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Articles 1 - 29 of 29
Full-Text Articles in Law
The Prosubstitution Trend In Modern Pharmacy Law, Sidney H. Willig
The Prosubstitution Trend In Modern Pharmacy Law, Sidney H. Willig
University of Michigan Journal of Law Reform
This article explores the legal problems presented to the practicing pharmacist by drug substitution. It delineates the practical and economic realities bearing on substitution and the arguments both in favor of and against limited legal substitution. After describing the current status of the law on the subject and the various resultant liabilities of the pharmacist, the article then suggests means by which substitution might be made an acceptable practice in certain circumstances.
A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.
A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.
University of Michigan Journal of Law Reform
There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …
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.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
University of Michigan Journal of Law Reform
This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …
The Concept Of Privacy And The Fourth Amendment, Steven C. Douse
The Concept Of Privacy And The Fourth Amendment, Steven C. Douse
University of Michigan Journal of Law Reform
This Article attempts at a minimum to offer a common background and frame of reference for defining and comparing myriad facets of the law. If successful, they furnish a model for the integration of these many facets. This inquiry begins with an examination of the proposition that the essence of the fourth amendment is protection of a right of privacy. The concept of privacy is then defined and elaborated, both without and within the constitutional context. These conclusions are further extended in an exploration of mechanisms for defining the invasions and protection of fourth amendment privacy.
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 …
Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow
Regulation Of Campaign Funding And Spending For Federal Office, Roscoe L. Barrow
University of Michigan Journal of Law Reform
This article will detail significant data on campaign funding and spending, describe the major laws for regulating campaign funding and spending, analyze the constitutional issues raised by these laws, and propose changes to render the laws safer from attack on grounds of unconstitutionality and more effective in achieving a viable election process.
Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash
Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash
University of Michigan Journal of Law Reform
Judicial pronouncements during the last decade on the relationship between the state, the voter, and the Federal Constitution have circumscribed the power states formerly enjoyed to impose restrictions on availability of the franchise. Nevertheless, all states but one maintain voter registration systems, one element of which is a closing date which cuts off registration at a stipulated point in time prior to election day. While in a statistical sense large scale de facto disfranchisement results from the use of closing dates, a distinct issue is presented as to whether this disfranchisement is of a type that is proscribed by the …
The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon
The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon
University of Michigan Journal of Law Reform
This article will examine both exclusionary zoning and subdivision control with a view toward analyzing the assumptions common to both types of laws. The operative differences between exclusionary zoning and subdivision control may be non-existent. If this is truly the case, the judicial response to each practice should be the same.
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
University of Michigan Journal of Law Reform
The scope of this article will be limited to one aspect of electronic media programming-the extent to which the public is and should be exposed to an accurate cross section of public opinion and a broad range of controversial ideas. Many people, including the Federal Communications Commission (FCC), have acknowledged that a desirable goal for the broadcast media, particularly television, is to provide a marketplace for controversial ideas. Part II of this article will identify the principal reasons why that goal has not been achieved. Part III will examine the fairness doctrine, the antecedents of which have been traced back …
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 …
Divorce Law Reform In Michigan, B. H. Lee
Divorce Law Reform In Michigan, B. H. Lee
University of Michigan Journal of Law Reform
Few social questions touch the individual so intimately and foster such widely divergent views as the question of divorce. From those who regard marriage as a perpetual and indissoluble bond instituted by God to those who consider it a terminable contract between a man and a woman, every shade of opinion can be found. The subject of marital breakdown is neither new nor peculiar to our age. As one author has said: "The breakdown of marriage with provisions for divorce and remarriage is a phenomenon widely recognized in Babylonian, Hebrew, Greek and Roman law." Nevertheless, ever since Christianity established a …
The Law School's Role In Post-J.D. Specialty Education, Guy O. Kornblum
The Law School's Role In Post-J.D. Specialty Education, Guy O. Kornblum
University of Michigan Journal of Law Reform
As members of a profession which is largely self-policing, attorneys must find ways to protect the public by identifying the areas of practice that require special expertise and by ensuring that those who hold themselves out as specialists possess the necessary expertise. Simply because one claims a specialty or even practices a specialty does not mean that he has the requisite competence to practice in the field. Because one is presently competent in a specialty does not mean that he will continue to practice and maintain his competence and keep abreast of new techniques and developments. Certainly the profession should …
Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie
Consumer Complaints: A Proposed Federal Trade Regulation Rule, Howard R. Lurie
University of Michigan Journal of Law Reform
It is no secret that most consumers are unable to protect themselves in the marketplace, yet government assistance to the consumer is frequently unavailable. All too often the bureaus of government are interested primarily in controversies of major significance. Minor consumer complaints are viewed as an annoyance that distract and interfere with more important matters. What must be done to protect consumers is to redress the balance of power now heavily weighted in favor of business. To do so requires that government go beyond current concepts of appropriate consumer protection and establish unorthodox remedies. One such remedy is suggested in …
Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie
Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie
University of Michigan Journal of Law Reform
The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.
An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis
An Eclectic Approach To Impeachment By Prior Convictions, Lawrence A. Margolis
University of Michigan Journal of Law Reform
Almost every state permits persons convicted of a crime to testify in either their own or another person's behalf. Nonetheless, these states allow evidence of a person's prior criminal conviction to be used to impeach his credibility. The use of this method of impeachment in criminal trials has been the subject of substantial adverse criticism; yet, the practice remains widespread. This article first will discuss the problems that arise from the use of prior conviction evidence for impeachment purposes in criminal trials and then will examine several proposals that would restrict the use of such evidence. Finally, the article will …
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 …
Policing The Executive Privilege, Keith Borman
Policing The Executive Privilege, Keith Borman
University of Michigan Journal of Law Reform
In response to the increasing number of confrontations over the use of the executive privilege, Senator William Fulbright has placed before the Senate a bill designed to avoid the confusion that now exacerbates the tension between the legislative and executive branches of government. This relatively uncomplicated bill defines procedures for the assertion of the executive privilege and provides sanctions to be imposed when these procedures are abused or ignored. This note reviews the nature of the controversy between the two branches of government which has contributed to the introduction of the proposed legislation, and then proceeds to examine the provisions …
Non-Trial Dispositions Of Criminal Offenders: A Case Study, Nancy S. Warder, David C. Zalk
Non-Trial Dispositions Of Criminal Offenders: A Case Study, Nancy S. Warder, David C. Zalk
University of Michigan Journal of Law Reform
A number of pre-trial diversion projects, similar to CPA, funded either by the Law Enforcement Assistance Administration or by the United States Department of Labor, have been set up in recent years in a number of cities around the country. Many are modeled after the Vera Institute's Manhattan Court Employment Project in New York and Project Crossroads in Washington, D.C. While the programs are not entirely identical in operation, hopefully this discussion of some of the legal issues involved in non-trial disposition of criminal offenders will be of use outside the immediate confines of the CPA situation. Ultimately the continued …
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
Police Initiated Emergency Psychiatric Detention In Michigan, Mark F. Mehlman
University of Michigan Journal of Law Reform
While performing his duties a police officer may frequently be confronted with the behavior of an individual which threatens or has resulted in self-inflicted injury, or which poses an imminent threat to the safety of others. Under such circumstances an officer may determine that criminal arrest is inappropriate but that some form of restraint is necessary. Michigan has provided an alternative course of action by authorizing temporary emergency psychiatric detention of an individual whom a police officer deems to be "mentally ill and manifesting homicidal or other dangerous tendencies."
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 …
Drug Songs And The Federal Communications Commission, Sammuel Bufford
Drug Songs And The Federal Communications Commission, Sammuel Bufford
University of Michigan Journal of Law Reform
A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …
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.
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
University of Michigan Journal of Law Reform
This article explores the problem of conflicts of interest resulting from the retention of the same attorneys by investment companies and their affiliates. After an analysis of the problem, it suggests appropriate remedial measures that could be instituted to prevent these conflicts from occurring in the investment company industry.
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 …
Education At A Discount: Qualifying For Resident Tuition At State Universities, Barry D. Glazer
Education At A Discount: Qualifying For Resident Tuition At State Universities, Barry D. Glazer
University of Michigan Journal of Law Reform
One recurring problem is the reclassification of those students initially classified as nonresidents who have thereafter decided to become residents of the state and thereby seek to take advantage of the lower tuition offered to residents. This article identifies the major difficulties in changing classification and analyzes some of the constitutional questions concerning the application of the nonresident tuition fee subsequent to Starns. Additionally, the article examines the extent to which proposed model legislation on tuition residency solves the existing objections to the application of the nonresident tuition fee at state universities.
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), …