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Report To The President For The Year, 1975-76, University Of Michigan Law School

Miscellaneous Law School History & Publications

Report to the President of the University from the Dean of the Law School.

December 9, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •New Tax Clinic to Benefit Low, Middle Income Clients •First LSSS Meeting of Winter Term •Pirgim •Open letter to Prof. Peter Westen •Black Law Students Alliance •LSSS Meeting Minutes •Senior Day Planning •Library Annex Underground or Aboveground?? •T'was the Night Before •From the Desk of The Plagiarist •Some Law School Competitions We'd Like to See •A Special Christmas Carol Dedication •The Ultimate First Year Law School Exam Question •Grading

December 2, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Dean Cites Donors •I'm O.K., You're Rejected •Crossword •LSSS Meeting •Unplanned Changes in Legal Education •Positions Available on Scholarship •Student Senate •Murder •Juicy •Murray the K's Law School I.Q. Test •The All Purpose Law School Casebook Summary Statement •How to Speak Southern •First Year Law Students Win I.M. Grad Football Title •Football •1976 Senior Day •Football Poll

Vertical Distributional Restraints Under Schwinn And Sylvania: An Argument For The Continuing Use Of A Partial Per Se Approach, Martin B. Louis

Michigan Law Review

This phenomenon has been manifested in the vertical distribution cases, which seem to cry out for a departure from the rule of reason approach for several reasons. First, as section I of this article will show, vertical cases frequently involve a package of restraints--a characteristic that compounds all of the difficulties of evaluation mentioned above. Second, vertical restraints reduce intrabrand competition in order, supposedly, to promote interbrand competition. Thus, even if we could identify and measure both the procompetitive and anticompetitive effects of a particular restraint, we cannot assume a one-to-one equivalency, and we lack a workable process by which …

Adjudication Of Federal Causes Of Action In State Court, Martin H. Redish, John E. Muench

Michigan Law Review

The first section of this article considers the power of state courts to hear federal cases. Since it is now well established that state courts have the constitutional power to adjudicate federal causes of action if Congress so desires, the significant questions concern the method by which the judiciary is to decipher congressional intent. Although the courts have no difficulty where Congress has explicitly addressed the issue of state court jurisdiction, problems do arise in situations where Congress has remained silent on the question. The first section critically examines the traditional criteria employed by the courts for determining congressional intent …

Judicial Review Of Private Hospital Activities, Michigan Law Review

Michigan Law Review

This Note will examine the judicial review of hospitals under state law and the fourteenth amendment and will suggest that unless certain clear requirements for "publicness" are met, judicial restraint based on the failure of legislative institutions to mandate judicial interference is the better course.

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Regulation Of Electroconvulsive Therapy, Michigan Law Review

Michigan Law Review

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the unique circumstances of those patients who are likely to receive it create particularly difficult legal issues concerning the validity of the patient's consent. This Note will examine the various methods that are available to protect the rights of patients for whom ECT is proposed. After briefly explaining the nature of the therapy, the Note will discuss the efficacy of judicial remedies with respect to both competent and incompetent patients. It will argue that, because …

Memorial Resolution: Alan N. Polasky, Michigan Law Review

Michigan Law Review

A Tribute to Alan N. Polasky

Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review

Michigan Law Review

The purpose of this Note is to analyze the opinion in Blue Chip and to ascertain the content of the Birnbaum rule as it exists today. It will first discuss the opinion of the Court in Blue Chip itself and delineate the primary policy considerations upon which the majority focused. It will then apply these policy considerations to the major categories of case law that have arisen subsequent to Birnbaum and analyze the validity of this case law in light of Blue Chip.

November 19, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Bishop's International Law •LEXIS •Senior Day Planning •Placement News •Read-Only Memories •Theatre •Minutes of the LSSS Meeting •Crossword •From the Desk of THE PLAGIARIST •Devil's Dictionary- Law School Edition •Comments •Strat-O-Matic Football •The Proverbial Law Library Scene

November 12, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Petty Poetry •Minority Graduate Fellow Selected •Dean Eklund's Page •Memorandum •Placement Information •How to Avoid Being Called on When You Haven't Read the Case •Read-Only Memories •Crusader Rabbit •Cumulative Poll •Strat-O-Matic •Football Poll

November 5, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Crusader Rabbit •Theater News •Judge wants to try cocaine test in trial •Library $$ •Read-Only Memories •Comments •Strat-O-Matic Football •Football Poll

Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane

Michigan Law Review

Professors Clark and Merryman propose a useful indirect measure of the duration of litigation whose primary virtue is its ease of computation from published court data. As the authors note, such a measure of duration may be useful to persons involved in judicial administration and to attorneys formulating strategy in litigation, and the legal community should find informative their illustration of the concept with Italian court data. Concluding on a pragmatic note, Professors Clark and Merryman appear to suggest that attorneys, clients, judges, court administrators, and social scientists must ultimately assess the utility of their concept. In making this assessment, …

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …

Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

Consent In Criminal Law: Violence In Sports, Michigan Law Review

Michigan Law Review

Because there have been few criminal prosecutions for violence in sports, there are several difficult issues that have received only cursory analysis. This Note will focus on one such issue-the existence and effect of the consent of the injured party. In section I, it will analyze the various general theories relating to the nature of actual consent and will suggest that the current theoretical framework's emphasis on ascertaining the victim's subjective state of mind is, in some contexts, ill-conceived and unhelpful. It will argue that societal interests involved in human interactions should become a major focus of any analysis, particularly …

Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie

Michigan Law Review

It is the thesis of this article that the long-run implications of Firestone and Paul v. Davis will force a radical reformulation of the circumstances under which an individual may obtain legal redress for injury to his reputation brought about by falsehoods. The Court will eventually be obliged to abandon its fragmented treatment of the subject: At present, some injured persons have no chance of recovery; others are faced with requirements of proof that make recovery very difficult; still others can recover under significantly more relaxed standards of proof. The nature of the Court's likely reformulation will be developed later …

Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson

Michigan Law Review

On the Continent, a general theory of customary law has been developed-what I term the Continental theory; it identifies formation and validity as the central issues in the analysis of custom and customary law. Yet the Continental theory, notwithstanding its longevity and continuing favorable reception among international lawyers, is ridden with problems. In particular, as I argue in the following section, the theory fails for want of a coherent position on the formation issue. In the course of my argument, I suggest a classification of the norms of customary law in terms of a generic category broader in scope than …

Program Environmental Impact Statements: Review And Remedies, Michigan Law Review

Michigan Law Review

This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

October 29, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Law School Expansion •Bar Admissions Reach Record High No Drop in Sight •New Lawyers Looking for Jobs Face Buyer's Market, Says ABA •Read-Only Memories •Softball •Kauper •Comments •Social Committee Notes •Crusader Rabbit's Political Poll •Football Poll •Strat-O-Matic Football

October 22, 1976, University Of Michigan Law School

Res Gestae

The Docket •Notices •Judicial Positions to be Filled by All-Campus Student Government •Letters •LSSS Feature Section •Read-Only Memories •Theater Review: Othello •Bulletin Board Communications •Comments •12 Outrageous Things to do to Disrupt the Law School that I don't Have the Nerve to do Myself •Hopping Along with Crusader R. •Strat-O-Matic Football •Football Poll

October 15, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Comments •From the Desk of the Plagiarist •Election of Officers •1976 ABA Convention Report •Last Annual Student Survey •Strat-O-Matic Football •Football Poll

October 8, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Open Letter to LSSS Committee Applicants •LSSS Meeting •Wetlands Project Offered by PILS •Juvenile Court •Relevant Advise for the Modern Law Student •Read-Only Memories •From the Desk of the Plagiarist •The Modern Little Red Hen •Crusader Rabbit •Stratomatic Football •Sports Poll

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …

October 1, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Juan Luis Tienda Raza Memorial Scholarship •Notices •Comments •Law School Fund •The First Amendment on Trial •Minutes of the LSSS Meeting •Read-Only Memories •Law Firms the Placement Office Overlooked •Strat-O-Matic Football •Wealth of Nations •Sports Poll

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …

Proposal For A Model Name Act, Ellen Jean Dannin

University of Michigan Journal of Law Reform

This note will discuss the common law of names relating to such issues as identity, contract, civil procedure, and criminal procedure, as well as discussing common law and statutory change of name methods. The failure of some courts to apply the existing law of names in a manner consistent with the state interest in record keeping and the personal interest in freedom of expression will be reviewed. Finally, a model act will be proposed attempting to reconcile and promote these interests.

Bank Securities Activities And The Need To Separate Trust Departments From Large Commercial Banks, Thomas J. Schoenbaum

University of Michigan Journal of Law Reform

This article (1) analyzes the traditional Glass-Steagall Act restrictions on banks and the leading case of Investment Company Institute v. Camp, where the Supreme Court held that the offering by commercial banks of commingled agency accounts violated the Glass-Steagall Act prohibition against underwriting securities, (2) considers the. developments since that decision, and (3) offers suggestions on an approach to devising solutions to the policy questions involved.