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University of Michigan Law School

Journal

1982

Articles 31 - 60 of 141

Full-Text Articles in Law

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review May 1982

Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review

Michigan Law Review

Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …

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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 …

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Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger Apr 1982

Alternatives To Seniority-Based Layoffs: Reconciling Teamsters, Weber, And The Goal Of Equal Employment Opportunity, Paul M. Hamburger

University of Michigan Journal of Law Reform

This Note advocates the use of legal incentives for adopting nonpreferential alternatives to seniority-based layoffs. Part I analyzes the impact of bona fide seniority systems on recently hired minorities and women. Part II discusses existing legal incentives for unions and employers to seek alternatives to strict seniority layoffs and for courts to enjoin such layoffs, thereby forcing the parties to negotiate over alternatives. Finally, part III examines two kinds of potential alternatives: racially preferential alternatives, which are prohibited under Title VII, and nonpreferential options, which are permissible and should be used increasingly.

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Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer Apr 1982

Avoiding Liens Under The New Bankruptcy Code: Construction And Application Of Section 522(F), Judy Toyer

University of Michigan Journal of Law Reform

This Note argues that strict construction of section 522(f)(2) is most consistent with congressional intent. Part I discusses the congressional rationale behind lien avoidance. Part II examines present efforts to apply section 522(f)(2), and concludes that judicial interpretation to date has proved largely inadequate. Finally, Part III proposes new judicial guidelines and statutory amendments designed to standardize application of the lien avoidance provision in a manner consistent with the congressional intent behind the Reform Act.

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Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury Apr 1982

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …

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Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii Apr 1982

Relief For Prison Overcrowding: Evaluating Michigan's Accelerated Parole Statute, Frank T. Judge Iii

University of Michigan Journal of Law Reform

This Note describes and analyzes Michigan's Prison Overcrowding Emergency Powers Act. Part I reviews briefly current efforts to relieve prison overcrowding and concludes that traditional remedies are largely inadequate. Part II examines the early prisoner release statute and its implementation. Finally, Part III evaluates the statute's success in relieving prison overcrowding .

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The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes Apr 1982

The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes

University of Michigan Journal of Law Reform

The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …

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The Effect Of Insider Trading Rules On The Internal Efficiency Of The Large Corporation, Robert J. Haft Apr 1982

The Effect Of Insider Trading Rules On The Internal Efficiency Of The Large Corporation, Robert J. Haft

Michigan Law Review

Academics have hotly debated these justifications for years, and none of the three has achieved universal acclaim. This Article suggests another perspective: Prohibiting insider trading may enhance business decision-making in large corporations. With the exception of proponents of the Business Property view, analysts have focused on how an insider trading rule affects the national securities markets and traders in those markets. The internal governance of the large corporation is a different matter, one deserving separate consideration.

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Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review Apr 1982

Intent Or Impact: Proving Discrimination Under Title Vi Of The Civil Rights Act Of 1964, Michigan Law Review

Michigan Law Review

This Note analyzes the controversy and concludes that courts must apply an impact standard in title VI cases. After reviewing the relevant Supreme Court decisions, Part I contends that Bakke did not overrule Lau's approval of an impact standard. Part II examines the regulations on which the Lau court relied. It first characterizes them as legislative; they derive the force of law from an explicit congressional delegation of substantive power. Part II then tests the regulations' impact standard against the language, legislative history, and policy of title VI and finds it valid. Since courts may not disregard valid legislative regulations, …

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Another Theory Of Nonprofit Corporations, Ira Mark Ellman Apr 1982

Another Theory Of Nonprofit Corporations, Ira Mark Ellman

Michigan Law Review

This Article argues that the distinction between donors and customers is critical, and that the contract failure model is therefore seriously flawed. It distinguishes two types of nonprofit corporations - those structured to satisfy donors' needs ("donative nonprofits") and those structured to satisfy customers' needs ("mutual benefit nonprofits"). This dichotomy suggests a very different nonprofit corporation law than the one urged by Hansmann. Once the concept of contract failure is limited to donors, it can be refined to serve as part of the rationale for donative nonprofits. Refining the concept of contract failure reveals, however, that it confuses the analysis …

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Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review Apr 1982

Double Jeopardy And Federal Prosecution After State Jury Acquittal, Michigan Law Review

Michigan Law Review

This Note argues that the rationale of the Supreme Court's post-conviction cases cannot be extended to cases involving jury acquittal and that federal reprosecution after state jury acquittal violates the double jeopardy clause. One can give meaning to the clause, Part Iexplains, only by reference to its underlying constitutional values.Part II suggests that these values, while possibly compatible with federal prosecution after a state conviction, cannot countenance reprosecution after a jury acquittal. Part III proposes that courts determine whether such reprosecution is appropriate by applying the Blockhurger same offense standard: Two offenses are the same unless each requires proof of …

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Awarding Attorneys' Fees To Prevailing Pro Se Litigants, Michigan Law Review Apr 1982

Awarding Attorneys' Fees To Prevailing Pro Se Litigants, Michigan Law Review

Michigan Law Review

This Note examines- the propriety of awarding attorneys' fees to prevailing pro se litigants in the federal courts. It focuses on the four major statutes under which almost all pro se cases have been filed: the Freedom of Information Act of 1974 (FOIA), the Privacy Act of 1974 (Privacy Act), the Civil Rights Attorney's Fees Awards Act of 1976 (CRAFAA), and the Truth in Lending Act (TILA). In so doing, it will attempt to devise common principles that can be applied to most requests for pro se attorneys' fees. Part I looks first to the statutes' language and legislative histories …

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Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review Apr 1982

Donee Payment Of Gift Tax: Crane, Old Colony Trust, And The Need For Congressional Action, Michigan Law Review

Michigan Law Review

The net gift theory achieves results that comport with congressional policy, but its focus on donative intent finds little support in the Code. The part-sale, part-gift theory undermines Congress' policy toward gifts, but follows logically from the Supreme Court's decision in Old Colony Trust. The Note concludes, therefore, that Congress should amend the Code to make clear that liability for gift taxes is shared by donors and donees. By ensuring that donee payments of gift taxes would riot constitute taxable gain to donors, this amendment would eliminate the inconsistency between Congress' goals and its operative language.

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Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review Mar 1982

Law Clerks And The Judicial Process: Perceptions Of The Qualities And Functions Of Law Clerks In American Courts, Michigan Law Review

Michigan Law Review

A Review of Law Clerks and the Judicial Process: Perceptions of the Qualities and Functions of Law Clerks in American Courts by John B. Oakley and Robert S. Thompson

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Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review Mar 1982

Juveniles' Waiver Of Rights: Legal And Psychological Competence, Michigan Law Review

Michigan Law Review

A Review of Juveniles' Waiver of Rights: Legal and Psychological Competence by Thomas Grisso

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Delinquent Measures, David Seidman Mar 1982

Delinquent Measures, David Seidman

Michigan Law Review

A Review of Measuring Delinquency by Michael J. Hindelang, Travis Hirsch, and Joseph G. Weis

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A New View Of The Legislative And Administrative Process, Abner J. Mikva Mar 1982

A New View Of The Legislative And Administrative Process, Abner J. Mikva

Michigan Law Review

A Review of Legislative and Administrative Processes by Hans A. Linde, George Bunn, Fredericka Paff, and W. Lawrence Church

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Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace Mar 1982

Judicial Reform And The Pound Conference Of 1976, J. Clifford Wallace

Michigan Law Review

A Review of The Pound Conference: Perspectives on Justice in the Future edited by A. Leo Levin and Russell R. Wheeler

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Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman Mar 1982

Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman

Michigan Law Review

A Review of The Enigma of Felix Frankfurter by H.N. Hirsch

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Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth Mar 1982

Samuel E. Thorne And Legal History In Law Schools, Delloyd J. Guth

Michigan Law Review

A Review of On the Laws and Customs of England: Essays in Honor of Samuel E. Thorne edited by Morris S. Arnold, Thomas A. Green, Sally A. Scully and Stephen D. White

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A New Theory Of Social Control, Charles R. Tittle Mar 1982

A New Theory Of Social Control, Charles R. Tittle

Michigan Law Review

A Review of Norms, Deviance, and Social Control: Conceptual Matters by Jack P. Gibbs

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Toward A New Theory Of Roman Law, David F. Pugsley Mar 1982

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier

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Legal Imperialism: American Lawyers And Foreign Aid In Latin America, Michigan Law Review Mar 1982

Legal Imperialism: American Lawyers And Foreign Aid In Latin America, Michigan Law Review

Michigan Law Review

A Review of Legal Imperialism: American Lawyers and Foreign Aid in Latin America by James A. Gardner

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Corporations And Information: Secrecy, Access, And Disclosure, Michigan Law Review Mar 1982

Corporations And Information: Secrecy, Access, And Disclosure, Michigan Law Review

Michigan Law Review

A Review of Corporations and Information: Secrecy, Access, and Disclosure by Russell B. Stevenson, Jr.

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Corporate Crime, Michigan Law Review Mar 1982

Corporate Crime, Michigan Law Review

Michigan Law Review

A Review of Corporate Crime by Marshall B. Clinard and Peter C. Yeager

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Courts Of Appeals In The Federal Judicial System, Michigan Law Review Mar 1982

Courts Of Appeals In The Federal Judicial System, Michigan Law Review

Michigan Law Review

A Review of Courts of Appeals in the Federal Judicial System by J. Woodford Howard, Jr.

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The Litigious Society, Michigan Law Review Mar 1982

The Litigious Society, Michigan Law Review

Michigan Law Review

A Review of The Litigious Society by Jethro K. Kieberman

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The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Mar 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Michigan Law Review

A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier

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Social Justice In The Liberal State, Michigan Law Review Mar 1982

Social Justice In The Liberal State, Michigan Law Review

Michigan Law Review

A Review of Social Justice in the Liberal State by Bruce A. Ackerman

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Clean Coal/Dirty Air, Michigan Law Review Mar 1982

Clean Coal/Dirty Air, Michigan Law Review

Michigan Law Review

A Review of Clean Coal/Dirty Air by Bruce A. Ackerman and William T. Hassler

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