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Reaffirming The Freedom Of The Press: Another Look At Miami Herald Publishing Co. V. Tornillo, Michigan Law Review
Reaffirming The Freedom Of The Press: Another Look At Miami Herald Publishing Co. V. Tornillo, Michigan Law Review
Michigan Law Review
This note does not take issue with the result of the decision. Rather, the argument herein is that the access theory deserves more complete consideration. The Court used first amendment precedents to strike down the reply statute without exploring whether the rationale behind these precedents mandated such a result. In an effort to justify more fully the Court's conclusion, this note will first present the underlying rationale of the pro-access argument. It will then analyze the constitutionality of statutes that would implement a right of access. Finally, the note will discuss several practical difficulties that access legislation would present.
The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review
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 …
United States V. Falstaff Brewing Corporation: Potential Competition Re-Examined, Michigan Law Review
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.
Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano
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 …
Sayler Land Co. V. Tulare Lake Basin Water Storage District: Opening The Floodgates In Local Special Government Elections, Michigan Law Review
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 …
Boraas V. Village Of Belle Terre: The New, New Equal Protection, Michigan Law Review
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 …