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Articles 121 - 140 of 140
Full-Text Articles in Law
Fraud On The Widow’S Share, W. D. Macdonald
Fraud On The Widow’S Share, W. D. Macdonald
Michigan Legal Studies Series
This study seeks the answer to a troublesome question: What should be done about gratuitous inter vivos transfers in alleged "evasion" of the widow's statutory share? My thesis is that the statutory share should be replaced by the type of decedent's family maintenance legislation found in the British Commonwealth, and that this legislation should be buttressed with anti-evasion provisions. Inter vivos "evasions" seem to be a permanent and increasingly serious concomitant of our forced share system. Part I, dealing with matters of policy, explores the chief aggravating factors. These factors include the high rate of remarriage, which induces transfers to …
Class Of 1960 Fifteen Year Report, University Of Michigan Law School
Class Of 1960 Fifteen Year Report, University Of Michigan Law School
UMLS Alumni Survey Class Reports
This report summarizes the responses to a questionnaire sent to University of Michigan Law School alumni fifteen years after graduation.
Class Of 1960 Fifteen Year Report Alumni Comments, University Of Michigan Law School
Class Of 1960 Fifteen Year Report Alumni Comments, University Of Michigan Law School
UMLS Alumni Survey Class Reports
This addendum is a compilation of alumni responses to the open-ended comments sections.
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
The Duty Of Military Defense Counsel To An Accused, Alfred Avins
Michigan Law Review
This article is designed to study the manner in which those Canons of Professional Ethics have been assimilated into the administration of military justice and made the standards for the duty of a military defense counsel.
Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.
Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.
Michigan Law Review
The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.
Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed.
Constitutional Law - Congressional Investigation Of Political Activity-Watkins V. United States Re-Examined, Avrum M. Gross S.Ed.
Michigan Law Review
It is the function of this comment to examine the traditional scope and limitations of congressional investigations, with particular emphasis on these two cases.
Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones
Self-Determination Vs. Stability Of Labor Relations: The Effect Of American Potash, Dallas L. Jones
Michigan Law Review
Very early in its history, the Board was confronted with conflicting claims by craft unions and industrial unions for the right to represent craft workers. Generally, the industrial unions sought a broad unit of production and craft workers, whereas the craft unions sought units of their particular skill. The Board's first reaction was to establish broad units where it appeared that one union had a majority throughout the plant. In doing so, the Board relied heavily upon what it considered best for collective bargaining purposes. In many cases, the Board created large units over the protests of small groups on …
Legislation - Survey And Analysis Of Criminal And Tort Aspects Of Shoplifting Statutes, Wilbur J. Markstrom S.Ed.
Legislation - Survey And Analysis Of Criminal And Tort Aspects Of Shoplifting Statutes, Wilbur J. Markstrom S.Ed.
Michigan Law Review
Shoplifting not only results in heavy financial losses for the merchant but also poses special problems in criminal law and general law enforcement. One such problem arises from the fact that most such thefts involve relatively small amounts, with the result that the public does not seem extremely concerned about the matter when an individual case comes up for prosecution. Another peculiar difficulty is that perhaps more than any other single crime shoplifting is an offense committed by amateurs, both adult and juvenile. This serves to make both detection and prosecution difficult. Finally, the right of the individual to be …
Banks And Banking - Bank's Right Of Set-Off-Deposit Of Funds By A Fiduciary, James Blanchard
Banks And Banking - Bank's Right Of Set-Off-Deposit Of Funds By A Fiduciary, James Blanchard
Michigan Law Review
Plaintiff employed A as agent to sell plaintiff's tractor. A was to keep any amount received over $5,000. A sold the tractor, receiving a $6,120 check from the purchaser payable to A. A deposited the check in his personal checking account in defendant bank. Defendant took the deposit without knowledge of plaintiff's interests and applied it against a past due obligation of A. Plaintiff brought suit for $4,500, the amount of checks from A to plaintiff which defendant refused to pay. The trial court held for defendant. On writ of error, held, reversed, two judges dissenting. No equity …
Bills And Notes - Acceptance - Payment By Drawee Of Raised Check Precludes Recovery Under Section 62 Of The Uniform Negotiable Instruments Law, Louis A. Kwiker
Bills And Notes - Acceptance - Payment By Drawee Of Raised Check Precludes Recovery Under Section 62 Of The Uniform Negotiable Instruments Law, Louis A. Kwiker
Michigan Law Review
Defendant, collection bank and presenter, paid the face amount of a raised check, executed its unqualified indorsement thereon, transmitted the check through regular banking channels, and received payment from drawee bank. Upon discovery of the overpayment plaintiff, surety, reimbursed the drawee and sought recovery from the defendant. The trial court sustained defendant's demurrer. On appeal, held, affirmed. Under section 621 of the Uniform Negotiable Instruments Law, a drawee bank which pays a raised but otherwise genuine check to a non-negligent holder in due course cannot recover the amount by which the instrument was raised because payment constitutes an acceptance …
Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke
Constitutional Law- Civil Rights - Union Use Of Dues For Political Action, Paul Hanke
Michigan Law Review
Defendant unions under the authority of section 2, Eleventh of the Railway Labor Act obtained union shop agreements from defendant railroads. Non-union employees sought to enjoin enforcement of the agreements because the unions used periodic dues, fees, and assessments to support political doctrines and candidates opposed by plaintiffs. The trial court dismissed for failure to state a cause of action, but the Supreme Court of Georgia overruled the dismissal and remanded. The lower court then ruled that petitioners were denied constitutional liberties and issued the injunction. On appeal, held, affirmed. Enforcement of union shop contracts requiring employees to pay …
Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson
Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson
Michigan Law Review
In October 1957 Switzerland, on behalf of the holding company now commonly known as Interhandel, addressed an application against the United States to the International Court of Justice (I.C.J.). Claiming I.C.J. jurisdiction by reason of the United States adherence to article 36 (2) of the Statute of the Court, Switzerland's submissions were essentially that the United States was under an obligation (1) to restore to Interhandel assets of the General Aniline and Film Corp which had been seized in 1942 pursuant to the Trading with the Enemy Act, and, as an alternative, (2) to submit the dispute to arbitration. The …
Federal Procedure - Trial Practice - Right To Jury Trial On Common Question Of Law And Fact, Cecil R. Mellin
Federal Procedure - Trial Practice - Right To Jury Trial On Common Question Of Law And Fact, Cecil R. Mellin
Michigan Law Review
Fox West Coast Theatres instituted an action for declaratory judgment and injunctive relief against petitioner, Beacon Theatres, to determine the reasonableness of motion picture distribution clearance agreements to which it was a party and to enjoin petitioner, pending final decision, from instituting or threatening antitrust suits against Fox or its distributors. Petitioners filed a counterclaim for treble damages, alleging that Fox and its distributors were engaged in a conspiracy in violation of the antitrust laws. Petitioner demanded jury trial of the fact questions in the complaint and counterclaim, since both raised the issues of competition between the theatres and reasonableness …
Labor Law - Appropriate Bargaining Unit Under Section 9(B) Of The Taft-Hartley Act- Determination Requires Nlrb To Exercise Discretion, James N. Adler
Labor Law - Appropriate Bargaining Unit Under Section 9(B) Of The Taft-Hartley Act- Determination Requires Nlrb To Exercise Discretion, James N. Adler
Michigan Law Review
Petitioner union sought to represent maintenance and construction electricians employed by plate glass manufacturer at a new plant. How ever, employer and intervenor union entered into an agreement extending to the new plant an existing contract covering employees at certain of employer's other plants. At hearings upon petitioner's application to determine the "appropriate" bargaining unit under criteria established by section 9 (b) of the Taft-Hartley Act, employer and intervenor urged that the highly integrated nature of the plant and the history of plantwide bargaining at employer's other plants made a single bargaining unit covering all plant's employees the only appropriate …
Taxation - Federal Income Tax - Contract Right Income To Cash Method Taxpayer Who Refused Cash Offer, Eldon Olson
Taxation - Federal Income Tax - Contract Right Income To Cash Method Taxpayer Who Refused Cash Offer, Eldon Olson
Michigan Law Review
During 1951 petitioner, a cash method taxpayer, executed a mineral lease. As part of the consideration petitioner was to receive an unconditional bonus or advance royalty of fixed amount. The lessee was ready, able and willing to pay the entire amount on execution, but at petitioner's request the contract provided for a small payment on execution with one-half the balance due on January 5th of each of the next two years. About one month before each due date the contract rights were discounted at a bank of which petitioner was a director. The lessee remained ready, able and willing to …
Torts - Invasion Of Privacy - Conduct Of A Debt Collector, Russel A. Mcnair Jr.
Torts - Invasion Of Privacy - Conduct Of A Debt Collector, Russel A. Mcnair Jr.
Michigan Law Review
In an action for the balance due on account for merchandise purchased defendants counterclaimed for damages alleging that an agent of the plaintiff, on three separate days, went to the restaurant where the defendant-wife worked as a waitress and in a loud and degrading manner made demands that defendants pay the account. On each occasion many customers were present. Plaintiff's agent accused the defendants of being "dead beats" and of never intending to pay for the merchandise when it was purchased. The trial court sustained plaintiff's demurrer to this counterclaim. On appeal, held, reversed and remanded. Conduct of a …
Taggart: Cost Justification, Harry L. Shniderman
Taggart: Cost Justification, Harry L. Shniderman
Michigan Law Review
A Review of Cost Justification. By Herbert F. Taggart
Brown: Legal Education At Michigan. 1859-1959, Louis Quarles
Brown: Legal Education At Michigan. 1859-1959, Louis Quarles
Michigan Law Review
A Review of Legal Education at Michigan. 1859-1959. By Elizabeth Gaspar Brown, in consultation with William Wirt Blume
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review