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University of Michigan Law School

1967

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Articles 31 - 60 of 143

Full-Text Articles in Law

Vol. 22, No. 2, September 22, 1967, University Of Michigan Law School Sep 1967

Vol. 22, No. 2, September 22, 1967, University Of Michigan Law School

Res Gestae

•Seventeenth Annual Thomas M. Cooley Lectures Begin Next Week •Journal of Legal Reform •Civil Rights Research Council •Student Files •American Law Student Association Becomes Student Division of ABA •Report from the Board •Weekly Puzzle •Weekender •Sports


Vol. 22, No. 1, September 15, 1967, University Of Michigan Law School Sep 1967

Vol. 22, No. 1, September 15, 1967, University Of Michigan Law School

Res Gestae

•Now We Begin: Welcome freshmen and a mutual purpose •New Faculty •Case Clubs •Announcements •Law Review •Legal Aid •Report from the Board •Weekly Puzzle •Weekender •Sports


Law School Fund 1966: Sixth Annual Report, University Of Michigan Law School Jul 1967

Law School Fund 1966: Sixth Annual Report, University Of Michigan Law School

Miscellaneous Law School History & Publications

Booklet outlining the Law School Fund.


Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review Jun 1967

Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review

Michigan Law Review

Neither the Constitution nor federal legislation defines a patentee's licensing rights; consequently, it has devolved upon the courts to control patent marketing practices. A patentee is entitled to a limited monopoly on his invention, and proper use of this grant is not a violation of any law regulating trade practices. Yet licensing affords an opportunity to enlarge the scope of this monopoly, and courts using various rationales have declared illegal different forms of patent licensing arrangements found to be outside the protective coverage of the patent grant. Until recently, however, the courts have not dealt with the problem of whether …


Antitrust-Limitation Of Actions-Clayton Act Statute Of Limitations Tolled On Treble Damage Suits Against Non-Government Defendant Co-Conspirators-- Michigan V. Morton Salt Co., Michigan Law Review Jun 1967

Antitrust-Limitation Of Actions-Clayton Act Statute Of Limitations Tolled On Treble Damage Suits Against Non-Government Defendant Co-Conspirators-- Michigan V. Morton Salt Co., Michigan Law Review

Michigan Law Review

Plaintiffs, several states and smaller governmental units, filed related antitrust treble damage claims against ten rock salt companies that had allegedly conspired to fix prices. These private actions were instituted subsequent to civil and criminal antitrust proceedings brought by the federal government in which four of the ten companies had been named as defendants and five designated as co-conspirators but not prosecuted. Section 5(b) of the Clayton Act provides that when such actions are brought by the government, "the running of the statute of limitations in respect of every private right of action arising under said laws and based in …


Cataldo, Gillam, Kempin, Jr., Stockton, & Weber: Introduction To Law And The Legal Process, Joseph Lazar Jun 1967

Cataldo, Gillam, Kempin, Jr., Stockton, & Weber: Introduction To Law And The Legal Process, Joseph Lazar

Michigan Law Review

A Review of Introduction to Law and the Legal Process By Bernard F. Cataldo, Cornelius W. Gillam, Frederick G. Kempin, Jr., John M. Stockton, and Charles M. Weber.


Gifts-Lnformal Writing As Substitute For Delivery, Michigan Law Review Jun 1967

Gifts-Lnformal Writing As Substitute For Delivery, Michigan Law Review

Michigan Law Review

Traditionally, three requirements must be satisfied in order to make a valid inter vivos gift of personal property: (1) the donor must demonstrate his intention to make such a gift; (2) there must be a delivery to the donee of the property itself or of an instrument or deed of gift; and (3) the donee must accept this delivery. If the subject matter of the gift is not susceptible of immediate delivery, a question arises as to the means by which the delivery requirement may be satisfied. Although a donor in such a situation commonly delivers an informal writing which …


Investment Advice And The Fraud Rules, Robert N. Leavell Jun 1967

Investment Advice And The Fraud Rules, Robert N. Leavell

Michigan Law Review

Every day thousands of Americans are assaulted by mail, telephone, and personal contact with advice on how to invest their money for capital gains, often with dazzling reminders of the opportunity for great profits. If the advice is good, they may indeed one day have their treasure ship which will send their children to college or provide a round-the-world trip after retirement. If the advice is bad, they will of course learn by experience. But many of them will have to apply their lesson to a second inheritance or twenty years' savings. The quality of investment advice is therefore a …


Labor Law-Prima Facie Tort Doctrine Bars Unreasonable Deprivation Of Union Membership-Hurwitz V. Directors Guild Of America, Inc., Michigan Law Review Jun 1967

Labor Law-Prima Facie Tort Doctrine Bars Unreasonable Deprivation Of Union Membership-Hurwitz V. Directors Guild Of America, Inc., Michigan Law Review

Michigan Law Review

In July 1965 the officers of the Directors Guild of America (DGA) and the Screen Directors International Guild (SDIG) concluded a merger agreement which provided that DGA was to be the surviving union and SDIG members were to become members of DGA automatically upon signing the DGA non-Communist loyalty oath. Although the SDIG membership ratified the merger agreement by a majority vote, six members steadfastly refused to sign the oath and as a result were not admitted to membership in DGA. They thereupon brought a diversity suit in a New York federal district court: and moved for a preliminary injunction …


The Labor Court Idea, R. W. Fleming Jun 1967

The Labor Court Idea, R. W. Fleming

Michigan Law Review

When the War Labor Board first began to exert pressure on companies and unions to adopt grievance arbitration clauses during World War II, there was a considerable hesitance on both sides. Both groups worried that while third party decision making might momentarily improve productive efficiency, it would do so at the price of a long-run loss in institutional integrity and autonomy, and peace at any price held little fascination for either side. Nevertheless, grievance arbitration was accepted and gradually became the normal mechanism for resolving contractual disputes in the United States.


The Effect Of Guardianship On Estate Plans, George T. Stevenson Jun 1967

The Effect Of Guardianship On Estate Plans, George T. Stevenson

Michigan Law Review

One responds to the certainty of death with dread and respect, and one lays plans for the event. Few, however, admit or even think of the possibility that they may become incompetent in their old age; hence, provision is rarely made for this possibility in estate plans. The increased longevity resulting from the recent rapid strides in medicine has as its corollary an increase both in the number of persons who become incompetent before death and the duration of their affliction. This poses a challenge to estate planners and the law of guardianship.

Today the guardianship of the person of …


Labor Law-Arbitration And Award-Judicial Review Of Labor Arbitration Awards Which Rely On The Practices Of The Parties, Michigan Law Review Jun 1967

Labor Law-Arbitration And Award-Judicial Review Of Labor Arbitration Awards Which Rely On The Practices Of The Parties, Michigan Law Review

Michigan Law Review

Modem collective bargaining agreements typically provide for private arbitration as the means of resolving disputes between employees and management over the interpretation and application of the agreement. In the event the arbitrator's decision is challenged in court by the adversely-affected party, the question of how much judicial deference should be given to the private ruling becomes of some importance. The Supreme Court has set out guidelines which purport to define the proper role of courts in such disputes-that role being for the most part one of judicial deference to arbitrator's decisions. Nevertheless, the appropriate scope of judicial review remains unclear. …


Supplement--The Class Of 1951, Michigan Law Review Jun 1967

Supplement--The Class Of 1951, Michigan Law Review

Michigan Law Review

Communications between the faculty of the University of Michigan Law School and alumni have improved rather dramatically in recent years. The appearance of Law Quadrangle Notes in 1957 was followed in 1960-1961 by the organization of the Law School Fund and in 1962 by the first meeting of the Committee of Visitors. As a result of these and other activities, the faculty and the alumni are better acquainted. But, as is so often true, a little information seems only to generate the need for more.

In order to test the utility of comprehensive information about graduates, former Dean A. F. …


Harvey: Law And Social Change In Ghana, Max Rheinstein Jun 1967

Harvey: Law And Social Change In Ghana, Max Rheinstein

Michigan Law Review

A Review of Law and Social Change in Ghana By William Burnett Harvey


Recent Books, Michigan Law Review Jun 1967

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


The Uniform Commercial Code Comes Of Age, Roy L. Steinheimer Jr. May 1967

The Uniform Commercial Code Comes Of Age, Roy L. Steinheimer Jr.

Michigan Law Review

Once upon a time back in the elegant and well-ordered Victorian age, a new organization known as the National Conference of State Boards of Commissioners for Promoting Uniformity of Legislation in the United States undertook the task of drafting a Negotiable Instruments Law (NIL) for adoption by the legislatures of the various states. The law was finally prepared and recommended by the Commissioners for adoption in 1896, and, by December of 1900, fifteen states had adopted it. In that month, Dean Ames, of the Harvard Law School, loosed a blast at this new law in an article in the Harvard …


Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review May 1967

Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review

Michigan Law Review

In 1961, the stockholders of the Mountain States Mixed Feed Co. voted to liquidate the corporation in such a way as to comply with the requirements of section 337 of the Internal Revenue Code of 1954 (Code). That section provides that if a corporation adopts a plan of complete liquidation, and then within twelve months distributes all its assets, it will not recognize a gain or loss for income tax purposes from the sale or exchange of certain types of property. The corporation sold all of its assets and qualified for non-recognition treatment under section 337. It then claimed a …


Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review May 1967

Contempt-Conduct Tending To Defeat The Effect Of Appeal Pending In Federal Circuit Court Held To Be Civil Contempt Even Though Not A Resistance To A Formal Court Order- Griffin V. County School Board, Michigan Law Review

Michigan Law Review

Appellants applied for an injunction in a federal district court in Virginia to prevent the Prince Edward County Board of Supervisors from paying out tuition grants to parents whose children attended private segregated schools. The district court refused to issue the injunction, and the appellants appealed. They asked to have their appeal accelerated, but, since the Court of Appeals for the Fourth Circuit was not then in session, the Chief Judge requested the Clerk of Court to ask the Board of Supervisors to stipulate that no tuition grants would be paid pending the appeal. The Board refused to make the …


Government Contracts-Adoption Of Uniform Commercial Code As The Applicable Federal Law In An Action For Breach Of Government Contract-United States V. Wegematic Corp., Michigan Law Review May 1967

Government Contracts-Adoption Of Uniform Commercial Code As The Applicable Federal Law In An Action For Breach Of Government Contract-United States V. Wegematic Corp., Michigan Law Review

Michigan Law Review

Appellant contracted to supply the Federal Reserve Board with a "truly revolutionary" electronic digital computing system. After twice requesting postponement of the delivery date, appellant informed the Board that delivery under the terms of the contract would be impracticable because of unforeseen engineering difficulties that would require at least one year and one million dollars to overcome. Appellant asked for cancellation of the contract, but the Board refused and brought a suit for damages. Both parties conceded that federal law governed the action; appellant, however, argued that section 2-615 of the Uniform Commercial Code (Code) should be adopted as the …


Secured Transactions-Insurance-A Security Interest In The "Proceeds" Of Secured Collateral Does Not Include Insurance Proceeds-Universal C.I.T. Corp. V. Prudential Investment Corp., Michigan Law Review May 1967

Secured Transactions-Insurance-A Security Interest In The "Proceeds" Of Secured Collateral Does Not Include Insurance Proceeds-Universal C.I.T. Corp. V. Prudential Investment Corp., Michigan Law Review

Michigan Law Review

In return for a loan, a debtor executed a promissory note to codefendant, Prudential Investment Corporation, and entered into a written agreement to secure this note, designating as collateral a semi-tractor and the proceeds therefrom. Under this type of arrangement, Prudential's security interest would attach automatically to any property received from a sale, exchange, or other disposition of the tractor. Petitioner, Universal C.I.T. Corp., held the conditional sales contract which was executed in financing the purchase of the tractor and was named as loss payee in the insurance contract covering the tractor. When the tractor was totally destroyed, petitioner collected …


Frey, Morris, Jr. & Choper: Cases And Materials On Corporations, Stanley Siegel May 1967

Frey, Morris, Jr. & Choper: Cases And Materials On Corporations, Stanley Siegel

Michigan Law Review

A Review of Cases and Materials on Corporations By Alexander H. Frey, C. Robert Morris, Jr., and Jesse H. Choper


Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer May 1967

Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer

Michigan Law Review

A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.


Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal May 1967

Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal

Michigan Law Review

A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay


Vol. 21, No. 13, April 20, 1967, University Of Michigan Law School Apr 1967

Vol. 21, No. 13, April 20, 1967, University Of Michigan Law School

Res Gestae

•Final Edition of Res Gestae for the Semester •Formation of Second Law Journal Announced by Dean Allen •Case Clubs to Institute Mandatory Program in Fall •Dean Allen Speaks at Legal Aid Organizational Meeting Today •Foreign Study-Research Fellowships Meeting Tuesday •Report from the Board •Announcements •Weekender •Sports


Vol. 21, No. 12, April 13, 1967, University Of Michigan Law School Apr 1967

Vol. 21, No. 12, April 13, 1967, University Of Michigan Law School

Res Gestae

•Res Gestae Breathes Its Last Next Thursday Till September •Prof. Ferenc Madl Speaks on Legal Education in Hungary Today •Columbia Drops Intro Requirement: Can this Suggest a Trend? •The Way the Dean Sees It: The Student Movement and Its Implications for the Law School •Hearings on Law School Judiciary Council Held •Report from the Board •Announcements •Weekender •Sports


Vol. 21, No. 11, April 6, 1967, University Of Michigan Law School Apr 1967

Vol. 21, No. 11, April 6, 1967, University Of Michigan Law School

Res Gestae

•Prof. Richard Falk Here Today to Discuss S.W. Africa Cases •Chinese Communist, Yugoslav Law Discussed Today and Tomorrow •Barristers Present Crease Ball Saturday •Report from the Board •Latest from Law School Fund •To the Freshman: Esquire's Look at Lawyers •Constitutionality a Go Go •Announcements •Weekender


Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review Apr 1967

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …


Security Aspects Of The Abc Transaction, John T. Schmidt Apr 1967

Security Aspects Of The Abc Transaction, John T. Schmidt

Michigan Law Review

In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …


The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens Apr 1967

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …


Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin Apr 1967

Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin

Michigan Law Review

A Review of The New Deal and the Monopoly Problem By E. W. Hawley