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University of Michigan Law School

1971

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Full-Text Articles in Law

December 10, 1971, University Of Michigan Law School Dec 1971

December 10, 1971, University Of Michigan Law School

Res Gestae

•This Week •Letter •Inter-Pollute •Pleya •Books •Sis! •RG Offed •Griddie Goodies


December 3, 1971, University Of Michigan Law School Dec 1971

December 3, 1971, University Of Michigan Law School

Res Gestae

•Looney Tunes Merrie Melodies •Critique 2 •What's Coming Down in the Courts •Who Defends 'U' •I.F. Stone's Bi-Weekly •Hmm… •Sis! •The Stone Mystique •Notices, Announcements, & Asides •Griddie Goodie


Report To The President For The Year, 1970-71, University Of Michigan Law School Dec 1971

Report To The President For The Year, 1970-71, University Of Michigan Law School

Miscellaneous Law School History & Publications

Report to the President of the University from the Dean of the Law School.


Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review Dec 1971

Corrective Advertising And The Ftc: No, Virginia, Wonder Bread Doesn't Help Build Strong Bodies Twelve Ways, Michigan Law Review

Michigan Law Review

This Note will outline the development and theory of corrective advertising. In particular, it will discuss the residual effects of deceptive advertising, which are the basis for a corrective remedy. The Commission's statutory authority to require corrective advertising will then be explored: the analysis will compare corrective advertising with other types of affirmative disclosure required by the Commission and relate it to the present use of divestiture as a trade regulation remedy. Finally, the possible public benefit accruing from corrective advertising will be considered, along with some thoughts on what policies the FTC should pursue in order to maximize that …


The Newsman's Privilege: An Empirical Study, Vince Blasi Dec 1971

The Newsman's Privilege: An Empirical Study, Vince Blasi

Michigan Law Review

Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …


Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig Dec 1971

Developments In The Control Of Foreign Investment In France, Charles Torem, William Laurence Craig

Michigan Law Review

This Article will first review the legal provisions for the control of foreign investment in France and then will analyze them in light of France's position in the Common Market and its other international obligations. Finally, it will attempt to describe the developing guidelines established by the government for foreign investment and will illustrate the application of these guidelines by a survey of recent investment cases.


Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review Dec 1971

Manageability Of Notice And Damage Calculation In Consumer Class Actions, Michigan Law Review

Michigan Law Review

This Comment will examine the likelihood that Rule 23, as it has been interpreted since its amendment, will provide a mechanism through which consumers may successfully resolve their grievances. The focus will be on the manageability problems of providing the requisite notice and of devising a method of calculation and distribution of damages.


Federal Income Taxation--Section 165 (C) Loss Allowed For Securities Loaned To Brokerage Firm That Subsequently Became Insolvent And Sold The Securities To Meet The Claims Of Creditors--Stahl V. United States, Michigan Law Review Dec 1971

Federal Income Taxation--Section 165 (C) Loss Allowed For Securities Loaned To Brokerage Firm That Subsequently Became Insolvent And Sold The Securities To Meet The Claims Of Creditors--Stahl V. United States, Michigan Law Review

Michigan Law Review

It is frequently said that there are only two certainties in life: death and taxes. The Court of Appeals for the District of Columbia Circuit recently upheld a district court decision that considerably eased the latter burden for plaintiff-taxpayer in Stahl v. United States. On April 12, 1962, Mrs. Stahl, a widowed musician and music teacher, reached an agreement with Balough & Company (Balough), a Washington securities firm, under which she was to surrender to it control of securities with a market value of approximately $210,000. Balough used the securities to meet the minimum capital requirements for brokerage firms established …


Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann Dec 1971

Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann

Michigan Law Review

A Review of The Greening of American by Charles A. Reich and Beyond Freedom and Dignity by B. F. Skinner


November 19, 1971, University Of Michigan Law School Nov 1971

November 19, 1971, University Of Michigan Law School

Res Gestae

•Reform Group •This Week •Five Easy Leases •Notices, Announcements, & Asides •Photo Phreaks •Benjamin De Mott •Codicil •Report on Student Files •Sis! •Griddie Goodies


November 11, 1971, University Of Michigan Law School Nov 1971

November 11, 1971, University Of Michigan Law School

Res Gestae

•Legal Aid Conflagration Aid •Lorraine Beebe Will Speak •Griddie Goodies


November 5, 1971, University Of Michigan Law School Nov 1971

November 5, 1971, University Of Michigan Law School

Res Gestae

•Clinical Law •What's Coming Down in the Courts •R.G. Plans Spelling Bee for Coveted Posts •Sis! •Note •Griddie Goodies


The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr. Nov 1971

The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.

Michigan Law Review

In 1970, the ABA approved a revised version of its insolvency priority recommendation which is now before the Senate Judiciary Committee as S. 2197, having been introduced by Senator Quentin N. Burdick. "by request," for the purpose of inviting public comment. The suggestions and criticisms made in the following analysis of the proposal are meant to detract nothing from the great desirability of the reform, for which I have worked for many years, but are intended to facilitate the kind of accommodation to the legitimate interests of the Government that ultimately paved the way for the adoption of the Federal …


Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen Nov 1971

Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen

Michigan Law Review

There are, therefore, substantial arguments for and against permitting interlocutory review of an examiner's rulings. With so even a balance in principle, factual analysis of agency practices becomes critical. This study measures agency practice against the standard that hearing procedures must be fair, and unnecessary delay is as unfair to the parties and the public as are arbitrary and erroneous interlocutory rulings.


The Presidential Veto Power: A Shallow Pocket, Michigan Law Review Nov 1971

The Presidential Veto Power: A Shallow Pocket, Michigan Law Review

Michigan Law Review

Problems created by the uncertain scope of the President's pocket-veto power do not often arise, but neither are they a matter of purely academic interest. Indeed, two Senators who have questioned President Nixon's use of the pocket-veto power base their challenge on the ambiguous language of the pocket-veto provision. They argue that the pocket-veto provision was intended to apply only in circumstances involving a final adjournment at the end of a term or a session of Congress and was not intended to apply to brief adjournments-such as the 1970 Christmas recess-occurring within a session of Congress. Senator Kennedy contends that …


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr. Nov 1971

Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.

Michigan Law Review

In this thesis I begin by examining the causes of the crisis as expounded in the current economic literature. This examination has led me to the conclusion that regulatory practice and policy has suffered from not being sufficiently economic in its orientation. If this point is correct, there remains an important subsidiary question: "What role, if any, should be played by the lawyer?"


October 29, 1971, University Of Michigan Law School Oct 1971

October 29, 1971, University Of Michigan Law School

Res Gestae

•Lefcourt •Editorial •Sis! •Letters •Prome •Critique •Cookpix •Law Firms of the Week •Flicks •Codicil •Griddie Goodies


October 22, 1971, University Of Michigan Law School Oct 1971

October 22, 1971, University Of Michigan Law School

Res Gestae

•Ups 'n Downs •What's Coming Down in the Courts •Children's Hour •Letter •Critique •Job •Law Firms of the Week •ELS •Griddie Goodies


October 15, 1971, University Of Michigan Law School Oct 1971

October 15, 1971, University Of Michigan Law School

Res Gestae

•$$ •Freshpeople •Letters •Sis! •Usar •Books •ELS •Note •A New Law School Course •What's Coming Down in the Courts •PIRG •Films •Griddie Goodies


October 8, 1971, University Of Michigan Law School Oct 1971

October 8, 1971, University Of Michigan Law School

Res Gestae

•Conyers •What's Coming Down in the Courts •Letter •MIAP •SIS! •Big Brother Watches •Java with the Judge •Just a Friend •Rightshoptalk •SS •Griddie Goodies


October 1, 1971, University Of Michigan Law School Oct 1971

October 1, 1971, University Of Michigan Law School

Res Gestae

•Crockett •Dominick's •Sis •N.B. •Attica •Guess •New Faculty •Legal Aid •In Sec •Letters •Reprint •Ca, Pa, Pc, Ta, Ia, etc. •TV •Pubs •Jobs •S.S. •BLSA •Flics •Limpy


September 24, 1971, University Of Michigan Law School Sep 1971

September 24, 1971, University Of Michigan Law School

Res Gestae

•Tigar Returns •S.S. •MIAP •Attica •Getaway •Lunch •Women's Rights Workshops •Big Sister is Watching You Award of the Week •Crockett •New Mag •Literature in the Law •Mich. Grads •Grade Game: Nice Guys Finish Last •Sports •Codicil •Politic •Law School Student Senate •Griddie Goodies •Clerkships


September 17, 1971, University Of Michigan Law School Sep 1971

September 17, 1971, University Of Michigan Law School

Res Gestae

•Attica •Note •The International Law Society •Griddie Goodies •Tragedy at Attica •Editorial •Kamisar •Vining •Chambers


September 10, 1971, University Of Michigan Law School Sep 1971

September 10, 1971, University Of Michigan Law School

Res Gestae

•Case Club •More Women Studies •Faculty Profile •Comment •Non-Law? •Progress and Regress •Important Notices •A Disappointing First •Fee Simple •President's Message •Placement •Griddie Goodies


Direct Judicial Review And The Doctrine Of Ripeness In Administrative Law, Joseph Vining Aug 1971

Direct Judicial Review And The Doctrine Of Ripeness In Administrative Law, Joseph Vining

Articles

There has been recent interest in rationalizing and codifying the opportunities for judicial review of federal administrative determinations outside an enforcement context or special proceedings designated by statute. Abbott Laboratories v. Gardner culminated the development of a strong judicial presumption in favor of such review, founded in general considerations and justified by the broad language of the Administrative Procedure Act (AP A or Act). Since the petitioners in Abbott had theoretical rights to later review of the agency position in enforcement proceedings, the Court called the procedure "pre-enforcement" review. But similar opportunities for immediate and direct review of agency positions …


Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review Aug 1971

Invoking Summary Criminal Contempt Procedures--Use Of Abuse? United States V. Dellinger --The "Chicago Seven" Contempts, Michigan Law Review

Michigan Law Review

In late August of 1968, while delegates to the Democratic National Convention were arriving in Chicago, a group of several thousand demonstrators gathered in the city's Lincoln Park to protest the Convention, the Vietnam War, and the city's refusal to grant the group a permit to hold rallies and marches during the Convention. The week that followed was marred by violent confrontations between the demonstrators and the city's police.1 This violence in Chicago provided the impetus for an indictment by a federal grand jury of the defendants in United States v. Dellinger.


A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards Aug 1971

A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards

Michigan Law Review

It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …


Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review Jun 1971

Consumer Credit--The Department Store Revolving Charge Account--Usury Resurrected--State V. J.C. Penney Company, Michigan Law Review

Michigan Law Review

The Attorney General of Wisconsin recently brought an action against the J.C. Penney retailing chain for an injunction against any further charges of 1½% per month on the declining balances of its revolving charge accounts. The state alleged that anything in excess of I% per month was a violation of the $12 per $100 per annum usury ceiling established by its legislature as the maximum chargeable for a loan or forbearance of money. Penney admitted that its monthly charge frequently exceeded the allowable rate but argued that its charge was a "time-price differential," exempt from statutory control under the time-price …


Miller: The Assault On Privacy, Michael S. Josephson Jun 1971

Miller: The Assault On Privacy, Michael S. Josephson

Michigan Law Review

A Review of The Assault on Privacy by Arthur R. Miller