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University of Michigan Law School

1970

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Articles 61 - 90 of 133

Full-Text Articles in Law

Carrington: Civil Procedure: Cases And Comments On The Process Of Adjudication, Jerome A. Barron Apr 1970

Carrington: Civil Procedure: Cases And Comments On The Process Of Adjudication, Jerome A. Barron

Michigan Law Review

A Review of Civil Procedure: Cases and Comments on the Process of Adjudication by Paul D. Carrington


Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review Apr 1970

Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review

Michigan Law Review

During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …


Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia Apr 1970

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.


Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review Apr 1970

Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review

Michigan Law Review

Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …


Supplying Organs For Transplantation, Jesse Dukeminier Jr Apr 1970

Supplying Organs For Transplantation, Jesse Dukeminier Jr

Michigan Law Review

The possibility that a market for organs will develop arises as a result of recent scientific successes in interchanging human parts and the consequent imbalance that has arisen between the quantity of organs supplied and the quantity demanded. Currently, and in the foreseeable future, unless our laws are changed, the quantity supplied will not equal the quantity demanded at a zero price. When useful items are in short supply in a market economy monetary inducements to increase the supply are commonly offered. The question then arises whether society should permit such inducements in order to ensure a satisfactory supply of …


Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review Apr 1970

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …


Vol. 4, No. 8, March 27, 1970, University Of Michigan Law School Mar 1970

Vol. 4, No. 8, March 27, 1970, University Of Michigan Law School

Res Gestae

•BAM Demands Change in Priorities •The Tribe Strikes Back •Goldberg Cancels •Placement - 2nd & 3rd Year Students •Being Recounted •Letters of Appreciation •Jane L. Mixer Memorial Award: Nomination •Summer Studies Section •Board of Directors Act Against Michigan Bar Waiver •Meeting Held on Migrant Labor Legal Assistance Project •Justice & Douglas •Editorial: It Was Our Duty TC Strike •The Trial of Bobby Seale


Vol. 4, No. 7, March 6, 1970, University Of Michigan Law School Mar 1970

Vol. 4, No. 7, March 6, 1970, University Of Michigan Law School

Res Gestae

•Three Courses No Longer Required •Conference on Legal Education - Nader and Kinoy •No Writing Competition •Discrimination Charge Sent to Committee •The Environmental Lawyer •Sax on Chicago and the Law •Fog •Being Counted •Jane L. Mixer Memorial Award: Nominations •Case Club Banquet •Vote •Letters •Mass Legal Defense Office •Recent Developments: LSCRRC v. Wadmond •One Man's Opinion •Another Election, Say What?


Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review Mar 1970

Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review

Michigan Law Review

This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.


Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review Mar 1970

Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review

Michigan Law Review

Traditionally, it has not proved difficult to find policy considerations which justify the existence of programs of price information exchange among competitors. There has been widespread agreement that businessmen require knowledge of all the economic forces which affect their operations. Justice Holmes once said: "I should have thought that the ideal of commerce was an intelligent interchange made with full knowledge of the facts as a basis for the forecast of the future on both sides." Similarly, Justice Brandeis commented that "[t]he Sherman Law ... certainly does not command that competition shall be pursued blindly, that business rivals shall remain …


Egalitarianism And The Warren Court, Philip B. Kurland Mar 1970

Egalitarianism And The Warren Court, Philip B. Kurland

Michigan Law Review

As late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "justice," was not a "value word" but only a descriptive one. He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice." What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other …


Hobart Coffey, Michigan Law Review Mar 1970

Hobart Coffey, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Hobart Coffey


Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review Mar 1970

Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review

Michigan Law Review

Litigation arising in connection with the recent bankruptcy of Turney Wood Products, Inc., has brought into issue the general problem of the operation of a bankrupt employer under the federal labor laws. The provisions of both the federal labor laws and the Bankruptcy Act are clear in purpose, but in areas of their interaction they have produced jurisdictional confusion. The situation presented to a single court by the cases arising from the Turney Wood Products bankruptcy provided an ideal vehicle to resolve much of that confusion; in fact, the parties involved viewed it as a test-case situation. But the resulting …


Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub Mar 1970

Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub

Michigan Law Review

It is likely that, in view of the adoption in forty-nine states of the Uniform Commercial Code (Code), particularly of article 9 dealing with secured transactions, the incidence of interstate conflict-of- laws problems concerning commercial transactions in personal property will be greatly reduced. The reason for this anticipated reduction is that the Code creates uniformity in the applicable law governing the rights and duties both between the secured creditor and the debtor and between the secured creditor and third parties who challenge the secured creditor's right to enjoy his security interest.


Trade Regulation--Price Discrimination--Liability For "Fourth Level" Injury Falls Within The Scope Of Section 2(A) Of The Clayton Act, As Amended By The Robinson-Patman Act--Perkins V. Standard Oil Company Of California, Michigan Law Review Mar 1970

Trade Regulation--Price Discrimination--Liability For "Fourth Level" Injury Falls Within The Scope Of Section 2(A) Of The Clayton Act, As Amended By The Robinson-Patman Act--Perkins V. Standard Oil Company Of California, Michigan Law Review

Michigan Law Review

During the mid-1950's Clyde A. Perkins, a major independent wholesaler and retailer operating in the states of Washington and Oregon, bought substantial quantities of gasoline and oil from Standard Oil Company of California. During the same period, Standard also sold gasoline and oil to Signal Oil and Gas Company, a large wholesaler whose subsidiaries operated at wholesale and retail levels in the same area as Perkins. The price Standard charged to Signal, however, was lower than the price it charged to Perkins. Signal passed on the advantages of this lower price to its subsidiary, Western Hyway, which in tum sold …


Shenoy: Indian Economic Police, S. Prakash Sinha Mar 1970

Shenoy: Indian Economic Police, S. Prakash Sinha

Michigan Law Review

A Review of Indian Economic Police by R.R.Shenoy


Culp: Discretionary Justice: A Preliminary Inquiry, Albert J. Reiss Jr. Mar 1970

Culp: Discretionary Justice: A Preliminary Inquiry, Albert J. Reiss Jr.

Michigan Law Review

A Review of Discretionary Justice: A Preliminary Inquiry by Kenneth Culp Davis


Platt: The Child Savers: The Invention Of Delinquency, Joseph Whitehill Mar 1970

Platt: The Child Savers: The Invention Of Delinquency, Joseph Whitehill

Michigan Law Review

A Review of The Child Savers: The Invention of Delinquency by Anthony M. Platt


Vol. 4, No. 6, February 27, 1970, University Of Michigan Law School Feb 1970

Vol. 4, No. 6, February 27, 1970, University Of Michigan Law School

Res Gestae

•Conference •Crockett Speaks Out •Off We Go R.O.T.C. •Reflections on an Interview •Report of Personnel Committee •From Other Law Schools •Letters •Faculty Carswell Statements •Legal Aid


Vol. 4, No. 5, February 20, 1970, University Of Michigan Law School Feb 1970

Vol. 4, No. 5, February 20, 1970, University Of Michigan Law School

Res Gestae

•Law Review Selection •Problems and Problems •Clinical Course Experience •Letters •Grades: A Remnant of the Past •Administrative Committee Reports on Recent Activities •Judge Crockett to Speak Here Today •Air Pollution Law Seminar •Law Review to Publish Meritorious Work of Any Student •Committee Recommends Dropping Required Courses •A Request for Student Help for This Year's Advocacy Institute •Reminder on Elections to the Board of Directors of the Lawyers Club •Repression & the Law •Case of the Week •Editorial: A Day for Introspection •Environmental Law Society to Meet with Consumers Power Company


Vol. 4, No. 3, February 6, 1970, University Of Michigan Law School Feb 1970

Vol. 4, No. 3, February 6, 1970, University Of Michigan Law School

Res Gestae

•Campbell Semis •Washington •Social Calendar •Jobs •By Any Means •Editorial


Vol. 4, No. 1, January 23, 1970, University Of Michigan Law School Jan 1970

Vol. 4, No. 1, January 23, 1970, University Of Michigan Law School

Res Gestae

•Editorial "The Grading System" •"Pass-Fail" Experiment Commences •Faculty Announces Two New Members for the Coming Year •Environmental Law: The Earth, "No Deposit, No Return." •Michigan Wins Regional Moot Court Competition: Loses in Semi-Finals of Nationals •Professor Conard to Head Association •To the Editor •Other Law Schools


Program From The Twentieth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1970

Program From The Twentieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twentieth Thomas M. Cooley lectures, held November 17-19, 1970, at the University of Michigan Law School. The lecture series was “The Reform of Civil Procedure: Comparative and Interdisciplinary Perspectives” by Maurice Rosenberg, Benjamin Kaplan, and Mauro Cappelletti.


Program From The Nineteenth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1970

Program From The Nineteenth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the nineteenth Thomas M. Cooley lectures, held October 12-16, 1970, at the University of Michigan Law School. The lecture series was "New Priorities in Criminal Justice" by Bernard Botein.


The Codicil Jan 1970

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1970.


Class Of 1970 Fifteen Year Report, University Of Michigan Law School Jan 1970

Class Of 1970 Fifteen Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni fifteen years after graduation.


Class Of 1970 Fifteen Year Report Alumni Comments, Part 2, University Of Michigan Law School Jan 1970

Class Of 1970 Fifteen Year Report Alumni Comments, Part 2, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.


Class Of 1970 Fifteen Year Report Alumni Comments, Part 3, University Of Michigan Law School Jan 1970

Class Of 1970 Fifteen Year Report Alumni Comments, Part 3, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the question "What of your Law School training is contributing most meaningfully to your present job ability?"


Class Of 1970 Fifteen Year Report Alumni Comments, University Of Michigan Law School Jan 1970

Class Of 1970 Fifteen Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.


Class Of 1970 Five Year Report, University Of Michigan Law School Jan 1970

Class Of 1970 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.