Law Commons^™

Laws That Are Made To Be Broken: Adjusting For Anticipated Noncompliance, Michigan Law Review

Michigan Law Review

This Note explores and defends a legislative strategy that has neither been clearly articulated by legal theorists nor methodically pursued by practical lawmakers. Most laws are introduced with the expectation that they will sometimes be broken, but it is generally -thought that noncompliance diminishes the utility of laws. It is possible, however, to design laws the utility of which is actually enhanced by a certain amount of noncompliance. As a corollary, it can ·be shown that it is rational, under some circumstances, for a legislature to enact laws that are not just expected but are intended to be broken with …

The Ftc's Injunctive Authority Against False Advertising Of Food And Drugs, Michigan Law Review

Michigan Law Review

Two judicial decisions in the early 1950s construing the FTC's section 13 (a) power produced a conflict that has not been resolved either by later courts or by the amendments to section 13 enacted in 1973. The dispute basically concerns the depth of the courts' inquiry into whether an advertisement violates- section 12 and the applicability of traditional equitable concepts in the context of the statutory injunction procedure. This Note contends that the legislative history of pertinent provisions of the Act suggests an appropriate resolution of the conflict through a two-step approach that would relax the scrutiny ordinarily accorded petitions …

Intra-Enterprise Conspiracy Under Section 1 Of The Sherman Act: A Suggested Standard, Michigan Law Review

Michigan Law Review

Section I of this Note analyzes the cases in which the Supreme Court has implied a doctrine of intra-enterprise conspiracy. Section II then sets forth the theoretical and practical difficulties that such a doctrine entails. Section III, in turn, considers previous proposals for limiting the scope of the intra-enterprise conspiracy doctrine and examines their deficiencies. Finally, section IV presents an alternative analysis of the intra-enterprise conspiracy issue and proposes a standard for determining when application of section 1 of the Sherman Act to parent-subsidiary relations is inappropriate.

Fair Employment Practice Commission Report: July 1, 1975 - June 30, 1976, Fair Employment Practice Commission

California Agencies

No abstract provided.

Annual Report 1976-77, Metropolitan Transportation Commission

California Agencies

No abstract provided.

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Reprisal Discharges Of Union Officials, Alan V. Reuther

University of Michigan Journal of Law Reform

Usually union officers and employees are also members of their union. The dual status of officer-members and employee-members places them in a unique situation under the LMRDA. As union members, they are entitled to the rights enumerated in Title I. As union officers and employees, however, they serve at the pleasure of their superiors. This situation raises the question whether officer- and employee-members have a cause of action under the LMRDA when they are discharged in retaliation for exercising rights protected under Title 1. Resolution of this question depends upon whether or not such reprisal discharges violate the provisions of …

Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii

University of Richmond Law Review

There can be little doubt that since the late 1960's the status and conditions of our prisons have become a public issue. It can probably be said without citation that as a general proposition most states have found their prisons in a state of need. Our prisons have for many years been economically neglected in the wake of more publicly acceptable priorities. The philosophy seemed to be that prisoners were criminals that should be put away, and their lot was of their own making. There would then, of course, always be more pressing and socially acceptable purposes for which to …

Property, E. F. Roberts

Cornell Law Faculty Publications

A survey can either restate the obvious or attempt to add a critical dimension to the law’s uncertain progress. The obvious can be gleaned merely by scanning the orange-covered paperback indices which go with the official advance sheets and in which cases are condensed in the best headnote hunter’s style. This exercise presupposes a reader possessed of an interest in something more than the obvious, and one who enjoys a critique of a few key cases, precisely for the challenge of making an independent judgment of whether New York property law has progressed during the past Survey year.

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers

A Uniform Comparative Fault Act--What Should It Prove?, John W. Wade

University of Michigan Journal of Law Reform

The Committee has determined to treat the resultant delay as serendipitous and to use it for the purpose of improving the Act and presenting it in the best shape possible. To this end, as the Chairman of the Special Committee, I have prepared this presentation for publication. The presentation is intended to serve two purposes: (1) to provide for the legal profession information as to the present status of the Act, and the provisions it now carries, and (2) to solicit criticisms and suggestions for improvement from interested persons.

I am therefore presenting here the Uniform Comparative Fault Act in …

Legislative Notes: Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach

University of Michigan Journal of Law Reform

A great deal has been said and written about the need for meaningful reclamation requirements for the surface mining of coal. Nonetheless, little attention has been given to the large quantity of land disturbed by mining for other minerals. Thirty-eight states have laws dealing directly with reclamation from a wide variety of mining operations . For purposes of this note, reclamation refers to those measures taken concurrently with or after the mining operation to reduce or repair the adverse effects of the operation on disrupted land . Environmental management is a much broader term which encompasses the full range of …

Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller

Publications

No abstract provided.

Toward A Revision Of The Minting And Coinage Laws Of The United States, David L. Ganz

Cleveland State Law Review

The time has come for change -for the recodification, revision, and modernization of American minting and coinage laws. The purposes of this Article are multi-fold; to examine current coinage laws, to discuss a revision proposed in1973, to present views expressed and heard by Congress in recent times, and to mesh these points in such a manner that a more viable series of minting and coinage laws will emerge. Involved in this inter-twining will be several competing interests: those of the Department of the Treasury and its subsidiary Bureau of the Mint; to the extent that their functions overlap, the Bureau …

The Model Coinage And Minting Act, United States Congress

Cleveland State Law Review

An Act to revise, modernize, and codify the statutes relating to coinage and the Bureau of the Mint

Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop

University of Richmond Law Review

During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.

A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin

University of Richmond Law Review

Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …

The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk

Indiana Law Journal

Symposium: Separation of Powers

Session Law 77-432, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-456, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-416, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-397, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-413, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-045, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-254, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-246, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-374, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-296, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-394, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.