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Articles 31 - 46 of 46

Full-Text Articles in Law

Aba Approval Of Law Schools: Standards, Procedures, And The Future Of Legal Education, Michigan Law Review Apr 1974

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 Apr 1974

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 Tax Recommendations Of The Commission On The Bankruptcy Laws--Income Tax Liabilities Of The Estate And The Debtor, William T. Plumb Jr. Apr 1974

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 …


Voucher Systems Of Public Education After Nyquist And Sloan: Can A Constitutional System Be Devised?, Michigan Law Review Mar 1974

Voucher Systems Of Public Education After Nyquist And Sloan: Can A Constitutional System Be Devised?, Michigan Law Review

Michigan Law Review

Criticism of the present system of American elementary and secondary education has rekindled interest in the idea, first proposed by Adam Smith, of providing parents with vouchers to purchase their children's education. The basic elements of a voucher plan are simple. Parents are given vouchers worth roughly the per pupil cost of education in their city. These vouchers can be used to purchase education at any public or private school that meets the accreditation requirements imposed by the state. Such a system would increase the ability of parents and children to choose among various options in the education market, a …


Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr. Mar 1974

Roman Canon Law In The Medieval English Church: Stubbs Vs. Maitland Re-Examined After 75 Years In The Light Of Some Records From The Church Courts, Charles Donahue Jr.

Michigan Law Review

The Right Reverend William Stubbs, D.D. (1825-1901), was the Anglican Bishop of Oxford, sometime Regius Professor of Modern History at Oxford, and a scholar of considerable repute. His Constitutional History of England was, until quite recently, the standard work in the field, and his editions of texts for the Rolls Series leave no doubt that he spent long hours ·with basic source material. Frederic William Maitland, M.A. (1850-1906), was an agnostic, the Downing Professor of the Laws of England at Cambridge, and a scholar whose reputation during his life was perhaps not so wide as Stubbs' but whose work commanded …


Sayler Land Co. V. Tulare Lake Basin Water Storage District: Opening The Floodgates In Local Special Government Elections, Michigan Law Review Mar 1974

Sayler Land Co. V. Tulare Lake Basin Water Storage District: Opening The Floodgates In Local Special Government Elections, Michigan Law Review

Michigan Law Review

In judicial review of the constitutionality of representational structures at the local governmental level, each citizen's constitutional right to equal representation must be reconciled with the need for flexibility in designing local structures. Last term, in Salyer Land Co. v. Tulare Lake Basin Water Storage District, the Supreme Court faced this problem in the context of a water storage district. It upheld a statute that both restricted the franchise in the election of district directors to district landowners and allocated votes on the basis of the assessed value of the land owned by each voter. This Note will first …


United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review Mar 1974

United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review

Michigan Law Review

This Note will examine and criticize the perceived potential competition doctrine suggested by the Court. Then, it will discuss the questions raised in the concurrences concerning the use of subjective evidence and the role of incipient competitive effects. Finally, an alternative approach that focuses on the acquisition of or the possibility of acquiring small, "toehold" firms will be proposed.


The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review Mar 1974

The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review

Michigan Law Review

In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …


Law Of The Poor, Neil M. Levy Mar 1974

Law Of The Poor, Neil M. Levy

Michigan Law Review

A Review of Law of the Poor by Arthur B. La France, Milton R. Schroeder, Robert W. Bennett, and William E. Boyd


Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano Mar 1974

Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano

Michigan Law Review

Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental …


Boraas V. Village Of Belle Terre: The New, New Equal Protection, Michigan Law Review Jan 1974

Boraas V. Village Of Belle Terre: The New, New Equal Protection, Michigan Law Review

Michigan Law Review

In Boraas v. Village of Belle Terre a group of unrelated college students who rented a home in Belle Terre challenged a zoning ordinance that limited home occupancy to persons related by blood, marriage, or adoption. The Court of Appeals for the Second Circuit, finding for the students, decided the case using a novel equal protection theory, and the Supreme Court reversed. This Note deals with the theory adopted by the Second Circuit, its sources, and its future in light of the subsequent Supreme Court opinion in San Antonio Independent School District v. Rodriguez and the Supreme Court's analysis of …


Insider Liability For Short-Swing Profits: The Substance And Function Of The Pragmatic Approach, Michigan Law Review Jan 1974

Insider Liability For Short-Swing Profits: The Substance And Function Of The Pragmatic Approach, Michigan Law Review

Michigan Law Review

This Note will discuss the inquiries encompassed by the "possibility of abuse" test. It will also evaluate whether the test is properly employed only in determining that an unorthodox transaction is or is not a "purchase" or "sale" or whether the test could better be used as a threshold inquiry in all cases.


Intrastate Offerings Under Rule 147, J. William Hicks Jan 1974

Intrastate Offerings Under Rule 147, J. William Hicks

Michigan Law Review

In an effort to publicize administrative and judicial interpretations of the exemption, to protect investors, and to provide more certainty in determining the parameters of section 3(a)(ll), the SEC has adopted rule 147. This Article, in three parts, will examine that rule. Part I is devoted to an explanation of the rule; it will indicate how the rule differs from earlier interpretations of section 3(a)(ll) and discuss the problems that the rule leaves unanswered. Part II will consider the interrelationships among the various sections of the rule, as well as interpretative issues that have not yet arisen under section 3(a)(ll). …


The Rising Tide Of Reverse Flow: Would A Legislative Breakwater Violate U.S. Treaty Commitments?, Michigan Law Review Jan 1974

The Rising Tide Of Reverse Flow: Would A Legislative Breakwater Violate U.S. Treaty Commitments?, Michigan Law Review

Michigan Law Review

Up to the present the United States has imposed few restrictions on foreign direct investment. It has never enacted any limitations as sweeping as those proposed by the Dent-Gaydos bill. This Note will briefly discuss the need for such restrictions and then examine the extent to which a reversal in policy is permitted by existing U.S. treaty obligations.


The Politics Of Federal Judicial Administration, Paul D. Carrington Jan 1974

The Politics Of Federal Judicial Administration, Paul D. Carrington

Michigan Law Review

A Review of The Politics of Federal Judicial Administration by Peter Graham Fish


Patents And Antitrust Law, Merrill N. Johnson Jan 1974

Patents And Antitrust Law, Merrill N. Johnson

Michigan Law Review

A Review of Patents and Antitrust Law by Ward S. Bowman, Jr.