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University of Michigan Law School

1970

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Articles 1 - 30 of 129

Full-Text Articles in Law

December 6, 1970, University Of Michigan Law School Dec 1970

December 6, 1970, University Of Michigan Law School

Res Gestae

•New Schedule Next Year? •Drugs Here? Yes! •Dean Allen Lashes at Newspaper •Review Review •Cooley Talks •Friendlyness •And Elsewhere •Go Where the Action Is •Fraser-Borgmann Trial •Clinical Legal Studies… •Letters to the Editor •Sports •Notes From •The New Dean


The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper Dec 1970

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.


Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin Dec 1970

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 Dec 1970

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 ...


Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review Dec 1970

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 ...


Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review Dec 1970

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 Dec 1970

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


Paul A. Leidy, Michigan Law Review Dec 1970

Paul A. Leidy, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Paul A. Leidy


Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review Dec 1970

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.


November 20, 1970, University Of Michigan Law School Nov 1970

November 20, 1970, University Of Michigan Law School

Res Gestae

•Fraser-Borgmann Trial Tuesday •Prof. Martin: Meet the Man •GM- A Campaign Against a Giant •Law Jobs for Freshman •Board Action •Wimphy Golden: A Discrimination Case •Editorial •C.J.S. •Job Meeting Tuesday •Notes from the Underground •Football Poll


November 16, 1970, University Of Michigan Law School Nov 1970

November 16, 1970, University Of Michigan Law School

Res Gestae

•Dean Poll Tuesday


November 13, 1970, University Of Michigan Law School Nov 1970

November 13, 1970, University Of Michigan Law School

Res Gestae

•Two Symposia this Week •Draft Seminar Interviews This Week •Law Sexism •Women React •Letters to the Editor •A Toast •Exams •Student-Sponsored Public Interest Firms •Editorial •Notice of Interview •Football Poll


The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder Nov 1970

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 Nov 1970

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 Nov 1970

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 Nov 1970

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.


Wright & Miller: Federal Practice And Procedure, Civil Procedure, William H. Becker, W. Brown Morton Jr. Nov 1970

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


Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau Nov 1970

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


October 30, 1970, University Of Michigan Law School Oct 1970

October 30, 1970, University Of Michigan Law School

Res Gestae

•Movie •Silent Majority •Lonely Hearts •Letters •What's Coming Down in the Courts •An Open Letter to the Law School Community •The Dean Selection Process •Football Poll


October 23, 1970, University Of Michigan Law School Oct 1970

October 23, 1970, University Of Michigan Law School

Res Gestae

•Worried About Law Exams…? •Clinical Law Passes Faculty •Eating Out Michigan Style •A.G. Here •The Naked J.D. •Bookstore •Letters •We Emphasize •Football Poll


October 16, 1970, University Of Michigan Law School Oct 1970

October 16, 1970, University Of Michigan Law School

Res Gestae

•Paradise Lost •The Word •Job •Responsibility •Discrimination •Let There Be Light •Femania •TV •Liggett & Myers •Greener Grass •We Need a Good Head On •Tigar! Tigar! •Editorial •Football Poll


October 9, 1970, University Of Michigan Law School Oct 1970

October 9, 1970, University Of Michigan Law School

Res Gestae

•Your War •The Conscience of a Majority •McCauly Admits •Coming Down in the Courts •Letters •Nixon Agnew •Very Sour Grapes •Civilization •Janis Joplin, Jimi Hendrix Farewell to Addiction •Football Poll


October 2, 1970, University Of Michigan Law School Oct 1970

October 2, 1970, University Of Michigan Law School

Res Gestae

•Tigar!! •Political License •Text of Resolution •Kunstler (According to Matthew) •Another View •Beating the Draft •Live Clinical Program •What's Coming Down in the Courts •Florida Lures Julin •Eco-Porn •Any Suggestions? •Editorial: Women and the Law School •Football Poll


September 25, 1970, University Of Michigan Law School Sep 1970

September 25, 1970, University Of Michigan Law School

Res Gestae

•Kunstler! •Dean Selection Committee 'picked' •The Unauthorized Version •Coming Down in the Courts •Foreign Language Luncheons •Not-ab-le •Editorial •Hold It •Fire Drill


September 22, 1970, University Of Michigan Law School Sep 1970

September 22, 1970, University Of Michigan Law School

Res Gestae

•Statements of Candidates for Member-at-Large •Yvonne Hughes


Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review Aug 1970

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.


Prior Restraints On Demonstrations, Vince Blasi Aug 1970

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.


Effective Representation And Multimember Districts, Michigan Law Review Aug 1970

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 his claim ...


Wright: Comparative Conflict Resolution Procedures In Taxation, Thomas A. Troyer, Arthur B. White, Donald W. Bacon Aug 1970

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 Jun 1970

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 ...