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Articles 721 - 750 of 771

Full-Text Articles in Law and Economics

Regulation Of Business - Proof Of Seller's Costs In Robinson-Patman Act Buyer Proceedings, Arthur M. Wisehart S.Ed. Feb 1954

Regulation Of Business - Proof Of Seller's Costs In Robinson-Patman Act Buyer Proceedings, Arthur M. Wisehart S.Ed.

Michigan Law Review

The purposes of this comment are to analyze the holding of the Court in the Automatic Canteen case and to relate the language of the opinion to the more general problem of defining the extent of buyer responsibility under section 2(f). As a preliminary matter, however, it is necessary to examine the pertinent statutory provisions. Section 2(f) of the Robinson-Patman Act makes it unlawful for buyers in interstate commerce" ... knowingly to induce or receive a · discrimination in price which is prohibited by this section." In other words, it prohibits buyers from knowingly inducing or receiving the benefit of …

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Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed. Nov 1952

Equity-Specific Performance-Decrease In Money Value Subsequent To The Inception Of An Option Contract Is Not Hardship, Harry T. Baumann S. Ed.

Michigan Law Review

ln 1940 defendant leased his property to the plaintiff for ten years with an option to purchase for $25,000 at any time within the term of the lease. One month before the lease expired, the plaintiff gave defendant notice of his election to exercise the option. Defendant claimed that, subsequent to exercise of the option, a fair bid of $35,000 had been made by a third party and, therefore, he was not required to convey. In an action for specific performance, the trial court held that the subsequent bid was of no effect under the contract, and the plaintiff was …

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Brownell: Legal Aid In The United States., Glenn R. Winters Mar 1952

Brownell: Legal Aid In The United States., Glenn R. Winters

Michigan Law Review

A Review of LEGAL AID IN THE UNITED STATES. By Emery A. Brownell.

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Job-Seeking Aggression, The Nlra, And The Free Market, Sylvester Petro Feb 1952

Job-Seeking Aggression, The Nlra, And The Free Market, Sylvester Petro

Michigan Law Review

Two principles are at war in modem labor relations. One, the principle of free choice of employee representation, underlies all modem labor relations legislation. The other, the principle of absolute proprietary rights in certain work, manifests itself in the traditional jurisdictional dispute but occurs in a broader context as well. The labor relations principle, an attempt to order relations between employers and employees on a civilized basis, requires collective bargaining between employers and the representatives of their employees and further declares that the selection of representatives by employees shall be free of coercive interference by employers. Job-seeking aggression, combatting this …

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Commentary On General Relief Under The Excess Profits Tax Act Of 1950, Thomas N. Tarleau Jan 1952

Commentary On General Relief Under The Excess Profits Tax Act Of 1950, Thomas N. Tarleau

Michigan Law Review

Analysis of an excess profits tax involves inquiries which are essentially foreign to the concepts of ordinary income taxation. The question of excess profits arises only after taxable income has been defined and characterized, its recipients determined and the time of receipt established. The problem is to divide taxable income into two components, one representing the corporation's normal profits, which it is permitted to enjoy free of the penalty tax, and the balance which is deemed to be "profits due to the outbreak of hostilities and to large military expenditures." Under the Excess Profits Tax Act of 1950, as was …

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Hardman & Neufeld: The House Of Labor, Morris D. Forkosch Dec 1951

Hardman & Neufeld: The House Of Labor, Morris D. Forkosch

Michigan Law Review

A Review of THE HOUSE OF LABOR. By J.B. S. Hardman and Maurice F. Neufeld.

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Hayes: The Historical Evolution Of Modern Nationalism., Michigan Law Review Nov 1949

Hayes: The Historical Evolution Of Modern Nationalism., Michigan Law Review

Michigan Law Review

A Review of THE HISTORICAL EVOLUTION OF MODERN NATIONALISM. By Carlton J. H. Hayes.

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Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller Jun 1949

Pashukanis And Vyshinsky: A Study In The Development Of Marxian Legal Theory, Lon L. Fuller

Michigan Law Review

Reading Andrei Y. Vyshinsky's The Law of the Soviet Union ought to be a stimulating and rewarding experience. It is an exposition. of Soviet legal philosophy and of the theory and practice of Soviet public or "state" law. Throughout it purports to compare the premises that underlie Soviet law with those on which ''bourgeois" legal systems are based. Vyshinsky, a famous world figure and the present minister for foreign affairs of the U.S.S.R., wrote part of the book and supervised compiliation of the remainder. The decision of the American Council of Learned Societies to sponsor a translation of the work …

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Harris: Saving American Capitalism, Michigan Law Review Apr 1949

Harris: Saving American Capitalism, Michigan Law Review

Michigan Law Review

A Review of SAVING AMERICAN CAPITALISM. Edited by Seymour E. Harris.

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Machlup: The Basing Point System, Michigan Law Review Apr 1949

Machlup: The Basing Point System, Michigan Law Review

Michigan Law Review

A Review of THE BASING POINT SYSTEM. By Fritz Machlup

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Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review Feb 1949

Lauterbach: Economic Security And Individual Freedom: Can We Have Both?, Michigan Law Review

Michigan Law Review

A Review of ECONOMIC SECURITY AND INDIVIDUAL FREEDOM: CAN WE HAVE BOTH? By Albert Lauterbach.

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Simons: Economic Policy For A Free Society., Michigan Law Review Jan 1949

Simons: Economic Policy For A Free Society., Michigan Law Review

Michigan Law Review

A Review of ECONOMIC POLICY FOR A FREE SOCIETY. By Henry Simons.

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Harris: The European Recovery Program, Michigan Law Review Jan 1949

Harris: The European Recovery Program, Michigan Law Review

Michigan Law Review

A Review of THE EUROPEAN RECOVERY PROGRAM. By Seymour Harris.

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Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed. Dec 1948

Mortgages--"Depression Jurisprudence" --Remaining Effects In Statutory Law, John F. Buchman, Iii S.Ed.

Michigan Law Review

Periods of economic depression, to a far greater degree than more prosperous times, bring into sharp conflict the competing interests of debtor and creditor. This conflict becomes especially apparent in the field of mortgage law. The mortgagee-creditor wants to enforce payment of the debt according to the terms of the contract, taking advantage of the security for which he bargained. The mortgagor-debtor is anxious to protect, if possible, his own investment in the mortgaged property. Because of the vast number of cases which occurred during the 1930's in which it appeared unduly harsh and inequitable to accord mortgagees their traditional …

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Lester And Shister: Insights Into Labor Issues, Michigan Law Review Nov 1948

Lester And Shister: Insights Into Labor Issues, Michigan Law Review

Michigan Law Review

A Review of INSIGHTS INTO LABOR ISSUES. Edited by Richard A. Lester and Joseph Shister.

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Rostow: A National Policy For The Oil Industry., Michigan Law Review Apr 1948

Rostow: A National Policy For The Oil Industry., Michigan Law Review

Michigan Law Review

A Review of A NATIONAL POLICY FOR THE OIL INDUSTRY. By Eugene V. Rostow.

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Economic Duress -- An Essay In Perspective, John P. Dawson Jan 1947

Economic Duress -- An Essay In Perspective, John P. Dawson

Michigan Law Review

The boundaries of common law duress have been gradually expanding for more than a century. The processes of expansion are themselves of interest, as illustrating methods of growth in a system of case law. More important is the goal toward which this movement aims. For it is through duress and related ideas that private law has dealt most directly with problems raised by inequality in bargaining power. Particularly in the field now known as economic duress, courts have been compelled to take a stand on that central issue of modern politics, the control of economic power. Both the growth in …

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Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith Jun 1946

Labor Law-Some Developments During The Past Five Years-(A Service For Returning Veterans), Russell A. Smith

Michigan Law Review

It will be helpful in appraising labor relations problems of today to recall that unionism in this country has trodden a rough and thorny path over the past century. Unions were not welcomed by employers, worker inertia itself was a considerable obstacle, and by and large the general public was dubious as to the value of unionism. Facing these difficulties unions from the- beginning felt compelled to resort to self-help--the strike, the picket line, the boycott, etc.--to achieve their aims. In so doing they encountered vigorous and successful opposition in the courts, as injured economic interests, and even the government, …

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Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody Feb 1946

Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody

Michigan Law Review

In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …

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Aspects Of Wage Stabilization By The National War Labor Board, David Haber Jun 1945

Aspects Of Wage Stabilization By The National War Labor Board, David Haber

Michigan Law Review

Most economists assume that behind an unrestricted war economy lurk the dangers of inflation. Although national income increases, so much of the country's productive effort is devoted to the manufacture of war goods that the number of articles available for civilian consumption necessarily diminishes. This gap between the available supply and the existing purchasing power has the effect of raising prices. Rising wages aggravate this situation because they increase production costs which are then passed on to the consumer in the form of higher prices, and because, by further increasing the purchasing power of the population, they increase the gap …

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Termination Of War Contracts: The Contract Settlement Act Of 1944, David A. Goldman Oct 1944

Termination Of War Contracts: The Contract Settlement Act Of 1944, David A. Goldman

Michigan Law Review

Enacted with a background of knowledge gained from the termination of more than 25,000 army and navy contracts having an uncompleted value of approximately $17,000,000,000, the Contract Settlement Act of 1944 was the first of the legislative enactments by which Congress seeks to control the possibility of a rising tide of economic difficulties which might otherwise drown the body politic in a flood of cancellation notices. The passage of the act was preceded by extensive public hearings and debates, during which responsible Government officials and leaders of labor and industry expressed their considered opinions. Congress likewise had the benefit of …

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Renegotiation Of War Contracts, Charles W. Steadman Aug 1943

Renegotiation Of War Contracts, Charles W. Steadman

Michigan Law Review

The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …

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Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal Aug 1942

Price Control - Problems Of The Over-All Ceiling - Rent Control - Rationing, Samuel D. Estep, George T. Schilling, James L. Mccrystal

Michigan Law Review

Three months after the passage of the Emergency Price Control Act a partial and selective approach to the problem of price control has been abandoned and a comprehensive over-all ceiling has been put into effect. The economic forces generated by total war have quickly proved too powerful for the limited controls originally planned. As a result, a sweeping program of governmental control over the economic life of the nation has been instituted, with consequences too complex and far-reaching to be foreseen in any detail.

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Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams Mar 1942

Constitutional Law - State Control Of Interstate Migration Of Indigents, Edward W. Adams

Michigan Law Review

The interstate migration of persons presents the United States with one of its most acute economic and social problems and carries in its wake a series of significant legal questions. Of paramount importance is the constitutional question whether the migration of indigents is subject to state control. To lend understanding to this problem, attention will be called first to the basic economic and social urges underlying interstate migration and second to the position of the indigent as defined by traditional legal concepts. To complete the discussion, suggestions will be offered for corrective federal legislation.

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Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine Apr 1941

Douglas On Democracy And Finance -- A Review, Arthur A. Ballantine

Michigan Law Review

A book by a Justice of the Supreme Court of the United States would be important under any circumstances. Such a publication is of special significance when its author is the youngest member of the Court, with many years of service ahead, and is endowed with unusual character, ability and earnestness of purpose. In these days of change such a book supplies valuable insight into the mental processes and attitude that will enter deeply into the shaping of our institutions.

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The Constitution And A "Planned Economy", Henry Rottschaefer Jun 1940

The Constitution And A "Planned Economy", Henry Rottschaefer

Michigan Law Review

A little more than a decade has passed since the collapse of the wildest speculative orgy ever indulged in by a nation not markedly given to underestimating its own economic and financial potentialities. It came at a time when the conjuncture of world-wide economic forces combined with almost world-wide unsound practices in the fields of international trade and finance had created an extremely unstable economic situation throughout the world. It would require a degree of optimism as large as that entertained by the speculative community during the "boom period" to believe that the measures and policies adopted and followed during …

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Dicey's Law Of The Constitution: A Review, William A. Robson Dec 1939

Dicey's Law Of The Constitution: A Review, William A. Robson

Michigan Law Review

The first edition of this celebrated work appeared in 1885; and such was its vogue until ten or fifteen years ago that there is scarcely anyone over thirty-five years of age who studied law, politics or constitutional history at a university or professional law school in England and the British Dominions who was not "brought up" on Dicey. "Dicey on the Constitution" was regarded for generations not merely as a perfect, accurate and comprehensive statement of the principles of the British system of government; but also as a reliable explanation of its superior virtues and liberties. The book attained an …

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Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps Jun 1939

Constitutional Law - Mortgages - Moratoria On The Way Out?, Elbridge D. Phelps

Michigan Law Review

As a general proposition, one might perhaps feel prone to quarrel with the statement that "history repeats itself," but there can be little doubt that it applies full well to legislation aimed at relieving hard-pressed debtors in times of financial crises. From our earliest American history, every economic "winter" has provoked a landslide of pro-debtor legislation. Nor have mortgage debtors been overlooked in this regard. The remedies suggested have been as varied and ingenious as human minds could concoct. A brief review of the past decisions indicates that when they could be said to impair the obligation of contract, such …

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The Public Interest Concept In Law And In Economics, Robert W. Harbeson Dec 1938

The Public Interest Concept In Law And In Economics, Robert W. Harbeson

Michigan Law Review

It is an interesting and perhaps important coincidence that only a year previous to the famous decision in Nebbia v. New York there appeared two volumes which together constitute an equally notable landmark in the development of economic doctrine, Professor Edward Chamberlin's Theory of Monopolistic Competition and Mrs. Joan Robinson's Economics of Imperfect Competition. While there is no evidence that the latter works influenced the outcome of the Nebbia case, the writer is of the opinion that these studies not only afford a rationale of that decision but also make desirable a re-examination of the concept of "businesses affected …

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Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler Jun 1938

Constitutional Law - Validity Of Mortgage Moratorium Act - Effect Of Lapse Of Time On "Emergency'' Legislation, Ralph Winkler

Michigan Law Review

A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law. A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing …

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