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Full-Text Articles in Law

Corporate Contributions To Ballot-Measure Campaigns, Gail L. Achterman Jan 1973

Corporate Contributions To Ballot-Measure Campaigns, Gail L. Achterman

University of Michigan Journal of Law Reform

It is not clear that the perceived dangers of corporate participation in politics are real dangers, or that outright prohibition of such participation is the best means of preserving the democratic character of the electoral process. Any controls on corporate spending in initiative campaigns should be firmly based upon articulated conceptions of the corporation's legitimate role in society. This article examines some of these conceptions and their relationship to the process of direct legislation and thereafter makes recommendations for workable controls in light of that analysis.


Stockholder's Derivative Actions By Holders Of Convertible Debentures, Robert A. Malstrom Jan 1973

Stockholder's Derivative Actions By Holders Of Convertible Debentures, Robert A. Malstrom

University of Michigan Journal of Law Reform

This article focuses on Federal Rule of Civil Procedure 23.1. That rule provides a particularly convenient vehicle for discussing the protective limitations which prevent abuse of the derivative action. Analogous protective limitations exist in the statutory or case law of most jurisdictions, therefore the discussion here applies equally to actions brought in the courts of many states. Moreover, the economic and public policy arguments presented are applicable to actions in both federal and state courts.


Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman Jan 1973

Congressional Discretion In Dealing With The Federal Rules Of Evidence, Stuart M. Lockman

University of Michigan Journal of Law Reform

On November 20, 1972, the Supreme Court, pursuant to statutory authority, adopted the Federal Rules of Evidence. The new rules of evidence were not to take effect, however, until ninety days after they had been submitted to Congress. The rules were officially submitted on February 5, 1973, but even before that date they had become the subject of extensive legislative debate. While some attorneys praise the codification of evidence rules as a progressive step, others maintain that certain of these promulgations will have an objectionable impact on the federal judicial system or that the Supreme Court has exceeded its authority ...


Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz Jan 1973

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 ...


Six-Member And Twelve-Member Juries: An Empirical Study Of Trial Results, Lawrence R. Mills Jan 1973

Six-Member And Twelve-Member Juries: An Empirical Study Of Trial Results, Lawrence R. Mills

University of Michigan Journal of Law Reform

The most convincing basis for criticism of the Supreme Court's conclusion that there is "no discernible difference" between the results reached by the six-member juries and those reached by the twelve-member juries would be empirical data suggesting a contrary conclusion. A recent study by the Institute of Judicial Administration comparing twelve-member and six-member juries in over 650 civil cases in New Jersey courts disclosed less than a two percentage-point difference between the respective percentages of verdicts rendered for plaintiffs by the two different-sized juries. The same study seemed to indicate that the damage awards in twelve-member jury cases were ...


The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce Jan 1973

The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce

University of Michigan Journal of Law Reform

The American Bar Association's Code of Professional Responsibility (Code or CPR) provides the foundation for the regulation of the legal profession by the members of the profession themselves. Although the drafters of the CPR have described it as a body of fundamental ethical principles applicable to all lawyers regardless of the nature of their professional activities, this article examines the vitality of the CPR and professional self-regulation in one particular area of lawyers' activities: corporate practice? The article suggests that the legal profession has abdicated its self-regulatory role, discusses the consequences of this abdication, and advances some alternatives to ...


Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler Jan 1973

Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler

University of Michigan Journal of Law Reform

The purpose of this article is to suggest the addition of two words, "if necessary"-or better yet, the phrase "if necessary under the law of the forum state"-to clause (1) of Federal Rule of Civil Procedure 23.1. This Rule sets forth the requirements for a shareholder's derivative action in the federal courts.


Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers Jan 1973

Legal Rights In A Juvenile Correctional Institution, Matthew L. Myers

University of Michigan Journal of Law Reform

This article focuses on the effect on juvenile correctional institutions of the erosion of the "hands-off" doctrine and the introduction of procedural safeguards in the juvenile justice system. In so doing, the article examines the difficulties inherent in any attempt to reform institutional practices and procedures to accommodate the goals of the juvenile correctional model. In the juvenile context, the extent to which fundamental rights need or may be abrogated to allow the institution freedom to rehabilitate and treat its inmates is crucial. Therefore, this article examines three areas involving fundamental constitutional rights: imposition of punitive segregation, freedom of communication ...


The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham Jan 1973

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 ...


"Interest" Arbitration Revisited, Robben W. Fleming Jan 1973

"Interest" Arbitration Revisited, Robben W. Fleming

University of Michigan Journal of Law Reform

The essence of what is said in this speech is that it is time to rethink our position on "interest" arbitration. The labor relations process is a dynamic one in which neither the problems nor the remedies can remain static


A Proposal To Prevent The Stranding Of Airline Passengers, Richard J. Gray Jan 1973

A Proposal To Prevent The Stranding Of Airline Passengers, Richard J. Gray

University of Michigan Journal of Law Reform

After surveying industry structure in terms of market conditions and actual practices, this article examines the failure of the air travel industry to provide bargained-for services to passengers. It compares the current regulatory pattern with alternative regulatory proposals and scrutinizes each to determine both the validity of the assumptions upon which they are based and the relative effectiveness of each in achieving desired consumer protection. The purpose of this detailed examination is to make possible the formulation of policy recommendations capable of serving as a basis for regulatory reform.


Federal Tax Administration And The Small Taxpayer, L. Hart Wright Jan 1973

Federal Tax Administration And The Small Taxpayer, L. Hart Wright

University of Michigan Journal of Law Reform

The actual or supposed complexity of substantive federal tax law has generated two unresolved administrative by-products of peculiar importance in the case of small taxpayers. In each of these circumstances the Internal Revenue Service (and in one, the Congress) has tended to default on its programmatic responsibility to facilitate payment by small taxpayers of no less and no more than they owe under the tax law. For too long and to too large an extent, these taxpayers, although completely bewildered and devoid of self-confidence in the conduct of their tax affairs, have had to fend for themselves, both at return ...


The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips Jan 1973

The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips

University of Michigan Journal of Law Reform

The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has ...


The Impact Of The Uniform Probate Code On Court Structure, Ralph P. Dupont Jan 1973

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 ...


Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller Jan 1973

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 Roles Of Architect And Contractor In Construction Management, John E. Lehman Jan 1973

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 ...


Proposed Regulation Of Limited Partnership Investment Programs, Ivan J. Schell Jan 1973

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 ...


Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox Jan 1973

Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox

University of Michigan Journal of Law Reform

In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further ...


Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell Jan 1973

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 ...


An Empirical Study Of Six And Twelve-Member Jury Decision-Making Processes, Joan B. Kessler Jan 1973

An Empirical Study Of Six And Twelve-Member Jury Decision-Making Processes, Joan B. Kessler

University of Michigan Journal of Law Reform

This article employs the techniques of the social sciences in testing a legal proposition. After setting forth the hypotheses and methodology utilized by the experiment discussed herein, it presents the results obtained by examining the deliberations of different-sized juries concerning the same civil litigation. This article does not purport to be definitive; it does, however, attempt to indicate one methodology of interdisciplinary research which can be undertaken and the utility of this research to both the social sciences and the legal profession.


Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs Jan 1973

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.


Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble Jan 1973

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 ...


Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block Jan 1973

Judicial Review And Discrimination In Federally Assisted Housing: The Enforcement Of Title Vi, Barry M. Block

University of Michigan Journal of Law Reform

Section 602 of the Act was enacted to enable federal agencies to enforce this policy, and it authorizes them to issue rules and regulations which, while consistent with the objectives of the program authorizing the assistance, effectuate the provisions of Section 601. To enforce these regulations, an agency may terminate assistance to noncomplying programs, or use any other means authorized by law.


Minimum Wages For Prisoners: Legal Obstacles And Suggested Reforms, James J. Maiwurm, Wendy S. Maiwurm Jan 1973

Minimum Wages For Prisoners: Legal Obstacles And Suggested Reforms, James J. Maiwurm, Wendy S. Maiwurm

University of Michigan Journal of Law Reform

The growing literature on prisoners' rights has not yet focused on inmates' demands for minimum wages and the justification for such demands. This article explains why statutory minimum wage coverage should be extended to inmates, discusses the judicial treatment of prison labor and the minimum wage question, advocates adoption of legislation now pending in Congress, and suggests further legislative reform necessary to implement the minimum wage proposal. Many conditions in our prison system are undoubtedly more harmful and degrading than lack of meaningful wages. This article focuses on only one feasible reform, not on the priorities of prison reform in ...


Determining Permissible Municipal Expenditures: The Public Purpose Doctrine Revived, Richard A. Van Wert Jan 1973

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.


Article V: Changing Dimensions In Constitutional Change, Francis H. Heller Jan 1973

Article V: Changing Dimensions In Constitutional Change, Francis H. Heller

University of Michigan Journal of Law Reform

To anyone raised under the Constitution of the United States, that document's declaration that it is "the supreme law of the land" may appear as a commonplace assertion. In some other nations the constitution is not viewed as law, but is seen as a primarily political document. In fact, some foreign constitutions are formally proclaimed to be "political constitutions." The writers of the American Constitution were well aware that they were engaged in fashioning an arrangement for the exercise of political functions and the peaceful adjustment of political conflict. And, however much validity there continues to be to de ...


Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin Jan 1973

Some Suggestions For Nonurgent Reforms In The Ucc's Treatment Of Accommodation Parties, James A. Martin

University of Michigan Journal of Law Reform

Anyone who has studied those provisions of the Uniform Commercial Code (UCC or Code) that deal with accommodation parties-chiefly Sections 3-415, 3-416, and 3-606-knows a certain amount of despair at trying to decipher the meaning of these provisions. Fortunately, most of the problems raised are fairly narrow, and few of them have yet posed significant problems for the courts, either because they have not yet arisen or (more often) because the courts have cut through ambiguous language to reach desirable and justifiable results. Thus, most of the problems discussed below do not cry out for immediate legislative attention. The position ...


Bankruptcy Proceedings For Insolvent Decedents' Estates, Richard V. Wellman Jan 1973

Bankruptcy Proceedings For Insolvent Decedents' Estates, Richard V. Wellman

University of Michigan Journal of Law Reform

Under present law, bankruptcy proceedings cannot be instituted by or against insolvent decedents' estates. Creditors of insolvent decedents must look to state probate laws for satisfaction. But these laws are more concerned with the control of solvent estates than with the affairs of the impecunious. Also, transfers of wealth at death by nonprobate means are coming to be the rule rather than the exception, and it is frequently very difficult for creditors of decedents to obtain satisfaction of unsecured claims from nonprobate assets. This article advocates the extension of bankruptcy laws to insolvent decedents' estates and explores problems and solutions ...


The Railroad Passenger Problem: American And British Experiences As Bases For A New Model, Vincent J. Tolve Jan 1973

The Railroad Passenger Problem: American And British Experiences As Bases For A New Model, Vincent J. Tolve

University of Michigan Journal of Law Reform

This article examines the character of the rail passenger problem, identifies the American and British governments' responses and proposes a hybrid model of a rail passenger service organization based on several intrinsic characteristics of these existing systems. The article implies that the profit standard inadequately measures the success of a public utility, and suggests the adoption of an eclectic standard that measures enterprise success in terms of economic viability, response to public need, and quality of service rendered. The proposed model involves the rediscovery, application, and combination of two organizational concepts: the public corporation and the interstate compact.