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Articles 1 - 10 of 10
Full-Text Articles in Law
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
Facially Neutral Criteria And Discrimination Under Title Vii: "Built-In Headwinds" Or Permissible Practices?, Dianne Brou Fraser
University of Michigan Journal of Law Reform
This article discusses how Title VII affects the operation of these facially neutral practices and attempts to determine when such practices are unlawful under Title VII. It also discusses the possible effects of the Equal Employment Opportunity Act of 1972 on this problem.
Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson
Protecting The Older Worker, H. Patrick Callahan, Charles T. Richardson
University of Michigan Journal of Law Reform
Unlike racial discrimination, age discrimination statutes do not prohibit all forms of discrimination but only those forms that are arbitrary. In this respect age is most analogous to sex as a basis of discrimination: in neither case has a conclusive statutory presumption been made that these factors are irrelevant in an employment situation; in both situations the employer must make his decision to hire or not to hire on the abilities of the individual and not on assumptions, proven or unproven, about the class as a whole. This note considers the extent of arbitrary age discrimination and what measures have …
Voter Registration Lists: Do They Yield A Jury Representative Of The Community, Fred A. Summer
Voter Registration Lists: Do They Yield A Jury Representative Of The Community, Fred A. Summer
University of Michigan Journal of Law Reform
The passage of the Federal Act was primarily a response to the inability of the prevailing jury selection process to achieve the goal of a representative jury. The Act requires that voter registration lists be used as the primary source of names for jury selection in federal courts. A similar provision applicable to state courts is included in the Uniform Jury Selection and Service Act, adopted by the Conference of Commissioners on Uniform State Laws in 1970.6 This article will examine the rationale and effectiveness of the use of voter registration lists as a means of achieving the goal of …
New Jersey Retail Installment Sales Act, Eric A. Oesterle
New Jersey Retail Installment Sales Act, Eric A. Oesterle
University of Michigan Journal of Law Reform
The effect of the enactment of the New Jersey bill is that a "retail buyer" may now assert against an assignee of the installment contract or subsequent "holder" of the negotiable note any defenses he has against the retail installment seller. The new law would appear to be one of the most comprehensive laws of its type to be enacted. However, the draftsmen apparently left a significant loophole, appropriately termed the "specious cash sale,” which, if exploited, could negate the intended effect of the new law. This note will analyze the bill, compare it with the relevant provisions of the …
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
University of Michigan Journal of Law Reform
This note examines what seems to be the most viable solution for metropolitan problems in Michigan: county home rule, as authorized by the 1963 state constitution. Since the primary obstacle to the use of county- home rule as a vehicle for metropolitan reform appears to lie in the present statutory authority, the Michigan County Home Rule Act of 1966 (Act), considerable attention is given to the Act and to recent legislation proposed to amend the Act, Michigan House Bill 5464, introduced into the Michigan Legislature on June 21, 1971, and currently pending before the Michigan House Committee on Towns and …
The Parole Board's Duty Of Self-Regulation, John P. Quinn
The Parole Board's Duty Of Self-Regulation, John P. Quinn
University of Michigan Journal of Law Reform
This article examines the Michigan Parole Board in terms of its structure, mode of operation, and certain legal issues raised by its procedures. The note argues that the Board's and the legislature's concept of professional, scientific decision-making is not an adequate substitute for the checks and balances which confine and control the discretion of other governmental agencies, and furthermore, that this concept is inconsistent with both the letter and spirit of the Michigan Administrative Procedures Act (MAPA or Act). Thereafter, an approach is suggested by which the Act can be used as a tool to legitimate and rationalize Parole Board …
The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman
The Proposed Housing Consolidation And Simplification Act Of 1971, William A. Newman
University of Michigan Journal of Law Reform
This note will describe the operation of selected housing programs and suggest some of the difficulties posed by the current statutory bases for these programs. It will then evaluate the effectiveness of the modifications contained in the proposed bill.
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.
A Proposed Form For Local Board Consideration Of Conscientious Objector Claims, David M. Fitzgerald
A Proposed Form For Local Board Consideration Of Conscientious Objector Claims, David M. Fitzgerald
University of Michigan Journal of Law Reform
The general subject of selective service reform contains enough problems to busy the proverbial thousand monkeys at a thousand typewriters for a thousand years in an effort to solve just one. A solution to one of these problems, conscientious objection, would surely justify the effort. But this article, being the work of a single man using a single typewriter over a period considerably less than a year, makes no such pretense. Unlike most of the books, articles, and commission reports dealing with the selective service law, and conscientious objection in particular, this article is concerned primarily with procedural rather than …
Land-Use Management In Delaware's Coastal Zone, Francis S. Babiarz
Land-Use Management In Delaware's Coastal Zone, Francis S. Babiarz
University of Michigan Journal of Law Reform
The vastness and variety of the resources of this nation's coastal area have in the past generally been sufficient to support a number of different land uses. Recreational, commercial, and industrial facilities have developed together, generally at the expense of the natural environment. These land uses, however, including the natural environment in its unused form, no longer simply coexist, but now actively vie for the limited coastal area remaining. The legislatures of several states have attempted to resolve this conflict in a variety of ways. In June of 197 1 the Delaware General Assembly enacted the Coastal Zone Act (CZA), …