Courts Commons^™

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Congressional Repair Of The Erie Derailment, Leonard V. Quigley

Michigan Law Review

It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.

No-Strike Clauses In The Federal Courts, Frank H. Stewart

Michigan Law Review

One consideration will support several promises. A promisor may extract more than one promise in return for his single undertaking to do - or not to do. It depends upon his bargaining power. His single undertaking may be so valuable that several promises are necessary to induce him to act, or not to act. He is privileged to hold out for the best deal. The law does not examine his motives or reduce his demands. And from this arises the common- law principle that one consideration may support several promises.

Administrative Law - Administrative Procedure Act- Status Of Tax Court, James Cripe

Michigan Law Review

Petitioner instituted this action before the Tax Court for a review of rulings by the Commissioner of Internal Revenue determining deficiencies in the payment of his income taxes. The Tax Court held that it was not subject to the Administrative Procedure Act and had no means whatever of bringing before it the entire record, so called, that was before the Commissioner. On appeal, held, affirmed. Judicial review of the "whole record" mentioned in section 10 (e) of the Administrative Procedure Act envisages, in the case of adjudication, a review of the record made in cases governed by sections 5, …

"Federal Question" Jurisdiction -- A Snare And A Delusion, Ernest J. London

Michigan Law Review

Poorly defined criteria in the area of jurisdiction are especially wasteful, generating as they often do expensive and protracted litigation over threshold issues, rather than promoting the speedy determination of lawsuits on their merits. One of the most perplexing exercises in American law practice is the effort to define with certainty the original jurisdiction of the lower federal courts in matters where there is no diversity of citizenship. Although this general head of federal jurisdiction has persistently and pervasively been characterized as "federal question" jurisdiction, it is doubtful whether there is, in fact, original jurisdiction in the lower federal courts …

Jury - Pre-Trial Selection - Suggested Improvements, Edward B. Stulberg

Michigan Law Review

Over the course of the past twenty years, the desirability of trial by jury has been a subject of constant debate. In contrast, the matter of jury selection has been given little direct attention. Yet it is obvious that if consideration is given to improvements in selection procedure aimed primarily at raising the calibre of the jury panel, disappointment in the judicial process due to the general ineptness of jurors can be decreased. It is true that the fate of a litigant often is entirely within the discretion of the jury. This is not necessarily a reason for the abandonment …

The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes

Michigan Law Review

This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …

Rules Of Practice And Procedure: A Study Of Judicial Rule Making, Charles W. Joiner, Oscar J. Miller

Michigan Law Review

The rule-making power of the courts in the United States is is brought into focus wherever procedural reform is undertaken. As more and more states have undertaken rev1s1on of judicial procedures, the power and authority of courts to promulgate rules of practice and the definition of the scope of such rules have claimed increasingly the attention of legal writers. This trend can be attributed in part to a growing realization that statutes governing practice and procedure in courts, enacted by legislatures meeting every year or two, have failed to achieve that minimum standard in the administration of justice necessary to …

The Statute Of Limitations In Antitrust Litigation, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.

The Statute Of Limitations In Antitrust Litigation Ii, Carl H. Fulda, Howard C. Klemme

Publications

No abstract provided.

The Uniform Code Of Military Justice-New Rights And A Means To Enforce Them, John F. Spindler

Michigan Law Review

The Uniform Code of Military Justice, designed to govern the entire military establishment of the United States, was enacted May 5, 1950, replacing the three separate systems of law theretofore applied to the Army, Navy, and Air Force. Pressure for a uniform code was a reflection of the great surge toward unification of the Armed Services which followed World War II. The new Code, however, is not just a revision and consolidation of the prior systems of military law. World War II, with its great increase in the size of the Armed Services and in the percentage of the population …

Federal Procedure-Jurisdiction-Determination Of Amount In Controversy In Class Actions Under Federal Rule 23, James W. Callison

Michigan Law Review

Plaintiff owned 50 shares of common stock valued at $950. She brought an action in behalf of herself and all other stockholders to enjoin a sale of unissued stock by the corporation to its president, claiming a violation of her preemptive right. The district court ruled on the merits. On appeal, held, the plaintiff's interest was but a small fraction of the $3,000 required to invoke the jurisdiction of the federal courts. Although the action was representative, the claims of other stockholders in a like situation could not be cumulated. Ames v. Mengel Co., (2d Cir. 1951) 190 …

Legislation-Statutes In Pari Materia-Administrative Board Rulings, Robert B. Krueger

Michigan Law Review

Lane's application for an annuity under the Railroad Retirement Act to the lower adjudicative branches of the Railroad Retirement Board was denied. Lane, by claiming that a "grievance" had been created by the railroad's insistence that he had voluntarily resigned from its service in 1933, then brought the matter before the National Railroad Adjustment Board, which found that Lane had been an "employee" of the railroad from 1905 to 1937. When Lane's case was subsequently heard before the Retirement Board, the findings of the lower adjudicative branches of the Board were affirmed and the Board held that it was not …

Legislative Favoritism Before The Court, Daniel J. Dykstra

Indiana Law Journal

No abstract provided.

The Legislative Status Of An Unconstitutional Statute, Earl T. Crawford

Michigan Law Review

Once a statute has been found to violate some constitutional provision, a legislature is faced with a difficult problem of how to change the statute so as to effect the desired policy and still not violate constitutional principles. The general nature of this problem is suggested by such inquiries as these: Will the subsequent overruling of a previous judicial decision declaring a statute unconstitutional require any legislative action to put the statute into effect? Can a statute, which has been held violative of the constitution, be amended by corrective or curative legislation without complete re-enactment if the statute as amended …

Congressional Silence: A Tool Of Judicial Supremacy, Frank Edward Horack Jr.

Articles by Maurer Faculty

No abstract provided.

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye

Michigan Legal Studies Series

The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.

The Proposed Federal Rules Of Criminal Procedure, James J. Robinson

Articles by Maurer Faculty

No abstract provided.

The Doctrine Of Judicial Review And Its Relation To A Declared Purpose Or Policy Of A Statute, Theodore S. Cox

Washington and Lee Law Review

No abstract provided.

The Advent Of The Administrative Process And Its Future, Thomas Frank Konop

Journal Articles

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three …

The Indiana Magistrates Court Act, James J. Robinson

Articles by Maurer Faculty

No abstract provided.

Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review

Michigan Law Review

After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …

The Logan Bill, Gregory Hankin

Kentucky Law Journal

No abstract provided.

Courts Rule - Making Power, Peter S. Boter

Michigan Law Review

A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …

The Proposed United States Administrative Court, Part Ii, Robert M. Cooper

Michigan Law Review

The recent movement for the passage of the Logan bill and the establishment of supervisory tribunals for the control of administrative determinations is the result of several preconceived theories concerning the shortcomings of the present system of administrative justice. These underlying theories, cautiously surrounded by a halo of judicial philosophy, have seldom been analyzed in their relation to the development of a sound policy for the administration of governmental functions. The present installment of this article will be devoted first to an examination of these fundamental theories and a consideration of the question how far the present administrative machinery is …

Constitution Making In 1935-1936, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

The Proposed United States Administrative Court, Robert M. Cooper

Michigan Law Review

The last half century has witnessed a constant, almost relentless, increase of governmental responsibilities and services in both federal and state spheres of control. Due to the changing needs of our economic and social order, the desire for speedy, efficient and inexpensive settlement of controversies and the imperative need of specialized administrators, the task of performing these new functions has not infrequently been delegated to administrative tribunals or commissions. Neither the legislature nor the judiciary was capable of administering the myriad details or countless controversies which inevitably accompanied these new functions of government. As a consequence an administrative branch of …

A Simplified Code Of Appellate Procedure, L. L. Bomberger

Indiana Law Journal

No abstract provided.

Comment Upon Failure Of Accused To Testify, Robert P. Reeder

Michigan Law Review

Last year the American Law Institute and the American Bar Association adopted resolutions declaring that when the defendant in a criminal trial does not testify the prosecution should be permitted to comment upon that fact. They urged the overthrow of a rule of law which have prevailed in the federal courts ever since accused persons were first permitted to give testimony, over fifty years ago, and which has governed the courts of forty-two out of the forty-eight states. The discussions which preceded the adoption of the resolutions have been published. In them the advocates of the change do not show …