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Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review
Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review
Michigan Law Review
This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …
The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson
The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson
University of Michigan Journal of Law Reform
Today more than ever the United States is a target for international migration. Population growth and economic stagnation in the Third World are increasing the pressures for emigration, and current United States immigration law is incapable of responding to the growing flow of illegal immigrants. The number of illegal aliens apprehended in the United States increased forty percent in 1983, and reached 1.4 million by the year's end. The backlog of applications for political asylum is over 165,000, and many of these claims are frivolous. Polls by Roper, Gallup, NBC, and others have shown that ninety percent of the American …
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
University of Michigan Journal of Law Reform
This Article will consider some of the controversial sections of the INA and the impact of the pending immigration legislation. Part I considers the labor certification requirement, a prerequisite for third and sixth preference immigrants. This Part concludes that clarification of the division of authority between the Attorney General and the Secretary of Labor, and of the intent of aliens to keep their certified jobs, would be desirable. Part II analyzes the requirements an alien must meet to adjust status to one, of the occupational preferences. The statutory refusal to adjust status of aliens who accept ''unauthorized employment" must be …
Resolving The Problem Of Undocumented Workers In American Society: A Model Guest Worker Statute, Marjorie E. Powell
Resolving The Problem Of Undocumented Workers In American Society: A Model Guest Worker Statute, Marjorie E. Powell
University of Michigan Journal of Law Reform
This Note argues that a temporary foreign worker program is needed to alleviate the effects of illegal immigration. Part I describes the problems that illegal aliens present and discusses the interests of the groups affected by their presence in the United States. Part II discusses the inability of forced repatriation, amnesty, closing the border, or employer sanctions to satisfy these interests. Part II also discusses the undesirability of ignoring the problem of illegal aliens. Part III explains how a program for admission of temporary foreign workers best meets the interests of domestic employers, domestic and foreign workers, sending countries, and …
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
University of Michigan Journal of Law Reform
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …
Introduction--Reviewing Immigration Policy: The Select Commission, The Debate Over Simpson-Mazzoli, And Beyond, Lawrence H. Fuchs
Introduction--Reviewing Immigration Policy: The Select Commission, The Debate Over Simpson-Mazzoli, And Beyond, Lawrence H. Fuchs
University of Michigan Journal of Law Reform
Although the authors of the Articles which follow could not possibly touch on all aspects of reform, they have highlighted several that are important, giving further stimulus to a discussion which is certain to continue even if the Simpson-Mazzoli bill passes soon. Each of them constitutes an important contribution to that discussion, and Professor Aleinikoff's Article is arguably the single most challenging and constructive to appear on the subject of asylum claims adjudication. The University of Michigan Journal of Law Reform should be congratulated for its contributions to the ongoing debate on immigration reform.
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
The United States Specialty Steel Industry, Michael H. Leb
The United States Specialty Steel Industry, Michael H. Leb
Michigan Journal of International Law
Part I of this note briefly describes the problems of the specialty steel industry and traces the attempts to deal with those problems from 1968 through the imposition of the relief measures which spawned the current negotiations. After discussing the trade history of the specialty steel industry, the note examines the effectiveness of two domestic import relief statutes through which the government has attempted to assist the industry. The note then analyzes U.S. attempts to aid the specialty steel industry through measures which violate the fundamental principles of the GATT system. The note concludes that since the GATT system cannot …
The Bildisco Case And The Congressional Response, James J. White
The Bildisco Case And The Congressional Response, James J. White
Articles
Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.