Law Commons^™

Trusts And The Doctrine Of Estates, Olin L. Browder Jr.

Michigan Law Review

The "doctrine of estates" is the common law system for the classification of divided ownership. Its primary purpose is to differentiate the legal consequences of the variety of concurrent, present, and future estates, but it also serves to differentiate the dispositive language required to create or transfer such estates. The doctrine of estates, therefore, embraces a sizable part of the law of conveyancing, including the large body of doctrine known as rules of construction.

In modern practice the classification and construction of present and future interests usually occurs with respect to beneficial interests in trust. It has not been sufficiently …

The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review

Michigan Law Review

The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.

Go East, Young Man, Earl Latham

Michigan Law Review

A Review of Go East, Young Man by William O. Douglas

July 11, 1974, University Of Michigan Law School

Res Gestae

•Notices •Books •Congressional Record

June 27, 1974, University Of Michigan Law School

Res Gestae

•Comment •Rhonda •Chisholm •Notices

June 20, 1974, University Of Michigan Law School

Res Gestae

•Mr. Baker •Books •Notices •Letters •"Guilty as Charged"

June 13, 1974, University Of Michigan Law School

Res Gestae

•Comment •Letters •Notices •Humor

June 6, 1974, University Of Michigan Law School

Res Gestae

•In Memoriam •Letters •Notices •ICLE •Consumerism •Ephemera

Some Reflections On The State Taxation Of A Nonresident's Personal Income, Walter Hellerstein

Michigan Law Review

My purpose here is fourfold: first, to inquire into the theoretical and constitutional underpinning of Vermont's taxing scheme against the background of the case that challenged the validity of the levy; second, to analyze the impact of related legislation on the principles upon which the basic Vermont formula was constructed; third, to determine whether there are reasons of law or policy why other states should not adopt schemes similar to Vermont's; and, fourth, to consider in light of the foregoing some of the recurring problems concerning the treatment of nonresidents under state income tax statutes.

Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck

Michigan Law Review

The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …

The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will examine the potential utility of a tentative settlement class (TSC) in suits initiated under title VII of the Civil Rights Act of 1964. The advantages and disadvantages of the TSC will be discussed in the context of analyzing whether the use of a TSC is valid under rules 23(a) and 23(b) of the Federal Rules of Civil Procedure. The discussion of the merits of the TSC in the title VII context will illustrate the problems inherent in the use of a tentative class for encouraging settlements of any class action.

Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review

Michigan Law Review

The Penn Central litigation, involving a large, publicly held corporation, illustrates the need to examine the reach of the federal antifraud provisions. This Note discusses the problem of defining the plaintiff class when the number of past and present shareholders who are potential plaintiffs is very great. Attention will center on the methods courts have used to limit the class of investors compensable under rule 10b-5. Also, the effect that enactment of present drafts of the American Law lnstitute's proposed Federal Securities Code would have on the composition of the plaintiff class in analogous actions will be discussed. Finally, the …

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

The Evolution Of Law In The Barrios Of Caracas, Robert C. Means

Michigan Law Review

A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz

Lawyer's Lawyer: The Life Of John W. Davis, James W. Ely Jr.

Michigan Law Review

A Review of Lawyer's Lawyer: The Life of John W. Davis by William H. Harbaugh

Discriminatory Membership Policies In Federally Chartered Nonprofit Corporations, Michigan Law Review

Michigan Law Review

Since 1791 the United States has created federal corporations by specific acts of Congress. These corporations fall into three general types, including corporations organized in the District of Columbia, corporations that carry out a federal governmental or public function, and private nonprofit corporations that undertake educational, charitable, historical, cultural or similar purposes. About fifty groups comprise the third category, including the American National Red Cross, the Girl Scouts of America, the Boy Scouts of America, the United States Olympic Committee, the American Legion, the Veterans of Foreign Wars of the United States (VFW), and the Little League.

Recently, the discriminatory …

The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris

Michigan Law Review

Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …

Basic Corporate Taxation, Stefan F. Tucker

Michigan Law Review

A Review of Basic Corporate Taxation, 2d Ed. by Douglas A. Kahn

The Sale Of Human Body Parts, Michigan Law Review

Michigan Law Review

Section I of this Note briefly surveys the state of the transplant art; section II outlines the inadequacy of the present human parts supply system; section III discusses some of the alternatives advanced as solutions to the shortage; section IV discusses the market system alternative; section V considers existing legal doctrines that may impede the establishment of such a system; and section VI reviews tort and tax law problems associated with the market concept.

April 26, 1974, University Of Michigan Law School

Res Gestae

•Ripoff Revealed •LSSS •Humbling the Exalted or the Picking of a Nit •Remember the Cat Who Guarded the Canary? •Legislative Aid Bureau •Writing Samples Invited •Quote Poll Answers •Placement News •Life Insurance Seekers Take Note •Conference Set •Crease Ball Post Mortem •Raw Review

April 19, 1974, University Of Michigan Law School

Res Gestae

•Humor •Conference •Letters •Contest •Ephemera •Notices •Poll •Student Senate

April 11, 1974, University Of Michigan Law School

Res Gestae

•What's Going on at Other Law Schools •Cooley Lecture •Letters •Male Threat from Female Competence •Credit Offered for Doing Something •Feeling Nuclear Wasted? •Notice •Law-Economics Talk Scheduled •Freshman Writing Competition •Applications for 1974-75 Senior Judgeship •Basketball Poll •Law Review Editors Chosen for 1974-5 •Clinical Program in International Law •Campaign Statements •Brussels Fellowships for 1974-75 Still Open •New Strings on Lawyers •Seisin Street

April 11, 1974, University Of Michigan Law School

Res Gestae

•Docket •LSSS Minutes •The Weekly Penalty Box •Kung Foolery •Letters •Black Letter Life •Civil Procedure Professor Crouper Files a Complaint •Good Listening (Classical) •Annual Report on the State of the Judiciary •Basketball Poll

April 5, 1974, University Of Michigan Law School

Res Gestae

•UM Student Fights Fraud •Copy Center v. The World •Letters •PAD Mock Interview •LSSS Springs for Blue Books •Senior Day •Notice •ILS Presentation •Law School Review •Placement Notes •Defense Work •Baseball Poll •Law School Student Senate Election Results

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

Aba Approval Of Law Schools: Standards, Procedures, And The Future Of Legal Education, Michigan Law Review

Michigan Law Review

Graduation from an accredited law school is a requirement for admission to the bar in most states. Although rule-making power with regard to bar admission lies in the state supreme courts, the courts give great deference to the American Bar Association (ABA) as an accreditor of law schools. Admission requirements frequently prescribe unconditionally that an applicant must be a graduate of a law school that has been approved by the ABA. Other states require either graduation from an ABA-approved law school or some specified alternative. The few remaining states require unconditionally or as an alternative that an applicant for the …

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

The Tax Recommendations Of The Commission On The Bankruptcy Laws--Income Tax Liabilities Of The Estate And The Debtor, William T. Plumb Jr.

Michigan Law Review

The Commission on the Bankruptcy Laws of the United States (Commission), pursuant to congressional mandate, has reported its recommendations for the first comprehensive revision of the bankruptcy laws since the Chandler Act of 1938. This Article deals with the proposals concerning the obligation of the trustee in bankruptcy to file returns of income and to pay federal and state taxes on the income, and concerning the calculation of the taxable incomes of the bankrupt estate and the debtor (including their rights to utilize each other's carryovers), as well as with certain problems in those areas in which the Commission has …

March 22, 1974, University Of Michigan Law School

Res Gestae

•Invitation to Total Awareness •Rejoinder •Letters •Stolen Law Books •Lost and Found •Rules and Regulations for Law School Senate Elections •Overachievers Session Planned •WLSA Election •Special Offer •Campbell Winners •Placement Notes •Notice •Transcendental Meditation Session •Lawyer Review •Undergraduate Law Teaching Seminar •Plea •W.C. Fields Flick •Jail Flick •Basketball Poll