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Articles 1 - 30 of 69
Full-Text Articles in Law
Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig
Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig
Michigan Law Review
This Article will first review the legal provisions for the control of foreign investment in France and then will analyze them in light of France's position in the Common Market and its other international obligations. Finally, it will attempt to describe the developing guidelines established by the government for foreign investment and will illustrate the application of these guidelines by a survey of recent investment cases.
Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review
Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review
Michigan Law Review
This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.
Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review
Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review
Michigan Law Review
This Note will outline the development and theory of corrective advertising. In particular, it will discuss the residual effects of deceptive advertising, which are the basis for a corrective remedy. The Commission's statutory authority to require corrective advertising will then be explored: the analysis will compare corrective advertising with other types of affirmative disclosure required by the Commission and relate it to the present use of divestiture as a trade regulation remedy. Finally, the possible public benefit accruing from corrective advertising will be considered, along with some thoughts on what policies the FTC should pursue in order to maximize that …
Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann
Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann
Michigan Law Review
A Review of The Greening of American by Charles A. Reich and Beyond Freedom and Dignity by B. F. Skinner
The Newsman's Privilege: An Empirical Study, Vince Blasi
The Newsman's Privilege: An Empirical Study, Vince Blasi
Michigan Law Review
Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …
Federal Income Taxation--Section 165 (C) Loss Allowed For Securities Loaned To Brokerage Firm That Subsequently Became Insolvent And Sold The Securities To Meet The Claims Of Creditors--Stahl V. United States, Michigan Law Review
Michigan Law Review
It is frequently said that there are only two certainties in life: death and taxes. The Court of Appeals for the District of Columbia Circuit recently upheld a district court decision that considerably eased the latter burden for plaintiff-taxpayer in Stahl v. United States. On April 12, 1962, Mrs. Stahl, a widowed musician and music teacher, reached an agreement with Balough & Company (Balough), a Washington securities firm, under which she was to surrender to it control of securities with a market value of approximately $210,000. Balough used the securities to meet the minimum capital requirements for brokerage firms established …
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review
Michigan Law Review
At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …
The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.
The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.
Michigan Law Review
In 1970, the ABA approved a revised version of its insolvency priority recommendation which is now before the Senate Judiciary Committee as S. 2197, having been introduced by Senator Quentin N. Burdick. "by request," for the purpose of inviting public comment. The suggestions and criticisms made in the following analysis of the proposal are meant to detract nothing from the great desirability of the reform, for which I have worked for many years, but are intended to facilitate the kind of accommodation to the legitimate interests of the Government that ultimately paved the way for the adoption of the Federal …
Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen
Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen
Michigan Law Review
There are, therefore, substantial arguments for and against permitting interlocutory review of an examiner's rulings. With so even a balance in principle, factual analysis of agency practices becomes critical. This study measures agency practice against the standard that hearing procedures must be fair, and unnecessary delay is as unfair to the parties and the public as are arbitrary and erroneous interlocutory rulings.
The Presidential Veto Power: A Shallow Pocket, Michigan Law Review
The Presidential Veto Power: A Shallow Pocket, Michigan Law Review
Michigan Law Review
Problems created by the uncertain scope of the President's pocket-veto power do not often arise, but neither are they a matter of purely academic interest. Indeed, two Senators who have questioned President Nixon's use of the pocket-veto power base their challenge on the ambiguous language of the pocket-veto provision. They argue that the pocket-veto provision was intended to apply only in circumstances involving a final adjournment at the end of a term or a session of Congress and was not intended to apply to brief adjournments-such as the 1970 Christmas recess-occurring within a session of Congress. Senator Kennedy contends that …
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Michigan Law Review
In this thesis I begin by examining the causes of the crisis as expounded in the current economic literature. This examination has led me to the conclusion that regulatory practice and policy has suffered from not being sufficiently economic in its orientation. If this point is correct, there remains an important subsidiary question: "What role, if any, should be played by the lawyer?"
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review
Michigan Law Review
In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards
Michigan Law Review
It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …
Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review
Punishment For War Crimes: Duty--Or Discretion?, Michigan Law Review
Michigan Law Review
In 1968, a movie called The Graduate received wide critical acclaim for characterizing the malaise of youthful America. For many, the scene most representative of contemporary irrelevance took place during the protagonist's homecoming party, at which a businessman, with grave and repetitive insistence, encouraged the recent college graduate to enter the plastics industry. In a CBS-TV news interview on November 24, 1969, Paul D. Meadlo revealed his participation in an incident in Vietnam that has captured the horrified attention of the nation. Meadlo, twenty-three years old, is a machine operator in a Terre Haute, Indiana plastics factory.
Miller: The Assault On Privacy, Michael S. Josephson
Miller: The Assault On Privacy, Michael S. Josephson
Michigan Law Review
A Review of The Assault on Privacy by Arthur R. Miller
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Michigan Law Review
This Article will focus on one of the concerns implicated in Wyman: the government's power to force assistance for the protection of children, when they or their parents are unwilling to accept that assistance. The state's protective purposes in insisting that Mrs. James accept its assistance or suffer serious loss of benefits played an important role in the Wyman decision. Only a few years ago, in In re Gault, the Court refused to defer to a state's similarly beneficent motives when it was asked to withhold the imposition of procedural safeguards in juvenile delinquency proceedings. Wyman does not …
Bankruptcy--1970 Amendments To The Bankruptcy Act--An Attempt To Remedy Discharge Abuses, Michigan Law Review
Bankruptcy--1970 Amendments To The Bankruptcy Act--An Attempt To Remedy Discharge Abuses, Michigan Law Review
Michigan Law Review
December 18, 1970, marked the end of a fifteen-year chapter in the history of American legislative proceedings dealing with "personal'' bankruptcy. On that date Public Law Number 91-467 took effect and thereby instituted changes in the Bankruptcy Act designed to "effectuate more fully the discharge in bankruptcy by rendering it less subject to abuse by harrassing creditors." The legislative steps leading to the 1970 amendment began with the introduction of the first "dischargeability" bill in 1955. This initial effort at reform stimulated a continuing flow of similar proposals leading to the ultimate acceptance of new substantive and procedural rules for …
Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review
Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review
Michigan Law Review
The Attorney General of Wisconsin recently brought an action against the J.C. Penney retailing chain for an injunction against any further charges of 1½% per month on the declining balances of its revolving charge accounts. The state alleged that anything in excess of I% per month was a violation of the $12 per $100 per annum usury ceiling established by its legislature as the maximum chargeable for a loan or forbearance of money. Penney admitted that its monthly charge frequently exceeded the allowable rate but argued that its charge was a "time-price differential," exempt from statutory control under the time-price …
Regulation Of Intermodal Rate Competition In Transportation, Joseph R. Rose
Regulation Of Intermodal Rate Competition In Transportation, Joseph R. Rose
Michigan Law Review
The controversy over intermodal rate competition comprehends both legal and economic issues. Clarity requires that each be explicitly stated and separately treated. The legal issues center on the meaning of section 15a(3) of the Interstate Commerce Act and the declaration of the National Transportation Policy that precedes the Act, which are the sources of the Commission's authority. The economic issues involve the effect on resource allocation of rate-making proposals devised to carry out these provisions of the Act.
Fiflis & Kripke: Accounting For Business Lawyers, Jason L. Honigman
Fiflis & Kripke: Accounting For Business Lawyers, Jason L. Honigman
Michigan Law Review
A Review of Accounting for Business Lawyers by Ted J. Fiflis and Homer Kripke
Judicial Development Of The Law Of Selective Service Reopening, Michigan Law Review
Judicial Development Of The Law Of Selective Service Reopening, Michigan Law Review
Michigan Law Review
The purpose of this Comment is to restate the law of reopening as developed by the Act, the regulations, and the courts. The discussion will necessarily include a look at the abuses committed by local boards, the judicial reaction to these improprieties, and the availability of judicial review in various reopening situations, as well as comments on the various aspects of the substantive law of reopening.
Contracts, Conditions, And The Clayton Act: Causes Of Action Available To A Dealer Injured By An Exclusive-Dealing Arrangement, Michigan Law Review
Contracts, Conditions, And The Clayton Act: Causes Of Action Available To A Dealer Injured By An Exclusive-Dealing Arrangement, Michigan Law Review
Michigan Law Review
It is the purpose of this Comment to re-examine two of the three requirements of section 3 of the Clayton Act-with particular emphasis on the sale-or-contract-for-sale requirement-in an attempt to determine whether the formidable obstacle that judicial interpretation has made of these requirements is consistent with either the letter or spirit of the section. In discussing these requirements, this Comment will only consider the rights of parties who have at one time made purchases from a seller who utilizes exclusive-selling arrangements.
Dependent Relative Revocation And Its Relation To Relief For Mistake, George E. Palmer
Dependent Relative Revocation And Its Relation To Relief For Mistake, George E. Palmer
Michigan Law Review
When an intended legal act is induced by mistake in the sense that it would not have occurred had the actor known the truth, the generally accepted method of analysis in our law is that the act is legally effective; the mistake becomes important only in determining whether it provides a ground for setting aside or rescinding the transaction. If a donor makes a gift while laboring under some fundamental mistake such as the identity of the donee or the donee's relationship to him, the gift is in the first instance effective, but the donor may be able to obtain …
Bank Charge Cards: New Cash Or New Credit, Roland E. Brandel, Carl A. Leonard
Bank Charge Cards: New Cash Or New Credit, Roland E. Brandel, Carl A. Leonard
Michigan Law Review
It is the premise of this Article that the bank charge card systems constitute a new, highly useful, and efficient payment and credit mechanism; that any decision-making body that promulgates a rule on the issue of the assertability of consumer defenses must carefully evaluate the true functions of bank charge cards, particularly their role as part of a sophisticated payment mechanism, and weigh the relative interests of the consuming public, merchants, and members of the banking industry to derive the best solution for society; that courts are ill-equipped to perform this function; and, that, given the national and international usage …
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Torts--Strict Liability--A Hospital Is Strictly Liable For Transfusions Of Hepatitis-Infected Blood--Cunningham V. Macneal Memorial Hospital, Michigan Law Review
Michigan Law Review
This Recent Development will briefly trace the development of hospital liability for transfusions of hepatitis-infected blood and will analyze both the impact of Cunningham on that area of the law and the correctness of the Cunningham decision.
International Law--Extraterritoriality--Antitrust Law--Development Of The Defense Of Sovereign Compulsion, Michigan Law Review
International Law--Extraterritoriality--Antitrust Law--Development Of The Defense Of Sovereign Compulsion, Michigan Law Review
Michigan Law Review
One of the most troublesome of these conflicts arises when an American business abroad is subjected to an order of a foreign government and the carrying out of that order requires that business to violate the antitrust laws of the United States. The recent case of Interamerican Refining Corporation v. Texaco Maracaibo, Incorporated confronted an American court with this precise issue for the first time. The United States District Court for the District of Delaware responded by saying that the defendants had been compelled to act as they did by the orders of a foreign sovereign government, and it held …
Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg
Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg
Michigan Law Review
In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.
To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …
Social And Political Aspects Of Civil Procedure--Reforms And Trends In Western And Eastern Europe, Mauro Cappellitti
Social And Political Aspects Of Civil Procedure--Reforms And Trends In Western And Eastern Europe, Mauro Cappellitti
Michigan Law Review
It is my intention first to analyze the reforms accomplished in Europe in the relatively recent past. I shall then turn to the principal current problems and trends of reform. Finally, I will reflect on the intellectual and socio-political background of such reforms, problems, and trends. This approach will also give us the opportunity to discuss what kind of scholarship in the field of civil procedure is demanded today, at least in Europe but probably elsewhere as well, in order to meet the changed needs of our time.
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Michigan Law Review
This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Michigan Law Review
This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.