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Articles 1 - 16 of 16
Full-Text Articles in Law
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider
Michigan Law Review
In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
Michigan Law Review
In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …
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. …
Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review
Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review
Michigan Law Review
In several different contexts-for example, in enforcing contracts that refer to religious law or in enforcing secular laws that use religious terminology-secular courts may be called upon to apply and even to interpret laws established by religious bodies. The limitations imposed by the first amendment on the courts in these areas will be discussed here in the specific context of Judaism. It is the thesis of this Note that the courts may not be as constrained in enforcing laws of religious bodies and in resolving disputes about those laws as would appear at first glance.
An Analysis Of Authorities: Traditional And Multicounty, Michigan Law Review
An Analysis Of Authorities: Traditional And Multicounty, Michigan Law Review
Michigan Law Review
This Comment will briefly define and describe authorities in general, as well as the new multicounty authorities. Their legal status and practical advantages and disadvantages will be explored. Finally, an attempt will be made to isolate the uses to which multicounty authorities can most profitably be put in light of the conflicting goals of maximum governmental efficiency and public accountability.
Legal Knowledge Of Michigan Citizens, Michigan Law Review
Legal Knowledge Of Michigan Citizens, Michigan Law Review
Michigan Law Review
This empirical study of the legal knowledge of Michigan citizens arose in response to the paucity of research in the area, especially in Michigan, where no such study had previously been conducted, and the contradictory findings of those earlier studies that had been conducted. Its findings may have implications for future efforts to educate the public and may provide some clues as to whether and why certain segments of the population are deficient in legal knowledge.
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review
Michigan Law Review
This Recent Development will discuss the validity and potential impact of the court's selection of the compelling interest test to measure the compliance of Detroit's age restriction on candidacy with the fourteenth amendment. It will also explore the possible state goals sought to be achieved by requiring a minimum age for candidates and examine whether these goals can be viewed as "compelling governmental interests."
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
University of Michigan Journal of Law Reform
This article is a description of a study of cases filed and tried in the Detroit, Michigan, Common Pleas Court, Landlord-Tenant Division, during 1970 and 1971. The court is in a large urban center and handles a high volume of cases, in most of which one or both parties appear without an attorney. The impetus for the study was Michigan legislation passed in 1968, which gave tenants additional defenses to summary eviction procedures. The main goal of the study was to observe the effects of the legislation on tenants who were subject to summary proceedings in Detroit. The purpose of …
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
University of Michigan Journal of Law Reform
This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …
Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller
Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller
University of Michigan Journal of Law Reform
Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
University of Michigan Journal of Law Reform
The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont
University of Michigan Journal of Law Reform
After considering the present pattern of probate court structure in the United States, this article considers the need for probate court reform as reflected in the deficiencies of the present system. It further indicates that a realistic choice of court structure by legislatures will ultimately be made from among three options: (1) to enlarge the jurisdiction of the present probate court of the state more nearly to approximate the form currently obtaining in several states; (2) to appoint a new body of probate judges and thus create an entirely new court; and (3) to enlarge the jurisdiction of the present …
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
University of Michigan Journal of Law Reform
For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …
Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell
Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell
University of Michigan Journal of Law Reform
Public awareness of the need for protection from fraudulent vendors of undeveloped land recurs periodically and has led to brief flurries of legislative and journalistic attention since the Florida land boom of the 1920s. Despite the rush of state and federal legislation enacted in recent years to combat sharp practices in the land development field, the need for stronger regulation has been revealed by testimony at public hearings held by the Office of Interstate Land Sales Registration as well as by numerous news accounts of questionable tactics employed by some land development promoters. The recent actions of the Federal Trade …
Determining Permissible Municipal Expenditures: The Public Purpose Doctrine Revived, Richard A. Van Wert
Determining Permissible Municipal Expenditures: The Public Purpose Doctrine Revived, Richard A. Van Wert
University of Michigan Journal of Law Reform
This article surveys the criteria presently used by courts, commentators, and city officials in determining whether an expenditure of public funds is legally permissible. Each factor is then reevaluated to ascertain its place in a new attempt to determine more consistently the nature of proposed expenditures.
Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell
Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell
University of Michigan Journal of Law Reform
Limited partners have long been admonished to scrutinize potential investments; this advice is often ignored, however, by investors eager to reap quick profits. Furthermore, the proliferation of limited partnership interests in a single enterprise diffuses the focus of investor vigilance and increases the potential for undetected abuses. Thus a need for regulation, either governmental or private, has developed. Currently the Uniform Limited Partnership Act and blue sky laws provide some control of limited partnership abuses at the state level. On the interstate level, the Midwest Securities Commissioners Association, the National Association of Securities Dealers, and the Securities and Exchange Commission …