Law Commons^™

A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.

Michigan Law Review

It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …

Gillmor & Barron: Mass Communications Law: Cases And Comment, Nicholas Johnson

Michigan Law Review

A Review of Mass Communications Law: Cases and Comment by Donald M. Gillmor and Jerome A. Barron

Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review

Michigan Law Review

When a group of employees strike against their own employer--the primary employer-their purpose usually is to disrupt his operations in the hope that economic pressure will persuade or coerce him to meet their demands. They may picket the primary employer's premises in order to publicize the strike or to try to persuade fellow employees to join it; and even if the picketing induces third persons not to deal with the primary, the employees' activity constitutes protected primary picketing. If the goal of the striking employees is in fact to publicize the strike and to persuade their co-workers, they will naturally …

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, …

Fisher: International Conflict For Beginners, Stanley D. Metzger

Michigan Law Review

A Review of International Conflict for Beginners by Roger Fisher

Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger

Michigan Law Review

A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett

Civil Rights--Segregation--Federal Income Tax: Exemptions And Deductions--The Validity Of Tax Benefits To Private Segregated Schools, Michigan Law Review

Michigan Law Review

In granting the preliminary injunction, the district court found that plaintiffs were asserting a substantial constitutional claim and had a reasonable possibility of success. Balancing the equities of the parties, the court decided that the possibility of significant adverse effect on the Commissioner and schools awaiting tax benefits was not great and was in any event far outweighed by the harm which could result from a denial of the requested relief pendente lite. Thus, the court found that the threat of irreparable injury justified the issuance of a preliminary injunction. The propriety of the court's decision to grant a preliminary …

Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder

University of Michigan Journal of Law Reform

The pervasive social policy underlying the Anglo-American law on succession of property at death is freedom of testation. Our law makes meaningful one's right to decide who shall inherit his property by providing a legal instrument, the will, to distribute property to chosen recipients. When a man dies without having exercised this right, however, the laws of intestate succession determine who shall receive his property, and in what shares it shall be received. In effect, the laws of intestate succession are an estate plan written for the decedent by his state legislature. These laws do not function as a restriction …

Controlling The Controllers In Parent-Subsidiary Relations, James C. Bruno

University of Michigan Journal of Law Reform

This article will examine the rights and responsibilities of a party in control of a corporation. The discussion of these rights and responsibilities focuses principally on the law of Michigan. However, passages on policy, discussion of the development of relevant Michigan law, and recommendations for changes in the law are pertinent to the general problem-area of parent-subsidiary relations encountered in all jurisdictions.

Federal Aid Highway Routing Procedures: A Voice For All Parties, Michael F. Williams

University of Michigan Journal of Law Reform

This article examines the legal barriers which have been confronted in the courts by those challenging administratively determined highway routes and, in so doing, it traces these legal barriers to their sources within the routing structure itself. Against this backdrop, the article analyzes the Policy and Procedure Memorandum, indicating some of the problems which it will resolve and offering suggestions for those it will not resolve.

California Family Law Act, Meredith A. Nelson

University of Michigan Journal of Law Reform

California's Family Law Act has been heralded as the first major change in the State's divorce provisions in one hundred years. The Act is an attempt to remedy two major criticisms of current divorce practice both in California and throughout the United States. First, those advocating reform believe that laws controlling the granting of divorces are in conflict with modem concepts of marriage and divorce. Many divorce laws impose punitive sanctions in an attempt to deter those who would otherwise seek a divorce. Second, notwithstanding their intent, divorce laws have not, in fact, reduced the frequency of divorce. The inability …

Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson

University of Michigan Journal of Law Reform

It is the purpose of this article to propose and discuss an amendment to Michigan's long arm statute which will allow the entry of extraterritorial alimony, separate maintenance, or child support decrees when Michigan is the state of the marital domicile and the defendant-spouse cannot be located for personal service of process. A plaintiff employing the proposed provision in a divorce action will be able to seek alimony, separate maintenance, or support payments as if the defendant were before the court, and the court will have the authority to grant her the necessary relief. If and when the wife later …

Michigan "Freedom Of Information Act", David T. Alexander

University of Michigan Journal of Law Reform

A policy of public disclosure is as appropriate at the state level as it is at the federal level. There are comparable state agencies for almost all Federal departments concerned with commerce and the public health, safety and welfare. Through licensing and supervisory powers over businesses and individuals, state agencies exercise extensive quasi-legislative and quasi-judicial powers of immediate concern to the public. The resulting rules, records, regulations, orders and opinions serve as both the factual findings and the substantive law of the particular area administered by each agency. Recognizing this need for public disclosure at the state level, the Michigan …

Antitrust Powers Of The Aec, Bernhard G. Bechhoefer

University of Michigan Journal of Law Reform

This article is directed toward an interpretation of the Atomic Energy Act of 1954 as it concerns the authority of the AEC to consider the antitrust implications incident to its licensing functions. This inquiry will include an examination of the respective responsibilities of the AEC and the Justice Department in meeting the anti-competitive possibilities of the nuclear industry.

The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.

University of Michigan Journal of Law Reform

Under current bankruptcy law, a partially secured creditor can force a struggling debtor into straight bankruptcy despite the debtor's voluntary attempt to rescue himself from insolvency under a Chapter XIII wage earner plan. Since the partially secured creditor has a security interest in the debtor's personal property, though it may be one of only negligible value, he is generally treated under Chapter XIII as a wholly secured creditor. If the partially secured creditor is affected by the wage earner plan, his assent to it is required before the court can confirm the plan. He may therefore, by his single dissent, …

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review

Michigan Law Review

The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin

Michigan Law Review

A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine

Foreword: Environmental Quality, The Courts, And The Congress, Henry M. Jackson

Michigan Law Review

In America, we have traditionally equated progress with gross national product, with the accumulation of personal goods, with economic development, and with miles of roads, numbers of kilowatts, and acres of land. We have been easily impressed by quantitative measures of who we are as a people and where we are going as a nation.

In many respects the ways we measure progress reflect our society's traditional emphasis on the accumulation of material goods and the expansion of commerce and technology. Our success in achieving these goals is apparent from the statistics. We produce more than ten million automobiles annually. …

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.

Michigan Law Review

Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …

Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review

Michigan Law Review

On April 22, 1970, a number of private groups in the United States sponsored "Earth Day," an attempt to turn the attention of the population to matters of environmental concern. The dramatically favorable response to the idea of "Earth Day" suggests the extent to which more and more persons are becoming worried about ecological destruction. One of the methods of preventing that destruction, the obtaining of injunctions against industrial polluters, is the subject of this Comment. The central focus of this Comment is upon the injunction as a means of preventing air pollution, but most of the substance is equally …

Vol. 4, No. 12, April 24, 1970, University Of Michigan Law School

Res Gestae

•Exam Grade •No Purge •CLEPR! •Crockett Here Today •Women •The Law School Fund •Letters Responses •6 Day War •Advice to a Young Lawyer on Joining a Firm •New Battles for Administration •One Final Word

Vol. 4, No. 11, April 17, 1970, University Of Michigan Law School

Res Gestae

•Proffit to Resign •Firm Banned •BAM Disruption Charges •Boone's Farm Honors Convocation Awards •Ball Games •Letters •Placement •Bookstore Manager Needed •Be an Editor

Vol. 4, No. 10, April 10, 1970, University Of Michigan Law School

Res Gestae

•A Challenge •Clinical Credit •New Structure for 1st Year Voted •Strike Aftermath •Drug Laws •1970 Honors Convocation •Speakers •ABA Grants •One Man's Opinion •More Filter: Bad Taste •Letters •Hart Beats •Important! •Women to Act •Milan Program

Vol. 4, No. 9, April 3, 1970, University Of Michigan Law School

Res Gestae

•Law School Disrupted by Strike •Sex Discrimination •Prospectus •Central Student Judiciary •Editorial •Letters •Proposed Constitutional Amendment •The Trial of Bobby Seale Cont'd

Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia

Michigan Law Review

The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.