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Michigan Law Review

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Full-Text Articles in State and Local Government Law

Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner Jan 1962

Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner

Michigan Law Review

Recent Illinois legislation subjects foreign insurers who are not authorized to do business in Illinois and who circulate false advertising there to the jurisdiction of the state courts and the State Insurance Commissioner. When the Insurance Commissioner is informed of false or misleading advertising, he is to notify the supervisory insurance official of the domicile state of the foreign insurer. If this notice does not result in the cessation of the activity, the Commissioner may proceed against the insurer under the state's Unfair Trade Practice Act. Since the typical mail order insurer will not have agents or property within the …

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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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State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman Nov 1961

State Control Of Radiation Hazards: An Intergovernmental Relations Problem, Samuel D. Estep, Martin Adelman

Michigan Law Review

The purpose of this article is to set forth the nature of the intergovernmental problem. This involves an analysis of the extent and limitations of federal power, a determination of congressional intent on the issue of federal pre-emption, and an appraisal of the steps now being taken by the Atomic Energy Commission to turn over part of the radiation safety regulatory program to the states.

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Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D. May 1961

Criminal Law - Insane Persons - Competency To Stand Trial, John H. Hess M.D., Henry B. Pearsall S.Ed., Donald A. Slichter S.Ed., Herbert E. Thomas M.D.

Michigan Law Review

Mental unsoundness in a person accused of a crime raises two distinct legal questions. One is the question of the individual's responsibility for his behavior and the other is the question of the individual's competency to enter into the legal procedures of trial or punishment. In recent years considerable attention has been given to matters of responsibility, but relatively little attention has been paid to the problem of incompetency and especially to the consequences of incompetency proceedings. In order to analyze and evaluate the operations of the Michigan law in the area of incompetency to stand trial, two psychiatrists joined …

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Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss Apr 1961

Constitutional Law - Commerce Clause - Local Smoke Control Ordinance Not An Undue Burden On Interstate Commerce, John M. Niehuss

Michigan Law Review

In accordance with a scheme of federal ship inspection, appellant possessed certificates which permitted its ships to operate on the Great Lakes and which specified the type of boiler which might be used. While two of its ships were docked in Detroit, smoke was emitted from their boilers in violation of the minimum density and duration requirements of the Detroit Smoke Abatement Code. The equipment which appellant was then using made compliance with the ordinance impossible. When criminal proceedings were instituted against appellant, it brought an action to enjoin the City of Detroit from enforcing the ordinance on the theory …

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Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff Apr 1961

Steinheimer: Michigan Negotiable Instruments And The Uniform Commercial Code, Douglass G. Boshkoff

Michigan Law Review

A Review of Michigan Negotiable Instruments and the Uniform Commercial Code. By Roy L. Steinheimer.

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Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas Apr 1961

Conflict Of Laws-State Cession Of Territory-Effect Of Exclusive Jurisdiction By Federal Government On State Law, William R. Nicholas

Michigan Law Review

County welfare board refused claimant, a civilian resident on a federal military reservation, assistance under a state aid program for needy disabled on the ground she did not satisfy the requirement of residence within the county. The state had ceded the reservation land to the federal government giving it "exclusive jurisdiction for all purposes whatsoever," reserving to the state only the right to serve civil and criminal process. On appeal, the State Board of Public Welfare found claimant qualified and ordered payment. In a declaratory judgment sought by the welfare board, the state district court held the claimant met the …

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Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff Mar 1961

Document Of Title: A Comparison Of The Uniform Commercial Code And Other Uniform Acts, With Emphasis On Michigan Law, Douglass Boshkoff

Michigan Law Review

Although this article is mainly oriented toward the legal materials of one jurisdiction, the presence of a fairly common background of uniform acts makes it relevant to other jurisdictions, except where there are contrary interpretations of a particular statutory provision. Therefore, parallel citations to the various uniform acts have been provided with the hope that this article will be of assistance to other groups attempting to evaluate article seven of the Uniform Commercial Code.

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Insurance-Regulation Under The Mccarran-Ferguson Act-Ftc Jurisdiction Not Ousted By A State Statute Proporting To Control Deceptive Advertising Mailed To Other States, Thomas D. Heekin Mar 1961

Insurance-Regulation Under The Mccarran-Ferguson Act-Ftc Jurisdiction Not Ousted By A State Statute Proporting To Control Deceptive Advertising Mailed To Other States, Thomas D. Heekin

Michigan Law Review

Petitioner issued a cease-and-desist order prohibiting respondent from making statements in its advertising materials which violated the Federal Trade Commission Act. Respondent, a Nebraska health insurance company, mailed its circulars to residents of every state. The McCarran-Ferguson Act provides that "the Federal Trade Commission Act ... shall be applicable to the business of insurance to the extent that such business is not regulated by State law." A Nebraska statute prohibits an insurer domiciled there from engaging in unfair business practices in any state. In an action to set aside the FTC cease-and-desist order, the Court of Appeals for the Eighth …

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Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler Jan 1961

Real Property - Easements By Implication - Creation Of Easements By Implied Reservations In Michigan, Ralph W. Aigler

Michigan Law Review

In 1910 K occupied an "old" house located on the westerly portion of her lot fronting on H Street. She built a "new" house on the east side of the lot, moved into it, and rented the "old" house to tenants. As a means of access to the west side and rear of the "new" house, she built and used a sidewalk which led from H Street between the two houses and which was one foot from the west side of the "new" house. This walk "was the only outdoor means of access to the new house's coal chute."

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Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine Jan 1961

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …

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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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Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey May 1960

Admiralty - Wrongful Death Statutes - Use Of State Law, Louis Frey

Michigan Law Review

Petitioner's decedent, a carpenter, was employed by a contractor hired to repair the Bonneville Dam, which is owned and operated by the United States. During the course of his employment, decedent was drowned when the boat he was in capsized in the water below the dam. Petitioner sued the United States in federal district court under the Federal Tort Claims Act, alleging that the accident was caused by the negligence of employees of the United States who were operating the dam. The claim was based on the Oregon Wrongful Death Statute and on the Oregon Employer's Liability Law, which, in …

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Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed. Apr 1960

Regulation Of Business - Sales - Below-Cost Statutes - The Elements Of Violations And The Defense Of Meeting Competition, Robert B. Jones S.Ed.

Michigan Law Review

The purpose of this comment is to discuss two controversial aspects of the sales-below-cost statutes: (1) the intent or effect required for a :finding of violation and (2) the defense of meeting competition.

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Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe Apr 1960

Bankruptcy - Creditor's Right Against Entirety Property - Applicablity Of State Law When United States Is Plaintiff, James Cripe

Michigan Law Review

The United States as assignee sought a joint judgment on four unsecured promissory notes signed by the defendants, who are husband and wife. The proceeds of the notes were used to improve real property held by the entireties by the defendants. The husband had filed in bankruptcy before the assignment of the notes to plaintiff and was discharged from his joint and several liability on the promissory notes prior to the commencement of any action on them. His estate by the entireties, however, was not used to satisfy any listed debts because under state law he had no divisible title …

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Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed. Apr 1960

Constitutional Law - Substantive Due Process - Statute Prohibiting Use Of Contraceptives, Erik J. Stapper S.Ed.

Michigan Law Review

A Connecticut statute prohibits the use of contraceptives to prevent conception. Plaintiff-doctor sought a declaratory judgment to have the statute declared unconstitutional as an unreasonable restraint on his right to practice his profession inasmuch as his advice would render him an accessory to a violation of the statute. Three companion cases were also brought, one by a patient to whom another pregnancy would present serious danger, and two by married couples who could not give birth to normal children. The patients claimed that the statute deprived them of the doctor's best medical advice which would relieve them of a dangerous …

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Stason, Estep & Pierce: Atoms And The Law, David F. Cavers Apr 1960

Stason, Estep & Pierce: Atoms And The Law, David F. Cavers

Michigan Law Review

A Review of ATOMS AND THE LAW. By E. Blythe Stason, Samuel D. Estep, and William J. Pierce.

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Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck Mar 1960

Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck

Michigan Law Review

The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …

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Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed. Mar 1960

Property - Powers - State Powers Statutes Protecting Creditors And Requiring Formal Execution, Robert A. Smith S. Ed.

Michigan Law Review

The first part of the comment considers the elevation sections of the statute-sections that change the donee's interest in the appointive or dispositive property to a fee for the benefit of creditors. The second part considers the execution sections of the statute-sections that subject the execution of powers to conveyancing requirements. These sections are of the utmost significance to estate planners.

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Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed. Feb 1960

Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.

Michigan Law Review

The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.

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Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan Feb 1960

Municipal Corporations- Tort Immunity - Liability For Personal Injuries Caused By Nuisance Maintained By City, James Hourihan

Michigan Law Review

Plaintiff, while in the bathhouse of a municipally owned and operated swimming pool, was injured by a shock received from an electric hair dryer. In sustaining plaintiff's claim against the city for damages, the trial court recognized liability for personal injuries caused by a nuisance created and maintained by a city as an exception to the common law doctrine of municipal immunity from tort liability. On appeal, held, reversed. The nuisance exception from a municipality's common law immunity extends only to injuries to real property occasioned by a municipally created and maintained nuisance. City of Decatur v. Parham, …

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Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed. Dec 1959

Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.

Michigan Law Review

The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.

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Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed. Dec 1959

Labor Law - Federal Pre-Emption - Limitations On State Jurisdiction In Causes Arising Out Of Labor Disputes, Robert J. Margolin S.Ed.

Michigan Law Review

Respondent employers refused to enter a union shop agreement with the petitioning unions, who then began to picket peacefully and to exert pressure on respondents' suppliers and customers to persuade them to cease dealing with respondents. Respondents initiated a representation proceeding before the NLRB, which declined jurisdiction on the ground respondents' business did not have a sufficient effect on commerce to meet the NLRB's self-imposed jurisdictional standards. Respondents then sought and obtained damages and an injunction in the California courts. On certiorari to the United States Supreme Court the injunction order was reversed, but the question of damages was remanded …

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Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman Nov 1959

Edson R. Sunderland's Role In Michigan Procedure, Jason L. Honigman

Michigan Law Review

More than any other individual, Professor Edson R. Sunderland has had a tremendous impact upon the Michigan law of procedure. The procedural reforms which he urged and molded into the Michigan law of procedure have been in use for nearly half a century, and to this day are the framework for our procedural laws.

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Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney Jun 1959

Freeman: Responsibility Of States For Unlawful Acts Of Their Armed Forces, Brunson Macchesney

Michigan Law Review

A Review of Responsibility of States for Unlawful Acts of Their Armed Forces. By Alwyn V. Freeman.

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Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh Jun 1959

Admiralty- "Twilight Zone" In Workmen's Compensation - Pursuit Of State Common Law Action Against Employer, James S. Leigh

Michigan Law Review

Petitioner was injured on his employer's barge moored in navigable waters while assisting in a loading operation. The employer was insured solely under the Federal Longshoremen's and Harbor Workers' Act. Instead of pursuing the remedy available under the federal act, petitioner brought the common law action authorized by state workmen's compensation legislation in the state courts. The Oregon Supreme Court affirmed judgment for the employer on the ground that the injury was covered exclusively by the federal act. On certiorari to the United States Supreme Court, held, reversed per curiam, two justices dissenting. The injury was incurred within the …

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Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed. Apr 1959

Inheritance Taxation - Selected Provisions Of Michigan, Illinois And Ohio - A Study In Application And Justification, Edward B. Stulberg S.Ed.

Michigan Law Review

This comment will explore the existing variations in four commonly encountered areas: joint interests with rights of survivorship, contingent remainder interests, powers of appointment, and life insurance proceeds. Emphasis will also be placed on treatment accorded the surviving spouse and children and the implicit relationship between such treatment and some of the above areas. The essence of this examination will be to inquire whether adoption of an estate tax would be a more suitable vehicle for implementing a local death tax program.

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Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed. Apr 1959

Municipal Corporations - Tort Liability - Duty To Protect Informers, Thomas A. Kauper S.Ed.

Michigan Law Review

Decedent Schuster supplied information to the police which led to the arrest of the notorious Willie "The Actor" Sutton. After decedent's part in the arrest was widely publicized he received threats against his life. He demanded police protection, which was denied on a belief that the threats were not seriously made. Three weeks later the decedent was shot and killed by an unknown assailant. Plaintiff, administrator of decedent's estate, sued the defendant city to recover damages for wrongful death. The supreme court dismissed the complaint, and the appellate division affirmed. On appeal, held, reversed, three judges dissenting. The complaint …

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Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler Jan 1959

Acquisition And Protection Of Water Supplies By Municipalities, Wilbert L. Ziegler

Michigan Law Review

Among the prime functions of a municipal government is the furnishing of a potable supply of water for its inhabitants. In view of the increasing demand for water and the shortage of available supply, a number of problems have been or will be encountered by municipalities in fulfilling that function, apart from the problem of financing.

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Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon Jan 1959

Municipal Corporations - Zoning - Disqualification Of Councilman For Personal Interest, Joel N. Simon

Michigan Law Review

An amendatory zoning ordinance was enacted by the city council of Miami Beach for the purpose of changing the zoning of an extensive area fronting on the Atlantic Ocean from a private residential to a hotel district. The amendment received the required affirmative votes of five of the seven members of the council, including the vote of one councilman who owned land in the area affected by the amendment which would be increased in value by $500,000 because of the zoning change. Plaintiffs, owners of near-by property, filed suit in the circuit court to have the amendatory ordinance declared invalid …

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