Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

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.


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.


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 …


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 …


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.


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 …


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 …


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 of …


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 …