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University of Michigan Law School

1982

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Articles 1 - 30 of 176

Full-Text Articles in Law

Vol. 31, No. 9, November 24, 1982, University Of Michigan Law School Nov 1982

Vol. 31, No. 9, November 24, 1982, University Of Michigan Law School

Res Gestae

•Stan White: Advocate on the Line •The Final(s) Solution •Twelve Students Bumped From Clinic Program •SFF: Pledging the Public Interest •Regents 'Distinguish' Sax •Clinic Survives Misconduct Investigation •Notices •The "Review'' Needs a Review •MSA- Ask Not What You... •Trying to Keep Our Lines Straight •Legalese: A Question of Juris-Diction? •The Multi-(Altered) State 'Bar' Review •Boston's No Tea Party •Law in the Raw


Vol. 31, No. 8, November 10, 1982, University Of Michigan Law School Nov 1982

Vol. 31, No. 8, November 10, 1982, University Of Michigan Law School

Res Gestae

•'Unfortunately, We Are Unable to…' •Sandalow: U Should Stay Out of Politics •Vandals Rip Gay Notices •'Maybe I just wore the wrong tie' •Notices •We've Got Jobs •Monroe Meters Work Overtime •Socratizing Quality Teaching •Israeli 'Invasion' Was Justified •Costello: Clever Romantic's Bedroom Antics •Students Hold Key to Law Fund Future •Senate Recognizes JLSU •It Could Happen To You •Law in the Raw


Vol. 31, No. 7, October 27, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 7, October 27, 1982, University Of Michigan Law School

Res Gestae

•Senate to Test Open Meeting Interest •Women's Rights Chart a Broken Course •Who, Us? •Petition Ignores Free Choice •Freeze Dialogue Is Needed •A Call For Quality Teaching •Stillborn Students, Prenatal Professionals •LSSS Endorses Gay Rights Petition •Notices •Law in the Raw


Vol. 31, No. 6, October 20, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 6, October 20, 1982, University Of Michigan Law School

Res Gestae

•Positively Not Wall Street •WLSA Display to Outline Rape Problem •Public Interest Job Discussion •FLP Fundraiser to Aid Battered Women •Notices •The Legal Lemmings March •Scrimp Cocktail •High Schoolish, Fer Sure •Library Malcontents •Prison Repression: a call to action •Reader Rejects Loots' 'Left Wing Mythology' •Springsteen: Lonely Man of Faith •A Heavenly Idea for Resolving Disputes •Law in the Raw


Vol. 31, No. 5, October 13, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 5, October 13, 1982, University Of Michigan Law School

Res Gestae

•Does Grinding it Out Make the Grade(s)? •Senators Lash Out at 'Flunking' Proposal •'Just Call me Professor' •Fleming: Return of the Native •Candidates Collide on Human Services •Notices •'D' isn't Dumb •Reading Room Refugee Speaks •Stella Prints: Modern Art Retrospective •Allies Save Diva in French Thriller •Getty: The One That Got Away •Law in the Raw


Vol. 31, No. 4, October 6, 1982, University Of Michigan Law School Oct 1982

Vol. 31, No. 4, October 6, 1982, University Of Michigan Law School

Res Gestae

•U.S. Army Takes Aim at Law Schools •Large New York Firms May Halt Salary Spiral •Open Meetings: Senators Air Views •Pierson Missed the Point •Army Gets Ugly •A New Gargoyle Hits Town •BLSA Plea: Free Tchula Seven! •Election •Only 68 Study Days Until Finals •Law in the Raw


Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg Oct 1982

Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg

University of Michigan Journal of Law Reform

Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests ...


The Constitutionality Of The Special Prosecutor Law, Donald J. Simon Oct 1982

The Constitutionality Of The Special Prosecutor Law, Donald J. Simon

University of Michigan Journal of Law Reform

This Article explores the constitutional questions posed by the special prosecutor law and concludes that the law is constitutional. Part I examines the political setting that gave rise to the special prosecutor provisions and discusses the intent of the drafters. Part II explains the precise manner in which the provisions operate and surveys the recent experience under the law. Finally, part III evaluates the constitutional objections raised by critics of the legislation.


Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall Oct 1982

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and ...


A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff Oct 1982

A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff

University of Michigan Journal of Law Reform

This Note argues that the proper test of gender-preferential practices in public accommodations proceeds from the principle of "equal treatment:'' separate standards are tolerable only where reasonable and applied evenhandedly. Part I sets out a typical public accommodations statute and criticizes the principle tests used to evaluate this type of legislation. Part II applies traditional methods of statutory construction which trigger an equal treatment analysis. Extrapolating from this analysis, Part III advocates a two-part test for examining gender-based practices in public accommodations.


Affirmative Duty And Constitutional Tort, Michael Wells, Thomas A. Eaton Oct 1982

Affirmative Duty And Constitutional Tort, Michael Wells, Thomas A. Eaton

University of Michigan Journal of Law Reform

This Article argues that the Bowers principle is wrong. It examines the issues of doctrine and policy that bear on the affirmative duty question in constitutional tort and contends that affirmative duties may be imposed even though constitutional rights are generally negative in character, as a matter of federal constitutional common law. It ·develops a foundation in doctrine and policy, so far lacking in the opinions, to support these duties and to place proper limits upon them.

Part I identifies issues of tort policy that arise in affirmative duty cases, while Part II addresses the distinctive problems that come up ...


Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen Oct 1982

Commercial Treaties And Foreign Companies: The Mutually Reinforcing Principles Of Remedial Antitrust And National Treatment, Alan Van Kampen

University of Michigan Journal of Law Reform

This Note argues that greater appreciation for the nature and importance of national treatment obligations will compel tribunals fashioning antitrust relief to provide more suitably for foreign firms, and thus avoid straining international trade relations. Moreover, because antitrust relief and national treatment objectives are mutually reinforcing, greater recognition of national treatment requirements should improve remedial orders from the standpoint of antitrust economics. Meeting national treatment requirements should place little added burden on the antitrust tribunal; it must merely extend impartial economic analysis to all market suppliers, not just domestic firms.

This Note explores methods to ensure that antitrust relief orders ...


Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack Oct 1982

Constitutional Constraints On The Admissibility Of Grand Jury Testimony: The Unavailable Witness, Confrontation, And Due Process, Barbara L. Strack

University of Michigan Journal of Law Reform

Defendants, however, have raised serious constitutional objections to the introduction of grand jury testimony when the witness is unavailable to testify at trial. These claims have focused on the confrontation clause of the sixth amendment and the due process clauses of the fifth and fourteenth amendments. Defendants have contended that the introduction of testimony from a grand jury proceeding which cannot be subjected to cross-examination fatally compromises the defendant's right to a fair trial. Lower courts are split over admitting grand jury testimony in these circumstances, and the Supreme Court has yet to rule on the issue. As a ...


Vol. 31, No. 3, September 29, 1982, University Of Michigan Law School Sep 1982

Vol. 31, No. 3, September 29, 1982, University Of Michigan Law School

Res Gestae

•Losing Faith in the Legal System •Students Slumping? •Reviewing the Review •A Cure for Whatever 'Ales' Us •Notices •Senate to Act on Faculty Meeting Policy? •Stacking Up the Scholarly Staffers •The Duke Would Be Disappointed •Ballots Can't Stop Bombs •Don't Blame Us •Battling the Corporate Bias •The Latter, Beautiful, Stages of Insanity •Greco in Toledo, Oh. •NFL: Strike One Called •Dealing With the Real Issues •Dear Professor: My Goldfish Died... •Law in the Raw


Vol. 31, No. 2, September 22, 1982, University Of Michigan Law School Sep 1982

Vol. 31, No. 2, September 22, 1982, University Of Michigan Law School

Res Gestae

•The 'Aristocracy' of '85 •Coalition Lacking Commitment? •Yolanda •How the 1982-83 LSSS Budget Was Sliced •Notices •A Rookie for the People •How About An Honest Interview? •Room 200: Interviewing to Suit Ourselves •New Student Coalition Urges Support •Matzos Just Like Mom's •The Right Stuff in Room 200 •Law in the Raw


The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support ...


Mobility Factors In Antitrust Cases: Assessing Market Power In Light Of Conditions Affecting Entry And Fringe Expansion, William H. Wentz Aug 1982

Mobility Factors In Antitrust Cases: Assessing Market Power In Light Of Conditions Affecting Entry And Fringe Expansion, William H. Wentz

Michigan Law Review

To assist courts and litigants in developing and utilizing information on mobility factors in a meaningful manner, I have attempted in this Article to outline a basic approach for analyzing the competitive and efficiency significance of mobility factors in a litigative context. In Part I, I lay the necessary foundation: discussing the importance of mobility factors in accepted economic theory, explaining the sources of the current confusion and controversy about "entry barriers" and deriving from the debate areas of fundamental agreement among economists. Building on this common ground, I develop in Part II a basic approach to consideration of mobility ...


Federal Agency Access To Grand Jury Transcripts Under Rule 6 (E), Michigan Law Review Aug 1982

Federal Agency Access To Grand Jury Transcripts Under Rule 6 (E), Michigan Law Review

Michigan Law Review

Part I examines the courts' current certainty-based perspective, and rejects this approach because it sacrifices important interests in civil law enforcement and judicial consistency for speculative and coincidental reductions in grand jury abuse. Part II defends the proposed standard by arguing that it comports with the language and intent of the rule while more effectively advancing the policy interests in civil law enforcement and grand jury secrecy.


Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review Aug 1982

Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review

Michigan Law Review

This Note argues that although the Tennessee-Carolina majority adopts overbroad language and ignores established tax principles, a more careful refinement of its theory will yield the same proper result, without, in most situations, departing from accepted principles. The proper inquiry must focus first on whether the corporation has received any benefit, and then on whether that gain should be exempted by the nonrecognition provisions of section 336, or on any other basis. Part I of this Note examines these questions from a theoretical perspective, and concludes that expensed assets remaining at the time of liquidation give rise to corporate income ...


Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review Aug 1982

Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review

Michigan Law Review

Most courts that have considered the issue have concluded that the Jencks Act does not require the government to retain and produce rough interview notes. This Note examines the language and purpose of the Act to determine whether interview notes should be considered Jencks Act statements. Part I examines the policy underlying the Jencks Act and argues that the majority position sanctioning pre-trial destruction of interview notes conflicts with these statutory purposes. Part II discusses the statutory language and argues that the status of the witness as a government agent or a private individual determines the applicable section of the ...


The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh Jun 1982

The Criminal Liability Of Corporations And Other Groups: A Comparative View, L. H. Leigh

Michigan Law Review

Briefly, three positions concerning corporate liability may be identified. First, there are systems of full corporate criminal liability, such as those in England and the United States. Second, there are systems that recognize only partial corporate criminal liability, for example Denmark, Belgium, and France. Finally, some systems do not permit such liability at all, or permit it only under the guise of administrative offenses. Italy and West Germany afford examples of this restrictive view of corporate liability.

This Article will sketch each of these positions in some detail, beginning, in Part I, with those systems that authorize full liability. Part ...


Toward Understanding Unlawful Organizational Behavior, Diane Vaughan Jun 1982

Toward Understanding Unlawful Organizational Behavior, Diane Vaughan

Michigan Law Review

The emergence and growth of regulatory agencies charged with controlling organizational misconduct has been so widespread that the monitoring and regulation of corporate interactions has itself become "big business," with the complexity of the regulatory agencies at times matching or even exceeding that of the organizations they regulate. The effectiveness of these efforts to control unlawful organizational behavior has been assessed in many different ways. The records of agency investigations, administrative hearings, and judicial proceedings provide data on enforcement actions, court decrees, trials, convictions, penalties, and other indicators that allow empirical estimates to be made. A realistic assessment of agency ...


The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman Jun 1982

The Organization As Weapon In White-Collar Crime, Stanton Wheeler, Mitchell Lewis Rothman

Michigan Law Review

This Article explores the advantages of using organization or occupation in the more typical case. Our inquiry takes this as its central question: What difference does it make when a white-collar crime is committed in the course of one's occupation or when acting on behalf, or with the assistance, of an organization? If we are becoming, as some have argued, an organizational society, then we should see the results of this change reflected in illicit as well as licit behavior. The organizational form may be used for either social or antisocial ends. Our principal hypothesis, as the title suggests ...


Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite Jun 1982

Enforced Self-Regulation: A New Strategy For Corporate Crime Control, John Braithwaite

Michigan Law Review

Part I outlines the concept of enforced self-regulation, sketches its theoretical underpinnings, and illustrates its application in the context of corporate accounting standards. Part II argues the merits of enforced self-regulation. Part III dispels notions that the proposal is a radical departure from existing regulatory practice and points to areas in which necessary empirical research could be conducted by discussing incipient manifestations of partial enforced self-regulation models in the aviation, mining, and pharmaceutical industries. Part IV considers in some detail the weaknesses of the proposed model. The final Part considers the importance of determining an optimal mix of regulatory strategies ...


The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan Jun 1982

The Sentencing Of White-Collar Criminals In Federal Courts: A Socio-Legal Exploration Of Disparity, Ilene H. Nagel, John L. Hagan

Michigan Law Review

This Article addresses that question by examining judicial sentencing philosophy as applied to white-collar criminality and reporting data that illuminate the operation of that philosophy. Part I of the Article argues that the traditional purposes and limits of criminal sentencing may plausibly justify either disparate or comparable sentences in cases of white-collar and common criminality. Part II describes the obstacles to an accurate empirical inquiry into how judges resolve these uncertainties in the theory of punishment. Part III presents a study designed to overcome as many of these obstacles as possible. What is most dramatic is that the resulting data ...


Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review May 1982

Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review

Michigan Law Review

This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues ...


A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review May 1982

A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review

Michigan Law Review

This Note rejects these arguments in favor of the thesis that the census clause affirmatively requires including illegal aliens in the census figures used to apportion representatives among the states. Part I argues that the framers intended to allocate representation among the states based on a number of considerations, including wealth, and chose total population within the territory of each state as the best measure of those considerations. Part II contends that the requirement of individual equality in voting rights does not apply to interstate comparisons of voting power. Rather, a specific structural agreement reached by the states as sovereign ...


Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review May 1982

Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review

Michigan Law Review

The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda ...


Luke K. Cooperrider, L. Hart Wright May 1982

Luke K. Cooperrider, L. Hart Wright

Michigan Law Review

A Tribute to Luke K. Cooperrider


Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel May 1982

Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

Michigan Law Review

We explore in this Article the basis and consequences of the target's suit under the antitrust laws. We approach the question from the perspective of federal antitrust law and state corporation law.

We argue in Part I that the target is a singularly poor "private attorney general" because it is a beneficiary, not a victim, of any violation. An antitrust suit thus must be understood as an attempt by managers to defend their own positions, not as an attempt to vindicate the public interest. In the jargon of antitrust, the target is not a victim of "antitrust injury" and ...