Law Commons^™

Vol. 17, No. 14, December 4, 1964, University Of Michigan Law School

Res Gestae

•Cramton Has Article on Civil Rights Published •Shapiro Speaks at Poverty Meeting in Washington, D.C. •Bequest, Special Gift Received by Law School •Freshmen Briefs •Libel and Slander •From our Readers •Miscellaneous •At the Flicks •Quadsville Quotes

Substantive Retroactive Remedial Tax Legislation And The Statute Of Limitations, Michigan Law Review

Michigan Law Review

Since 1953, Congress has enacted at least forty-eight retroactive amendments to the revenue laws, thirty-nine of which have provided for substantive remedial change. While nine of these thirty-nine amendments have contained specific provisions for extending the limitations period, sixteen have retroactively amended substantive law applicable to years normally barred by the statute of limitations but have not contained a provision extending the limitations period. The question is thus raised whether a provision, silent as to its procedural effect, implicitly repeals or modifies the applicable statute of limitations on claims for refunds brought under the retroactive change in the law.

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …

Smigel: The Wall Street Lawyer, Victor H. Kramer

Michigan Law Review

A Review of The Wall Street Lawyer By Erwin 0. Smigel

The Economic Treatment Of Automobile Injuries, Alfred F. Conard

Michigan Law Review

The automobile has changed more than Americans' ways of transportation. It has changed their ways of housing, of working and playing, of eating, living, and loving. It has also added to their ways of suffering and dying.

The suffering and dying have called forth two kinds of treatment. The better recognized kind is medical treatment, which staves off death and minimizes pain and disability among the living. The less recognized kind of treatment is economic-the restoration to the injury victim or to his dependents of some part of the economic wellbeing that has been snatched away from them by loss …

Words "Civil Or Criminal" In Clayton Act Section 5 Do Not Include Federal Trade Commission Proceedings-Highland Supply Corp. V. Reynolds Metals Co., Michigan Law Review

Michigan Law Review

In a private antitrust action for treble damages filed in 1963, plaintiff referred in its complaint to a Federal Trade Commission proceeding brought against the defendant in 1957, which had resulted in a final divestiture order. Defendant moved to strike these references in the complaint on the ground that section 5(a) of the Clayton Act, which authorizes private parties to utilize a government "judgment or decree . . . rendered in any civil or criminal proceeding" as prima facie evidence in subsequent treble damage suits, does not include a Federal Trade Commission proceeding. Defendant also moved to dismiss the …

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …

Court, Congress, And Reapportionment, Robert B. Mckay

Michigan Law Review

In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …

Congressional Apportionment: The Unproductive Search For Standards And Remedies, Michigan Law Review

Michigan Law Review

The increasingly complex problems of elucidating congressional apportionment standards and granting appropriate relief when voting rights have been materially diluted were again brought to the fore in the recent districting decision of Calkins v. Hare. This federal district court decision is illustrative of the uncertainty caused by the Supreme Court's opinion in the landmark case of Wesberry v. Sanders. Although Wesberry resolved two previously contested issues by ruling that congressional apportionment disputes are susceptible of judicial determination and by setting a standard of population equality in delimiting districts, two associated questions were left unanswered. First, even though Wesberry …

Latin-American Land Reform: The Uses Of Confiscation, Kenneth L. Karst

Michigan Law Review

This article examines the legislative techniques for taking land, showing their confiscatory operation. For many lawyers, the analysis would then be easily completed: confiscation is wrongful and must be condemned. Rejecting the implicit absolutism of that conclusion, this article inquires into the justifications that can be pleaded on behalf of selective confiscation as an aid in solving some of Latin America's economic and social ills.

The Role Of A Trial Jury In Determining The Voluntariness Of A Confession, Michigan Law Review

Michigan Law Review

The Supreme Court of the United States has vigorously implemented the principle that criminal prosecution is an investigative, not an inquisitorial, process. Evidence of guilt must be obtained by methods free from physical or psychological coercion. Protections in the Bill of Rights against illegal search and seizure, self-incrimination, and trial without counsel have been extended to the states through the due process clause of the fourteenth amendment. Safeguards against the admissibility of coerced confessions into evidence have also been instituted. Because a confession practically determines the ultimate question of guilt, the critical standards for· admissibility are frequently challenged on appeal. …

Actual Expenses Of Ohio Utility Are Considered In Computing Rates Even Though The Hypothetical Company Technique Is Used-General Tel. Co. V. Public Util. Comm'n, Michigan Law Review

Michigan Law Review

The Public Utilities Commission of Ohio established rates for plaintiff telephone company. In determining the gross annual revenues to which the company was entitled, the Commission allowed, as an item of expense, 112 thousand dollars less for federal income tax than the company would actually be required to pay during the year in question. The allowance for taxes was calculated by following the so-called "hypothetical company" formula as apparently required by a recent line of Ohio Supreme Court decisions. On direct appeal to the Ohio Supreme Court, held, order reversed, two judges dissenting. The utility company should be allowed …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Vol. 17, No. 13, November 20, 1964, University Of Michigan Law School

Res Gestae

•"America's Leading Stockholder" Speaks Here •Editors' Wastebasket •Libel and Slander •Gridiron Pix •At the Flicks •Quadsville Quotes

Vol. 17, No. 12, November 13, 1964, University Of Michigan Law School

Res Gestae

•Justice Souris Spends Three Days Here as "Scholar in Residence" •From Professor R.V. Wellman: To 2nd and 3rd Year Students •Area Attorney Speaks on Christian Ethic and the Law •Freshman Briefs •Editors' Wastebasket •Gridiron Pix •Miscellaneous •At the Flicks

Vol. 17, No. 11, November 6, 1964, University Of Michigan Law School

Res Gestae

•Justice Souris to Visit as "Scholar in Residence" •Noted Appellate Practitioner Speaks to Students •Editors' Wastebasket •Freshman Briefs •Gridiron Pix •Miscellaneous •At the Flicks •Quadsville Quotes

The Federal Power Commission Does Not Have Jurisdiction Over The Sale Of A Developed Leasehold Interest Of Gas In Formation-Marr V. Fpc, Michigan Law Review

Michigan Law Review

Independent gas producers erected producing wells upon certain land to extract leased mineral interests. This development of the leasehold supplied geological information from which the amount of gas reserves was estimated. The gas leasehold was then sold to Texas Eastern Transmission Company, an interstate pipeline company that sought additional reserves. Texas Eastern applied to the Federal Power Commission for a certificate of public convenience and necessity to connect its transportation system to the field. The FPC asserted jurisdiction over the sale of the leasehold in order to investigate the cost aspects of the transaction. Because the details of the sale …

Appointment Of Non-Lawyer Counsel In Courts-Martial Does Not Violate The Fifth Or Sixth Amendment--United States V. Culp, Michigan Law Review

Michigan Law Review

Defendant, a Marine Corps private, was charged with larceny, and naval officers who were not lawyers were appointed as trial and defense counsel. The accused pleaded guilty to six specifications of larceny, and, upon trial by a special court-martial, was given a bad conduct discharge from the service. The board of review, on its own motion, held the guilty plea improvident and stated that, under the sixth amendment, the accused was entitled to counsel qualified in the law unless he had intelligently waived this right. Upon certification by the Judge Advocate General of the Navy to the Court of Military …

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …

Ralph W. Aigler, Allan F. Smith

Michigan Law Review

A Tribute to Ralph W. Aigler

The Powers Of The Michigan Civil Rights Commission, Roger C. Cramton

Michigan Law Review

The thesis of this article is that the Attorney General has misread the language and actions of the constitution-makers. The Michigan Civil Rights Commission is an important and powerful agency of government which has substantial tasks to perform. But it does not possess the exclusive powers envisioned by the Attorney General. Other governmental units-the legislature, the executive, the courts, and the local governments-may continue to play a creative and positive role in fashioning a legal order that accords to every human being in society a reasonable opportunity to realize his potentialities.

Recent Antitrust Developments-1964, Milton Handler

Michigan Law Review

Ever since the passage of the Sherman Act, the courts have consistently refused to permit the requirements of antitrust to be circumvented by the easy expedient of dressing a sale in the vestments of a sham agency agreement. In Dr. Miles Medical, where the Supreme Court first held vertical price fixing unlawful, the seller and buyer denominated their agreement as an "agency," but the Court properly concluded that it was, in fact, a sale. Likewise, in Standard-Magrane, the first occasion on which the Court considered section of the Clayton Act, the seller purported to appoint his customers as …

Foundations And The Patman Committee Report, John E. Riecker

Michigan Law Review

It is the purpose of this article to evaluate the major points of the first, and main, installment of Congressman Patman's Report in the light of existing Internal Revenue Code provisions, Treasury regulations, and the more significant federal court decisions and Internal Revenue Service rulings. While the Report itself is more inclusive, space limitations dictate that this article be confined to section 501(c)(3) organizations-chiefly foundations, tax-exempt funds, and charitable trusts. Although the writer will strive to be objective, it is difficult to avoid some of the political gloss in which the Report is cast and impossible to discuss the ramifications …

Prejudicial In11uence On Jury Of Newspaper Published During Trial-People V. Purvis, Michigan Law Review

Michigan Law Review

Defendant had been paroled after serving four years of a sentence for second degree murder. While on parole, he was tried for another homicide and convicted of murder in the first degree. In separate penalty trials, juries had twice assessed the death sentence, which, on both occasions, had been set aside by the reviewing court. During the third trial, the Sunday newspaper in the local county published a front-page article attacking the leniency of the parole system, attributing the area's high crime rate partly to the recidivist tendencies of parolees, and quoting the county sheriff's opinion that defendant should be …

Mellinkoff: The Language Of The Law, Ronald L. Goldfarb

Michigan Law Review

A Review of The Language of the Law. By David Mellinkoff

Hyneman: The Supreme Court On Trial, William W. Van Alstyne

Michigan Law Review

A Review of The Supreme Court on Trial. By Charles S. Hyneman

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by the Michigan Law Review

Vol. 17, No. 10, October 30, 1964, University Of Michigan Law School

Res Gestae

•Law School Mock Election Result •Placement Notes •Freshmen Briefs •From the Board of Directors •Miscellaneous •At the Flicks •Quadsville Quotes •Late Notice

Vol. 17, No. 9, October 23, 1964, University Of Michigan Law School

Res Gestae

•Senator Milliken Discusses Campaign Here •Student Mock Election to Take Place Tuesday •Editors' Wastebasket •Freshmen Briefs •From Our Readers •Gridiron Pix •Sports Department •Miscellaneous