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Articles 61 - 90 of 227
Full-Text Articles in Conflict of Laws
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Constitutional Law - Federal Occupation Of Field Of Control Of Subversives, John C. Hall S.Ed.
Michigan Law Review
Defendant was chairman of the Communist Party for the western district of Pennsylvania. He was charged with willfully advocating the violent overthrow of the United States Government, and his conviction under state statute was sustained by the superior court. On appeal, held, reversed. The federal Smith Act pre-empted the field of control of subversive activities and the state law is therefore void. Commonwealth v. Nelson, 377 Pa. 58, 104 A. (2d) 133 (1954).
Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.
Admiralty- Conflict Of Laws - Application Of The Jones Act, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Admiralty traditionally did not give a seaman a right of action for negligence unless it could be attributed to the unseaworthiness of the vessel. An injured seaman was limited to two remedies: an action for maintenance and cure, or an action based on -unseaworthiness. To remedy this situation, Congress in 1920 passed the Jones Act. This act was framed in terms of "any seaman who shall suffer personal injury in the course of his employment," and gave to such seamen all the rights granted by statutes modifying or extending the common law right or remedy in cases of personal injury …
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Banks And Banking-National Banks-Amenability To State Statute Restricting Use Of Word "Savings", Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Defendant, a bank organized under the National Bank Act and transacting business in the State of New York, used the words "saving" and "savings" in various ways in the advertising and conduct of its banking business. The state brought suit, seeking an injunction restraining the use of these words, alleging that in- so using them defendant had violated subdivision 1 of section 258 of the New York Banking Law. In defense, the bank contended that this provision, as it applied to national banks, was unconstitutional as a contravention of federal statutory provisions. The trial court dismissed the complaint on its …
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Constitutional Law-Congressional Powers-Validity Of The 1953 Submerged Lands Act, William D. Keeler
Michigan Law Review
In 1947 and 1950 the Supreme Court held that the coastal states had no property interest in the submerged lands lying seaward from the low water mark, whether ownership of this land was held by the state prior to admission into the Union or not, and that the federal government had paramount rights in and power over this land, including the resources of the soil beneath it. In 1953 Congress passed, and the President signed, the Submerged Lands Act, which vested in the coastal states title to and proprietary power over this land. Alabama and Rhode Island petitioned the Court …
Taxation-Federal Estate Tax-Relevance Of Marital Deduction To Computation Of Widow's Distributive Share Of Husband's Estate Where She Elects To Take Against Will, Alice Austin
Michigan Law Review
A widow electing to take against her husband's will claimed to be entitled to have her one-third share of decedent's net personal estate computed without deduction of federal estate taxes, on the theory that Congress in allowing the marital deduction intended that a widow's share qualifying for such deduction should be free of the impact of the federal estate tax. The state had no statute providing for apportionment of federal estate taxes. Held: Congress did not intend, by allowing the marital deduction, to change the rule that state law is determinative of the impact of the federal estate tax. …
Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.
Conflict Of Laws - Full Faith And Credit - Foreign Custody Decrees, Theodore J. St. Antoine S.Ed.
Michigan Law Review
Husband and wife were domiciled in Wisconsin. When marital troubles developed, the parties agreed that the wife should. take their children to Ohio and. there decide on her future action. Shortly afterward the wife informed the husband. she was not returning. The husband secured. a divorce in Wisconsin, with the decree purporting to award. him custody of the children subject to visitation rights in the wife. Service on the wife was · obtained by publication, but she made no appearance in the Wisconsin proceedings. After one of the visits of the children, the wife refused. to return them and. the …
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
Michigan Law Review
The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …
Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.
Criminal Procedure-Extradition For Non-Support Under Section 6 Of The Uniform Criminal Extradition Act, David D. Dowd, Jr.
Michigan Law Review
Petitioner had been divorced while residing in the State of California and ordered to pay $30 per month to his wife for the support of three minor children. After moving to New Mexico he defaulted in the payments. The Governor of California requested the extradition of the petitioner under section 6 of the Uniform Criminal Extradition Act to answer the charge of failure to provide for minor children. Petitioner questioned his detention under the order for extradition by seeking a writ of habeas corpus in an original proceeding before the Supreme Court of New Mexico. Held, writ denied. Section …
Conflict Of Laws-Torts-Choice Of Law In Multiple State Defamation, Peter Van Domelen S.Ed.
Conflict Of Laws-Torts-Choice Of Law In Multiple State Defamation, Peter Van Domelen S.Ed.
Michigan Law Review
Plaintiff, a Connecticut corporation engaged in business throughout several Eastern states, brought an action for an injunction and damages arising from alleged defamatory statements broadcast over defendant's radio network. Defendant's broadcast originated in New York and was heard by listeners from Maine to North Carolina and as far west as Pennsylvania including the area in which plaintiff was carrying on its business. Defendant moved to dismiss the complaint for failure to state a claim on which relief could be granted. To rule on this motion, it was necessary to choose the appropriate governing law. Held, the law of New …
Interstate Recognition Of Custody Decrees: Law And Reason V. The Restatement, Albert A. Ehrenzweig
Interstate Recognition Of Custody Decrees: Law And Reason V. The Restatement, Albert A. Ehrenzweig
Michigan Law Review
After days of bitter contest, a weary judge dissolves the marriage bond and, lacking Solomon's sword, allots the child to his mother. Thus the stage is set for the second act of the tragedy. Craving a new life for herself and her child, the mother moves to another state, and the father, seeing his right of visitation thus put in jeopardy, pleads the mother's removal in the original court which, loyal to the more faithful citizen, now awards custody to him. Should a judge of the mother's new home state heed this change? And again, what should be done if …
Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.
Conflict Of Laws-Full Faith And Credit As Applied To Statutes, George D. Miller, Jr. S.Ed.
Michigan Law Review
While the full faith and credit clause of the Constitution makes no apparent distinction between judgments and public acts, it is clear that statutes have not been afforded the same degree of full faith and credit as judgments. Whether or not a statute will receive full faith and credit has been questionable in most cases, and serious problems of prediction still arise.
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Apportionment Of The Federal State Tax In The Absence Of Statute Or An Expression Of Intention, William P. Sutter
Michigan Law Review
Federal law now provides in sections 826 (c) and (d) of the Internal Revenue Code that life insurance and property transferred by appointment shall bear their proportionate tax burden. It does not contain similar provisions with respect to other types of non-probate property. At the present time, twenty states provide by statute for some sort of apportionment of estate taxes. Two states have statutes restricting apportionment in some degree. In the rest, the matter rests in the discretion of the courts. I propose to discuss in this article the situation in those areas where no statutory guidance exists.
Trusts-Charitable Trusts-Effect Of Nationalization Act On Gifts To English Hospitals, George D. Miller, Jr. S. Ed.
Trusts-Charitable Trusts-Effect Of Nationalization Act On Gifts To English Hospitals, George D. Miller, Jr. S. Ed.
Michigan Law Review
Complainant held property under a trust created by a Rhode Island will, the validity of which had previously been determined by the Rhode Island court. Respondent hospitals were remainder beneficiaries of the trust, the gifts to them being subject to certain limitations on their use. Respondent churches were named in the trust deed as alternative legatees "in case any of my preceding gifts, specially my gifts to Public purposes, should fail .... " The remainder interests vested, and partial distribution of the corpus was made in 1939. In 1946 the National Health Service Act was passed in Great Britain which …
The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.
The Law Of Belligerent Occupation In The American Courts, Morris G. Shanker S.Ed.
Michigan Law Review
This comment will investigate the extent to which the law of belligerent occupation has actually become a part of the American municipal law, and thereby attempt to determine whether it was properly applied in this case.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Conflict Of Laws-Property-Law Governing Mortgage Deficiency Judgments, William O. Allen S.Ed.
Michigan Law Review
Defendant, a Michigan corporation, became a guarantor on a mortgage of land located in Alabama. Both the mortgage and underlying note were executed in Alabama and the note was payable there. Upon default, mortgagee, acting under a power of sale, foreclosed the mortgage and became the purchaser at the sale, which was duly conducted according to Alabama law. Mortgagee then brought this action in the federal district court for Michigan to recover the deficiency remaining due after foreclosure. Defendant claimed that the fair market value of the mortgaged property exceeded the balance due on the mortgage debt, and that under …
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Conflict Of Laws - Negotiable Instruments - Situs Of Bearer Bonds Under The Trading With The Enemy Act, W. H. Bates S.Ed.
Michigan Law Review
ln a suit on a negotiable instrument, a problem arises as to just how many places can claim valid jurisdiction. Thus, where the domiciles of the parties to a negotiable instrument are diverse, there are several jurisdictional possibilities. For example, with regard to a negotiable bearer bond it may be said that there is sufficient contact with the parties and/or the property (1) at the place where it was issued, (2) at the present location of the certificate of indebtedness, (3) at the location of the debtor corporation's office or principal place of business, or (4) in the state of …
Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review
Fifth Series Of Thomas M. Cooley Lectures, Michigan Law Review
Michigan Law Review
The fifth series of Thomas M. Cooley Lectures will be given on April 15, 16, and 17 at 4:15 p.m. in Room 120, Hutchins Hall, University of Michigan Law School. The lecturer will be Professor Hessel E. Yntema of the University of Michigan Law School faculty. He will speak on the general subject, "Perspectives in Conflicts Law."
Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston
Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston
Michigan Law Review
Husband and wife, living in Ohio, were separated in 1945, the only child going to live with the paternal great-grandfather in Pennsylvania. Husband and wife were divorced in Ohio in April 1949. Custody of the child was awarded the wife, but because of the wife's defective vision the child was to remain temporarily with the great-grandfather; it was further provided that the custody question could be relitigated after eighteen months. On October 26, 1949, the wife got a further Ohio decree awarding her sole custody. The great-grandfather refused to surrender the child, and wife filed a petition for habeas corpus …
Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.
Michigan Law Review
Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no …
Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.
Conflict Of Laws-The Nature Of Statutes Of Limitation, Nancy J. Ringland S. Ed.
Michigan Law Review
Several recent cases have again focused the attention of the courts on the nature of statutes of limitation; the question is whether they are procedural or substantive. For purposes of the conflict of laws this distinction is important, for it is universally agreed that in conflicts cases the substance of the cause of action is governed by the law of the place where it accrued, and the procedural aspects are governed by the law of the forum. There is no doubt that the theory which holds the usual statutes of limitation procedural in nature prevails in this country today, but …
Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.
Conflict Of Laws-Enforcement Of Foreign Claims For Taxes And Workmen's Compensation Premiums, C. J. Rice S. Ed.
Michigan Law Review
By reason of work done in Ohio, defendant-employer came within the provisions of that state's compulsory workmen's compensation law. The State of Ohio sought to collect insurance premiums due the state fund by an action brought in a Kentucky court. Defendant demurred on the ground that the claim was in the nature of one for taxes, and hence unenforceable extraterritorially. On appeal from an order sustaining the demurrer, held, reversed. Regardless of whether or not the claim for premiums can be classified as one for taxes, Kentucky courts may act as forums for the collection of foreign tax claims. …
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Constitutional Law-Relation Of Federal And State Governments- Title Of United States To Tidelands, John K. Delay, Jr.
Michigan Law Review
For the past decade and a half, one of the most harrassing problems in the realm of federal-state relationships has been that concerned with the ownership of the so-called "tidelands." This struggle of interests, which involves 23,000 square miles of offshore lands within the boundaries of the littoral states, has developed since 1937; for prior to that time, the Federal Government recognized the states' claims, making no assertion of federal ownership. The development of the conflict appears to be coextensive with the discovery and development of valuable mineral deposits found under these submerged lands, which have been leased to private …
Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Admiralty-Conflict Of Laws-Erie R. R. Co. V. Tompkins Distinguished In Maritime Matters, Thomas Hartwell S.Ed.
Michigan Law Review
Plaintiff, a resident of Massachusetts, brought suit in the law side of the federal district court in Massachusetts for injuries sustained as a passenger aboard defendant's ship while it was docked in Sweden. Defendant, a Swedish corporation, defended on the ground that a contract stipulation as expressed on the back of plaintiff's ticket relieved it of liability. The ticket had been purchased in Sweden. The lower court, citing only American authorities, held that the. effect of the contract provision was to relieve defendant. On appeal, held, remanded. The cause of action asserted is a maritime tort; hence the substantive …
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Conflict Of Laws-Wrongful Death-Suit By Foreign Administration, Douglas L. Mann S.Ed.
Michigan Law Review
Plaintiff, an administrator appointed by an Illinois probate court, brought suit in Michigan under the Indiana death act1 to recover for the wrongful death of decedent which resulted from an accident occurring in Indiana. The trial court sustained defendant's motion to dismiss on the ground that plaintiff had no standing to sue in a Michigan court. Held, reversed. The rule barring actions brought by foreign administrators does not apply to suits brought under the usual type of wrongful death act. Howard v. Pulver, (Mich. 1951) 45 N.W. (2d) 530.
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 …
Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.
Michigan Law Review
When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …
Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.
Conflicts Of Law-Negotiable Instruments-Situs Of Bearer Bonds, Paul M.D. Harrison S.Ed.
Michigan Law Review
By a Vesting Order, the Alien Property Custodian vested in the Attorney General property of an enemy alien which consisted of a "certain debt or other obligation" underlying bonds issued by the defendant corporation. The defendant corporation was ordered to cancel the said bonds and deliver the proceeds of the redemption and accrued interest to the Attorney General. Upon the trial of the action brought by the Attorney General to enforce these demands, it appeared in evidence that the bond certificates had last been located in the Russian sector of Berlin, Germany, and were there seized by the occupying authorities. …
Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.
Labor Law--Federal-State Relations--Validity Of State Law Abolishing The Right To Strike For Employees Of Public Utilities, Rex Eames S.Ed.
Michigan Law Review
In 1948, petitioner-union of the employees of the transit system in the City of Milwaukee called a strike upon failure to agree with the transit company on wages, hours, and working conditions. Under the Wisconsin Public Utility Anti-Strike Law, a state court issued an injunction perpetually restraining petitioner from calling a strike which would cause an interruption of the passenger service of the transit company; petitioner complied therewith. The Wisconsin Supreme Court affirmed the issuance of the injunction, and the United States Supreme Court granted certiorari. Thereafter, the United States Supreme Court granted certiorari to a union of the employees …
Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.
Conflict Of Laws-Death By Wrongful Act-Recovery Under Foreign Statute, Douglas L. Mann S. Ed.
Michigan Law Review
A was killed in an automobile accident occurring in Illinois. Alleging that defendant wrongfully caused A's death, A's administrator sought recovery in Wisconsin, basing his claim on the Illinois death act. The trial court granted defendant's motion for summary judgment. Held, affirmed, two justices dissenting. The Wisconsin death act allows recovery of damages for wrongful death "provided, that such action shall be brought for a death caused in this state." It follows that maintenance of an action for a death caused in a sister state is against the public policy of Wisconsin. Hughes v. Fetter, 257 …
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Trusts-Resulting Trust In Registered Automobile, William P. Sutter S.Ed.
Michigan Law Review
Suit was brought by plaintiff against the administrator of the estate of X to establish title to an automobile which plaintiff alleged had been purchased with funds furnished by her. Title was in the name of deceased, X, in whose name plaintiff claimed to have registered the car because she did not drive and X would do most of the driving. The sole heir of X was permitted to intervene as a party defendant and claimed that lawful ownership had been in X. Decree was for defendants and it was directed that the car be turned over to …