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Coercion

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Articles 181 - 192 of 192

Full-Text Articles in Law

Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff Apr 1942

Evidence - Admissibility Of Defendants Refusal To Submit To A Blood Test For Intoxication, David Davidoff

Michigan Law Review

Defendant was convicted of operating a motor vehicle while intoxicated. This appeal was based on the contention that the testimony by a deputy sheriff of defendant's refusal to submit to a blood test to determine whether or not he was intoxicated violated his privilege against self-incrimination and was inadmissible. Held, the evidence was properly admitted. State v. Benson, (Iowa, 1941) 300 N. W. 275.

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Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee Feb 1941

Labor Law - Constitutional Law - National Labor Relations Act- Right Of Employer To Disparage Labor Unions And To Advise His Employees Against Joining Them, William C. Wetherbee

Michigan Law Review

In the spring of 1937 the respondent distributed anti-union literature to its employees. Some of the material specifically denied any design on the part of the employer to prevent the employees from joining a union, and none of the literature pretended to be more than the advice and opinions of the employer. Nevertheless, the unions were thoroughly condemned as rackets, controlled by Communists, which deprive the workingman of his economic freedom and force him to pay for the privilege of working. The National Labor Relations Board found that the distribution of this literature interfered with, restrained, and coerced the employees …

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Corporations - Modification Provisions Of Corporate Mortgages And Trust Indentures, Charles H. Haines Jr. Nov 1939

Corporations - Modification Provisions Of Corporate Mortgages And Trust Indentures, Charles H. Haines Jr.

Michigan Law Review

As early as the late 1800's it was not uncommon to find included in corporate mortgages and trust indentures provisions looking to the modification of the rights of the bondholders by action of a given majority of such holders. Ordinarily the power conferred could not be exercised by the holders of less than seventy-five per cent in value of the outstanding bonds; the modification authorized might be the alteration of security rights, the deferment of payments of interest or principal, the reduction of interest, or even the reduction of the debt. Inasmuch as the same equitable doctrines limit their use, …

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Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review May 1939

Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review

Michigan Law Review

Eighteen electric utilities, with non-exclusive franchises and in direct competition with the TVA in selling power wholesale to municipalities, cooperatives and large industrial plants, sought to enjoin the activities and projects of the TVA and its directors as being unconstitutional and as contravening their rights under the fifth, ninth, and tenth amendments. Fraud, duress, and misrepresentations in securing customers were charged. A court of three judges dismissed the bill, holding that there was no fraud or duress and that the TVA was constitutional. Fourteen utilities appealed to the United States Supreme Court. Held, with Justices Butler and McReynolds dissenting, …

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Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review May 1939

Searches And Seizures - Effect Of Coercion - Waiver Of Constitutional Privilege By Wife In Husband's Absence, Michigan Law Review

Michigan Law Review

The defendant and his son were shot as prowlers while they were taking a "short-cut" through the informant's barnyard. They managed to reach home, where after a physician's treatment they were placed under arrest and taken to jail on a charge of stealing the informant's chickens. Later some of the arresting officers returned to the defendant's home without a search warrant. Whether or not the wife's consent was secured is disputed, but a search was made of the defendant's henhouse, and thirty-one chickens were seized as stolen property. Before the commencement of the trial, a motion filed by the defendant …

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Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann May 1938

Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann

Michigan Law Review

Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …

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Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush Jan 1938

Expansion Of Federal Supervision Of Securities Through The Inquisitional And Census Powers Of Congress-A Suggestion, Kenneth Rush

Michigan Law Review

The Securities Act and the Securities Exchange Act, principally through the means of compulsory disclosure of information, are intended to aid the investing public in evaluating securities and to prevent the undue influencing of their value, market price and sale. These ends are undoubtedly worth seeking in their entirety, but such is the nature of our federal system that the acts, being founded upon the powers of Congress over the facilities of interstate commerce and of the mails, purport to relate only to transactions in securities involving use of those facilities.

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Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment Jan 1936

Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment

Michigan Law Review

In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …

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Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper Jun 1932

Judicial Examination Of The Accused-A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the. methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the quality of the evidence submitted as the …

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Boycott - Medical Association, Horace Lafayette Wilgus Jan 1919

Boycott - Medical Association, Horace Lafayette Wilgus

Articles

The opinion of McCardie, J., (without a jury), in Pratt v. British Medical Association (1919), I K. B. 244, (noted in the MICHIGAN LAW REVIEW, June, 1919, p. 704), brilliantly reviewing the English cases, merits a fuller statement of the facts and principles involved than was possible in a short note. The action was by Doctors Burke, Pratt, and Holmes, against the British Medical Association and four of its officers, for damages for conspiracy, slander and libel.

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Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell Nov 1918

Coercing A State To Pay A Judgement Virginia V West Virginia, Thomas Reed Powell

Michigan Law Review

The Eleventh Amendment to the Federal Constitution postponed for over a century the settlement of the question whether a state of the United States can be coerced to pay a money judgment rendered against it in the Supreme Court of the United States. This it did by postponing the rendition of money judgments against a state. In 1793, it will be remembered, Chisholm v. Georgi4 had held that the provisions of Article III of the Constitution, extending the federal judicial power "to controversies * * * between a state and citizens of another state," and giving the Supreme Court original …

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Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee Jan 1917

Recovery Of Money Paid Under Duress Of Legal Proceedings In Michigan, Edgar N. Durfee

Articles

THE case of Welch v. Beeching, recently decided by the Supreme Court of Michigan, raises puzzling problems conconcerning the recovery of money paid under pressure of legal proceedings. It is the purpose of this paper to give that case a more adequate setting, in relation to the whole field of law to which it pertains, than was provided by the brief opinion of the court. We shall not attempt to exhaust the authorities, nor to present a rounded treatment of the whole subject touched upon.

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