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Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde Feb 1961

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.


Kimball: Insurance And Public Policy, Albert A. Ehrenzweig Feb 1961

Kimball: Insurance And Public Policy, Albert A. Ehrenzweig

Michigan Law Review

A Review of Insurance and Public Policy. By Spencer L. Kimball.


Recent Books, Michigan Law Review Feb 1961

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler Jan 1961

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."


Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White Jan 1961

Labor Law - Arbitration - Restriction Of Judicial Intervention Into The Arbitration Process, James J. White

Michigan Law Review

Respondent company laid off a number of employees as a result of its decision to contract out maintenance work formerly done in the company shop. After the grievance procedure failed to resolve petitioner union's claim that this violated the contract provision against lockouts, and the company refused the union's request for arbitration, the union sought specific performance of the promise to arbitrate contained in the collective bargaining contract. In dismissing the plea, the district court found that contracting out work was solely a function of management and therefore not arbitrable because the contract specifically excluded from arbitration "matters which are …


The New Tax Policy On Deferred Compensation, Ralph S. Rice Jan 1961

The New Tax Policy On Deferred Compensation, Ralph S. Rice

Michigan Law Review

No single factor of income tax planning today exceeds in importance those devices under which payment of tax with respect to services performed by an employee in his peak earning years is postponed until the compensation is actually paid to him at a later date. It is normally expected that through these devices payment will be made to the employee after he has partially or fully retired and no longer encounters the high tax burden which arises from progressive rates at the time the services are rendered.


Atomic Energy Law-Atomic Energy Act Of 1954- Substantial Legal Restrictions On The Private Development Of Nuclear Reactors, Martin Adelman Jan 1961

Atomic Energy Law-Atomic Energy Act Of 1954- Substantial Legal Restrictions On The Private Development Of Nuclear Reactors, Martin Adelman

Michigan Law Review

In 1956 the Power Reactor Development Company received a construction permit from the Atomic Energy Commission to build a fast breeder nuclear reactor at Lagoona Beach, thirty miles southwest of Detroit, Michigan. Intervening pursuant to section 189 of the Atomic Energy Act of 1954, several unions claimed that the health, safety, and property of their members would be jeopardized by the operation of the reactor. Formal hearings were held before the AEC and a final decision affirming the issuance of a construction permit to PRDC was made by the Commission in 1959. On appeal to the Court of Appeals for …


The Supreme Court-October 1959 Term, Bernard Schwartz Jan 1961

The Supreme Court-October 1959 Term, Bernard Schwartz

Michigan Law Review

A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …


Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr. Jan 1961

Stason, Estep And Pierce: Atoms And The Law, Harry Kalven, Jr.

Michigan Law Review

A Review of Atoms and the Law. By E. Blythe Stason, Samuel D. Estep and William J. Pierce. [Parts I and II* Pp. 1-846]


Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle Jan 1961

Constitutional Law - Due Process - Collection Of State Use Tax From Nonresident Vendor, Jerome M. Salle

Michigan Law Review

Plaintiff, a Georgia corporation not qualified to do business in Florida, solicited orders for merchandise from Florida residents through independent brokers who forwarded the orders to plaintiff's Georgia office for acceptance. Plaintiff did not maintain any place of business in Florida nor have any regular employee or agent there. In a suit to enjoin the enforcement of a distress warrant issued upon plaintiff's failure to collect the Florida use tax, the chancellor denied relief and the Florida Supreme Court affirmed. On appeal to the United States Supreme Court, held, affirmed, one Justice dissenting. Enforcement of the statute requiring collection …


Attachment And Garnishment In The Federal Courts, Brainerd Currie Jan 1961

Attachment And Garnishment In The Federal Courts, Brainerd Currie

Michigan Law Review

Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …


Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas Jan 1961

Constitutional Law - Persons Entitled To Raise Constitutional Questions - Standing To Suppress Evidence Obtained In Violation Of The Fourth Amendment, William R. Nicholas

Michigan Law Review

Federal officers arrested petitioner upon finding narcotics in an awning outside the window of E's apartment which petitioner was using as "a friend" of E. Charged with possession of contraband narcotics, petitioner moved to suppress the evidence claiming the warrant to search the apartment was issued to the officers without probable cause. The district court denied petitioner's motion on the ground that he lacked standing to make it. At trial a renewed motion to suppress was denied, and on appeal the Court of Appeals for the District of Columbia affirmed the ruling of the district court. On certiorari …


Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider Jan 1961

Constitutional Law - Search And Seizure - Duty Of Home Owner To Permit Housing Inspection Without A Warrant, Joseph J. Schneider

Michigan Law Review

A Dayton, Ohio, city ordinance authorized housing inspectors to inspect any dwelling, without requiring a search warrant, for the purpose of safeguarding the public health and safety. Acting in compliance with the requirements of this ordinance, city housing inspectors requested admittance to appellant's home in order to conduct a health inspection. Appellant refused to permit the inspectors to enter and inspect his home without a search warrant, and was therefore arrested and confined for violating the ordinance. Discharge of appellant in habeas corpus proceedings was reversed by the Ohio Court of Appeals. On appeal to the United States Supreme Court, …


Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard Jan 1961

Constitutional Law- State Action And The Equal Protection Clause - Status Of Lessee Of Public Property, Stephen Bard

Michigan Law Review

Defendant Wilmington Parking Authority was a tax-exempt state agency organized under the Delaware Parking Authority Act to build and operate a public off-street parking facility. Financing of the project was accomplished primarily by the issuance of self-liquidating bonds, but fifteen percent of the necessary capital was advanced by the City of Wilmington from its public funds. The state agency had statutory authority to lease space in the facility for private commercial uses, but only to the extent that the rentals thereby obtained were needed to meet the state requirement that the facility be self-supporting. In accordance with this authority space …


Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill Jan 1961

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …


Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed. Jan 1961

Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.

Michigan Law Review

Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …


Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers Jan 1961

Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers

Michigan Law Review

Husband purchased a new automobile from a dealer. The contract of sale contained on its reverse side an express warranty from the manufacturer to the "original purchaser" providing for the replacement of any parts which were returned to the manufacturer and were in its judgment defective. The warranty was " ... expressly in lieu of all other warranties expressed or implied .... " The dealer warranty was substantially identical to that extended by the manufacturer; both adhered to the form prescribed by the Automobile Manufacturer's Association. Shortly after the delivery of the automobile, wife was injured in a collision caused …


Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin Jan 1961

Sullivan: Conservation Of Oil And Gas. A Legal History - 1958, Joseph R. Julin

Michigan Law Review

A Review of Conservation of Oil and Gas. A Legal History - 1958. Edited by Robert E. Sullivan.


Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine Jan 1961

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …


Dawson: A History Of Lay Judges, Spencer L. Kimball Jan 1961

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson


Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg Jan 1961

Stein & Nicholson: American Enterprise In The European Common Market: A Legal Profile. Vol. Ii, Sigmund Timberg

Michigan Law Review

A Review of American Enterprise in the European Common Market: A Legal Profile. Vol. II. Volume Two. Edited by Eric Stein and Thomas L. Nicholson.