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Full-Text Articles in Law
California Family Law Act, Meredith A. Nelson
California Family Law Act, Meredith A. Nelson
University of Michigan Journal of Law Reform
California's Family Law Act has been heralded as the first major change in the State's divorce provisions in one hundred years. The Act is an attempt to remedy two major criticisms of current divorce practice both in California and throughout the United States. First, those advocating reform believe that laws controlling the granting of divorces are in conflict with modem concepts of marriage and divorce. Many divorce laws impose punitive sanctions in an attempt to deter those who would otherwise seek a divorce. Second, notwithstanding their intent, divorce laws have not, in fact, reduced the frequency of divorce. The inability …
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
University of Michigan Journal of Law Reform
It is the purpose of this article to propose and discuss an amendment to Michigan's long arm statute which will allow the entry of extraterritorial alimony, separate maintenance, or child support decrees when Michigan is the state of the marital domicile and the defendant-spouse cannot be located for personal service of process. A plaintiff employing the proposed provision in a divorce action will be able to seek alimony, separate maintenance, or support payments as if the defendant were before the court, and the court will have the authority to grant her the necessary relief. If and when the wife later …
The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry
Michigan Law Review
The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …
Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review
Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review
Michigan Law Review
During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …
Michigan Environmental Protection Act Of 1970, Susan Pearce
Michigan Environmental Protection Act Of 1970, Susan Pearce
University of Michigan Journal of Law Reform
Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …
Michigan Air Pollution Control: A Case Study, William A. Irwin
Michigan Air Pollution Control: A Case Study, William A. Irwin
University of Michigan Journal of Law Reform
The State of Michigan began its fight against air pollution with the passage of two Acts in 1965: the Air Pollution Act and the Tax Exemption for Air Pollution Control Act. In adopting these acts the legislature hoped to solve the state's special needs for immediate air pollution control, created by the heavy concentration of automobile manufacturers and their suppliers in the state. The fight was to be waged through the efforts of a newly-created Air Pollution Control Commission and its staff. To present an evaluation of the success of these efforts, this comment concentrates upon two case studies of …
Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham
Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham
University of Michigan Journal of Law Reform
In the final hours of a three month session, Vermont's legislature adopted a water pollution control law which imposes fees on polluters. Control of water pollution has been a popular issue in Vermont-its first comprehensive laws on the subject were passed in 1949 -and this new legislation is designed to be a major step toward upgrading much of that state's water resources. Increasing industrial and municipal water use has resulted in such widespread pollution that the traditional private law of riparian rights provides an inadequate remedy to the problem of unclean water. Consequently, state intervention has become essential to the …
Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson
Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson
University of Michigan Journal of Law Reform
Proposals to regulate private pension and deferred profit-sharing plans are by no means new to Congress. With the rapid growth in size, number and complexity of such plans in the late 1940's and early 1950's, Congress began to give increasingly close attention to their defects and, particularly, to their mismanagement. The first congressional attempt to reduce the instances of private pension plan mismanagement occurred in 1958 when Congress enacted the Welfare and Pension Plans Disclosure Act. The Act was amended once in 1962, and further proposed amendments are presently before the Congress. This note will examine two of the proposed …
Michigan Environmental Protection Act, Roger L. Conner
Michigan Environmental Protection Act, Roger L. Conner
University of Michigan Journal of Law Reform
Each of the questions discussed in this note revolve around the same basic issue: the propriety of vesting broad power in the courts to prevent environmental destruction, and to develop an environmental common law. The need for the broad standard of the Act derives from the complexity of the problem. The clear authority of the courts to decide cases which have been, or should have been dealt with by an administrative agency is important both for the relationship it establishes between citizens and agencies, and to insure that the policies of the Act will be implemented. In responding to these …
The Proposed Michigan Business Corporation Act, Stanley Siegel
The Proposed Michigan Business Corporation Act, Stanley Siegel
University of Michigan Journal of Law Reform
The author of this article was selected by the Commission as Reporter, to draft and revise the statute. It is the purpose of this article to describe the drafting process, to outline the general structure and to examine some unique aspects of the proposed Michigan Business Corporation Act. In this discussion, the author expresses his own views only, and does not necessarily reflect the opinions of the Law Revision Commission or its members.
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Michigan Law Review
The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …