the University of Michigan Law School and the generous cooperation of the Max Planck-Institut für aüslindisches und internationales Privatrecht in Hamburg, in making available the competent services of a member of the staff of the Institut, …

American Enterprise In The European Common Market: A Legal Profile. Volume 2., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

American Enterprise In The European Common Market: A Legal Profile. Volume 1., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of …

The Evolution Of British Planning Legislation, Beverley J. Pooley

Michigan Legal Studies Series

A part of the Legal Problems of Metropolitan Area Studies series by the Legislative Research Center of the University of Michigan Law School. Excerpt from the foreword by William J. Pierce, Director, Feb 2 1960:

This study, by Beverley J. Pooley, is the first in a series of monographs which will be published by the Center. It deals with the problems which have confronted British legislators and with the resultant Parlimentary enactments-- particularly in the post World War II era. This topic is necessarily broad, and therefore this monograph contains little detailed legal analysis of the various acts. Rather, the …