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Full-Text Articles in Law

Is The Business Of Insurance Commerce? A Re-Examination In The Light Of Modern Times, Nathan R. Berke Dec 1943

Is The Business Of Insurance Commerce? A Re-Examination In The Light Of Modern Times, Nathan R. Berke

Michigan Law Review

A question of considerable import which has arisen time and again in recent years, particularly since the enactment of the various federal regulatory acts within the past decade, is whether the business of insurance is commerce. Although not a new question, and by no means unanswered by the courts, it has been a subject of recent reconsideration and in all probability will be reviewed by the United States Supreme Court.


The Scope Of A Civil Action, William Wirt Blume Oct 1943

The Scope Of A Civil Action, William Wirt Blume

Michigan Law Review

In the last fifty years the rules which deal with what Professor Millar happily has called "The Compass of the Cause" have shown "conspicuous advance." This advance is clearly reflected in the Rules of Civil Procedure of the District Courts of the United States, effective in 1938. It is the purpose of this paper, first, to present a complete analysis of the concept: scope of a civil action; second, to show the weaknesses of the codes in dealing with this concept; and, third, to indicate to what extent these, weaknesses have been remedied by the new …


Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris Aug 1943

Administrative Law - Extent To Which Hearsay Evidence May Constitute Basis For Award By Workmen's Compensation Commission, Mary Jane Morris

Michigan Law Review

Claimant suffered a coronary occlusion and as a result was totally disabled, being unable to speak coherently or to understand what was said to him. The State Industrial Board found that the claimant's total disability was the result of accidental injuries which arose out of and in the course of his employment. An award was made. The claimant was incapable of giving testimony and no witness was produced who saw the accident. The referee who heard the claim admitted hearsay testimony to the effect that claimant complained of a heartburn to fellow employees after having lifted and emptied a boiler …


Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review Aug 1943

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review

Michigan Law Review

Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …


Contracts - Statute Of Frauds - Promise To Answer For Debt Of Another, Mary Jane Morris Jun 1943

Contracts - Statute Of Frauds - Promise To Answer For Debt Of Another, Mary Jane Morris

Michigan Law Review

The defendants owned stock in a corporation and controlled its affairs. The corporation purchased paper needed in its production of periodicals from the plaintiffs. The defendants prepared a budget showing that the corporation would incur a deficit over a six-month period in connection with the publication of a newly acquired magazine. They then informed the plaintiffs that they would place the corporation "in funds" to enable it to "finance the anticipated deficit" and requested the plaintiffs to extend credit not to exceed ninety days so as to allow the defendants more time to consider in what manner "to advance" the …