Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law reform (4)
- Automatic stays (2)
- Bankruptcy Act (2)
- Chapter 13 (1)
- Chapter 9 (1)
-
- Cities (1)
- Clean Air Act Amendments of 1977 (1)
- Compensation (1)
- Creditors (1)
- Debtors (1)
- Diplomatic immunity (1)
- Diplomats (1)
- Disabilities (1)
- Foreign relations (1)
- Governance (1)
- Guilt (1)
- Guilty but mentally ill (1)
- Immunity (1)
- Incentives (1)
- Insanity (1)
- Legislative intent (1)
- Mental health (1)
- Mental illness (1)
- Michigan (1)
- Municipalities (1)
- National parks (1)
- People v. McQuillan (1)
- Pollution (1)
- Rehabilitation Act of 1973 (1)
- Stays (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye
Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye
University of Michigan Journal of Law Reform
As a result of public criticism and increasingly strained relations between diplomatic communities and local communities, Congress recently enacted legislation that dramatically changes United States diplomatic immunity law. This legislation eliminates the complete immunity from criminal and civil law proceedings that was afforded most foreign diplomats and their staffs, and establishes the rules of the Vienna Convention on Diplomatic Relations as the measure of diplomatic immunity in the United States. This article will examine the theoretical justification for diplomatic immunity and its application in the United States. The manner in which the recently enacted legislation alters United States diplomatic immunity …
Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn
Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn
University of Michigan Journal of Law Reform
While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic
University of Michigan Journal of Law Reform
This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.
Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy
Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy
University of Michigan Journal of Law Reform
In Mueller v. Nugent, decided shortly after the enactment of the Bankruptcy Act of 1898, the United States Supreme Court declared that a petition in bankruptcy is "a caveat to all the world, and in effect an attachment and injunction." This judicial gloss, much quoted and applied since, was an early recognition that a stay of creditors from collecting their claims against the debtor and his property from and after the filing of a petition under the Bankruptcy Act is indispensable to bankruptcy administration. Unless the creditors are stayed, the debtor's estate will be dismembered and the objective of equality …
Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards
Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards
University of Michigan Journal of Law Reform
Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.
Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer
Sunset Legislation: Spotlighting Bureaucracy, John M. Quitmeyer
University of Michigan Journal of Law Reform
This note suggests that sunset legislation is an appropriate response to these concerns. Section I describes the deficiencies of current methods by which the legislature reviews activities of the executive branch. Section II examines the provisions of sunset legislation, emphasizing the role of evaluation criteria, and suggests that elaborate quantitative techniques are not crucial for adequate evaluation. Evaluation criteria currently incorporated in various sunset statutes can best be classified according to those which apply to entity functioning and those which evaluate an entity's purpose. These criteria are treated in sections III and IV respectively.
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
The Clean Air Act Amendments Of 1977 And The National Parklands, Robert Maynard
University of Michigan Journal of Law Reform
This article explores the new legislative scheme as it pertains to national parklands. After outlining the history of the PSD concept, the article considers the PSD provisions and their application to national parklands. Examination of the visibility section, which rounds out the framework for preservation of parkland air resources set up in the PSD section, completes the discussion. The analysis focuses on several potential defects in the regulatory structure of the amendments, including the failure to extend immediate protection under the PSD and visibility sections to a large number of national parkland units, the somewhat unrealistic criteria chosen to define …
The Automatic Stay In Bankruptcy, Frank R. Kennedy
The Automatic Stay In Bankruptcy, Frank R. Kennedy
University of Michigan Journal of Law Reform
The filing of a petition under the Bankruptcy Act constitutes an automatic stay of all litigation against the debtor and most acts and actions against the debtor's property. The stay is one of the most notable features of the Rules of Bankruptcy Procedure promulgated by the Supreme Court. The constitutional and statutory basis for the automatic stay has been challenged, and the propriety and the scope of the stay have been contested and ruled on, in many reported opinions. The need and justification for an automatic stay in bankruptcy and debtor relief cases have been widely acknowledged, and an automatic …