Law Commons^™

Vol. 1, No. 7, November 1, 1968, University Of Michigan Law School

Res Gestae

•Board of Directors Recommends Day of Reflection on Election Day •Dean Allen Testifies Before National Commission on Violence •Commentaries on an Interview with Huey Newton •"Who Threw My Briefcase into the Potomac?" •Some Biased Observations on a Political Rally •Humphrey Receives 60% of Votes in Presidential Poll but Over 80% Believe Nixon Will Win •Letters to the Editor •Sports •Notes and Comments: Entertainment •Weekender

"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave

Michigan Law Review

In light of the surfeit of law review commentary on the subject of stop and frisk, a word about what follows is in order. This Article is not intended to be a restatement or summary of the recent debate on stop and frisk. Terry and its companions have put some of the issues to rest and pushed others to the forefront, and with the resulting change in the battle lines the time is ripe for a reassessment. The concern here is with the approach taken by the Supreme Court in Terry, Sibron, and Peters, and the emphasis is …

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Michigan Law Review

A surge of interest and direct involvement with artificial insemination has interposed complicated and presently unsolved legal, social, cultural, religious, emotional, and psychological problems. It is not the purpose of this Article to undertake an exegesis of these interrelated areas or their ramifications. Central consideration, instead, is given to the special legal problems of adultery, illegitimacy, and support and inheritance manifest in any discussion of artificial insemination.

Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review

Michigan Law Review

The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …

Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review

Michigan Law Review

Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

Vol. 1, No. 6, October 25, 1968, University Of Michigan Law School

Res Gestae

•Campbell Competition Orals Approaching Chief Justice Brennan Scheduled for Finals in Spring •Letters to the Editor •Revised Figures on 1967-68 Law School Job Placement •An American Dream •Diversions •Weekender •Sports •Congressman Esch to Speak at Lawyers Club •Lawyers Club Dinner Dance

Vol. 1, No. 5, October 18, 1968, University Of Michigan Law School

Res Gestae

•Figures on 1967-68 Law School Job Placement •Harvard Professor Freund Comments on "Law and Order" •Law School Quote of the Week •Letters to the Editor •Perseverance •Sports •Law School Intramural Sports •Weekender •In the Auditoria •Report from the Board •Senior Pictures •Trav Van Dinh Presents Non-Saigon Vie on Viet Nam War •Michigan Law Faculty Challenges Legality of Selective Service Policy

Vol. 1, No. 4, October 11, 1968, University Of Michigan Law School

Res Gestae

•The Draft: What Are The Possibilities? •Assistant U.S. Attorney General Speaks on Black Discontent •Commentary on Student Hypocrisy Toward Black Speakers •National Moot Court Team •LSCRRC Hears About National Lawyers Guild, Radical Lawyers Organization •Opportunity for Part Time Ghetto Work by Practicing Attorneys •October Seminar for All Legal Aid and Legal Services Attorneys •Letters to the Editor •"It Takes Leather Balls to Play Rugby" •Sports •Diversions •Weekender

Vol. 1, No. 3, October 4, 1968, University Of Michigan Law School

Res Gestae

•Res Gestae Editorial "Black Discontent" •Bond, Gregory, and Powell Illuminate Black Power's Diversities •Warning •Dialogue with a Black Law Student •Report from the Board of Directors •Curriculum Survey Next Tuesday •Roger Wilkins and Tran Van Dinh to Speak in Law Club This Week •LSCRRC Meeting on Wednesday •Letters to the Editor •"Diversions" •"Weekender" •What Else •Sports

Vol. 1, No. 1, September 20, 1968, University Of Michigan Law School

Res Gestae

•Res Gestae Attends SDS Meeting •Law School Civil Rights Group Resumes Operation •Radical Detroit Lawyer to Speak Here •Draft Information •Board Announcements •World Series Pitching Analysis •Law School Regs Against Student Demonstrations •Law Club Store in Operation

Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller

Michigan Law Review

This Article chronicles one attempt to blend the sophisticated science of statistics with the mysterious art of the law in an antitrust case. Once again, we hope to provide lawyers with an understanding of a tool which can be used in resolving complex factual questions wherever they arise, not merely in an antitrust context. Although the lawyer will not emerge from this encounter as an accomplished statistician or economist, he may be able to talk to his fellow social scientists and to achieve a more fruitful application of social science techniques to the law.

Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen

Michigan Law Review

It has been said that hard cases often make bad law. The recent decision by the New York Court of Appeals in James v. Powell suggests that easy cases, too, may make bad law-especially where a scholarly judge ventures beyond the demands of the case before him.

Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart

Michigan Law Review

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …

Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal

Michigan Law Review

Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.

Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review

Michigan Law Review

Plaintiff-landlord brought an action for possession based on nonpayment of rent in the Landlord-Tenant Branch of the District of Columbia Court of General Sessions. Although the parties stipulated at trial that the rent was 230 dollars in arrears, defendant-tenant contended that the plaintiff was not entitled to possession because the lease was an illegal contract under the District of Columbia Housing Regulations. The trial court rejected this contention and gave judgment for plaintiff. By the time her appeal to the District of Columbia Court of Appeals was heard, the tenant had vacated the premises and no longer desired to contest …

Silving: Constituent Elements Of Crime, B. J. George Jr.

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving

Cound, Friedenthal & Miller: Civil Procedure, Cases And Materials, Arthur J. Lombard

Michigan Law Review

A Book Review of Civil Procedure, Cases and Materials by John J. Cound

Hospital Emergency Service And The Open Door, Leonard S. Powers

Michigan Law Review

This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.

Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander

Michigan Law Review

In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.

Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman

Michigan Law Review

What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …

Memorial Resolution: Frank Edward Cooper, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Frank Edward Cooper

Administrative Delay And Judicial Relief, Steven Goldman

Michigan Law Review

The problem of judicial relief from protracted agency delay has been virtually undiscussed in the existing literature. The few courts that have dealt with the delay question have acted instinctively, without providing any rational framework and without articulating either relevant concerns or appropriate standards. This Article will explore the range of issues raised when courts are called upon to grant relief from excessive administrative delay.

The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review

Michigan Law Review

Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …

Vol. 22, No. 21, April 19, 1968, University Of Michigan Law School

Res Gestae

•Attention: December 1968 and 1969 Graduates •Editorial: The Numbers Game •N.Y.U. Gives Lesson in Avoiding Draft •Letter to the Editor •Legal Aid Court Appearances •Report from the Board •1968 Graduates Who Have Accepted Judicial Clerkships (as of April 17, 1968) •Weekender •Sendarian •Legal Aid and Defender of Detroit Established

Vol. 22, No. 20, April 12, 1968, University Of Michigan Law School

Res Gestae

•Board of Directors Meets for Last Time This Term •Legal Aid Court Appearances •Riots Panel Urges Expanded LSP •ABA Booklet for Federal Government Jobs •Law Students Speak Out: Random Gripes •Quickie Editorial: A Plaintive Plea •Reflections in a Crease-Tal Ball •The Law Club Affair •"Dicky Joe" Julin Exposed as Publicity Hound •Vending Machines Raided by Police: Students Seized •Weekender

Vol. 22, No. 19, April 5, 1968, University Of Michigan Law School

Res Gestae

•Admissions, Grad Deferments, You, Etc. •Report from the Board •The Draft's the Thing •Memorial Gift to U.M. •Free Weekend Entertainment •Faculty Action •R.O.T.C. and the Law School •Attention: December 1968 and 1969 Graduates •International Law Society •Super-Special Quiz •Architecture and Law •Journal Plans Information Meeting for Freshmen •A Training Ground for Future D.A.'s •Board of Directors Seeks Publication Editors •Sendarian •Weekender

A Prospectus For Reform, Francis A. Allen

University of Michigan Journal of Law Reform

The interests of this journal are not focused narrowly on any particular areas of law reform. It will be concerned with issues relating to the improvement of both private law and public law, judicial administration, law enforcement, administrative regulation, and much more. In short, it seeks to promote the improvement of law and its administration in all areas in which needs are disclosed and in which useful proposals can be advanced. No doubt, many of the problems to be discussed will be those with an important local impact. One of the interesting developments of our times is the degree to …

The Adversary Proceeding In The Year 2000, Maurice Rosenberg

University of Michigan Journal of Law Reform

The object of this series is to explore the sciences that relate to law for the light that they may shed on the judicial function in time to come. To assess the impact of science and technology on law is at least a full day's work. It requires us to ask in what ways the power and knowledge of science threaten or challenge society now and in years ahead. It also requires us to ask how we can harness scientific knowledge and power for the law's needs today, and for needs as yet unknown.