Volume 53

1954-55

Issue 1

Federal Procedure - Availability of Coram Nobis in Federal Cases Involving Right of Counsel - John Leddy S.Ed.
Monthly Periodical Index - Michigan Law Review
Jacobs: Law Writers and the Courts - Richard. A. Edwards
Biskind: How to Prepare a Case for Trial, and Lake: How to Win Lawsuits Before Juries - Charles W. Joiner
Labor Law - Labor-Management Relations Act - Right of Union to Sue on Collective Agreement Under Section 301 - Robert C. Fox S.Ed.
Future Interests - Rule Against Perpetuities - Applicability of the Rule to an Option to Purchase Incident to a Lease - Donald M. Wilkinson, Jr. S.Ed.
Labor Law - Labor-Management Relations Act - Interrogation Concerning Union Membership As an Unfair Labor Practice - John H. Leddy S.Ed.
Insurance - Recovery - Rights of Mortgagee Under Mortgagor's Insurance - Robert B. Fiske, Jr. S.Ed.
Descent and Distribution - Distribution to a Nonresident Alien Prevented by State Staute - Eugene Alkema S.Ed.
Contracts - Usury - Dual Contracts Designed to Evade Usury Prohibitions - Richard W. Young S.Ed.
Corporations - Securities Regulation - Investment Contracts Under Securities Act of 1933 - James W. Beatty S.Ed.
Legal Effect of Contracts to Devise or Bequeath Prior to the Death of the Promisor: I - Bertel M. Sparks
Constitutional Law - Search and Seizure - Evidence of Prior Search as Bearing on Credibility of Defendant's Testimony - Ira A. Brown, Jr.
Civil Procedure - Venue - Forum Non-Conveniens - Richard S. Weinstein S.Ed.
Constitutional Law - Due Process - Enforced Collection of State Use Tax from Nonresident Vendor - John Leddy S.Ed.
Admiralty- Conflict of Laws - Application of the Jones Act - Robert B. Fiske, Jr. S.Ed.
Banks and Banking - Validity of Exculpatory Clauses in Stop-Payment Orders - Lawrence N. Ravick S.Ed.
Admiralty - Warranty of Seaworthiness - Extension to Injury Caused by Appliance Not in Control of Shipowner - George S. Flint S.Ed.
Securities - Sufficiency of the Property Description and Its Relations to the Notice Provided by a Recorded Chattel Mortgage - Judson M. Werbelow S.Ed.
Negligence - Duties of Railroad - Landowner Toward Frequent Trespasser - Limitations on Rights of Trespasser - William D. Keeler S.Ed.
Release Time and Religious Liberty: A Reply - Leo Pfeffer
Product Competition in the Relevant Market Under the Sherman Act - David Macdonald
Revision of the United Nations Charter: A Study of Various Approaches - Richard F. Scott
Recent Books - Michigan Law Review

Issue 2

Corporations - De Facto Existence - Necessity of Good Faith Attempt to Incorporate Under and of Colorable Compliance with Incorporation Statute - Richard R. Dailey
Crosskey and the Constitution: A Reply to Goebel - Sylvester Petro
Real Property - Easements - Right to Take Water From a Pond as Absolute, Exclusive Profit in Gross - Stephen J. Martin S.Ed.
Monthly Periodical Index - Michigan Law Review
Workmen's Compensation - Injuries Arising Out of And in the Course of Employment - Employer Furnishing Transportation and Employee Carrying Work to Do at Home as Exceptions to Coming and Going Rule - James W. Beatty S.Ed.
Negligence - Duty of Care - Effect of Public Carrier's Financial Capacity on Liability - John E. Riecker S.Ed.
Negligence - Causation - Liability Under Statute for Injury Resulting from Fire Started by Railroad Locomotive - Howard. N. Thiele, Jr. S.Ed.
Labor Law - Objects of Union Action - Organization of Managers of Retail Chain Stores as Proper Object - John F. Dodge,. Jr., S.Ed.
International Law - Sovereign Immunity - Act of State - Arthur M. Wisehart S.Ed.
Partnership - Dissolution on Death - Right of Representatives of the Deceased Partner to Share in Good Will - Richard M. Adams
Federal Procedure - Juries - Attacking Release for Fraud in Action at Law - James W. Beatty S.Ed.
Labor Law - Authority of National Labor Relations Board to Require Reaffirmation of Non-Communist Affidavit - Richard Z. Rosenfeld
Impact of the Commercial Code on Liability of Parties to Negotiable Instruments in Michigan - Roy L. Steinheimer Jr.
Legislation - Requirement of Definiteness in Statutory Standards - Robert B. Krueger S.Ed.
Legal Effect of Contracts to Devise or Bequeath Prior to the Death of the Promisor: II - Bertel M. Sparks
Bills and Notes - Ficticious Indorsee - Immaterial Alteration - Lawrence N. Ravick S.Ed.
Future Interests - Effect of Change of Conditions on Rights of Entry and Possibilities of Reverter Created to Control the Use of Land - Rinaldo L. Bianchi
Federal Procedure - Venue - Right of Alien Under Diversity of Citizenship Clause of 28 U.S.C. § 1391 (a) - Richard M. Adams
Evidence - Statutory Rape - Right of Accused to Compulsory Blood Test of Prosecutrix and Child - Edward Pastucha S.Ed.
Released Time and Religious Liberty: A Further Reply - Paul G. Kauper
Constitutional Law - Federal Occupation of Field of Control of Subversives - John C. Hall S.Ed.
Conflict of Laws - Penal Provisions in Foreign Law - Liability of Shareholders in De Facto Corporation - James M. Potter S.Ed.
The Law School 1954-55 - E. Blythe Stason

Issue 3

Evidence - Attorney-Client Privilege - Communications Relating to Future Criminal Transactions - Robert B. Fiske, Jr. S.Ed.
Michigan Law Review Notes - Michigan Law Review
Monthly Periodical Index - Michigan Law Review
Brown: Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record - John W. Reed
Workmen's Compensation - Injury "Arising Out Of" the Employment - Increased Risk as an Exception to Common Hazard Rule - Howard M. Downs
Torts - Liability of Physician Erroneously Certifying Insanity - Richard Z. Rosenfeld
Real Property - Restrictive Covenants - Termination by Declaratory Judgment - Edward H. Hoenicke
Labor Law - Legality of a Temporary Lockout as a Countermeasure to a Strike - John F. Dodge, Jr. S.Ed.
Labor Law - Improper Union Objective - Lawfulness of Concerted Action to Prevent the Use of Labor Saving Devices - John F. Dodge, Jr. S.Ed.
Insurance - Subrogation - Group Hospital Service Organization - Douglas Peck
Federal Procedure - Venue in Third-Party Tort Actions Against the United States - Robert B. Olsen S.Ed.
Hospitalization of the Voluntary Mental Patient - Hugh A. Ross
Federal Procedure - Realignment of Parties in Non-Diversity Case - David D. Dowd, Jr S.Ed.
Criminal Law- False Pretenses - Partner Fraudulently Obtaining Partnership Funds - Paul R. Haerle
Corporations - "Personal Interst" of Directors in Corporate Transactions - Richard R. Dailey
Constitutional Law - Self-Incrimination - Relation to Loyalty Discharge from Government Service - George E. Ewing
Constitutional Law - Due Process - Judicial Review of Jury Determination on Coerced Character of Confession - James M. Potter S.Ed.
Real Property - Compensation for Abrogation of a Restrictive Covenant by Public Authority - Howard N. Thiele, Jr. S.Ed.
The Rule Against Perpetuities and Typical Oil and Gas Leases - David R. Macdonald S.Ed.
Obligations of a State-Created Authority: Do They Constitute a Debt of the State - Elizabeth Gaspar Brown
Federal Supremacy and State Anti-Subversive Legislation - Alan Reeve Hunt
Michigan Title Examinations and the 1954 Revenue Code's New General Lien Provisions - L. Hart Wright

Issue 4

Labor Law - Arbitration - Right of Employer of Discharge Employer Who Refuses to Testify Concerning His Communist Affiliation - Mary Lee Ryan
Monthly Periodical Index - Michigan Law Review
Recent Books, Notes - Michigan Law Review
Taxation - Federal Income Tax - Extent to Which A Dividend in Kind is Ordinary Income Under the Internal Revenue Code - Alice Austin S.Ed.
Medina: Judge Medina Speaks - M. Fred Mallender, II S.Ed.
Real Property - General Scheme in Enforcement of Restrictive Covenants - Herbert R. Brown
Real Property - Grantor's Covenant to Insert Restrictions in Future Deeds as Personal Covenant - John B. Huck
Negligence - Proximate Cause - Liability of Saloon Keeper for Liquor Sale Against Wife's Notice - Stephen C. Bransdorfer
Negligence - Breach of Duty - Standard of Care Required of Infant Defendants - Dale Van Winkle
Evidence - Admissibility in Federal Courts of Record of Telephone Conversation-Meaning of "Interception" - Robert C. Fox S.Ed.
Labor Law - Labor-Management Relations Act - Applicable Remedies When an Employer Transers to a New Location to Avoid Dealing With a Union - John F. Dodge, Jr. S.Ed.
Justice Murphy and the Welfare Question - Leo Weiss
Constitutional Law - Legislative Contempt Power-Procedure Against Witness for Conduct Before Commission Composed of Legislators and Others - Julius B. Poppinga
Corporations - Right of Shareholder Under Uniform Stock Transfer to Have Shares Transferred Contrary to Corporation By-Laws - Lawrence N. Ravick S.Ed.
Constitutional Law - Federal Regulation of Lobbying Act - Vague and Indefinite Language as Violation of First and Fifth Amendment - Arne Hovdesven
Constitutional Law - Equal Protection - Discrimination Against Negroes in State Recreation Facilities - Sanford B. Hertz S.Ed.
Conflict of Laws -- Escheat of Intangible Property to the State of Situs - John F. Dodge, Jr S.Ed.
Labor Law - State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation - Eugene Alkema S.Ed.
Corporations - The Fudiciary Duty of Directors in the Issuance of Stock Subject to Preemptive Rights - Howard M. Downs
Adequacy of Instructions to the Jury: I - Curtis Wright, Jr
Justice Jackson and the Judicial Function - Paul A. Weidner

Issue 5

International Law - The Abrogation of Treaties by War - David R. Macdonald S.Ed.
Monthly Periodical Index - Michigan Law Review
Recent Books: Notes - Michigan Law Review
Alsop: We Accuse! - George S. Flint S.Ed.
Griswold: The Fifth Amendment Today - George S. Flint S.Ed.
Smith: James Duane Doty - Frontier Promoter - William Wirt Blume
Securities Regulation - Controlling Stockholders as "Issuers" Under the Securities Act of 1933 - Richard R. Dailey
Negligence - Res Ipsa Loquitur - Application to Multiple Defendants in the Alternative - Edward H. Hoenicke
Municipal Corporations - Zoning - Amortization of Existing Noncomforming Uses - James W. Beatty S.Ed.
Labor Law - Labor-Management Relations Act - Effect of Section 8(D) on the Right to Strike - Lawrence W. Sperling
Boundaries: Description v. Survey - Olin L. Browder, Jr.
Evidence - Presumptions - Continuting Life During Seven-Year Absence - Douglas Peck S.Ed.
Descent and Distribution - Intestate Succession from an Adopted Child - Who Aim His "Brothers and Sisters" - Jack G. Armstrong
Criminal Law - Delay in Imposition of Sentence as Destroying Jurisdiction of Trial Court - M. Fred Mallender, II S.Ed.
Corporations - Reclassification of Securities as a Purchase Under Section 16 (B) of the Securities and Exchange Act - Eric E. Bergsten
Constitutional Law- Zoning - Private High Schools Excluded from Zone in Which Public High Schools Permitted - William D. Keeler S.Ed.
Constitutional Law - Commerce Clause - Federal Jurisdiction in Trade-Mark Infringement Proceedings Under the Lanham Act - Richard R. Dailey
Taxation - Federal Income Taxation - Problems Created by the Complex Trust Provisions of the 1954 Code - Harvey A. Howard S.Ed.
Taxation - Federal Income Tax - Corporate Accumulations, Stock Dividends and the "Preferred Stock Bail-Out," and Taxability of the Corporation Upon the Distribution of "Inventory Assets" Under the Internal Revenue Code of 1954 - Alice Austin S.Ed.
Responsibilities in the Transfer of Stock - Francis T. Christy

Issue 6

Evidence - Validity of Statutory Presumption of Intoxication from a Finding of 0.15 Percent Concentration of Alcohol in the Blood - Donald F. Oosterhouse S.Ed.
White: The Jacksonians - M. Fred Mallender, II S.Ed.
Beaney: The Right to Counsel in American Courts - William M. Kunstler
Monthly Periodical Index - Michigan Law Review
Lore: How to Win A Tax Case - John J. Raymond
Workmen's Compensation - Traumatic Neurosis Without Physical Injury - Irving L. Halpern
Municipal Corporations - Validity of Covenant to Maintain Parking Meters in Bond Issue to Finance Off-Street Parking Facilities - William G. Cloon, Jr. S.Ed.
Conflict of Laws - Due Process and Full Faith and Credit - Direct Action Statute - Harvey A. Howard S.Ed.
Labor Law - Labor-Management Relations Act - Rights of Replaced "Economic" Strikers Under Section 8 (a)(3) - David R. Macdonald S.Ed.
Administrative Discretion in the Award of Federal Contracts - Arthur S. Miller
Corporations - Preference Rights on Dissolution - Robert B. Fiske, Jr. S.Ed.
Constitutional Law - Right to Effective Assistance of Counsel in Federal Courts and Waiver Thereof - Richard M. Adams S.Ed.
Constitutional Law - Public Use Requirement and the Power of Eminent Domain - Donald F. Oosterhouse S.Ed.
Bills and Notes - Holder in Due Course - Notice of Infirmity in Instrument to Finance Company Closely Connected to Dealer - William G. Cloon, Jr. S.Ed.
Taxation - Federal Income Tax - Meals and Lodging Under the 1954 Code - John H. McDermott
Legislation - Witness Immunity Act of 1954 - Constitutional and Interpretative Problem - George S. Flint S.Ed.
Labor Law - Right to Unemployment Compensation as Affected by Union-Management Retirement Agreement - Lawrence N. Ravick S.Ed.
Adequacy of Instructions to the Jury: II - Curtis Wright Jr.

Issue 7

Federal Procedure - Jurisdiction - Suit Under Direct Action Statute Where There is Diversity of Citizenship Between Claimant and Insurer but Not Between Claimant and Wrongdoer - William R. Jentes
Monthly Periodical Index - Michigan Law Review
Recent Books - Michigan Law Review
Halle: Civilization and Foreign Policy - James W. Beatty S.Ed.
Morgan: Basic Problems of Evidence - Alfred L. Gausewitz
Wills - Revocation by Change in Circumstances - Effect of a Separation and Property Settlement Agreement - Paul R. Haerle
Sales - Conditional Sales - Punitive Damages for Forcible Repossession of Chattel - William G. Cloon, Jr. S.Ed.
Legislation - Application of Merchantile License Tax to Lawyers - Edward H. Hoenicke
Negligence - Duty of Landlord Toward his Own Social Guest Injured on a Common Stairway - Lawrence Sperling
Labor Law - LMRA - Stock Purchase Plan as Subject of Compulsory Collective Bargaining - Edward W. Powers
Labor Law - Organizational Picketing in Industries not Affecting Interstate Commerce - Arne Hovdesven
Labor Law - Collective Bargaining- Compulsory Retirement as Discharge "Without Cause" Under Collective Bargaining Agreement - Douglas Peck S.Ed.
Tax-Free Corporate Acquisitions - The Law and the Proposed Regulations - Robert L. Merritt
Criminal Procedure - Venue - Federal Offenses Committed Outside the Jurisdiction of Any State or District - Richard R. Dailey
Criminal Procedure - Standing of the Press to Protest Judge's Exclusion of the Public from Criminal Trial - M. Fred Mallender, II S.Ed.
Corporations - Stockholders - Cancellation of Stock Issues Without Consideration - James W. Beatty S.Ed.
Corporations - Capital Reduction Surplus as a Source of Divided Payments - John B. Huck
Constitutional Law - Federal Immunity from State Taxation - Validity of State Sales Tax Upon Purchases and Sales by National Banks - Julius B. Poppinga
Constitutional Law - Civil Rights Statute - Failure to Release Prisoner Promptly Not a Violation of Section 242 - Stephen C. Bransdorfer
Constitutional Law - Church and State - Statute Requiring Religion to be Taken Into Consideration in Adoption - David W. Swanson
Civil Procedure - Process - Amendment When a Partnership is Served as a Corporation - Donald W. Shaffer
Partnerships - Valuation of Assets on Death of a Partner - John F. Dodge, Jr. S.Ed.
Criminal Law - Reexamination of Tests for Criminal Responsibility - Mary Lee Ryan
Suits Against Unincorporated Associations Under the Federal Rules of Civil Procedure - John Kaplan
Quasi-contract - Materialman's Lien for Unrequested Expenditures in the Preservation of Another's Property - William R. Jentes

Issue 8

Criminal Law - Scope of Lawful Search and Seizure Without Warrant When Incident to Arrest - Richard M. Adams S.Ed.
Monthly Periodical Index - Michigan Law Review
Notes - Michigan Law Review
Cohen: The Principles of World Citizenship - Samuel I. Shuman
Evidence - Privilege - Maintaining Action Where the Evidence May Affect the National Security - John F. Dodge, Jr. S.Ed.
Weihofen: Mental Disorder as a Criminal Defense - Winfred Overholser M.D.
Conflict of Laws - Contracts - Enforcement of Foreign Contract Though Contrary to State - William G. Cloon, Jr. S.Ed.
Restitution - Election of Remedies - Action in Quasi-Contract Against Joint Tortfeasor as Barring Fraud Action Against Other Joint Tortfeasors - Douglas Peck S.Ed.
Husband and Wife -- Personal Tort Actions Between Spouses -- Statutory Construction - Robert B. Olsen S.Ed.
Limitations of Actions - Conversion - Irving L. Halpern
Contributory Negligence - Duty of Pedestrian to Look While Crossing Intersection with Light - Harvey A. Howard S.Ed.
Constitutional Law - Due Process - Validity of Refusal to Permit the Showing of a Motion Picture on the Grounds of Obscenity - Donald F. Oosterhouse S.Ed.
Criminal Law - Contradictory Statements Under Oath as Grounds for Perjury in the Federal Courts - Richard M. Adams S.Ed.
Constitutional Law - Federal Anti-Subversive Legislation - The Communist Control Act of 1954 - Paul R. Haerle
Antitrust Administration and Enforcement - John T. Chadwell
Antitrust and Labor - Russell A. Smith
The Patent-Antitrust Problem - Bartholomew Diggins
Antitrust Policy in Distribution - Kendall B. DeBevoise
The Antitrust Laws in Foregin Commerce - Robert A. Nitschke
Basic Antitrust Concepts - Kenneth S. Carlston