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Articles 91 - 120 of 141
Full-Text Articles in Law
Macdonald: Fraud On The Widow's Share, Max Rheinstein
Macdonald: Fraud On The Widow's Share, Max Rheinstein
Michigan Law Review
A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald
Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff
Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff
Michigan Law Review
Although this article is mainly oriented toward the legal materials of one jurisdiction, the presence of a fairly common background of uniform acts makes it relevant to other jurisdictions, except where there are contrary interpretations of a particular statutory provision. Therefore, parallel citations to the various uniform acts have been provided with the hope that this article will be of assistance to other groups attempting to evaluate article seven of the Uniform Commercial Code.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Escheat - Abandoned Property - Full Faith And Credit As A Bar To Multiple Escheat Of Intangibles, Clarold L. Britton S.Ed.
Michigan Law Review
Escheat of abandoned or unclaimed property by the sovereign is as old as the common law. Recast in constitutional form, this ancient right of kings has become a significant source of revenue in an increasing number of American states. While the right of escheat is inherent in the power of a sovereign, its exercise requires specific legislative authority. Until recently this authority was sparingly given and escheat was generally limited to the administration of estates and abandoned tangible property. However, in this past decade, state legislatures have greatly expanded the scope and extent of escheat by authorizing the escheat of …
Vol. 10, No. 14, February 24, 1961, University Of Michigan Law School
Vol. 10, No. 14, February 24, 1961, University Of Michigan Law School
Res Gestae
•Our Man in Hutchins •Cook Lectures in Two Weeks •Placement Meeting •Legal Profiles •Fraternity News •Circuit Court This Week •Over the Weekend
Vol. 10, No. 13, February 17, 1961, University Of Michigan Law School
Vol. 10, No. 13, February 17, 1961, University Of Michigan Law School
Res Gestae
•Our Man in Hutchins •Attention '62 Graduates •End of an Era •Meet Dr. Peter Boehm •Circuit Court •Cook's Inn Toastmasters •Legal Profiles •Over the Weekend
Vol. 10, No. 12, February 10, 1961, University Of Michigan Law School
Vol. 10, No. 12, February 10, 1961, University Of Michigan Law School
Res Gestae
•Our Man Hutchins •Legal Advocacy Meeting •Professor Yntema •Odd Lot Investment Club •Fraternity News •Over the Weekend
The Rule Of Law In Historical Perspective, W. Burnett Harvey
The Rule Of Law In Historical Perspective, W. Burnett Harvey
Michigan Law Review
Events of the past two decades have made imperative a fundamental re-examination of the basis of government and the legal order. The gross inhumanities of the German and Japanese regimes during the Second World War are fresh in our memories. In many areas of the world today, the force of law is being used for the systematic suppression of claims to freedom and human dignity. The revolutionary ferment of the post-war years has brought into existence new governments with the task of determining their fundamental orientation and the direction of their legal orders.
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
Michigan Law Review
For a long time, people have been talking about the executive department of government and the Rule of Law. Indeed, the suggestion of Aristotle that government should be by law, and not by men, represented a protest directed to the earlier Grecian systems of despotically controlled administrative law. It is my privilege this afternoon to carry forward the discussion of a problem that has been talked about for some two thousand years: how to apply the Rule of Law to the executive agencies of the government. They are commonly called "independent agencies" within the executive branch. I suggest that the …
The Supreme Court And The Rule Of Law, Paul G. Kauper
The Supreme Court And The Rule Of Law, Paul G. Kauper
Michigan Law Review
I should like to approach this afternoon's subject along two lines. On the one hand, I propose to develop the subject in terms of the Supreme Court's contribution to our understanding of the Rule of Law, and, on the other hand, I propose to look at the Supreme Court as a governmental institution subject to the Rule of Law. In short, I propose to discuss the Supreme Court both as an instrumentality for the development of the American concept of the Rule of Law and as an institution governed by the Rule of Law. Needless to say, these two approaches …
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
Michigan Law Review
In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.
Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff
Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff
Michigan Law Review
Whether judicial remedy of the situation will be adequate or whether legislative change is necessary to remedy the situation presents another problem; but the need for remedy seems clear. The purpose of this comment is to discuss these pitfalls and to indicate present judicial trends regarding these problems. Proposed remedies, both legislative and judicial, will be listed and evaluated where possible.
The Challenge Of The Rule Of Law, W. Burnett Harvey
The Challenge Of The Rule Of Law, W. Burnett Harvey
Michigan Law Review
The lecture last week considered the Rule of Law concept in historical perspective. Aside from its possible, highly restricted connotation of public order maintained by the force of politically organized society, three basic meanings or emphases were identified in discussions of the Rule of Law: first, certain constitutional principles, particularly those ascribed by Dicey to 19th-century Britain; second, certain valuable procedural safeguards of a fair trial; and third, those asserted universal and perhaps immutable principles, derived from God or Nature by the rational faculties of man, available to guide and, in some views, to invalidate positive legal action. Without denying …
Constitutional Law - Judicial Determination Of Constitutional Questions - The Necessity Of Explicit Authorization Of Administrative Officers To Take Actions Which Limit First Amendment Freedoms, Walter R. Allan
Michigan Law Review
Appellant applied for renewal of his radio operator's license but refused to complete an FCC form relating to past and present affiliations with the Communist Party and other organizations which advocate the violent overthrow of the United States Government. At that time, and later in a hearing granted by the FCC, appellant relied upon the first amendment to justify his refusal. Subsequently the FCC denied his application. On appeal to the Court of Appeals for the District of Columbia, held, affirmed, one judge dissenting. Pursuant to its power to grant licenses in the public interest,1 the FCC may impose …
Corporations - Directors - Validity Of By-Law Permitting Removal Of Directors Without Cause, Timothy F. Scanlon
Corporations - Directors - Validity Of By-Law Permitting Removal Of Directors Without Cause, Timothy F. Scanlon
Michigan Law Review
A by-law of defendant, a Delaware corporation, permitted removal of a director with or without cause by a majority vote of the stockholders. The certificate of incorporation provided for a staggered board system which divided the board of directors into three groups, the term of one group expiring at each annual meeting. At a special stockholders' meeting three directors were removed without cause. Plaintiff, majority stockholder of the corporation, instituted an action to determine the validity of the removal. Held, the three directors were improperly removed since the by-law which allowed removal without cause was inconsistent with the certificate …
Trusts - Charitable Trusts - Ascertainment Of Dominant Intent In Application Of Cy Pres, Stuart S. Gunckel
Trusts - Charitable Trusts - Ascertainment Of Dominant Intent In Application Of Cy Pres, Stuart S. Gunckel
Michigan Law Review
Testator made a residuary bequest to the city of Detroit "for a playfield for white children." The city agreed to accept this bequest if the racial restriction were removed under the doctrine of cy pres. In an action by the heirs to recover the bequest, the circuit court refused the application of the doctrine of cy pres although the city could not accept the gift unless it was permitted to establish a playfield for children of all races. On appeal, held, affirmed, by an evenly-divided court. Cy pres wiII not be applied in the absence of phrases in the …
Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde
Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde
Michigan Law Review
A Review of American Enterprises in the European Common Market: A Legal Profile, Volume 1. Edited by Eric Stein and Thomas L. Nicholson.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Post-War Thinking About The Rule Of Law, Charles W. Joiner
Post-War Thinking About The Rule Of Law, Charles W. Joiner
Michigan Law Review
The seven papers that follow are the words and thoughts of the Michigan Law School faculty members who delivered the lectures in this series. Each paper was written for oral presentation and was spoken to an audience. The reaction of those attending the lectures was so favorable that arrangements were made for their publication. In the audience at the time these papers were given were lawyers from many parts of the United States and many foreign countries.
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
The Rule Of Law And The Judicial Process, Luke K. Cooperrider
Michigan Law Review
An anecdote which I believe I recall from one of Professor Brogan's ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. "I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, 'You shall be hanged!' whereas it is within the functions of my office to say, 'You shall be damned!' " To this, after a moment of thought, …
The International Rule Of Law, William W. Bishop
The International Rule Of Law, William W. Bishop
Michigan Law Review
In contrast with the previous lectures in this series on the Rule of Law, we are today not concerned with how the Rule of Law operates in a highly organized modem state like our own United States; but are turning instead to the world-wide community (or perhaps more properly international arena or international sphere of action, since the very word "community" may over-emphasize the degree of common sentiment!), in which the present role of the law is far less than within the state. Our first question is whether there is in fact any such thing as an international Rule of …
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Labor Law-Federal Pre-Emption-State Power To Exclude Ex-Felons From Union Office, Charles E. Voltz
Michigan Law Review
A New York statute, implementing a congressionally-approved interstate compact, prohibits a waterfront union from collecting dues if any officer of the union has been convicted of a felony, unless he has been subsequently pardoned or given a certificate of good conduct by the parole board. In response to a threat of prosecution by the defendant district attorney, plaintiff's international union suspended him from his local union office on a showing that he had been convicted of grand larceny in 1920. Plaintiff sought in a declaratory suit to have the statute declared unconstitutional and to have its operation enjoined. The New …
Taxation - Income Tax -Gross Income From Mining As The Basis For Computing Percentage Depletion Allowances, John Niehuss
Taxation - Income Tax -Gross Income From Mining As The Basis For Computing Percentage Depletion Allowances, John Niehuss
Michigan Law Review
Respondent, a miner of raw fire clay and a manufacturer of such clay into vitrified products, claimed a percentage depletion deduction based upon the gross income from the sale of its finished goods, contending that because its crude minerals could not be sold profitably in a local market, these final products were the first to meet the statutory standard of "commercially marketable mineral product." The district court and the Court of Appeals for the Seventh Circuit accepted respondent's contention. On certiorari to the United States Supreme Court, held, reversed, one Justice concurring. The fact that a taxpayer himself cannot …
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Michigan Law Review
A Review of Constitutional Politics. By Glendon A. Schubert., The Supreme Court. By John R. Schmidhauser., and The American Supreme Court. By Robert G. McCloskey.
Kimball: Insurance And Public Policy, Albert A. Ehrenzweig
Kimball: Insurance And Public Policy, Albert A. Ehrenzweig
Michigan Law Review
A Review of Insurance and Public Policy. By Spencer L. Kimball.
Labor Law- Recognition And Organizational Picketing - Unfair Labor Practice Charge Is A Prerequisite To Initiation Of The Expeditied Election Procedure Of Section 8 (B)(7)(C) Of The Nlra, Steven P. Davis
Michigan Law Review
Plaintiff union commenced picketing a previously-unorganized company for the purpose of gaining recognition as the bargaining agent of the employees. The next day the union filed a petition with the NLRB seeking an election. Five days later the individual plaintiffs, Reed and Whitney, filed an unfair labor practice charge under section 8 (b) (7) of the National Labor Relations Act for the express purpose of invoking the expedited election procedure provided by the statute. This charge was prepared by and filed with the sanction of the picketing union. The NLRB refused to grant the expedited election. In an action for …
Vol. 10, No. 11, January 6, 1961, University Of Michigan Law School
Vol. 10, No. 11, January 6, 1961, University Of Michigan Law School
Res Gestae
•Our Man in Hutchins •Law Wives •Bad Press •Labor News •New Chairman •Fraternity News and Sports •Over the Weekend
Program From The Thirteenth Thomas M. Cooley Lectures, University Of Michigan Law School
Program From The Thirteenth Thomas M. Cooley Lectures, University Of Michigan Law School
Cooley Lecture Materials
The program from the thirteenth Thomas M. Cooley lectures, held October 18-25, 1961, at the University of Michigan Law School. The lecture series was "Towards Administrative Justice" by H. W. R. Wade.
Program From The Tenth William W. Cook Lectures, University Of Michigan Law School
Program From The Tenth William W. Cook Lectures, University Of Michigan Law School
Cook Lecture Materials
The program from the tenth William W. Cook lectures, held March 6-10, 1961, at the University of Michigan. The lecture series was "The Metropolitan Problem & American Governmental Ideas" by Luther Gulick.
Review Of The Soviet System Of Government, Settling Disputes In Soviet Society, Government, Law And Courts In The Soviet Union And Eastern Europe, And The Law Of Inheritance In Eastern Europe And In The People's Republic Of China, Whitmore Gray
Reviews
Each of these four books makes a significant contribution to the rapidly growing body of literature on the communist legal systems. Together they provide an introduction to Soviet law and legal history and a basis for its comparison with the law of other countries within the communist bloc. Before examining the books individually a brief description of their contents may be in order.