Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (42)
- University of Colorado Law School (12)
- Maurer School of Law: Indiana University (4)
- Vanderbilt University Law School (4)
- Fordham Law School (3)
-
- Georgetown University Law Center (3)
- Selected Works (3)
- University of Baltimore Law (3)
- University of Georgia School of Law (3)
- University of Pittsburgh School of Law (3)
- Cleveland State University (2)
- Duke Law (2)
- Texas A&M University School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- BLR (1)
- Boston University School of Law (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Florida A&M University College of Law (1)
- Marquette University Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- SelectedWorks (1)
- Singapore Management University (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- Publication Year
- Publication
-
- Articles (17)
- Michigan Law Review (11)
- Faculty Scholarship (9)
- Publications (9)
- University of Michigan Journal of Law Reform (7)
-
- Articles by Maurer Faculty (4)
- Vanderbilt Law Review (4)
- All Faculty Scholarship (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Michigan Journal of International Law (3)
- Scholarly Works (3)
- Georgia Journal of International & Comparative Law (2)
- Michigan Journal of Race and Law (2)
- Randy D. Gordon (2)
- Research Data (2)
- Cleveland State Law Review (1)
- Elisabeth Haub School of Law Student Publications (1)
- ExpressO (1)
- Faculty Articles (1)
- Jonathan Wood (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Librarian Scholarship (1)
- Librarians' Articles (1)
- Librarians' Chapters in Books (1)
- Marquette Law Review (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Michigan Journal of Gender & Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- Notre Dame Law Review (1)
- Publication Type
Articles 91 - 105 of 105
Full-Text Articles in Law
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review
Michigan Law Review
This Note argues that the two federal statutes are exempting statutes under section 522(b)(2)(A), and thus BRISA funds should be exempt in a bankruptcy action when the debtor uses the state exemption scheme. Part I argues that standard principles of statutory interpretation, as applied to the language of the bankruptcy statute, refute the possibility that Congress intended the list of statutes in the legislative history to be exclusive. Having established that statutes other than those listed may be included under section 522(b )(2)(A), Part II first refutes the argument that the absence of BRISA from the list of exempting statutes …
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine
Articles
Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …
Legislative History In Washington, Arthur C. Wang
Legislative History In Washington, Arthur C. Wang
Seattle University Law Review
This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande
Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande
All Faculty Scholarship
Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.
The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.
To …
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
University of Michigan Journal of Law Reform
Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …
Mens Rea And The Colorado Criminal Code, Marianne Wesson
Mens Rea And The Colorado Criminal Code, Marianne Wesson
Publications
No abstract provided.
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
University of Michigan Journal of Law Reform
This article contends that the public is deprived of an important source of information on public affairs issues as a result of the section 399(a) prohibition on editorializing. After an examination of the legislative history of Section 399(a), and the heritage of broadcast regulation in the United States, the article concludes that the prohibition on editorializing is an improper restriction on free expression in violation of the First Amendment.
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson
Publications
No abstract provided.
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider
To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider
University of Michigan Journal of Law Reform
The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.
Legislative Note: Micigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer
Legislative Note: Micigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer
University of Michigan Journal of Law Reform
Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …
Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis
Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis
Michigan Law Review
This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …