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Full-Text Articles in Law

International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef Jun 1951

International Law-Immunity Of Employee Of United Nations Delegation From In Rem Proceedings In Municipal Courts, Allan Neef

Michigan Law Review

A landlord's summary proceeding for recovery of possession was brought in a New York municipal court against a secretary of the Argentine delegation to the United Nations. The defendant appeared specially and moved to vacate the service of the precept, claiming immunity from suit by virtue of the grant of diplomatic privileges and immunities to official employees of member delegations under Article V of the Headquarters Agreement between the United States and the United Nations. Held, motion denied. Realty not directly pertaining to a delegation's employee's official position is not removed from the jurisdiction of the local courts by …


Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen May 1951

Federal Procedure-Joinder Of Legal And Equitable Claims-Trial By Jury, William O. Allen

Michigan Law Review

Plaintiff brought an action against his employer in a federal district court under the Federal Employers' Liability Act for damages for personal injuries suffered during the course of his employment. In the same action, plaintiff sought to have a release, which he had executed, set aside on the ground that it had been obtained by defendant's fraud. Plaintiff requested a jury trial of both claims; defendant objected to a jury trial of the issue of setting aside the release, on the ground that a claim for cancellation of a release is for equitable relief triable to the court alone. Held …


Nims: Pre-Trial, John W. Reed Apr 1951

Nims: Pre-Trial, John W. Reed

Michigan Law Review

A Review of PRE-TRIAL. By Harry D. Nims.


Nims: Pre-Trial, John W. Reed Apr 1951

Nims: Pre-Trial, John W. Reed

Michigan Law Review

A Review of PRE-TRIAL. By Harry D. Nims.


Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink Apr 1951

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed. Apr 1951

Habeas Corpus-Jurisdiction Of Federal Courts To Review Jurisdiction Of Military Tribunals When The Prisoner Is Physically Confined Outside The United States, Willis B. Snell S. Ed.

Michigan Law Review

The question of the power of federal courts to issue the writ of habeas corpus for a prisoner confined outside the territorial United States has not as yet been completely answered. Until recently, there were few instances in which anyone was confined outside the United States under the authority of the United States. However, during and since World War II, American military tribunals have exercised power over citizens and aliens, civilians and military personnel, in many parts of the world, and especially in Germany and Japan. Because of this extended use of military tribunals, the question of the power of …


Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink Apr 1951

Virtue: Survey Of Metropolitan Courts: Detroit Area, Stephen H. Clink

Michigan Law Review

A Review of SURVEY OF METROPOLITAN COURTS: DETROIT AREABy Maxine Boord Virtue.


Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed. Mar 1951

Federal Courts-Venue-Transfer To A More Convenient Forum Under Title 28, United States Code, Section 1404(A), Nolan W. Carson S. Ed.

Michigan Law Review

A cause of action based on diversity of citizenship was brought in a United States District Court in Pennsylvania by a New York corporation against a Delaware corporation. Plaintiff joined a New York corporation as an involuntary plaintiff. Defendant then moved for a transfer based on forum non conveniens to the Southern District of New York. Held, this suit could not have been brought originally in the Southern District of New York since the present involuntary plaintiff, amenable to process in that district, could only have been joined as a defendant and diversity of citizenship would have been absent. …


The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford Mar 1951

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …


Federal Courts-Appeals-Finality Of Decree Dismissing Intervenor's Claim After Trial, J. D, Mcleod S. Ed. Jan 1951

Federal Courts-Appeals-Finality Of Decree Dismissing Intervenor's Claim After Trial, J. D, Mcleod S. Ed.

Michigan Law Review

Dickinson, a promoter of Petroleum, sued Lloyd, his fellow promoter, to impress an equitable lien on certain stock in Lloyd's possession. Petroleum and some of its shareholders known as the ''Rinke subscribers" intervened, seeking to have the stock issue canceled because of fraud, and to recover damages for secret profits gained through breach of fiduciary duty to the corporation. In 1947, after trial, a decree was entered. Claims of both Dickinson and Lloyd were dismissed. Judgment against them was entered in favor of the class of subscribers, the decree providing that the several claims of the individual subscribers be liquidated …