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University of Michigan Law School

1975

Articles 1 - 30 of 104

Full-Text Articles in Law

December 5, 1975, University Of Michigan Law School Dec 1975

December 5, 1975, University Of Michigan Law School

Res Gestae

•Notices •Parting Shot •Dean St. Antoine Meets with Students •Law School Student Senate Minutes •Personal Foul •ABA Sponsored Conference Urges National CLE Standards, Rejects Mandatory Programs •Joke •The Spirit of Shay's Rebellion: The New York City Debt Moratorium •Black Leather Mice •PILS Press On •Estep Admits Law Degree Honorary


Compulsory Process Ii, Peter Westen Dec 1975

Compulsory Process Ii, Peter Westen

Michigan Law Review

This Article examines the validity of the conventional wisdom. It draws support for its analysis from the constitutional principles of compulsory process, and, in their absence, from related doctrine in the areas of a defendant's right to confront witnesses against him and his right to a fair trial. Part I of the article defines the constitutional standard that governs the simple case of a nonindigent defendant who makes a timely application to produce a witness from within the territory of the jurisdiction. Parts II through IV, in turn, examine that standard in the light of complicating factors such as ...


Service Of Process By Mail, Michigan Law Review Dec 1975

Service Of Process By Mail, Michigan Law Review

Michigan Law Review

This Note examines the operation of the return-receipt requirement and concludes that, in light of the procedures available to a defendant to challenge service and to reopen default judgments entered against him, the requirement of a signed receipt is unduly harsh on plaintiffs. In the course of this examination, the Note details the means by which a defendant can avoid service by mail in a return-receipt jurisdiction and explains the operation of the various motions to challenge service of process, which, it is asserted, can protect the defendant as well as a return-receipt requirement.


Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review Dec 1975

Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review

Michigan Law Review

This Note examines the propriety of implying a cause of action for damages under section 206. Upon concluding that such an implication is appropriate, it then suggests a scope for section 206 actions that implements the Act's underlying purposes.


The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review Dec 1975

The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review

Michigan Law Review

This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the ...


November 21, 1975, University Of Michigan Law School Nov 1975

November 21, 1975, University Of Michigan Law School

Res Gestae

•Docket •LSSS •Joke •Turnabout •Black Letter Life •Letters •Kamisar on Douglas's Successor •Pirgim •Personal Foul •The New Dick Noxin •Seisin Street •Library Acquires New York Research Set •Woody Hayes and The American Way of Life •RG Rankings and RG Predictions •Football Poll


November 14, 1975, University Of Michigan Law School Nov 1975

November 14, 1975, University Of Michigan Law School

Res Gestae

•Docket •Placement News •Game •Letters •Edwards •Black Letter Life •Personal Foul •LSSS •The Legal Bias against Rape Victims •Football Poll


November 7, 1975, University Of Michigan Law School Nov 1975

November 7, 1975, University Of Michigan Law School

Res Gestae

•Docket •Edwards •Letters •Joke •Stanley Suggests Two-Year Law Schools, Plus Continuing Education •Joint Law & Public Policy Program Offered •Dump Truck •LSSS •Personal Foul •Pirgim •Football Poll


Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review Nov 1975

Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review

Michigan Law Review

This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.


The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review Nov 1975

The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates the merits of Revenue Ruling 74-323. First, it asserts that, while not arbitrary, the Service's resolution of the preemption issue was not mandated by the language of amended section 162 or by the relevant legislative history. Second, it maintains that it is both appropriate and procedurally feasible to apply the judicial public policy doctrine to violations of federal civil rights laws that impose no fine, imprisonment, loss of license, or other criminal penalty. The denial of a deduction in this situation would extend the public policy doctrine beyond both section 162(c)(2) and the judicial ...


The Other Government, Daniel D. Polsby Nov 1975

The Other Government, Daniel D. Polsby

Michigan Law Review

A Review of The Other Government by Mark J. Green


The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review Nov 1975

The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review

Michigan Law Review

In the United States, credit is indispensable to the improvement of one's economic status and life style. Its availability often dictates •the extent to which one has access to education, homeownership, entrepreneurship, and investment, and its unobtainability inhibits full participation in the activities and opportunities of American society. American women have long been systematically excluded from equal access to credit by lending institutions of all types and ·thus have been denied their rightful role in the economic life of the country. It is only recently, however, that the women's movement has begun to focus attention on credit discrimination ...


Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky Nov 1975

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under ...


British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund Nov 1975

British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund

Michigan Law Review

Early legislation may excite the condescending interest ·that Dr. Johnson directed toward a dog walking on its hind legs: "It is not done well; but you are surprised to find it done at all." British wildlife law, however, merits more respect. As long ago as the Middle Ages, man's appetite for meat endowed legislators with at least an ambling competence at wildlife management. Nor has the passage of time made their efforts wholly irrelevant. Early methods of controlling habitat, for example, may still be appropriate since historical change has not altered the needs of animals as it has those ...


An International Antitrust Primer, And Foreign Commerce And The Antitrust Laws, Terry Calvani Nov 1975

An International Antitrust Primer, And Foreign Commerce And The Antitrust Laws, Terry Calvani

Michigan Law Review

A Review of An International Antitrust Primer by Earl W. Kintner and Mark R. Joelson, and Foreign Commerce and the Antitrust Laws by Wilbur L. Fugate


Jurisprudence, Robert S. Summers Nov 1975

Jurisprudence, Robert S. Summers

Michigan Law Review

A Review of Jurisprudence by George C. Christie


October 24, 1975, University Of Michigan Law School Oct 1975

October 24, 1975, University Of Michigan Law School

Res Gestae

•Docket •Yellow Dog •Black Letter Life •Letters •Pirgim •Bishop •Personal Foul •LSSS •Dump Truck •Football Poll


October 17, 1975, University Of Michigan Law School Oct 1975

October 17, 1975, University Of Michigan Law School

Res Gestae

•Docket •Ex Libris •Placement News •Letters •LSSS •Pirgim •Appendix B •Personal Foul •Half of 1974's New Lawyers Enter Private Practice •Harvard dominates top corporate legal posts •Football Poll


October 10, 1975, University Of Michigan Law School Oct 1975

October 10, 1975, University Of Michigan Law School

Res Gestae

•Docket •Kamisar •Elect •Placement News •Black Letter Life •National Lawyers Guild Notice •Letters •Dump Truck •Life is a Sandwich and Every Day is Another Bite •LSSS •The Weekly Personal Foul •Reputation and Education •Football Poll


October 3, 1975, University Of Michigan Law School Oct 1975

October 3, 1975, University Of Michigan Law School

Res Gestae

•Docket •Notices •Letters •Dump Truck •Black Letter Life •Transcendental Meditation Program and the Legal Profession •Hypo •Jock •Elect •LSSS •Football Poll


September 26, 1975, University Of Michigan Law School Sep 1975

September 26, 1975, University Of Michigan Law School

Res Gestae

•Docket •J.F. •Client Counseling Competition •Black Letter Life •LSSS Minutes •Dump Truck •Letters •Foul •Football Poll


September 19, 1975, University Of Michigan Law School Sep 1975

September 19, 1975, University Of Michigan Law School

Res Gestae

•Docket •Kamisar •Horse •Memo •Letters •Notices •LSSS •Foreign •Exams •Dump •Black Letter Life •Foul •Law School Services Fund Program •Idle Thoughts •Untitled •Football Poll


September 12, 1975, University Of Michigan Law School Sep 1975

September 12, 1975, University Of Michigan Law School

Res Gestae

•Docket •What are We Doing Here? •LSSS •Placement News


September 5, 1975, University Of Michigan Law School Sep 1975

September 5, 1975, University Of Michigan Law School

Res Gestae

•Docket •Notices •Teddy •Bishop •NLG •Fiction •Dump •Relief •Treasurer's Report •BO


August 4, 1975, University Of Michigan Law School Aug 1975

August 4, 1975, University Of Michigan Law School

Res Gestae

•Work •Con Law •Summer Starters •President Ford Contemplates the Appointment of a Supreme Court Justice •"The Summer Starter Saturation Blues"


Ex Post Facto Limitations On Legislative Power, Michigan Law Review Aug 1975

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.


The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr. Aug 1975

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Michigan Law Review

This article will focus on the mechanics of the individualization process: the manner in which dispositional information is collected, the quality of the resulting data, and the methodologies employed for its communication to and assessment by correctional decision makers. This focus is important because another distinctive feature of the American criminal justice system is the severity of the sentences it imposes. Not only is the average length of sentences imposed on American offenders far in excess of that imposed in other Western nations, but there is considerable evidence that the average length of sentences has increased in direct response to ...


The Future Of Imprisonment, Ronald J. Allen Aug 1975

The Future Of Imprisonment, Ronald J. Allen

Michigan Law Review

A Review of The Future of Imprisonment by Normal Morris


Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham Aug 1975

Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham

Michigan Law Review

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although ...


Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review Aug 1975

Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review

Michigan Law Review

This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.