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Articles 601 - 630 of 770
Full-Text Articles in Legislation
The Compulsory Manufacturing Provision-An Anachronism In The Copyright Act, Clinton R. Ashford S. Ed.
The Compulsory Manufacturing Provision-An Anachronism In The Copyright Act, Clinton R. Ashford S. Ed.
Michigan Law Review
The protection afforded foreign authors under the United States Copyright Act at the present time is subject to stringent restrictions. Copyright will not be granted to a person who is neither a citizen nor a resident of the United States unless he complies with a great many formalities, and, in addition, conforms with the compulsory manufacturing requirement. It is the object of this comment to examine the manufacturing provision, section 16 of the Copyright Law, and to show why it should be deleted from the act.
Tax Statutes-The Role Of Stare Decisis In Determining "Legislative Intent", Paul E. Anderson S. Ed.
Tax Statutes-The Role Of Stare Decisis In Determining "Legislative Intent", Paul E. Anderson S. Ed.
Michigan Law Review
An interesting case history recently unfolded by the Supreme Court reveals a novel application of stare decisis to decisions which interpret an act of Congress. The peregrinations of the Court have caused Congress to intervene on two occasions to settle the questions opened by the Court-although on the second occurrence the Court construed the act precisely as had Congress when it decried the Court's first interpretation. This imbroglio issued from the Revenue Act of 1918 under which Congress provided that transfers "intended to take effect in possession or enjoyment at or after his death" should be included in the donor's …
The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith
The Constitutional Significance Of Delegated Legislation In England, J. A. G. Griffith
Michigan Law Review
The Committee on Ministers' Powers defined delegated legislation as the "exercise by a subordinate authority, such as a Minister, of the legislative power delegated to him by Parliament." This definition followed logically from the terms of reference which required the Committee to report "what safeguards are desirable or necessary to secure the constitutional principles of the sovereignty of Parliament and the supremacy of the Law."' Behind these two statements lie certain assumptions which coloured the Report of the Committee and influenced its recommendations. One of these assumptions is that Ministers of the Crown are "subordinate" to Parliament so that any …
Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.
Administrative Law-Federal Administrative Procedure Act-The Supreme Court Gives The Act Its First Interpretation, Fred W. Freeman S.Ed.
Michigan Law Review
The Federal Administrative Procedure Act received its first thorough consideration by the Supreme Court in the recent case of Wong Yang Sung v. McGrath. The Court held that deportation proceedings must conform to section 5, which provides for notice, opportunity for a hearing, separation of prosecution and quasi-judicial functions, and the issuance of declaratory orders by the agency, and to section 11, which prescribes an independent status for presiding officers. The scope of section 5 is limited to administrative adjudications "required by statute to be determined on the record after opportunity for an agency hearing." There is no specific requirement …
Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.
Labor Law--Taft-Hartley Act--Right Of Board To Dismiss Unfair Labor Practice Complaints For Policy Reasons, B. J. George, Jr.
Michigan Law Review
In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers …
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Legislation-Perpetuities-Some Recent Statutory Changes In The Law Of Perpetuities, Thomas L. Waterbury S.Ed.
Michigan Law Review
During the past five years the legislatures of several states have wrestled anew with an old problem, that of limiting the permissible duration of indirect restraints upon the alienation of property. Generally speaking, these statutes may be grouped into two classes: those designed to abandon previous statutory modifications of the common law rule against perpetuities and return to the common law rule; and those designed to modify the common law rule or alter existing statutory rules. With respect to the latter group, a further classification is possible between statutes which attempt a general revision of the law as to perpetuities …
International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.
International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.
Michigan Law Review
The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.
The Proposed New Uniform Sales Act, John Barker Waite
The Proposed New Uniform Sales Act, John Barker Waite
Michigan Law Review
A complete Uniform Commercial Code has been formulated by committees acting under joint auspices of the American Law Institute and the National Conference of Commissioners on Uniform State Laws. While the Code is apparently not yet ready for presentation to state legislatures for enactment, it has been offered to the public for discussion of its merits. Its scope is comprehensive. As now tentatively proposed, it comprises presumably complete statutes covering Sales, Commercial Paper, Letters of Credit, Foreign Banking, Documents of Title, Secured Transactions, Investment Securities. If adopted it would displace the present Uniform Sales Act, the Uniform Negotiable Instruments Act, …
Taxation-Technical Changes Act Of 1949-"Possession Or Enjoyment" Clause Of I.R.C. 811 ( C), Paul A. Anderson S.Ed., Stephen A. Bryant S. Ed.
Taxation-Technical Changes Act Of 1949-"Possession Or Enjoyment" Clause Of I.R.C. 811 ( C), Paul A. Anderson S.Ed., Stephen A. Bryant S. Ed.
Michigan Law Review
For the past decade Congress has been urged to define specifically the scope of I.R.C. 811(c), which subjects to the estate tax an inter vivas transfer intended to take effect in possession or enjoyment at or after the donor's death. Until 1949 proposed amendments were largely directed at legislative rejection of the doctrine of Helvering v. Hallock, but with the decisions in the Church and Spiegel cases last year, it became apparent that more extensive revision and clarification was needed. Sections 7 and 8 of the Technical Changes Act of 1949, which became law on October 25, 1949, represent …
Alternative Pleading: I, Roy W. Mcdonald
Alternative Pleading: I, Roy W. Mcdonald
Michigan Law Review
The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the …
A Critique Of The New British Monopoly Act, Gerald M. Meier
A Critique Of The New British Monopoly Act, Gerald M. Meier
Michigan Law Review
In 1948 the British Parliament passed the Monopoly and Restrictive Practices (Inquiry and Control) Act. It is instructive to examine this Act against the background of the criticisms and suggestions for improvement which have emerged with sixty years of American anti-trust legislation. Section one of this paper presents some reasons why the measure has appeared at this time. The next section summarizes the Act's provisions. Section three contrasts the British technique of monopoly control with the American and considers whether the different approach is likely to avoid the debilities which have become evident in the American legislation.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Federal Procedure-Change Of Venue-Applicability Of §1404(A) Of The Judicial Code Of 1948 To Cases Arising Under The Federal Employers' Liability Act And The Sherman Anti-Trust Act, Thomas L. Waterbury S. Ed.
Michigan Law Review
Two recent decisions of the United States Supreme Court have resolved this problem. In the first case, plaintiff employee sued defendant employer for damages under the FELA. Taking advantage of the broad choice of venue given him, plaintiff sued in the Chicago district court which was some 400 miles from Irvine, Kentucky, the place of injury and residence of all the witnesses. Defendant moved for transfer to a Kentucky district court, ''For the convenience of parties and witnesses, in the interest of justice. . . . " The motion was granted and plaintiff sought a writ of mandamus in the …
Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz
Administrative Terminology And The Administrative Procedure Act, Bernard Schwartz
Michigan Law Review
The confusion of terminology in our administrative law is a natural result of the manner in which that branch of law has developed. "The use of terms in administrative law exemplifies its most characteristic element-that it did not spring from a single source but has its roots in many places." The administrative process has not evolved according to a fixed plan; "thus far our Administrative Law has largely 'growed' like Topsy." With the haphazard habit characteristic of our political life, individual administrative agencies have been created as and when the need for them arose, without any logical system. The form …
Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed.
Legislation-Canons Of Construction-Presumption Of Territoriality, David H. Armstrong S.Ed.
Michigan Law Review
Plaintiff, an American citizen, was employed by defendant contractor to work on construction in Iraq carried on under a contract with the United States. Plaintiff brought suit in New York for overtime pay under the Federal Eight Hour Law applying to work done under "Every contract made to which the United States ... is a party .... " A verdict for the plaintiff was upheld by the New York Court of Appeals. On certiorari to the United States Supreme Court, held, reversed. In absence of contrary intent, legislation is presumed to apply only within the territorial jurisdiction of the …
Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.
Labor Law-Railway Labor Act-Effect Of Creation Of National Railroad Adjustment Board On Jurisdiction Of Courts, Frank L. Adamson S. Ed.
Michigan Law Review
The 1934 amendments to the Railway Labor Act (R.L.A.) created the National Railroad Adjustment Board (N.R.A.B.) to hear and decide disputes involving employee grievances and controversies over application and interpretation of agreements, as distinguished from disputes concerning making of collective agreements.
Limitations On Congressional Investigation, George Meader
Limitations On Congressional Investigation, George Meader
Michigan Law Review
Increasingly, federal laws embodying far-reaching national policies are being couched in broad and general terms. The effect of this type of legislation is to place wide discretionary powers in administrative officials and to throw upon the courts an immense burden of interpretation in applying general principles to specific factual situations. There have been sensational instances of hasty passage of corrective legislation made necessary by court decisions interpreting a poorly worded law in a way Congress did not intend, such as the portal-to-portal and overtime-on-overtime decisions. Meanwhile, the practicing lawyer is at a loss to advise his clients of the effect …
Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review
Hardwicke: Antitrust Laws, Et Al. V. Unit Operation Of Oil Or Gas Pools, Michigan Law Review
Michigan Law Review
A Review of ANTITRUST LAWS, ET AL. V. UNIT OPERATION OF OIL OR GAS POOLS By Robert E. Hardwicke.
Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert
Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert
Michigan Law Review
Having viewed the fundamental problems, it is pertinent to outline some of the alleged abuses of the American patent system as it operates in our modern business and industrial economy and to canvass some of the proposed remedies. First are abuses that might be termed attempts to extend the duration of the patent monopoly. These stem mainly from the procedural aspects of the patent laws. Foremost among them is the problem of long pendency of applications, particularly the dilatory tactics that are possible under the law, which postpone issuance of the patent, thus extending the time duration of the patent …
Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.
Workmen's Compensation Acts-Amendments Changing Period For Additional Compensation Due To Aggravation Of Injury, W. Stirling Maxwell S. Ed.
Michigan Law Review
The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation …
The Presidential Succession Act Of I947, Ruth C. Silva
The Presidential Succession Act Of I947, Ruth C. Silva
Michigan Law Review
The Constitution of the United States empowers the Congress to designate what officer shall act as President in case of the death, resignation, removal, or inability of both the President and Vice President. Recently the Eightieth Congress passed a statute under this grant of power. Although the new succession act is frequently alleged to be unconstitutional, it is similar to the first succession law enacted by the Second Congress, which contained many of the men who framed the Constitution and voted for its ratification. The law of 1792 provided that the President pro tempore of the Senate or, if the …
Coigne: Statute Making, Michigan Law Review
Coigne: Statute Making, Michigan Law Review
Michigan Law Review
A Review of STATUTE MAKING. By Armand B. Coigne.
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Mccormick: Understanding The Securities Act And The S.E.C., Michigan Law Review
Michigan Law Review
A Review of UNDERSTANDING THE SECURITIES ACT AND THE S.E.C. By Edward T. McCormick.
The Revenue Act Of 1948-: Federal Estate And Gift Taxation, Milton D. Solomon
The Revenue Act Of 1948-: Federal Estate And Gift Taxation, Milton D. Solomon
Michigan Law Review
The community property system has always been a thorn in the side of the federal tax structure. The theory that husband and wife have equal, vested, undivided one-half interests in property held by them as tenants in community, when given effect for federal tax purposes, has resulted, because of our system of graduated rates, in substantial income, estate and gift tax advantages in favor of residents of community property states over their neighbors in non-community property states. Attempts to change this situation as to federal income taxation proved uniformly unsuccessful. However, success was achieved in the field of federal estate …
Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.
Labor Law-Labor-Management Relations Act-Jurisdiction Of Federal Courts To Enjoin Unfair Labor Practices, W. J. Schrenk, Jr. S.Ed.
Michigan Law Review
Following a breakdown in negotiations over contract extension, plaintiff union, the certified representative of defendant's employees, sued in a federal district court, alleging that defendant was guilty of an unfair labor practice under the Labor-Management Relations Act in refusing to bargain in good faith. An injunction was sought requiring defendant to bargain with the union. The district court overruled motions' to dismiss for lack of jurisdiction and granted the relief requested. On appeal, held, reversed. The district court lacked jurisdiction to entertain the suit. Amazon Cotton Mills Co. v. Textile Workers Union, (C.C.A. 4th, 1948) 167 F. (2d) …
Killingsworth: State Labor Relations Acts, Michigan Law Review
Killingsworth: State Labor Relations Acts, Michigan Law Review
Michigan Law Review
A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.
Non-Trade And Non-Business Expense Deductions: Section 23(A)(2) Of The Internal Revenue Code, R. W. Nahstoll
Non-Trade And Non-Business Expense Deductions: Section 23(A)(2) Of The Internal Revenue Code, R. W. Nahstoll
Michigan Law Review
Among the innovations introduced into the Internal Revenue Code by the Revenue Act of 1942 was the provision allowing deduction from gross income, in the computation of net income, of nontrade and non-business expenses. Every revenue act including the Act of 1894, has provided in one form or another for the deduction of trade and business expenses.
Labor Law-Applicability Of The Lea Act To Activities Of The American Federation Of Musicians, W. J. Schrenk, Jr.
Labor Law-Applicability Of The Lea Act To Activities Of The American Federation Of Musicians, W. J. Schrenk, Jr.
Michigan Law Review
Defendant, acting as president of a local union of the American Federation of Musicians, requested a new contract with a broadcasting station licensed by the Federal Communications Commission, including a provision that the licensee hire three extra musicians, raising to six the total number of musicians employed. When negotiations regarding this provision failed, defendant withdrew from the licensee's services the three musicians (members of the A.F. of M.) already employed by it. An action was, then brought to prosecute defendant under the amendment to the Federal Communications Act, popularly known as the Lea Act, which prohibits the use of threats …
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Evidence- Statutes - Contradiction Of Legislative Journal Entry To Show Date Of Receipt Of Bill By Governor, Emerson T. Chandler
Michigan Law Review
Plaintiff, a tax assessor, sought to recover salary claims against a county, contending that compensation was payable under an act passed by the General Assembly but vetoed by the governor. An entry in the House journal reported delivery of the bill to the governor on March 5. The Assembly adjourned March 13, and the governor vetoed the bill March 28. An official receipt dated March 10 had been given for the bill by the governor's office. The Arkansas Constitution gives the governor five days within which to approve or disapprove the bill. If he fails to act, the bill becomes …
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Vested Rights And The Portal-To-Portal Act, Ray A. Brown
Michigan Law Review
The Portal-to-Portal Act of 1947 attempts, by new and retroactive definitions of what constitutes working time of an employee under the Fair Labor Standards Act of 1938, to deprive employees of claims under that earlier act, to which the Supreme Court of the United States has held they were entitled. This article will discuss whether this can be done under the due process clause of the Fifth Amendment.
The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith
The Taft-Hartley Act And State Jurisdiction Over Labor Relations, Russell A. Smith
Michigan Law Review
Of the many problems arising out of the Taft-Hartley Act, not the least perplexing is the determination of its impact upon state jurisdiction over labor relations. The importance of the question is obvious, and is illustrated by Judge Shepard's reaction. Administrators of state labor relations acts and state courts, like the California court, must determine what position to take with respect to their jurisdiction. Employers and unions must make a like determination, and must also come to some conclusion as to the applicability of state law as reflected in other statutes and in judicial decisions. Those charged with the administration …