Volume 54
1955-56
Issue 1
- Corporations – Provisions in Articles Authorizing Call of Common Stock at Option of Corporation
- Petrazycki: Law and Morality
- Wills – Ademption – Sale of Property by Guardian of Physically Incompetent Testator
- Taxation – Federal Income Tax – Punitive Damages and Recovered “Insider’s Profits” Taxable as Income
- Labor Law – Collective Bargaining – Enforceability of Collective Agreements Under Section 301(a)
- Labor Law – Collective Bargaining – Contract Ratification and Strike Authorization Clauses as Statutory Proposals
- Constitutional Law – Due Process – Automatic and Permanent Dismissal of Public School Teachers for Invoking the Privilege Against Self-Incrimination
- Gray vs. Powell and the Scope of Review
- Evidence – Spontaneous Declarations – Statement by Injured Party While on Way to Hospital
- Corporations – Extent to Which Vote of Proxy Binds the Shareholders
- Trusts – Spendthrift Trusts – Reduction in Income as Justification for Termination in Favor of Beneficiary
- Regulation of Business – Boxing and Theater Now Within Scope of the Sherman Act
- Real Property – Elimination of the Straw Man in the Creation of Joint Estates in Michigan
- Constitutional Law – Freedom of Religion – Judicial Intervention in Disputes Within Independent Church Bodies
- Partial Strikes and National Labor Policy
- Federal Procedure – Interlocutory Appeals – Appealability of Stay of Proceedings Under Section 1292 of the Judicial Code
- Labor Law – Certified Union’s Loss of Majority Status During Certification Year and Without Fault of Employer as Justification for Refusal to Bargain
- Monthly Periodical Index
- Securities Legislation – Fraud of Corporation Officers as Violation of Securities and Exchange Act of 1934
- Constitutional Law – Due Process – Dismissal of Appeal as Exercise of Contempt Power
- Recent Books
- McCormick: Handbook of the Law of Evidence
- Real Property – Recording – Sufficiency of Description for Notice
Issue 2
- Taxation – Inheritance Tax – Transfers Subject to Take Effect at or After Death
- Cahn: The Moral Decision
- Taxation – Federal Income Tax – Renting Out a Single Home as a Trade or Business for Purposes of Capital Loss Carry-Over
- Future Interests – Restraints on Alienation – Option to Repurchase at a Fixed Price
- Corporations – Charter – Change of Voting Right by Amendment
- Real Property – The Effect of Zoning Ordinances on the Law of Nuisance
- Labor Law – LMRA – “Hot Cargo” Clause as a Defense to Secondary Boycott
- Problems in the Removal of Federal Civil Servants
- Federal Procedure – Jurisdiction – Appeal from Judgment on Some of Several Multiple Claims Under Rule 54(b)
- Monthy Periodical Index
- Wills – Religious Conditions in Restraint of Marriage – Validity at Common Law and Effect of Shelley v. Kraemer
- Corporations – Stockholders – Effect of State Constitutional Provisions on Liabilty to Creditors for Unpaid Subscriptions
- Recent Books
- Federal Procedure – Venue – Interpretation of Section 1404(a) in Cases Arising Under the Federal Employers’ Liability Act
- Admiralty – Constitutional Law – Effect of State Regulation of Marine Insurance on Uniformity of Maritime Law
- McDermott: Deskbook on Land Titles and Land Law
- Sales – Transfer of Title – Effect of Motor Vehicle Act
- Patents and Antitrust: Peaceful Coxeistence?
- Judge and the Crime Burden
Issue 3
- Contracts – Restraint on Employee’s Rights to Enter Competing Business – Partial Enforcement of Restraint Indivisible by Its Own Terms
- Periodical Index
- Bailey, Simon, Dahl, Snyder, de Grazia, Moos, David & Truman: Research Frontiers in Politics and Government. Brookings Lectures, 1955
- Taxation – Federal Estate Tax – Deductibility of Contingent Bequests to Charity
- Criminal Procedure – Searches and Seizures – Admissibility of Evidence Obtained Through Unlawful Search and Seizure
- Evidence – Physician – Patient Privilege – Applicability to Communication Between State Mental Hospital Psychiatrist and Criminal Internee
- Recent Books
- Jackson: The Supreme Court in the American System of Government
- Labor Law – LMRA – Status of Union Official as an “Employee Representative” for Purposes of Prosecution Under Section 302
- Corporations – Stockholders – Fiduciary Relationship in Sale of Controlling Stock Interest
- Constitutional Law – Due Process – Power of Michigan One-Man Grand Jury to Punish Contempt
- Some Abuses of Antitrust Prosecution: The Investment Bankers Case
- Torts – Master and Servant – Payment of Social Security Tax as Evidence of Relationship
- Regulation of Business – Fair Trade Laws – Application of the McGuire Act to Mail Order Sales Emanating in a Non-Fair Trade Jurisdiction
- Rationale of Valuation of Foreign Money Obligations
- Labor Law – Federal Procedure – Stay of State Court Proceedings Involving Matters Within the Exclusive Jurisdiction of the NLRB
- Municipal Corporations – Tort Liability – Purchase of Liability Insurance as Waiver of Immunity
Issue 4
- Simes: Public Policy and the Dead Hand
- Periodical Index
- Labor Law – LMRA – Duty of Certified Union to Represent Bargaining Unit Fairly
- Descent and Distribution – Ancestral Property – Exclusion of Next of Kin Other Than Half Bloods
- Corporations – Officers and Directors – Acquistion of Corporate Opportunity After Rejection by Board of Directors
- Conflict of Laws – Full Faith and Credit – Exclusive-Remedy Provision of Foreign Workmen’s Compensation Law
- Contracts – Offer and Acceptance – Effect of Post Office Regulations on Adams v. Lindsell Doctrine
- International Law – United Nations – Administrative Tribunals As Adjudicators of Disputes Arising out of Employment Contracts with International Organizations
- Labor Law – Labor – Management Relations Act – Further Comments on Federalism
- The Wills Branch of the Worthier Title Doctrine
- Constitutional Law – Due Process – Privilege Against Self-Incrimination in State Criminal Proceedings
- Taxation – Federal Estate Tax – Includibilty of Accumulated Income of Trust Where Corpus Included in Gross Estate
- Corporations – Shareholders – Power of the Majority to Ratify Director’s Fraud
- Real Property – Water Rights – Liability for Discharge of Surface Water
- Labor Law – LMRA – Strike Without Compliance with Arbitration Clause of Collective Agreement as Unprotected Concerted Activity
- Personal Property – Gifts Causa Mortis – Effect of Informal Writing Where There is No Actual Delivery
- Recent Books
- Insurance – Recovery – Land Contract Purchaser Allowed Recovery on Both Vendee’s and Vendor’s Policies in Excess of Loss
- Family Responsibilty Under the American Poor Laws: I
- Gough: Fundamental Law in English Constitutional History
Issue 5
- Corporations – Shareholders – Use of Corporate Funds for Proxy Contest Expenses
- Taxation – Federal Income Tax – Treatment of Gains from Commodity Futures Transactions of Manufacturing Consumer
- Taxation – Federal Income Tax – Deductibility of Transportation Expenses Between Two Places of Current Employment
- Corporations – Political Activities – Interpretation of Statute Prohibiting Political Contributions by Corporation
- Constitutional Law – Civil Rights Acts – Civil Liability of State Officials Acting Withing Their Discretionary Powers
- Patent Office Performance in Perspective
- Regulation of Business – Robinson-Patman Act – A Further Look at Functional Discounts
- Family Responsibilty Under the American Poor Laws: II
- Corwin: The “Higher Law” Background of American Constitutional Law
- Restitution – Fraud – Prospective Vendee’s Rights Against Broker
- Criminal Law – Trial – Duty of Judge to Instruct on Lesser and Included Crimes
- Constitutional Law – Equal Protection – Determinable Fee as Devise to Impose Racial Restrictions on Use of Land
- Conflict of Laws – Brokerage Contracts – Out-of-State Broker Denied Commission Because of Isolated Acts Within Forum
- Securities – Effect of Certificate of Title Acts of Sales on Encumberd Vehicles to Purchasers in Ordinary Course
- Periodical Index
- Rule Against Perpetuities – Recent Legislation in Massachusetts, Maine and Connecticut
- Incidents of the Government-Servant Relationship
- Baker: Law of Disputed and Forged Documents
- Regulation of Business – Sherman Act – Patent Pool Agreements Which Restricts Fields of Use
- Regulation of Business – Fair Trade Acts – Availability of Injunction Against Nonsigner’s Inducing Breach of Fair Trade Agreement
- Future Interests – Trusts – Time for Ascertainment of Heirs After Life Estate In Trust With Unexercised Power of Appointment and No Gift in Default
Issue 6
- Vaughan: The United States Patent System. Legal and Economic Conflicts in American Patent History
- Torts – Federal Torts Claims Act- Pertinence of Governmental Proprietary Distinction
- Securities – Inter Vivos Gifts to Minors
- Taxation – Federal Income Tax – Damages for Injury to Business as Return of Capital or Income
- Labor Law – LMRA – Validity Under Federal Act of State Right to Work Statute Interpreted to Bar Exclusive Bargaining Rights Clause
- Corporations – Officers and Directors – Effect of An Equitable Lien on Directors’ Liability
- Constitutional Law – Delegation of Legislative Power – Use of State Agency Classification as Basis for Federal Law
- Conflict of Laws – Torts – Proper Party Plaintiff in Wrongful Death Actions
- Periodical Index
- Vanderbilt: The Challenge of Law Reform
- Labor Law – Collective Bargaining – Unprotected Activities of Union as Violation of Duty to Bargain in Good Faith
- Recent Books
- Determination of Heirship
- Labor Law – Collective Bargaining – Duty of Employer to Allow Union Time Study
- Criminal Law – Felony -Murder Rule – Application to the Justifiable Killing of An Accomplice by the Intended Victim
- Constitutional Law – Bills of Attainder – Legislative Denial of Salary Appropriation
- Trusts – Life Insurance Trusts – Contingent Unfunded Life Insurance Trust as Testamentary Disposition
- Torts – Liability of Supplier of Chattel – Proof of Manufacturer’s Negligence
- Constitutional Law – Deportation – Use of Confidential Information in Denial of Discretionary Relief
- Taxation – Liens -Priority of A Subsequent Federal Tax Lien Over an Antecedent Inchoate Lien
- Restitution – Recission – Measure of Restitution Required of Rescinding Vendee of Executed Land Contract
- Future Interests – Possibilities of Reverter – Constitutionality of Retroactive Limitation
- Constitutional Law – Due Process – Use of Habeas Corpus to Allow Federal Court to Review State Court Jury Determination of Voluntariness of Confession
- Maritime Lien Priorities: Cross-Currents of Theory
Issue 7
- CML- Procedure – Jurisdiction – Recent Legislation Asserting Jurisdiction Over Nonresident Tort-Feasors
- Mason: Security Through Freedom. American Political Thought and Practice.
- Lawson: A Common Lawyer Looks at the Civil Law
- Labor Law – LMRA – Discrimination Discharge – Effect of Legal Ground for Discharge Where Possible Dual Motivation Exists
- Municipal Corporations – Police Power – Delegation of Power to Patrol Highways to Private Corporation
- Constitutional Law – Right to Counsel in Juvenile Court
- Bills and Notes – Holders in Due Course – Payment to an Impostor
- Social Scientists Take the Stand: A Review and Appraisal of Their Testimony in Litigation
- Aliens – Denaturalization – Requirement that the Governmnet be Deceived in Naturalization Proceeding as Basis for Denaturalization
- Corporations – Shareholders – Majority Liability for Improper Stock Redemption by Corporation and for Misrepresentations in Private Stock Purchases from Minority Holders
- Periodical Index
- Recent Books
- Future Interests – Restraints on Alienation – Validity of Pre-Emptive Provision
- Torts – Parent – Child Action By Child for Indirect Interference with Family Relationship
- Labor Law – LMRA – Deduction of Workmen’s Compensation from Employer’s Back Pay Liability
- International Law – Sovereign Immunity – Seizure of Property Under Restrictive Immunity Doctrine
- Constitutional Law – Interstate Commerce – Power of States to Recalculate Aircraft Operating in Interstate Commerce
- Descent and Distribution – Effect of Advancements, Debts and Releases When Expectant Distributee Predeceases Intestate
- Municipal Corporations – Tort Liability – Duty to Protect Police Informer
- Sales – Contributory Negligence – Use as a Defense in Action for Breach of Implied Warranty
- Comparative Legal Research, Some Remarks on “Looking Out of the Cave”
- Evidence – Admissibility – Extent to Which Juror’s Affidavit May Be Used to Impeach Verdict
- The Installment Land Contract as a Junior Security
- Corwin & Koenig: The Presidency Today
Issue 8
- The Fourteenth Amendment Reconsidered, The Segregation Question
- Periodical Index
- Recent Books
- The Martial Deduction and Equalization Under the Federal Estate and Gift Taxes Between Common Law and Community Property States
- Rodell: Nine Men: A Political History of the Supreme Court of the United States from 1790 to 1955
- Constitutional Law – Equal Protection – Legality of Plans for Maintaining School Segregation
- The Law School – 1955-1956
- Labor Law – LMRA – Substantive Application by a State Court of Section 8(b)
- Taxation – Federal Income Tax – Purchase by Network of Corporation Producing Entertainer’s Radio Show as Compensation to Entertainer
- Workmen’s Compensation – Injury Suffered During Coffee Break as Arising Out of and in the Course of Employment
- Criminal Procedure – Availablity of Federal Court Injunction to Prevent Federal Officer from Testifying in State Court as to Illegally-Obtained Evidence
- Constitutional Law – Interstate Commerce – Validity of Segregation in Interstate Railway Facilities
- Civil Procedure – Interpleader – Right to Jury Trial
- Constitutional Law – Due Process – State Procedure for Attacking the Composition of Grand Juries
- Municipal Corporations – Statutory Liability for Mob Violence – Definition of Correctional Power
- Securities Legislation – Limitations Upon the Scope of Rule X-10B-5
- Taxation – Federal Income Tax – Stockholder’s Contractual Duty to Creditors to Finance Corporation as a Business for Purposes of Bad Debt Deduction
- Griffith: Congress – Its Contemporary Role
- Denning: The Road to Justice