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Full-Text Articles in Law
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
Ed Cooper, Rule 56, And Charles E. Clark's Fountain Of Youth, Steven S. Gensler
University of Michigan Journal of Law Reform
Nobody had a greater impact on the formulation of the original Civil Rules than Clark. His role as both the principal architect2 and the principal draftsman3 of the Civil Rules is well known. As Professor Wright once put it, although the Civil Rules were a joint effort, "the end product bears the unmistakable Clark stamp."4 But Clark started shaping the Civil Rules even before drafting began.5 Initially, Chief Justice Hughes thought the civil rules project should be limited to creating rules for actions at law (leaving in place-and separate-the existing equity rules).6 A passionate advocate for merging law and equity …
Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix
Professor Ed Cooper: Zen Minimalist, Linda S. Mullenix
University of Michigan Journal of Law Reform
In celebration of his twentieth year as the Reporter for the Advisory Committee on Civil Rules, I write to contribute some modest reflections on Professor Cooper's tenure as Advisory Committee Reporter. My comments are those of an academic who had the opportunity to observe the Advisory Committee for nearly a decade, but they are largely the comments of an outsider. Readers might be disappointed to find that there is no dish or inside baseball here.
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica
They Were Meant For Each Other: Professor Edward Cooper And The Rules Enabling Act, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal, Anthony J. Scirica
University of Michigan Journal of Law Reform
This introduction to the essays in this Symposium illuminates Professor Ed Cooper's years as Reporter to the Civil Rules Committee by first briefly describing those who preceded him in the position and his own background. We then describe some of Ed Cooper's many contributions to the Civil Rules Committee, the Federal Rules, rulemaking, and civil procedure by examining the present state of the Rules Committees' work under the Rules Enabling Act. We conclude that after almost eighty years of experience under that Act, it is working well in large part because of the sound leadership provided by Ed Cooper over …
Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang
Transplant Candidates And Substance Use: Adopting Rational Health Policy For Resource Allocation, Erin Minelli, Bryan A. Liang
University of Michigan Journal of Law Reform
Organ transplant candidates are often denied life saving organs on account of their medical marijuana drug use. Individuals who smoke medicinal marijuana are typically classified as substance abusers, and ultimately deemed ineligible for transplantation, despite their receipt of the drug under a physician's supervision and prescription. However, patients who smoke cigarettes or engage in excessive alcohol consumption are routinely considered for placement on the national organ transplant waiting list. Transplant facilities have the freedom to regulate patient selection criteria with minimal oversight. As a result, the current organ allocation system in the United States is rife with inconsistencies and results …
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
From "Navigable Waters" To "Constitutional Waters": The Future Of Federal Wetlands Regulation, Mark Squillace
University of Michigan Journal of Law Reform
Wetlands regulation in the United States has a tumultuous history. The early European settlers viewed wetlands as obstacles to development, and they drained and filled wetlands and swamps at an astounding rate, often with government support, straight through the middle of the twentieth century. As evidence of the ecological significance of wetlands emerged over the last several decades, programs to protect and restore wetlands became prominent. Most notable among these is the permitting program under section 404 of the Clean Water Act. That provision prohibits dredging or filling of "navigable waters, " defined by law to mean "waters of the …
Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello
Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello
University of Michigan Journal of Law Reform
In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
Drive-Through Deliveries: In Support Of Federal Legislation To Mandate Insurer Coverage Of Medically Sound Minimum Lengths Of Postpanum Stays For Mothers And Newborns, Freeman L. Farrow
University of Michigan Journal of Law Reform
President Clinton signed the Newborns' and Mothers' Health Protection Act of 1996 into law on September 26, 1996. The Act requires insurers that provide maternity benefits to cover medically sound minimum lengths of inpatient, postpartum stays according to the joint guidelines of the American Academy of Pediatrics and the American College of Obstetrics and Gynecology. This Note discusses the historical context in which the necessity for passage of protective legislation arose, the interplay between state and federal statutes that created the need for federal legislation to provide desired protections for postpartum patients and examines the provisions of the Act. This …
Affordable Housing For The 1990'S, Harold A. Mcdougall
Affordable Housing For The 1990'S, Harold A. Mcdougall
University of Michigan Journal of Law Reform
This Article examines the history of national housing policy and the factors that will influence its future. Part I discusses the role of capital costs in influencing housing policy. Part II summarizes the changes that have occurred in housing policy in the last fifty years. Part III studies how local- and state-level institutions have reacted to these changes. Finally, Part IV predicts the future of national housing policy, focusing particularly on local efforts.
The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson
The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson
University of Michigan Journal of Law Reform
Today more than ever the United States is a target for international migration. Population growth and economic stagnation in the Third World are increasing the pressures for emigration, and current United States immigration law is incapable of responding to the growing flow of illegal immigrants. The number of illegal aliens apprehended in the United States increased forty percent in 1983, and reached 1.4 million by the year's end. The backlog of applications for political asylum is over 165,000, and many of these claims are frivolous. Polls by Roper, Gallup, NBC, and others have shown that ninety percent of the American …
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
University of Michigan Journal of Law Reform
This Article will consider some of the controversial sections of the INA and the impact of the pending immigration legislation. Part I considers the labor certification requirement, a prerequisite for third and sixth preference immigrants. This Part concludes that clarification of the division of authority between the Attorney General and the Secretary of Labor, and of the intent of aliens to keep their certified jobs, would be desirable. Part II analyzes the requirements an alien must meet to adjust status to one, of the occupational preferences. The statutory refusal to adjust status of aliens who accept ''unauthorized employment" must be …
Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff
Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff
University of Michigan Journal of Law Reform
The recent flood of asylum claims, and the concerns it engenders, are not peculiar to the United States. Western European nations have witnessed similar increases in asylum applications over the past decade, .and institutions charged with adjudicating claims have become severely overburdened. This Article will describe the experience of the Federal Republic of Germany and the Republic of France in coping with the explosion of asylum claims. A comparative analysis may provide perspective on the American situation and perhaps suggest - or rule out - proposals for change currently under consideration in the United States. To appreciate the saliency of …
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
University of Michigan Journal of Law Reform
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
University of Michigan Journal of Law Reform
It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.