Insurance Law Commons^™

Administrative Law Problems In The Unemployment Insurance Program, Reginald Parker

Vanderbilt Law Review

"A good government," Albert Einstein said recently, "not only gives its citizens a maximum amount of liberty and political rights but also provides for a certain amount of economic security."' Our Constitution provides for political rights and liberties but not for economic security. Unlike foreign federal constitutions it neither provides for it directly nor delegates social legislation to the states; nor does the Constitution expressly prohibit this type of law. As, however, the Constitution authorizes the states to exercise powers not reserved to the central government, it may be deduced that unemployment relief legislation is within the competence of the …

Book Reviews, Lloyd P. Stryker, Howard J. Graham (Reviewer)

Vanderbilt Law Review

Book Reviews

The American Lawyer

Albert P. Blaustein Charles O. Porter with Charles T. Duncan Chicago: The University of Chicago Press,1954. Pp. xiii, 360. $5.50.

reviewer: Lloyd Paul Stryker

===================================

American Business Corporations Until 1860; with Special Reference to Massachusetts

By Edwin Merrick Dodd. Cambridge: Harvard University Press, 1954. Pp. xix, 524. $7.50

reviewer: Howard Jay Graham

Disqualification For Unemployment Insurance, Paul H. Sanders

Vanderbilt Law Review

Our public arrangements in this country for compensating unemployment (including the aggregate of federal and state legislation to that end) are quite properly referred to as an "insurance" program.' Study of the elements of coverage in an insurance policy will be found instructive, therefore, in the matter of eligibility and disqualification for unemployment benefits. A contract of insurance is designed to transfer certain defined risks from the insured to the insurer. The risks selected for this process in a particular policy will be described or stated affirmatively in its provisions. Certain exclusions from the risk may be specified for even …

The Coverage Of Unemployment Compensation Laws, Alanson W. Willcox

Vanderbilt Law Review

The federal tax which induced the states to enact unemployment compensation laws set a pattern of coverage which the states were under pressure to meet, but which they were wholly free to exceed. With notable exceptions, state coverage is shaped to conform with federal law. In this matter, indeed, federal leadership is so far accepted that the charge of federal "dictation" has not, as it has in other aspects of unemployment compensation, prevented some expansion of the system by federal initiative.

Coverage of the Federal Unemployment Tax Act starts with the concept of "employment" as the determinant of tax liability, …

The Place Of Unemployment Insurance Within The Patterns And Policies Of Protection Against Wage-Loss, Stefan A. Riesenfeld

Vanderbilt Law Review

The following paper deals with an intricate and perplexing subject, covering an enormous expanse. For modern society has produced income-maintenance schemes of infinite variety and tremendous complexity. Perhaps the most outstanding and important point is the fact that it has developed them at all. When, however, it comes to classifying the different existing systems and to unraveling and correlating their underlying policies, a task resembling the labor of the Danaides is assumed.

A Symposium On Unemployment Insurance - Foreword, Stuart Rothman -- General Counsel, Federal Security Agency

Vanderbilt Law Review

Any statutory program which has such an impact on our economic life is worth consideration by law students and lawyers. More and more, workers and employers will need to consult with lawyers about their rights under the unemployment insurance laws. An increasing number of unemployment insurance cases are being appealed to the courts and an increasing amount of unemployment insurance legislation is being introduced in state legislatures. This symposium will give law students, lawyers, judges and legislators some background information, as well as a discussion of significant legal problems; it will help all to a better understanding of the unemployment …

The Development Of Unemployment Insurance In The United States, Arthur Larson, Merrill G. Murray

Vanderbilt Law Review

The federal-state system of unemployment insurance in the United States is the result of a combination of influences. At its inception, it was influenced by experience with unemployment insurance abroad, by experience with voluntary plans already in existence in this country, by bills that had been introduced in state legislatures over a period of years, and by a number of studies that had been made by official commissions and students of the subject. Its structure was also considerably affected by the fact that those chiefly responsible for drawing up the original legislation had a background of experience in the administration …

Experience Rating: Its Objectives, Problems And Economic Implications, Edwin R. Teple, Charles G. Nowacek

Vanderbilt Law Review

Within a decade, the system of rate differentiation which has become one of the distinctive characteristics of the unemployment insurance program in the United States spread from the North Woods to the shores of the Gulf of Mexico. The idea so vigorously advocated by Professors John R. Commons and Harold M. Groves, and their Wisconsin colleagues, having been first put into effect under the Wisconsin Law in 1938, was finally incorporated in the Mississippi Law in 1948. Though unknown to the older European systems, experience rating thus took a firm grip upon the program in this country.

Eligibility For Benefits, Lee G. Williams

Vanderbilt Law Review

The various state unemployment compensation statutes measure eligibility for unemployment "benefits" or "insurance" or "compensation" by means of a variety of yardsticks. "In the Federal-State system of unemployment insurance established in this country under the Social Security Act, the individual states have been free to develop the particular program that seems best adapted to conditions prevailing within the State. Consequently no two state laws are alike; and the differences are increased by amendments from year to year."

The term "eligibility," as used in the unemployment compensation field, includes many statutorily prescribed factors which themselves differ from state to state. These …

Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young

Michigan Law Review

Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …

A New Tribunal Of The State Of Washington, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch

Indiana Law Journal

No abstract provided.

Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood

Michigan Law Review

A collection of recent important court decisions and book reviews.

Note And Comment, John B. Waite, Werner W. Schroeder, Russell H. Neilson, Harry L. Bell, Walter F. Whitman, C E. Eldridge

Michigan Law Review

Recovery of the Purchase Price Before Title Has Passed - In an action recently instituted' by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Economic And Legal Basis Of Compulsory Industrial Insurance For Workmen I, James Harrington Boyd

Michigan Law Review

It is proposed to present to the readers of the Michigan Law Review, the economic and legal basis for the substitution of a new remedy, namely, compulsory industrial insurance for workingmen, in lieu of the common and statutory liability law remedies, as a means for compensating workmen who are injured in the due course of their employment. In Part I, it will be shown not only that the common (and liability) law remedy in its present form does not furnish compensation of any kind in to exceed 12% of the cases of injuries to employees, and even in those cases …

Recent Important Decisions, Michigal Law Review

Michigan Law Review

Appeal and Error--Attorney's Interest in Case on Appeal--Contingent Fee; Bankruptcy--discharge--subsequent Action for Fraud; Bills and Notes--Usury No Defense Against a bona Fide Holder--Construction of Negotiable Instruments Statute; Boundaries--Street, Terminus A Quo; Carriers--Hepbern Act--State and Federal Courts--Phrase "Caused by It"; Chattel Mortgages--Payment without Notice of Assignment--Construction of a Mortgage Provision; Constitutional Law--Equal Protection of Laws--Statute Requiring Screens on Cars Operated by Corporations; Constitutional Law--Equal Protection of the Laws--Class Legislation; Contracts--No Recovery Under an Entire Illegal Contract; Contracts--Validity of Contract in Contemplation of Divorce; Courts--Federal Courts--authority of Decision of State Courts--"Telegraph"; Covenants--Breach of that Against Incumbrances; Elections--Ballots--Indication of Choice by Voter; Evidence--Facts …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Corporation "Engaged Principally in Manufacturing"; Bankruptcy--Invalidity of Liens for Want of Record; Bills and Notes--Effect of Agreement to Pay Attorney's Fees on Negotiability; Boundaries--Street--Riparian Rights; Carriers--Negligent Delay of Passenger--Liability; Constitutional Law--Due Process of Law--Banking--Guaranty Fund; Constitutional Law--Vested rights--rights in Navigable and Non-Navigable Waters; Contracts--Performance of Building Contract; Corporations--Capital Stock--Trust Fund--Right of Bank to Purchase its own Stock; Corporations--Ownership of Stock--Unlawful Pledge--Rights of Pledgee; Damage--Breach of Covenant Against Incumbrances--Though Incumbrance Removed Nominal Damages Recoverable; Divorce--Grounds--Extreme Cruelty--Malicious Charges; Dower--Right to Dower--Divorce--Interlocutory Decree; Evidence--difference Between Burden of Proof and burden of Evidence; Evidence--Proof of Death--Privileged Communications Between Husband and Wife; Homestead--Fraudulent Conveyance--Right of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Actions--Moot Questions Not Decided; Automobiles--Dangerous Machines--Liability of Owners for Misuse; Bankruptcy--Debts Discharged--Fraud--Election of Remedies; Bankruptcy--Jurisdiction of Court--Property in Other Districts; Bills and Notes--fictitious or Non-Existing Indorsee--Knowledge of Indorser; Bills and Notes--Notice of Dishonor--Effect of Constructive Waiver; Carriers--Injuries to Passengers--Riding on Platform--Question for Jury; Chattel Mortgages--Bill of Sale and a Lease Constituting a Mortgage--Question of Law; Constitutional Law--employer's Liability Act--Right to Sue in State Court; constitutional Law--Police Power--Trade Marks--Reuse of Original Packages; Deeds--Date--Presumption as to Time of Delivery; Deeds--Effect of an Assignment Indorsed Thereon; Divorce--Allowance of Temporary Alimony; Elections--Use of voting Machines--Unconstitutional; Evidence--Judicial Notice that Voltaire's Works are not Immoral or …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Evidence of Performance--right to Compensation--Acting for both Parties; Assignment for Benefit of Creditors--Marshaling Assets; Bonds--Bona Fide Purchasers--Mandamus--Redemption of Bonds; Carriers--may, as Lessors, Contract for Total Exemption from Liability for Negligence; Constitutional law--Jurisdiction of Federal Courts to Review Contempt Proceedings in State Court; Contracts--Accord and Satisfaction--Consideration; Criminal Law--Venue--Statutes--Validity; Damages--Conversion; Deeds--Construction--Intent of Parties; Deeds--Seal Essential; Dower--rights of Widow Pending Assignment--Possession of Lands; Eminent domain--Interurban Railways; Evidence--Presumption as to Foreign Law; Fee Simple Estate--Restraints on Alienation; Fraudulent Conveyances--Sales in Bulk--Validity as Between the Parties--Lien for Price; Husband and Wife--Separation Agreements--Validity; Insurance--Fire--Concurrent Insurance; Insurance--Mutual Benefit--Unreasonable Change of By-Laws; Judgment--Res Judicata; Master and Servant--Liability of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Bankruptcy--Insurance Policies--Cash Surrender Value; Bankruptcy--Partnership and Individual Assets; Bills and Notes--Payment by the United States of Pension Checks on Forged Indorsements--Recovery of Payment; Common Carriers--Defective Transfers; Constitutional Law--Commerce in Intoxicating Liquors--License Tax of Traveling Salesman; Constitutional Law--Equal Protection of the Law--State Statute; Constitutional law--Police Power--Flag Legislation; Contracts--Assignments of--Right of Assignee Against Debtor; Corporations--Acquisition of Exemption in Merger; Deeds--Construction and Operation--Reservation and Exception; Deeds--Suit to Set Aside--Duress of Wife--Parties in Pari Delicto; Evidence--Confessions to One Not in Authority--Admissibility; Foreign Corporations--Effect on contracts of Failure to Register--Contracts; Fraud--Independent Investigation; Frauds, Statute of--agreement to Deal in Lands; Husband and Wife--Right to Disposition of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency--Husband as Agent of Wife in Transfer of Real Property; Assignment of Insurance Policy--Change of Beneficiary; Banks--Deposits Made by Estate in Trust for Another; Chattel Mortgages--When Void as Against Trustee in Bankruptcy of Mortgagor; Constitutional Law--Class Legislation--Restrictions upon Building and Loan Associations; Corporations--Foreign, Transacting Business in State--Right of Action--Condition Precedent--Interstate Commerce; Corporations, Insolvent--Preferring Creditors--Directors; Damages--Breach of Contract; Damages--Mental Suffering Unconnected with Physical; Deeds--Delivery to a Third Person--Requisites; Deeds--Signing by One not Named as Grantor; Election Contest--Tie Votes--Effect; Injunction--Special Injury--Street Improvement; Insolvency of Building and Loan Associations--Borrowing Shareholder--Credits; Insurance--Delay in Making Proofs of Death when Blanks were to be Furnished by …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Administrators--Right to Convey Inchoate Homestead; Agency--Scope of Authority--Sunday Contract; Assignment for the Benefit of Creditors--Action to set Aside; Bankruptcy--Discharge--Debt Created in Fiduciary Relation--Laundry Agent; Bills and Notes--Banks--Payment of Draft to Impost--Liability to Drawer; Chattel Mortgages-Validity--Mortgagor's Possession and Power of Sale in Ordinary Course of Business; Constitutional Law--Due Process at Law--Forfeiture of Lands for Failure to Pay Taxes; Constitutional Law--Local Option Law--Use of Liquors in Religious Worship--Discrimination; Contract for the Benefit of Third Persons--Enforcement by Beneficiary--Assignment; Corporations--Oral Subscription to Stock--Statute of Frauds; Corporations--Promissory Notes--Proof of Execution; Courts--Jurisdiction of State Court to Enjoin a Receiver Appointed by Federal Court; Damages--Automobiles--Frightening Horses--Excessive Speed; …

Lake Superior Mining Co. V. Catharine Erickson, Thomas M. Cooley

Articles

"Where a mining company let a contract for taking out a certain quantity of ore, but employed persons of supposed skill to watch for dangers from loosened rocks, and in other ways retained a control over the mode of mining, and a servant of the contractors was killed by the falling of a rock, the danger from which ought to have been detected and guarded against: Held, that the mining company was responsible."