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University of Michigan Law School
State and Local Government Law
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Articles 1 - 13 of 13
Full-Text Articles in Law
No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little
No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little
University of Michigan Journal of Law Reform
This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …
The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke
The Impact Of Michigan's Health Maintenance Organization Act, Roger Alan Petzke
University of Michigan Journal of Law Reform
Growing dissatisfaction with the shortcomings of the traditional system of health care has led to renewed interest in the Health Maintenance Organization (HMO) concept in recent years. Although some HMO's have been operating in the United States for over forty years, conditions have been less than favorable to their growth and development. Major obstacles have been opposition from the medical profession, lack of public understanding about the nature and function of HMO's, and state laws restricting or prohibiting the establishment of HMO's. In order to create a more favorable legal climate and encourage HMO development, a number of states, including …
State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning
State Management Of The Environment Part One: An Evaluation Of The Michigan Experience, Geoffrey J. Lanning
University of Michigan Journal of Law Reform
Michigan's citizens, as well as its government, seem but dimly aware of the fact that Michigan-the home of America's most growth-centered industry, the automobile-lies at the very eye of the environmental storm. This article seeks to take a broad look at the shortcomings of Michigan's environmental protection in recent years. In so doing, it groups many of Michigan's recent environmental failings into broad categories which will both clarify the status of Michigan's environmental law climate and provide a basis for its reform. Parts One and Two consist of this analysis and evaluation. Part Three will examine possible solutions and offer …
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer
University of Michigan Journal of Law Reform
A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …
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.
Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio
Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio
University of Michigan Journal of Law Reform
This note will analyze the Michigan Motor Vehicle Service and Repair Act, examining the differences between it and prior Michigan and federal legislation. The new legislation will be compared with similar statutes in other states. Finally, the possible drawbacks of repair shop and mechanic certification programs will be discussed, and suggestions for improvements will be made.
The Michigan Abortion Refusal Act, G. Michael White
The Michigan Abortion Refusal Act, G. Michael White
University of Michigan Journal of Law Reform
Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
University of Michigan Journal of Law Reform
In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …
The New York Truth In Travel Act, Lisa Kennedy
The New York Truth In Travel Act, Lisa Kennedy
University of Michigan Journal of Law Reform
A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …
Michigan Standards Of Conduct And Ethics Act Of 1973, Rogan Alan Petzke
Michigan Standards Of Conduct And Ethics Act Of 1973, Rogan Alan Petzke
University of Michigan Journal of Law Reform
This article undertakes an analysis of the Standards of Conduct and Ethics Act. After a discussion of the factors prompting enactment, the statutory framework of the Act is presented. Finally, the Michigan legislation is contrasted with and evaluated in light of similar statutory efforts in other states.
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
Preferential Property Tax Treatment Of Farmland And Open Space Under Michigan Law, Ronald Henry
University of Michigan Journal of Law Reform
This note will attempt to explain the new Michigan statute and evaluate the effectiveness of this type of legislation as a means of preserving open space and farmland from conversion to more intensive use.
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning
University of Michigan Journal of Law Reform
In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
University of Michigan Journal of Law Reform
Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …