Volume 53
1954-55
Issue 1
- Federal Procedure – Availability of Coram Nobis in Federal Cases Involving Right of Counsel
- Monthly Periodical Index
- Jacobs: Law Writers and the Courts
- Biskind: How to Prepare a Case for Trial, and Lake: How to Win Lawsuits Before Juries
- Labor Law – Labor-Management Relations Act – Right of Union to Sue on Collective Agreement Under Section 301
- Future Interests – Rule Against Perpetuities – Applicability of the Rule to an Option to Purchase Incident to a Lease
- Labor Law – Labor-Management Relations Act – Interrogation Concerning Union Membership As an Unfair Labor Practice
- Insurance – Recovery – Rights of Mortgagee Under Mortgagor’s Insurance
- Descent and Distribution – Distribution to a Nonresident Alien Prevented by State Staute
- Contracts – Usury – Dual Contracts Designed to Evade Usury Prohibitions
- Corporations – Securities Regulation – Investment Contracts Under Securities Act of 1933
- Legal Effect of Contracts to Devise or Bequeath Prior to the Death of the Promisor: I
- Constitutional Law – Search and Seizure – Evidence of Prior Search as Bearing on Credibility of Defendant’s Testimony
- Civil Procedure – Venue – Forum Non-Conveniens
- Constitutional Law – Due Process – Enforced Collection of State Use Tax from Nonresident Vendor
- Admiralty- Conflict of Laws – Application of the Jones Act
- Banks and Banking – Validity of Exculpatory Clauses in Stop-Payment Orders
- Admiralty – Warranty of Seaworthiness – Extension to Injury Caused by Appliance Not in Control of Shipowner
- Securities – Sufficiency of the Property Description and Its Relations to the Notice Provided by a Recorded Chattel Mortgage
- Negligence – Duties of Railroad – Landowner Toward Frequent Trespasser – Limitations on Rights of Trespasser
- Release Time and Religious Liberty: A Reply
- Product Competition in the Relevant Market Under the Sherman Act
- Revision of the United Nations Charter: A Study of Various Approaches
- Recent Books
Issue 2
- Corporations – De Facto Existence – Necessity of Good Faith Attempt to Incorporate Under and of Colorable Compliance with Incorporation Statute
- Crosskey and the Constitution: A Reply to Goebel
- Real Property – Easements – Right to Take Water From a Pond as Absolute, Exclusive Profit in Gross
- Monthly Periodical Index
- 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
- Negligence – Duty of Care – Effect of Public Carrier’s Financial Capacity on Liability
- Negligence – Causation – Liability Under Statute for Injury Resulting from Fire Started by Railroad Locomotive
- International Law – Sovereign Immunity – Act of State
- Partnership – Dissolution on Death – Right of Representatives of the Deceased Partner to Share in Good Will
- Federal Procedure – Juries – Attacking Release for Fraud in Action at Law
- Labor Law – Authority of National Labor Relations Board to Require Reaffirmation of Non-Communist Affidavit
- Impact of the Commercial Code on Liability of Parties to Negotiable Instruments in Michigan
- Legislation – Requirement of Definiteness in Statutory Standards
- Legal Effect of Contracts to Devise or Bequeath Prior to the Death of the Promisor: II
- Bills and Notes – Ficticious Indorsee – Immaterial Alteration
- Future Interests – Effect of Change of Conditions on Rights of Entry and Possibilities of Reverter Created to Control the Use of Land
- Federal Procedure – Venue – Right of Alien Under Diversity of Citizenship Clause of 28 U.S.C. § 1391 (a)
- Evidence – Statutory Rape – Right of Accused to Compulsory Blood Test of Prosecutrix and Child
- Released Time and Religious Liberty: A Further Reply
- Constitutional Law – Federal Occupation of Field of Control of Subversives
- Conflict of Laws – Penal Provisions in Foreign Law – Liability of Shareholders in De Facto Corporation
- The Law School 1954-55
- Labor Law – Objects of Union Action – Organization of Managers of Retail Chain Stores as Proper Object
Issue 3
- Evidence – Attorney-Client Privilege – Communications Relating to Future Criminal Transactions
- Michigan Law Review Notes
- Monthly Periodical Index
- Brown: Digest of Procedural Statutes and Court Rules: Pleading, Joinder, and Judgment Record
- Workmen’s Compensation – Injury “Arising Out Of” the Employment – Increased Risk as an Exception to Common Hazard Rule
- Torts – Liability of Physician Erroneously Certifying Insanity
- Real Property – Restrictive Covenants – Termination by Declaratory Judgment
- Labor Law – Legality of a Temporary Lockout as a Countermeasure to a Strike
- Labor Law – Improper Union Objective – Lawfulness of Concerted Action to Prevent the Use of Labor Saving Devices
- Insurance – Subrogation – Group Hospital Service Organization
- Federal Procedure – Venue in Third-Party Tort Actions Against the United States
- Hospitalization of the Voluntary Mental Patient
- Federal Procedure – Realignment of Parties in Non-Diversity Case
- Criminal Law- False Pretenses – Partner Fraudulently Obtaining Partnership Funds
- Corporations – “Personal Interst” of Directors in Corporate Transactions
- Constitutional Law – Self-Incrimination – Relation to Loyalty Discharge from Government Service
- Constitutional Law – Due Process – Judicial Review of Jury Determination on Coerced Character of Confession
- Real Property – Compensation for Abrogation of a Restrictive Covenant by Public Authority
- The Rule Against Perpetuities and Typical Oil and Gas Leases
- Obligations of a State-Created Authority: Do They Constitute a Debt of the State
- Federal Supremacy and State Anti-Subversive Legislation
- Michigan Title Examinations and the 1954 Revenue Code’s New General Lien Provisions
Issue 4
- Labor Law – Arbitration – Right of Employer of Discharge Employer Who Refuses to Testify Concerning His Communist Affiliation
- Monthly Periodical Index
- Recent Books, Notes
- Taxation – Federal Income Tax – Extent to Which A Dividend in Kind is Ordinary Income Under the Internal Revenue Code
- Medina: Judge Medina Speaks
- Real Property – General Scheme in Enforcement of Restrictive Covenants
- Real Property – Grantor’s Covenant to Insert Restrictions in Future Deeds as Personal Covenant
- Negligence – Proximate Cause – Liability of Saloon Keeper for Liquor Sale Against Wife’s Notice
- Negligence – Breach of Duty – Standard of Care Required of Infant Defendants
- Evidence – Admissibility in Federal Courts of Record of Telephone Conversation-Meaning of “Interception”
- Labor Law – Labor-Management Relations Act – Applicable Remedies When an Employer Transers to a New Location to Avoid Dealing With a Union
- Justice Murphy and the Welfare Question
- Constitutional Law – Legislative Contempt Power-Procedure Against Witness for Conduct Before Commission Composed of Legislators and Others
- Corporations – Right of Shareholder Under Uniform Stock Transfer to Have Shares Transferred Contrary to Corporation By-Laws
- Constitutional Law – Federal Regulation of Lobbying Act – Vague and Indefinite Language as Violation of First and Fifth Amendment
- Constitutional Law – Equal Protection – Discrimination Against Negroes in State Recreation Facilities
- Conflict of Laws — Escheat of Intangible Property to the State of Situs
- Labor Law – State Jurisdiction Over Acts Which Are Unfair Labor Practices Under Federal Labor Legislation
- Corporations – The Fudiciary Duty of Directors in the Issuance of Stock Subject to Preemptive Rights
- Adequacy of Instructions to the Jury: I
- Justice Jackson and the Judicial Function
Issue 5
- International Law – The Abrogation of Treaties by War
- Monthly Periodical Index
- Recent Books: Notes
- Alsop: We Accuse!
- Griswold: The Fifth Amendment Today
- Smith: James Duane Doty – Frontier Promoter
- Securities Regulation – Controlling Stockholders as “Issuers” Under the Securities Act of 1933
- Negligence – Res Ipsa Loquitur – Application to Multiple Defendants in the Alternative
- Municipal Corporations – Zoning – Amortization of Existing Noncomforming Uses
- Labor Law – Labor-Management Relations Act – Effect of Section 8(D) on the Right to Strike
- Boundaries: Description v. Survey
- Evidence – Presumptions – Continuting Life During Seven-Year Absence
- Descent and Distribution – Intestate Succession from an Adopted Child – Who Aim His “Brothers and Sisters”
- Criminal Law – Delay in Imposition of Sentence as Destroying Jurisdiction of Trial Court
- Corporations – Reclassification of Securities as a Purchase Under Section 16 (B) of the Securities and Exchange Act
- Constitutional Law- Zoning – Private High Schools Excluded from Zone in Which Public High Schools Permitted
- Constitutional Law – Commerce Clause – Federal Jurisdiction in Trade-Mark Infringement Proceedings Under the Lanham Act
- Taxation – Federal Income Taxation – Problems Created by the Complex Trust Provisions of the 1954 Code
- 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
- Responsibilities in the Transfer of Stock
Issue 6
- Evidence – Validity of Statutory Presumption of Intoxication from a Finding of 0.15 Percent Concentration of Alcohol in the Blood
- White: The Jacksonians
- Beaney: The Right to Counsel in American Courts
- Monthly Periodical Index
- Lore: How to Win A Tax Case
- Workmen’s Compensation – Traumatic Neurosis Without Physical Injury
- Municipal Corporations – Validity of Covenant to Maintain Parking Meters in Bond Issue to Finance Off-Street Parking Facilities
- Conflict of Laws – Due Process and Full Faith and Credit – Direct Action Statute
- Labor Law – Labor-Management Relations Act – Rights of Replaced “Economic” Strikers Under Section 8 (a)(3)
- Administrative Discretion in the Award of Federal Contracts
- Corporations – Preference Rights on Dissolution
- Constitutional Law – Right to Effective Assistance of Counsel in Federal Courts and Waiver Thereof
- Constitutional Law – Public Use Requirement and the Power of Eminent Domain
- Bills and Notes – Holder in Due Course – Notice of Infirmity in Instrument to Finance Company Closely Connected to Dealer
- Taxation – Federal Income Tax – Meals and Lodging Under the 1954 Code
- Legislation – Witness Immunity Act of 1954 – Constitutional and Interpretative Problem
- Labor Law – Right to Unemployment Compensation as Affected by Union-Management Retirement Agreement
- Adequacy of Instructions to the Jury: II
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
- Monthly Periodical Index
- Recent Books
- Halle: Civilization and Foreign Policy
- Morgan: Basic Problems of Evidence
- Wills – Revocation by Change in Circumstances – Effect of a Separation and Property Settlement Agreement
- Sales – Conditional Sales – Punitive Damages for Forcible Repossession of Chattel
- Legislation – Application of Merchantile License Tax to Lawyers
- Negligence – Duty of Landlord Toward his Own Social Guest Injured on a Common Stairway
- Labor Law – LMRA – Stock Purchase Plan as Subject of Compulsory Collective Bargaining
- Labor Law – Organizational Picketing in Industries not Affecting Interstate Commerce
- Labor Law – Collective Bargaining- Compulsory Retirement as Discharge “Without Cause” Under Collective Bargaining Agreement
- Tax-Free Corporate Acquisitions – The Law and the Proposed Regulations
- Criminal Procedure – Venue – Federal Offenses Committed Outside the Jurisdiction of Any State or District
- Criminal Procedure – Standing of the Press to Protest Judge’s Exclusion of the Public from Criminal Trial
- Corporations – Stockholders – Cancellation of Stock Issues Without Consideration
- Corporations – Capital Reduction Surplus as a Source of Divided Payments
- Constitutional Law – Federal Immunity from State Taxation – Validity of State Sales Tax Upon Purchases and Sales by National Banks
- Constitutional Law – Civil Rights Statute – Failure to Release Prisoner Promptly Not a Violation of Section 242
- Constitutional Law – Church and State – Statute Requiring Religion to be Taken Into Consideration in Adoption
- Civil Procedure – Process – Amendment When a Partnership is Served as a Corporation
- Partnerships – Valuation of Assets on Death of a Partner
- Criminal Law – Reexamination of Tests for Criminal Responsibility
- Suits Against Unincorporated Associations Under the Federal Rules of Civil Procedure
- Quasi-contract – Materialman’s Lien for Unrequested Expenditures in the Preservation of Another’s Property
Issue 8
- Criminal Law – Scope of Lawful Search and Seizure Without Warrant When Incident to Arrest
- Monthly Periodical Index
- Notes
- Cohen: The Principles of World Citizenship
- Evidence – Privilege – Maintaining Action Where the Evidence May Affect the National Security
- Weihofen: Mental Disorder as a Criminal Defense
- Conflict of Laws – Contracts – Enforcement of Foreign Contract Though Contrary to State
- Restitution – Election of Remedies – Action in Quasi-Contract Against Joint Tortfeasor as Barring Fraud Action Against Other Joint Tortfeasors
- Husband and Wife — Personal Tort Actions Between Spouses — Statutory Construction
- Limitations of Actions – Conversion
- Contributory Negligence – Duty of Pedestrian to Look While Crossing Intersection with Light
- Constitutional Law – Due Process – Validity of Refusal to Permit the Showing of a Motion Picture on the Grounds of Obscenity
- Criminal Law – Contradictory Statements Under Oath as Grounds for Perjury in the Federal Courts
- Constitutional Law – Federal Anti-Subversive Legislation – The Communist Control Act of 1954
- Antitrust Administration and Enforcement
- Antitrust and Labor
- The Patent-Antitrust Problem
- Antitrust Policy in Distribution
- The Antitrust Laws in Foregin Commerce
- Basic Antitrust Concepts