Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1963

University of Michigan Law School

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 136

Full-Text Articles in Law

Vol. 15, No. 14, December 6, 1963, University Of Michigan Law School Dec 1963

Vol. 15, No. 14, December 6, 1963, University Of Michigan Law School

Res Gestae

•Joiner Renews Attack on Proposed "Court of the Union" •Editors' Wastebasket •Libel and Slander •Miscellaneous •At the Flicks •Quadsville Quotes

Go to article

The Regulation Of Specialty Policies In Life Insurance, Spencer L. Kimball, Jon S. Hanson Dec 1963

The Regulation Of Specialty Policies In Life Insurance, Spencer L. Kimball, Jon S. Hanson

Michigan Law Review

Every entrepreneur is vitally concerned with selling methods. Success depends upon sales. Sales depend upon desire for the product. Desire for most products, including life insurance, is not inherent but is created by the efforts of the entrepreneur. In the case of life insurance, an effective job of creating the desire, i.e., of selling, is usually necessary to convince a prospective insurance buyer that over a long period he should allocate a significant portion of his income to the purchase of an intangible such as life insurance.

Go to article

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood Dec 1963

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …

Go to article

Securities Regulation-Sec Rule 10b-5-Recovery By Corporation Induced By Fraud Of Insider To Issue Shares, Charles K. Dayton Dec 1963

Securities Regulation-Sec Rule 10b-5-Recovery By Corporation Induced By Fraud Of Insider To Issue Shares, Charles K. Dayton

Michigan Law Review

Trustees in reorganization of a corporation brought suit on its behalf to recover damages under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 of the Securities and Exchange Commission, alleging that the corporation had been fraudulently induced by defendant, its comptroller, to issue stock for inadequate consideration. Also named as defendants were the American Stock Exchange and several banks and brokers, whose alleged complicity in the improper public distribution of the shares made them parties to the scheme to defraud the corporation. On a motion by all defendants but the comptroller to dismiss the complaint for …

Go to article

Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett Dec 1963

Constitutional Law-Relation Of Federal And State Governments- Applicability Of State Minimum Price Regulations To Federal Procurement, Alexander E. Bennett

Michigan Law Review

The United States accepted the lowest bids for the supply of milk at three military installations in California. Because these bids were below the minimum prices for wholesale milk prescribed by state law, California instituted proceedings in the state courts for civil damages and injunctive relief against the successful bidders. The United States brought a separate action in a federal district court asking that the state be enjoined from applying its minimum price regulations to milk purchases by the armed services on the grounds that the military installations were federal enclaves over which the United States has exclusive jurisdiction and …

Go to article

Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin Dec 1963

Sawyer: Business Aspects Of Pricing Under The Robinson-Patman Act (Trade Regulation Series), Cyrus Austin

Michigan Law Review

A Review of Business Aspects of Pricing Under the Robinson-Patman Act (Trade Regulation Series). By Albert E. Sawyer

Go to article

Recent Books, Michigan Law Review Dec 1963

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Go to article

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin Dec 1963

The Judicial Treatment Of The Automobile Dealer Franchise Act, J. Patrick Martin

Michigan Law Review

The representatives of the auto industry initially viewed the act with a jaundiced eye and warned that this special class legislation6 would radically change the existing case law by allowing the dealer to win where formerly he would have lost. However, the court decisions under the act have not borne out such dire predictions. This discussion will examine what has, in fact, been the judicial interpretation and treatment of the act.

Go to article

Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan Dec 1963

Radiation Injuries And Time Limitations In Workmen's Compensation Cases, Samuel D. Estep, Walter R. Allan

Michigan Law Review

The increasing use of radioactive materials and radiation-producing devices in industry and elsewhere makes it clear that injuries from exposure to radiation must be anticipated. It becomes relevant, therefore, to inquire into the extent to which the present workmen's compensation statutes will be able to cope with the injuries which may arise from the use of this new source of energy.

Go to article

Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr. Dec 1963

Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.

Michigan Law Review

An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …

Go to article

Vol. 15, No. 13, November 22, 1963, University Of Michigan Law School Nov 1963

Vol. 15, No. 13, November 22, 1963, University Of Michigan Law School

Res Gestae

•Gov. Ross Barnett Discusses Civil Rights •Moot Court Team to go to New York •Editors' Wastebasket •Libel and Slander •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes

Go to article

Vol. 15, No. 12, November 15, 1963, University Of Michigan Law School Nov 1963

Vol. 15, No. 12, November 15, 1963, University Of Michigan Law School

Res Gestae

•Larson Speaks on the World Rule of Law •Libel and Slander •Editors' Wastebasket •Miscellaneous •At the Flicks •Gridiron Pix •Faculty Profiles

Go to article

Vol. 15, No. 11, November 8, 1963, University Of Michigan Law School Nov 1963

Vol. 15, No. 11, November 8, 1963, University Of Michigan Law School

Res Gestae

•Faculty Profiles •Local Authority Discusses Home Rule •Classification to Take Place Next Week •Libel and Slander •Miscellaneous •Gridiron Pix •At the Flicks •Quadsville Quotes

Go to article

Vol. 15, No. 10, November 1, 1963, University Of Michigan Law School Nov 1963

Vol. 15, No. 10, November 1, 1963, University Of Michigan Law School

Res Gestae

•FCC Commissioner Speaks at Club •Possibility of a "Senior Law Day" Considered •Gridiron Pix •Editors' Wastebasket •Libel and Slander •At the Flicks •Quadsville Quotes

Go to article

Federal Estate Tax-Determination Of Marital Deduction In Community Property State When Surviving Spouse Elects To Take Under Decedent's Will, Jon E. Denney Nov 1963

Federal Estate Tax-Determination Of Marital Deduction In Community Property State When Surviving Spouse Elects To Take Under Decedent's Will, Jon E. Denney

Michigan Law Review

Decedent, a Texas resident, provided that if his wife elected to take under his will she would receive one-third of the total community property and one-third of his separate estate. The remaining two-thirds of decedent's total estate was devised in trust for the benefit of his children. The widow elected to take under the will, thereby allowing her interest in the community property to pass as provided in the will. The executors claimed a marital deduction for the one-third separate property passing to the widow. Since she received less under the will than the value of her relinquished community property, …

Go to article

Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr. Nov 1963

Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.

Michigan Law Review

After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …

Go to article

Construction, Reformation, And The Rule Against Perpetuities, Olin L. Browder Jr. Nov 1963

Construction, Reformation, And The Rule Against Perpetuities, Olin L. Browder Jr.

Michigan Law Review

Not long ago, in all the commotion about the doctrine of wait-and-see, a different principle for dealing with the pitfalls in perpetuities law unobtrusively emerged. This was an adaptation of the principle of cy pres to require that provisions, void under the Rule Against Perpetuities, be reformed within the limits of that Rule so as to give effect as closely as possible to the intention of the donor.

Go to article

The Constitution And Preclusion/Res Judicata, Allan D. Vestal Nov 1963

The Constitution And Preclusion/Res Judicata, Allan D. Vestal

Michigan Law Review

The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …

Go to article

Notice Requirements Of Guaranty Contracts, Richard F. Dole Jr. Nov 1963

Notice Requirements Of Guaranty Contracts, Richard F. Dole Jr.

Michigan Law Review

The following is an attempt to verify Corbin's educated guess through the application of factual analysis. If significant facts can be isolated which produce the same result regardless of the theory applied by the court, no real conflict can be said to exist. An initial exploration of the problems involved is a prerequisite to delineating the area in which factual analysis must be used.

Go to article

Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr. Nov 1963

Labor Law-Independent Contractor Status-Extension Of The Right Of Control Test, F. Bruce Kulp Jr.

Michigan Law Review

Petitioner, a large independent oil company, owned a gasoline service station which it leased to an individual operator, reserving the right to determine certain aspects of the lessee's operations. During the lease period, a majority of the station attendants signed union authorization cards, and the union requested a meeting with the lessee for the purpose of negotiating a contract. The lessee refused to negotiate, discharged the attendants, and hired replacements. The trial examiner found that petitioner, as an employer of his lessee, had violated section 8(a)(5) of the National Labor Relations Act by refusing to bargain. On appeal, held, …

Go to article

Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick Nov 1963

Municipal Corporations-Master Plans-Power Of Cities To Zone For Future Conditions, Walter A. Urick

Michigan Law Review

After purchasing land which was subject to a zoning ordinance requiring a minimum lot size of 21,780 square feet, plaintiffs, real estate developers, challenged the ordinance as unreasonable and confiscatory. Defendant city argued that the ordinance was based upon a comprehensive master plan and had the purpose of limiting future density of population in accordance with sewage capacity. On appeal from the circuit court order invalidating the zoning ordinance as applied to plaintiff's property, held, judgment affirmed, three judges dissenting. A city zoning ordinance requiring a minimum lot size for the purpose of limiting future density of population in …

Go to article

Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish Nov 1963

Torts-Negligent Misrepresentation-Abolition Of The Privity Requirement, Leon E. Irish

Michigan Law Review

Defendants, professional consulting engineers, contracted with the city of Chattanooga to design a sewage system. As part of their performance of the contract they prepared a report of geological conditions which was to be distributed by the city to prospective bidders. Plaintiff, a tunneling subcontractor, had no dealings with the defendants, but did rely on their report in making its bid. Because one of defendant's draftsmen carelessly omitted pertinent geological information from the report, it took plaintiff three weeks longer to complete the work than had been anticipated. Plaintiff sued defendant for damages for misrepresentation; held, plaintiff may recover. …

Go to article

Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer Nov 1963

Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer

Michigan Law Review

A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman

Go to article

Recent Books, Michigan Law Review Nov 1963

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Go to article

Right Of A Surviving Partner To Purchase A Deceased Partner's Interest Under The Uniform Partnership Act, Charles R. Frederickson Nov 1963

Right Of A Surviving Partner To Purchase A Deceased Partner's Interest Under The Uniform Partnership Act, Charles R. Frederickson

Michigan Law Review

This discussion is intended to demonstrate that, under the act, the likelihood of fraud should no longer be so controlling a factor as to require invariably a liquidation sale of partnership assets when a court of equity has within its supervisory powers the ability to protect fully all of the parties involved when a partnership is dissolved by death.

Go to article

Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick Nov 1963

Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick

Michigan Law Review

Petitioner's complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or "shop right." On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner's statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff …

Go to article

Vol. 15, No. 9, October 25, 1963, University Of Michigan Law School Oct 1963

Vol. 15, No. 9, October 25, 1963, University Of Michigan Law School

Res Gestae

•Faculty Profiles •Res Gestae Explores Its History •Editors' Wastebasket •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes

Go to article

Vol. 15, No. 8, October 18, 1963, University Of Michigan Law School Oct 1963

Vol. 15, No. 8, October 18, 1963, University Of Michigan Law School

Res Gestae

•Pre-Law Advisors Meet to Discuss Preparation of Undergraduates •U.C.C. Program Under Way •Libel and Slander •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes

Go to article

Vol. 15, No. 7, October 11, 1963, University Of Michigan Law School Oct 1963

Vol. 15, No. 7, October 11, 1963, University Of Michigan Law School

Res Gestae

•Oppenheim Discusses Future of Federal Antitrust Policy •Michigan Represented at International Space Communications Conference •ABA President-Elect Discusses Legal Education •Libel and Slander •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes

Go to article

Vol. 15, No. 6, October 4, 1963, University Of Michigan Law School Oct 1963

Vol. 15, No. 6, October 4, 1963, University Of Michigan Law School

Res Gestae

•The "Quad" •Libel and Slander •Editors' Wastebasket •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes •Jolly Testator Who Makes His Own Will

Go to article

Next Last