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Articles 1 - 30 of 88
Full-Text Articles in Law
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review
Michigan Law Review
This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
Michigan Law Review
The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.
Paul A. Leidy, Michigan Law Review
Paul A. Leidy, Michigan Law Review
Michigan Law Review
A Memorial Tribute to Paul A. Leidy
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Michigan Law Review
It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Michigan Law Review
Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review
Michigan Law Review
This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.
Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review
Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review
Michigan Law Review
This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss
Michigan Law Review
A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr.
Michigan Law Review
A Review of Federal Practice and Procedure, Civil Procedure Vol. 4 & 5 by Charles Alan Wright and Arthur R. Miller
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
Michigan Law Review
The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Michigan Law Review
The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Direct Judicial Review Of The Actions Of The Selective Service System, Bruce J. Winick
Michigan Law Review
A registrant may obtain judicial review of Selective Service action in any of three possible ways. If he submits to induction into the Armed Forces, the registrant may challenge the validity of his induction order by petitioning for habeas corpus. If the registrant refuses to submit to induction, and is subsequently indicted for that refusal, he may defend the criminal prosecution on the ground that the order for his induction was unlawful. In addition to these two well-settled methods of obtaining postinduction judicial review, the registrant may have a third alternative. In certain circumstances, he may be able to secure …
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Michigan Law Review
Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.
Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau
Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau
Michigan Law Review
A Review of The Legal Process from a Behavioral Perspective by Stuart S. Nagel
Prior Restraints On Demonstrations, Vince Blasi
Prior Restraints On Demonstrations, Vince Blasi
Michigan Law Review
The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review
Michigan Law Review
Several lower federal courts have recently been faced with this issue and have reached conflicting results in their attempts to resolve it. This Note will examine both the problems of statutory interpretation and the policy considerations that are involved in deciding whether punitive damages should be awarded in civil actions based on violations of rule I0b-5.
Effective Representation And Multimember Districts, Michigan Law Review
Effective Representation And Multimember Districts, Michigan Law Review
Michigan Law Review
The Supreme Court has not decided a case involving an assertion of the claim that a multimember district denies the right of effective representation since Fortson and Burns. However, there have been several subsequent challenges in lower courts to the validity of such districts, and these challenges have generally failed because the factual evidence did not demonstrate conclusively that the voting strength of a legally cognizable racial or political element had been minimized or cancelled. In Chavis v. Whitcomb, however, a three-judge federal district court in Indiana found that the plaintiff had presented sufficient factual evidence to sustain …
Wright: Comparative Conflict Resolution Procedures In Taxation, Thomas A. Troyer, Arthur B. White, Donald W. Bacon
Wright: Comparative Conflict Resolution Procedures In Taxation, Thomas A. Troyer, Arthur B. White, Donald W. Bacon
Michigan Law Review
A Review of Comparative Conflict Resolution Procedures in Taxation edited by L. Hart Wright
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein
Michigan Law Review
The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …
Fisher: International Conflict For Beginners, Stanley D. Metzger
Fisher: International Conflict For Beginners, Stanley D. Metzger
Michigan Law Review
A Review of International Conflict for Beginners by Roger Fisher
Community Control, Public Policy, And The Limits Of Law, David L. Kirp
Community Control, Public Policy, And The Limits Of Law, David L. Kirp
Michigan Law Review
This Article deals with those two points of conflict-disputes about governance, race, and political power; and constitutional concerns, rooted in Brown v. Board of Education, about racially heterogeneous education. Both are central to understanding, and to giving content to, the disagreements about community control. The questions about power provide a context within which to understand the terms of the debate. The constitutional discussion suggests some inevitable judicial difficulties in resolving disputes that emerge from the debate. Such questions are increasingly before the courts, whose decisions may alter the bounds of acceptable conduct in ways that permit or deny the …
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
Michigan Law Review
It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …
Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review
Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review
Michigan Law Review
In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …
Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review
Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review
Michigan Law Review
When a group of employees strike against their own employer--the primary employer-their purpose usually is to disrupt his operations in the hope that economic pressure will persuade or coerce him to meet their demands. They may picket the primary employer's premises in order to publicize the strike or to try to persuade fellow employees to join it; and even if the picketing induces third persons not to deal with the primary, the employees' activity constitutes protected primary picketing. If the goal of the striking employees is in fact to publicize the strike and to persuade their co-workers, they will naturally …
Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger
Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger
Michigan Law Review
A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett
Gillmor & Barron: Mass Communications Law: Cases And Comment, Nicholas Johnson
Gillmor & Barron: Mass Communications Law: Cases And Comment, Nicholas Johnson
Michigan Law Review
A Review of Mass Communications Law: Cases and Comment by Donald M. Gillmor and Jerome A. Barron
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
University of Michigan Journal of Law Reform
The pervasive social policy underlying the Anglo-American law on succession of property at death is freedom of testation. Our law makes meaningful one's right to decide who shall inherit his property by providing a legal instrument, the will, to distribute property to chosen recipients. When a man dies without having exercised this right, however, the laws of intestate succession determine who shall receive his property, and in what shares it shall be received. In effect, the laws of intestate succession are an estate plan written for the decedent by his state legislature. These laws do not function as a restriction …
Controlling The Controllers In Parent-Subsidiary Relations, James C. Bruno
Controlling The Controllers In Parent-Subsidiary Relations, James C. Bruno
University of Michigan Journal of Law Reform
This article will examine the rights and responsibilities of a party in control of a corporation. The discussion of these rights and responsibilities focuses principally on the law of Michigan. However, passages on policy, discussion of the development of relevant Michigan law, and recommendations for changes in the law are pertinent to the general problem-area of parent-subsidiary relations encountered in all jurisdictions.
Federal Aid Highway Routing Procedures: A Voice For All Parties, Michael F. Williams
Federal Aid Highway Routing Procedures: A Voice For All Parties, Michael F. Williams
University of Michigan Journal of Law Reform
This article examines the legal barriers which have been confronted in the courts by those challenging administratively determined highway routes and, in so doing, it traces these legal barriers to their sources within the routing structure itself. Against this backdrop, the article analyzes the Policy and Procedure Memorandum, indicating some of the problems which it will resolve and offering suggestions for those it will not resolve.
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 …