Courts Commons^™

Federal Jurisdiction--Pendent Claims--Doctrine Of Pendent Jurisdiction Applies To Claim Of Second Plaintiff--Wilson V. American Chain & Cable Co.; Newman V. Freeman, Michigan Law Review

Michigan Law Review

In Wilson v. American Chain & Cable Co., plaintiff, whose son was injured by a defective lawnmower, brought a diversity action in federal district court on behalf of his son against the manufacturer, alleging damages in excess of the $10,000 jurisdictional minimum. Simultaneously, plaintiff sought recovery in his own name for medical bills and the expense of orthopedic shoes resulting from the injury. Because the latter claim was for less than $10,000, it was dismissed by the district court for lack of subject matter jurisdiction. On appeal to the Third Circuit, held, inter alia, the claim of the …

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …

Statute Of Frauds--The Doctrine Of Equitable Estoppel And The Statute Of Frauds, Michigan Law Review

Michigan Law Review

In 1677 the English Parliament enacted the first Statute of Frauds to prevent "many fraudulent practices, which are commonly endeavored to be upheld by perjury and subornation of perjury." The trial system then existing in England was forced to depend upon unreliable juries, and relied upon few rules of evidence besides the rule treating parties to an action as incompetent witnesses. Thus, in passing the Statute, Parliament sought to minimize the abuses possible under the trial system by providing that virtually no important contract would be enforceable unless reduced to writing.

Advisory Committee On Sentencing And Review: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Post-Conviction Remedies, Daniel J. Meador

Michigan Law Review

A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Post-Conviction Remedies (Tentative Draft) recommended by the Advisory Committee on Sentencing and Review

Evidence--Medical Treatises To Be Admitted As Direct Evidence In Wisconsin--Lewandowski V. Preferred Risk Mutual Ins. Co., Michigan Law Review

Michigan Law Review

Defendant's attorney in a personal injury action sought on cross-examination to impeach plaintiff's physician regarding his determination of the degree of plaintiff's disability by referring to the medical standards set forth in the American Medical Association's Guide to the Evaluation of Permanent Impairment--The Extremities and Back. Pointing to the physician's testimony that he had not relied on the Guide in making his evaluation, the trial court sustained plaintiff's objection that such cross-examination was not permissible. On appeal, the Wisconsin Supreme Court held that the trial court was correct in sustaining the objection in accordance with the established rule that it …

Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller

Michigan Law Review

The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …

Contempt-Injunctions-Federal Civil Contempt Decree Orders Deputy Sheriff To Resign From Office-Lance V. Plummer, Michigan Law Review

Michigan Law Review

During the summer of 1964, a federal district judge issued an injunction prohibiting various St. Augustine, Florida organizations and other persons with notice of the injunction from harassing or intimidating Negroes who were seeking motel or restaurant accommodations. Appellant Lance, an unpaid volunteer deputy sheriff, was not a member of any of the enjoined organizations, but he had actual notice of the order. Nonetheless, six days after the injunction was issued, he engaged in activities designed to intimidate a Negro citizen. In a subsequent civil contempt action arising from these activities, the federal district judge, asserting jurisdiction over him because …

Collective Bargaining And The Antitrust Laws, Theodore J. St. Antoine

Other Publications

A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition-according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will almost inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line …

Determination Of Federal Jurisdictional Amount In Suits On Unliquidated Claims, Michigan Law Review

Michigan Law Review

Hoping to keep federal court dockets free of petty claims and thereby to reduce the delay in bringing to trial controversies involving more substantial sums, Congress has given United States district courts jurisdiction of many civil actions arising under the Constitution, laws, or treaties of the United States and most disputes between parties of diverse citizenship only when the alleged right forming the basis of a claimant's cause of action can be valued at more than ten thousand dollars. The value of a particular claim is determined by reference to those portions of its proponent's pleading which tend to support …

Courts-State Substantive Law Applies In Non-Diversity Actions When Local Interests Predominate-United States V. Yazell, Michigan Law Review

Michigan Law Review

Respondent and her husband received an authorization for a Small Business Administration (SBA) disaster loan and were referred by the SBA Disaster Loan Office to a local counsel employed by the SBA to aid them in complying with the terms of the loan. After personal negotiations with the counsel, a promissory note was signed by the couple on SBA forms specifically tailored to conform to the requirements of state law. This contract was then submitted to the SBA along with a signed chattel mortgage on the Yazell's store fixtures and inventory and a certification by the local counsel that all …

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

The Interstate Child And Uniform Legislation: A Plea For Extra-Litigious Proceedings, Albert A. Ehrenzweig

Michigan Law Review

When I originally offered my re-interpretation of prevailing practice, I did not feel that it would be expedient to make suggestions for alternative solutions because I was then convinced that the courts were doing the very best they could with the procedural tools at their disposal and that there was little hope for an improvement of those tools. However, there is such hope now, and the time has come to help in the search for new answers. In the following discussion, I shall comment on two current proposals for uniform and federal legislation and shall attempt to formulate a tentative …

The Line Between Federal And State Court Jurisdiction, Leslie A. Anderson

Michigan Law Review

From the beginning of this nation, there have been controversies involving the division of jurisdiction between federal and state courts. Often, these controversies have centered on the diversity of citizenship provision of the federal constitution. Today, however, the more poignant question is whether any division of jurisdiction between the federal and state systems retains logical bases.

Although myriad developments have relevancy with respect to this question, I have here focused upon two of the more important ones: the increasing overlap of subject matter being litigated in federal and state courts and the growing uniformity of standards to be applied in …

The Antitrust Expediting Act- A Critical Reappraisal, Robert C. Bonges

Michigan Law Review

The Expediting Act has been subject to some rather severe criticism from the bench and bar. At the extreme, it has been suggested that the act be repealed and the procedure for appealing government civil antitrust cases be completely overhauled. Even proponents of the act have acknowledged its need of revision, but there is little agreement among them on the extent and nature of desirable change. This comment will explore the origins, development, and current role of the Expediting Act in order to help determine what course revision, if it is needed, should follow.

Prejudicial Reliance Upon A Trial Court's Ruling May Result In Suspension Of Federal Rules On Timeliness Of Appeals-Thompson V. Immigration & Naturalization Serv.; Wolfsohn V. Hankin, Michigan Law Review

Michigan Law Review

In Thompson v. Immigration & Naturalization Serv., twelve days after the federal district court had entered an order denying a petition for naturalization, petitioner announced his intention of making motions for a new trial and amended findings of fact. Although the motions must be filed within ten days of the entry of judgment, the judge assured petitioner they were made in ample time, and no objection was raised by the Government. Six months later the motions were denied. Within sixty days of this denial, but not within sixty days of the original judgment, petitioner filed a notice of appeal. …