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Articles 1111 - 1140 of 1724

Full-Text Articles in Courts

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington Apr 1965

Controlling The Police: The Judge's Role In Making And Reviewing Law Enforcement Decisions, Wayne R. Lafave, Frank J. Remington

Michigan Law Review

We have chosen to focus here upon judicial involvement (1) in determining whether arrest and search warrants should issue and (2) in reviewing such decisions after they have been executed (and, perhaps, made) by police officials. A comparison of some recent findings respecting the actual practice at the trial level with the "ideal" as set forth in appellate opinions may allow some conclusions to be drawn both as to the present effectiveness of appellate rulings on these subjects and as to the ultimate feasibility of further implementation of those rulings. Finally, since the exclusionary rule is, theoretically at least, one …

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Voluntary Payments To Widows Of Corporate Executives: Gifts Or Income?, Paul A. Rothman May 1964

Voluntary Payments To Widows Of Corporate Executives: Gifts Or Income?, Paul A. Rothman

Michigan Law Review

The solicitude of hardhearted corporations for the widows of corporate executives has given rise to an abundance of cases involving the question whether payments to these widows constitute gifts or income. In the cases to be considered in this comment, payments are made by the corporation to the decedent's widow on a purely voluntary basis. In the typical situation, the board of directors adopts a resolution eulogizing the decedent and authorizing payments to his widow in recognition of his long and faithful service. In most cases, these payments are measured by the decedent's salary and continue for periods ranging from …

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Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle Mar 1964

Constitutional Law-Elections-Jurisdiction Of State Courts To Entertain Actions Arising Out Of Congressional Elections, C. Douglas Kranwinkle

Michigan Law Review

Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and …

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The Constitution And Preclusion/Res Judicata, Allan D. Vestal Nov 1963

The Constitution And Preclusion/Res Judicata, Allan D. Vestal

Michigan Law Review

The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …

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The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder Jun 1963

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

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Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed. Jun 1963

Federal Jurisdiction-Three-Judge Courts-The Recent Evolution In Jurisdiction And Appellate Review, Peter W. Williamson S.Ed.

Michigan Law Review

This comment seeks to analyze each decision against its historical background. No more than a proforma attempt will be made to integrate one decision with the others, for sufficient material is not yet available to predict with any accuracy the Court's ultimate achievements in this important area of federal civil procedure.

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Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock May 1963

Courts-Scope Of Authority-Sterilization Of Mental Defectives, William R. Warnock

Michigan Law Review

Respondent, age nineteen, appeared before the probate court of Muskingum County, Ohio, upon an affidavit filed by her mother alleging the child to be feeble-minded and in need of medical treatment. Results of psychological tests were presented at the hearing, revealing that respondent had an intelligence quotient of thirty-six and was therefore a feeble-minded person within the statutory definition. Respondent had had one illegitimate child, for whom she was unable to provide even rudimentary care or financial support, and was physically capable of bearing more children. Taking judicial notice that the state mental hospitals were then overcrowded and unable to …

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Virtue: Survey Of Metropolitian Courts, Final Report, Paul L. Adams Mar 1963

Virtue: Survey Of Metropolitian Courts, Final Report, Paul L. Adams

Michigan Law Review

A Review of Survey of Metropolitian Courts, Final Report. By Maxine B. Virtue.

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Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas Feb 1963

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.

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Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel Jan 1963

Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel

Articles

During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …

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Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed. Dec 1962

Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.

Michigan Law Review

The Consul General of Venezuela filed a complaint in a federal district court, pursuant to treaty and statute, seeking the extradition of former President Perez Jimenez for the crimes of murder and embezzlement. While the required extradition hearings were pending, Venezuela sought to use the civil deposition and subpoena procedure8 to compel several New York banks to produce records of deposits and to give depositions concerning the accounts of Jimenez and his alleged confederates. Jimenez moved for a protective order' to prevent Venezuela from obtaining and using these records as evidence against him in the extradition hearings. On appeal from …

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The Constitution And Contempt Of Court, Ronald Goldfarb Dec 1962

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

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Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed. Dec 1962

Federal Courts-Jurisdiciton-District Court Transfer Of Action Under Section 1406(A) Without Jurisdiction Over Person Of Defendant, J. Patrick Martin S.Ed.

Michigan Law Review

In 1956 plaintiff corporation brought a private antitrust action against various persons and corporations in a federal district court in Pennsylvania. Service was made upon defendant corporations by means of alias summonses in New York where they were amenable to suit. Since defendant corporations were not inhabitants of, "found," or transacting business in Pennsylvania, venue was improper there and the extraterritorial service of- process provision of the Clayton Act was not available to plaintiff. Defendant corporations moved to dismiss for lack of in personam jurisdiction. Instead, however, the court, invoking section 1406(a) of the Judicial Code, transferred the action in …

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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 Nov 1962

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 …

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Declaratory Judgments-Avoidance Of Peril-Refusal To Adjudicate Rights Of Will Beneficiary Under No-Contest Clause-Testator, Burton L. Raimi S.Ed Nov 1962

Declaratory Judgments-Avoidance Of Peril-Refusal To Adjudicate Rights Of Will Beneficiary Under No-Contest Clause-Testator, Burton L. Raimi S.Ed

Michigan Law Review

Testator, plaintiff's father, acquired property in the joint names of himself and his wife by using money belonging to his wife. At her death testator claimed sole ownership of the property as the survivor. Plaintiff agreed not to probate his mother's will if testator would bequeath the property to his children. Also, testator agreed that if he should remarry he would, by a prenuptial agreement, make it possible to carry out the plan. The agreement was not reduced to writing. Testator remarried and shortly thereafter executed a will in which he disregarded the verbal agreement and left a substantial part …

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Congressional Repair Of The Erie Derailment, Leonard V. Quigley Jun 1962

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.

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Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg Jun 1962

Federal Courts-Choice Of Law-Refusal To Apply State Limitation To Federally-Created Right, Paul Tractenberg

Michigan Law Review

Plaintiffs, two corporations and a joint venture, brought suit in a federal district court in California for damages arising from alleged unfair labor practices by defendant unions. Jurisdiction was based primarily on section 303(b) of the Labor-Management Relations Act which creates a private right of action in persons injured by unlawful secondary boycott activities. Defendants moved to dismiss, contending that the action was barred by the applicable statute of limitations, which, in the absence of any federal limitation specifically pertaining to actions under section 303, was the appropriate California statute. Plaintiffs, on the other hand, maintained that the pervasiveness of …

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Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar May 1962

Administrative Procedure-Enforcement Of Nlrb Orders-Power Of Cour Of Appeals To Modify Scope Of Consent Order, Lee D. Powar

Michigan Law Review

A complaint issued by the National Labor Relations Board charged respondents, an employer and two labor unions, with illegally maintaining a closed or preferential shop. Following the issuance of the complaint, a settlement agreement was reached in which respondents stipulated to waive a hearing and all other proceedings to which they might be entitled under the National Labor Relations Act or under rules and regulations of the Board. Respondents also consented to the entry of a broad cease-and-desist order and a subsequent decree in which they were ordered to refrain from unlawful preferential hiring arrangements with each other, or with …

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Constitutional Law - Equal Protection - Racial Segregation Of Spectator Seating In Courtroom, Thomas W. Van Dyke Feb 1962

Constitutional Law - Equal Protection - Racial Segregation Of Spectator Seating In Courtroom, Thomas W. Van Dyke

Michigan Law Review

Defendant, judge of a municipal court in Virginia, assigned seating on the basis of race in that part of his courtroom reserved for spectators and for those awaiting the call of their business before the court. The same number of seats were provided for Negroes as for whites. There was no separation of the races in the area immediately before the bench nor was there any complaint of discrimination in the administration of justice. Plaintiffs are Negroes who have been required on more than one occasion to occupy seats in the spectator section on a racially-segregated basis. In a suit …

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Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue Jan 1962

Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue

Michigan Legal Studies Series

Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …

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Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr. Dec 1961

Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.

Michigan Law Review

Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …

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Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed Nov 1961

Evidence- Hearsay-Scope Of Federal Rule 43(A), David K. Kroll S. Ed

Michigan Law Review

The clocktower of plaintiff county's courthouse buckled and collapsed into the courtroom below. Charred timbers were found in the wreckage. Several residents reported that they saw lightning strike the tower five days before the collapse. Plaintiff carried insurance for loss by fire or lightning, and sued the insurers when they denied liability. Defendant claimed that the tower collapsed of its own weight because of faulty design, deterioration, and overloading. To account for the charred timbers defendant introduced into evidence a fifty-eight-year-old newspaper article from the files of the city newspaper describing a fire in the courthouse during its construction. The …

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Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider Nov 1961

Llewellyn: The Common Law Tradition- Deciding Appeals, Luke K. Cooperrider

Michigan Law Review

A Review of The Common Law Tradition- Deciding Appeals. By Karl N. Llewellyn.

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Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed. Mar 1961

Conflict Of Laws-Law Applicable In Federal Courts-Federal Law Applied To Contractual Relations Of Admiralty Lawyer, Robert E. Thorne S.Ed.

Michigan Law Review

Plaintiff attorney was retained by a Spanish seaman to prosecute personal injury claims under the Jones Act and the general maritime law. Defendant shipping company induced the seaman to fire his lawyer and to recover instead under his Spanish employment contract. Plaintiff sued the shipping company in tort for interference with contractual relations. In a federal diversity suit, held, for plaintiff. Federal common law should be applied to determine the validity of the contract and the claim of tortious interference with it. Greenberg v. Panama Transp. Co., 185 F. Supp. 320 (D. Mass. 1960).

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No-Strike Clauses In The Federal Courts, Frank H. Stewart Mar 1961

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.

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Attachment And Garnishment In The Federal Courts, Brainerd Currie Jan 1961

Attachment And Garnishment In The Federal Courts, Brainerd Currie

Michigan Law Review

Personal injuries allegedly caused by the negligent manufacture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, amenable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, invoking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of summons, the plaintiff, in conformity with Arkansas statutes, …

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Dawson: A History Of Lay Judges, Spencer L. Kimball Jan 1961

Dawson: A History Of Lay Judges, Spencer L. Kimball

Michigan Law Review

A Review of A History of Lay Judges . By John P. Dawson

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Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill Jan 1961

Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill

Michigan Law Review

Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …

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Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger Dec 1960

Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger

Michigan Law Review

Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …

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Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume Nov 1960

Chancery Practice On The American Frontier: A Study Of The Records Of The Supreme Court Of Michigan Territory, 1805-1836, William Wirt Blume

Michigan Law Review

The act of Congress of January 11, 1805, which created Michigan Territory out of Indiana Territory, provided that the new territory should have a government "in all respects similar" to that provided for the Northwest Territory by the Ordinance of 1787. The Ordinance had provided for the appointment of a court to consist of three judges who should have "a common law jurisdiction. "

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