Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Florida State University College of Law (60)
- University of Michigan Law School (22)
- Golden Gate University School of Law (10)
- Maurer School of Law: Indiana University (10)
- University of Colorado Law School (4)
-
- University of Richmond (3)
- Cleveland State University (2)
- UIC School of Law (2)
- Cornell University Law School (1)
- North Carolina Central University School of Law (1)
- Selected Works (1)
- The Catholic University of America, Columbus School of Law (1)
- University at Buffalo School of Law (1)
- West Virginia University (1)
- Winthrop University (1)
- Keyword
-
- Law reform (5)
- Tort reform (4)
- Labor unions (3)
- Separation of Powers (3)
- Administrative procedure -- United States (2)
-
- Buckley v. Valeo (2)
- Checks and Balances (2)
- Civil Rights Act (2)
- Compensation (2)
- Congress (2)
- Congressional Veto (2)
- Corporations (2)
- Courts (2)
- Doctrine of Separation of Powers (2)
- Drugs (2)
- Evidence law (2)
- Federal Rules of Evidence (2)
- Federal Trade Commission Act (2)
- Federalism (2)
- Foreign relations of the United States (2)
- Internal Revenue Code (2)
- Judiciary (2)
- Labor-Management Reporting and Disclosure Act (2)
- Michigan (2)
- Politics (2)
- Separation of powers (2)
- Tax reform (2)
- Uniform Commercial Code (2)
- United States -- Congress (2)
- War Powers Resolution (2)
- Publication
-
- Staff Analysis (60)
- University of Michigan Journal of Law Reform (15)
- Indiana Law Journal (8)
- Michigan Law Review (6)
- California Joint Committees (4)
-
- Publications (4)
- California Agencies (3)
- California Assembly (3)
- University of Richmond Law Review (3)
- Cleveland State Law Review (2)
- UIC Law Review (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Buffalo Law Review (1)
- Cornell Law Faculty Publications (1)
- George D. Brown (1)
- IUSTITIA (1)
- Manuscript Collection (1)
- North Carolina Central Law Review (1)
- Scholarly Articles (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 120
Full-Text Articles in Law
Annual Report Of The Colorado River Board Of California, 1977, Colorado River Board Of California
Annual Report Of The Colorado River Board Of California, 1977, Colorado River Board Of California
California Agencies
No abstract provided.
Use Of Deadly Force By Law Enforcement Personnel, Assembly Committee On Criminal Justice, Assembly Subcommittee On Reform Of The Penal Code, Assembly Subcommittee On Law Enforcement Specialized Training
Use Of Deadly Force By Law Enforcement Personnel, Assembly Committee On Criminal Justice, Assembly Subcommittee On Reform Of The Penal Code, Assembly Subcommittee On Law Enforcement Specialized Training
California Assembly
No abstract provided.
Future Public Transportaion Plans In The San Francisco/San Jose Corridor Including Implementation Of Ab 1853, Assembly Committee On Transportation
Future Public Transportaion Plans In The San Francisco/San Jose Corridor Including Implementation Of Ab 1853, Assembly Committee On Transportation
California Assembly
No abstract provided.
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Michigan Law Review
The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.
Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown
Beyond The New Federalism: Revenue Sharing In Perspective, George D. Brown
George D. Brown
In 1972 Congress added General Revenue Sharing to the list of federal grant-in-aid programs for states and localities. President Nixon had recommended Revenue Sharing, as apart of his "New Federalism," because it would foster local autonomy by minimizing federal restrictions on the grants. When General Revenue Sharing was renewed in 1976, Congress made no changes in the formula, leading some commentators to minimize the significance of those changes which were made. Professor Brown argues that the 1976 renewal amendments to the Revenue Sharing Act are an example of "interventionist federalism," a new form of federal influence over state and local …
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
Transcript Of Hearing On Procedural Reform, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Government Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Decriminalizing The Marijuana User: A Drafter's Guide, Richard J. Bonnie
Decriminalizing The Marijuana User: A Drafter's Guide, Richard J. Bonnie
University of Michigan Journal of Law Reform
The article does not discuss the arguments in favor of decriminalization, a matter which the author' and others have covered elsewhere. Nor does the article consider the even more difficult questions involved in a legislative decision to legalize the drug and authorize its distribution for nonmedical uses. International obligations, federal law, and current political realities preclude enactment of a regulatory approach toward the availability of marijuana, including any variant of the so-called alcohol model. Although a state conceivably could repeal its laws against cultivation and distribution of marijuana, including only the federal prohibitions in effect, such an overt departure from …
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth
University of Michigan Journal of Law Reform
This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …
Penalizing Bribery Of Foreign Officials Through The Tax Laws: A Case For Repealing Section 162 (C)(1), Christopher Alan Lewis
Penalizing Bribery Of Foreign Officials Through The Tax Laws: A Case For Repealing Section 162 (C)(1), Christopher Alan Lewis
University of Michigan Journal of Law Reform
Most commentary on these congressional attempts to use tax laws to control the ethics of overseas enterprises has centered either on the effectiveness of these provisions or on the burdens and difficulties involved with their implementation. This article, while discussing these issues, is concerned primarily with the conceptual justifications and the direct economic effects of these tax provisions. The article contends that section 162(c)(1) and the pertinent provisions of the Tax Reform Act of 1976 are disguised penalties which often operate arbitrarily and unfairly and concludes that they should be repealed in favor of more equitable and effective deterrents.
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
University of Michigan Journal of Law Reform
After examining the structure and tax consequences of ESOPs, this note will argue that ESOPs should guarantee employees full voting rights over securities transferred to them under such plans. This note will also propose that ESOPs can be used in employee takeovers of corporations as part of a plan to help prevent plant closings.
The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford
The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford
Buffalo Law Review
No abstract provided.
Hearings And Reports Of Committees Of The California Legislature During 1975-76: A Listing, Assembly Office Of Research
Hearings And Reports Of Committees Of The California Legislature During 1975-76: A Listing, Assembly Office Of Research
California Assembly
This record provides a reference to the date, place and subject of study committee hearings and to reports produced by Assembly, Senate and Joint Legislative Committees during the 1975-1976 Session. Prior to 1972 these committees were called interim committees. The 1975-1976 Session convened on 2 December 1974 and adjourned sine die on 30 November 1976.
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Products Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
Transcript Of Hearing On Professional Liability, Joint Committee On Tort Liability
California Joint Committees
No abstract provided.
Congressional Treatment Of Confidential Business Information: Proposals To Avert Unwarranted Disclosure, Barbara J. Smith
Congressional Treatment Of Confidential Business Information: Proposals To Avert Unwarranted Disclosure, Barbara J. Smith
Indiana Law Journal
No abstract provided.
Session Law 77-342, Florida Senate & House Of Representatives
Session Law 77-342, Florida Senate & House Of Representatives
Staff Analysis
No abstract provided.
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White
Articles
A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …
Carter's Projected "Zero-Based" Review Of The Internal Revenue Code: Is Our Tax Code To Be "Born Again"?, L. Hart Wright
Carter's Projected "Zero-Based" Review Of The Internal Revenue Code: Is Our Tax Code To Be "Born Again"?, L. Hart Wright
Michigan Law Review
The evolution of today's Internal Revenue Code, which began with the mere embryo that Congress created in 1913, has absorbed over the ensuing sixty-four years more creative energy on the part of more co-authors than any other law in history. Despite this unstinted expenditure of "blood, sweat, and tears," the resulting document--were it possessed of human senses--would recognize that, for a foreseeable period, its life will be anything but serene. The plight in which it would find itself could even be compared to that early morning scene observed one hundred years ago by General Custer, when hostile forces were massed …
The Webb-Pomerene Act At Home And Abroad, Richard A. Sloan
The Webb-Pomerene Act At Home And Abroad, Richard A. Sloan
IUSTITIA
For the most prolonged period of time in recent history, American corporations have been experiencing difficulties in dealing with foreign economic competition. Consequently, there has been a growing interest in finding ways to enhance the marketing strength of American firms competing with foreign firms in foreign markets. This is not the first time concern with American firms' competitive strength has been articulated; the Webb- Pomerene Act of 1918 was an attempt by Congress to vitalize American exporting firms. Since 1918, the Webb-Pomerene Act has been the subject of disagreement as to its usefulness and effectiveness in achieving its stated goal. …
Session Law 77-457, Florida Senate & House Of Representatives
Session Law 77-457, Florida Senate & House Of Representatives
Staff Analysis
No abstract provided.
Article 50: Legislative Delegation To Private Agricultural Groups, James R. Rich
Article 50: Legislative Delegation To Private Agricultural Groups, James R. Rich
North Carolina Central Law Review
No abstract provided.
Marital Agreements In Contemplation Of Divorce, Barbara Klarman
Marital Agreements In Contemplation Of Divorce, Barbara Klarman
University of Michigan Journal of Law Reform
Romantic notions that marriage is forever are beginning to give way to the more realistic assessments that marriages indeed may not last. The pressure has been mounting for ways to provide economic planning to parties in the relatively likely event that their marriages terminate in divorce. The purpose of this article is to focus on one method of obtaining such planning: the marital agreement setting forth the support and property distribution which the parties would follow in the event of divorce. This article will review the law regarding marital agreements in contemplation of divorce as it exists in the United …
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
Efts: Consumer Protection Under The Ucc, Susan E. Jinnett
University of Michigan Journal of Law Reform
In view of the economic significance of the payments system, the laws governing it must be equitable and comprehensive. The development of the commercial law applicable to EFTS's, however, currently lags behind the growth of these systems. Threats to the integrity of EFTS's stem from lost, stolen, or forged access cards, illegal taps into communication lines, physical impairment of the equipment, or improper programming. The legal rights and liabilities of consumers where the integrity of an EFTS has been breached remains unclear, in part because the status of EFTS's under current law is uncertain. The rights of the parties involved …
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner
University of Michigan Journal of Law Reform
It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.
Legislative Notes: The Economic Impact Disclosure Act, William F. Flynn
Legislative Notes: The Economic Impact Disclosure Act, William F. Flynn
University of Michigan Journal of Law Reform
While the traditional concern with agency discretion is that agency decision-making will be biased in favor of the regulated industries, agencies are also criticized for failing to investigate the impact of their policies on the regulated client and the resulting cost to consumers. This failure prevents the agency from responding adequately to the legitimate interests of either the business community or consumers. This note examines a recently developed procedure designed to improve the agency decisionmaking process by requiring economic prediction of the effect which agency activities will have prior to agency action.
In particular, this note examines three issues. Part …
State Legislative Responses To The Arab Boycott Of Israel, Maurice Portley
State Legislative Responses To The Arab Boycott Of Israel, Maurice Portley
University of Michigan Journal of Law Reform
The Arab boycott of Israel confronts the American business community with difficult ethical and political decisions. Six states, led by New York, have quietly enacted anti boycott laws designed to prevent economic trade opportunities with the Middle East from encouraging discrimination within their borders. The laws seek to prohibit the discriminatory effects of the boycott, which indicates that the Arab-Israeli conflict is not limited to military weapons or confined to the nations of the Middle East. More importantly, the states' responses signal a growing awareness that the federal government is unwilling to handle the complex moral, political, economic, and legal …
The Impact Of The Foia On Nlrb Discovery Procedures, Del Dillingham
The Impact Of The Foia On Nlrb Discovery Procedures, Del Dillingham
University of Michigan Journal of Law Reform
A prerequisite to filing a suit under the FOIA is the exhaustion of administrative remedies; in an unfair labor practice hearing, this means petitioning the Board for discovery. The increase in the number of suits against the Board under the FOIA demonstrates a growing dissatisfaction with the Board's discovery procedures. This article will discuss the impact of the FOIA on the Board's policies and practices and will examine various factors which must be considered in applying the Act to the NLRB.
Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case
Tort Liability Of Labor Unions For Picket Line Assaults, David R. Case
University of Michigan Journal of Law Reform
This article will discuss whether tort actions against unions for picket line assaults are preempted by the National Labor Relations Act, and if not preempted, what forums are available to hear such actions. This article will also examine the theories that have been used to hold unions liable for the assaults committed by their picketers. Included in this discussion will be an analysis of the policy considerations offered in support of the various theories of liability.
Survey Of Developments In West Virginia Law: 1976
Survey Of Developments In West Virginia Law: 1976
West Virginia Law Review
No abstract provided.