Law Commons^™

December 4, 1978, University Of Michigan Law School

Res Gestae

•A Dirty Story •Classes Honor Wright's 61st •Professorships Announced •Faculty to Examine EEC Courts •SFF •Portnoy's Cultural Corner •Al's Sports Corner •IM Scoreboard •Sports Calendar •Law Quad Origins: Epilogue •P/F - Yes or No? •One Night Stand •LSSS Notes •Commentaries •Machle's Musings •Docket

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …

Fornication, Cohabitation, And The Constitution, Michigan Law Review

Michigan Law Review

This Note begins with the indisputable assumption that laws prohibiting fornication and cohabitation are nowhere explioitly forbidden by the Constitution. If a right to engage in consensual adult heterosexual activity exists, it will most convincingly be inferred from the Court's cases establishing a right of "privacy." The Note first seeks to discover an adequate definition of privacy which might lead to a decision whether "privacy" encompasses the right .to fornicate or cohabit (a right which, for brevity's sake, we will somewhat imprecisely call the right to, sexual privacy), but it finds no such definition. The Note therefore proceeds to investigate …

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

November 13, 1978, University Of Michigan Law School

Res Gestae

•Leary On (of) New Library •Edwards- Bakke & Employment •Senior Day •Tentative Floor Diagrams for the New Underground Library •Machle's Musings •Alternative Placement Conference •Law Quad Origins: Part 3 •Misty Makes Money •Ask the Dr. •Bridge Problem •Classifieds •Portnoy's Cultural Corner •LSSS Notes •Al's Sports Corner •IM Scoreboard •Sports Calendar •Sports Poll •Docket

November, 6, 1978, University Of Michigan Law School

Res Gestae

•Antidumping Conference Successful •From the Editor •Essay Contest •Letter to the Law School Community •To the Editor •Law Quad Origins: Part 2 •How Undergrads Categorize Law Students •Counter Culture •Nights Managed, Cheap •Al's Sports Corner •Sports Calendar •IM Scoreboard •Sports Poll •Alternative Placement Conference •Exam Jitters? •Classifieds •Docket •LSSS Notes

Running Covenants And Public Policy, Olin L. Browder

Michigan Law Review

When first encountering covenants running with the land, one may react against the very idea. Why should any person be able to enforce a promise not made to him or be bound by a promise he did not make? Modern contract law, particularly the rules about the assignment of contract rights and the rights of third-party beneficiaries, may answer the first question, but does not explain how anyone can be bound by a promise neither expressly nor impliedly made or consented to by him.

On the other hand, persons_ familiar with easements, liens, or mortgages understand that land ownership can …

George Palmer, Luke K. Cooperrider

Michigan Law Review

A Tribute to George Palmer

Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad

Michigan Law Review

In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …

Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman

Michigan Law Review

This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …

George Palmer, Terrance Sandalow

Articles

I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy, generally …

George Palmer, John P. Dawson

Michigan Law Review

A Tribute to George Palmer

A Bibliography Of The Published Works Of George Ellis Palmer, Michigan Law Review

Michigan Law Review

A Bibliography of the Published Works of George Ellis Palmer

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

The Conservatorship Model: A Modification, Gregory S. Alexander

Michigan Law Review

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support · and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

October 23, 1978, University Of Michigan Law School

Res Gestae

•WLSA Alumnae Hold Conference •Pepe Says Clinic "OK" •Ask the Dr. •Diapers & Deans- Toddlers & Torts •Nazis & Skokie •Anti-Dumping Symposium •White Denies Rumored Construction Botching •LSSS Creates New Committee •Committee of Visitors Invades •LSSS •Comment: Tisch •Al's Sports Corner •Sports Poll •IM Scoreboard •Bird's Eye View •Nights Managed, Cheap! •Calendar •Halloween Party •Docket

October 16, 1978, University Of Michigan Law School

Res Gestae

•Plant to Resign Big 10 Post •Dean Shapes School's Future •Yearbook Scuttled •Portnoy's Cultural Corner •Bird's Eye View •Law Quad Origins: a prelude •Final Budget 1978-79 Approved by LSSS 10/10/78 •Sports Poll •Nights Managed Cheap •Al's Sports Corner •Sports Calendar •IM Scoreboard •Bridge Problem •ACLU Seeks Student Aid •LSSS Notes •Classifieds •Docket

October 9, 1978, University Of Michigan Law School

Res Gestae

•Garry Wills to Deliver Cook Lectures •Tuesday Run Off Complicates LSSS Election •Allan Smith Appointed Interim U. Prez •Ethics Lectures Announced •Portnoy's Cultural Corner •Bird's Eye View •Commentaries •Steve Fetter's Day Old Bread Annobüch •Al's Sports Corner •Sports Calendar •IM Scoreboard •Sports Poll •Placement Notes •Docket •Classifieds

October 2, 1978, University Of Michigan Law School

Res Gestae

•Prepaid Legal Plan Starts at U-M •LSSS Election •From the Editor •Larcenist Hits Carrels •Bird's Eye View •Al's Sports Corner •Commentaries •Sports Calendar •Portnoy's Cultural Corner •1st-Years Vote •Sports Poll •Nights Managed Cheap •Placement Notes •Classifieds •Docket

Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye

University of Michigan Journal of Law Reform

As a result of public criticism and increasingly strained relations between diplomatic communities and local communities, Congress recently enacted legislation that dramatically changes United States diplomatic immunity law. This legislation eliminates the complete immunity from criminal and civil law proceedings that was afforded most foreign diplomats and their staffs, and establishes the rules of the Vienna Convention on Diplomatic Relations as the measure of diplomatic immunity in the United States. This article will examine the theoretical justification for diplomatic immunity and its application in the United States. The manner in which the recently enacted legislation alters United States diplomatic immunity …

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

The Right To Counsel In Police Interrogation Cases: Miranda And Williams, Mitchell Leibson Chyette

University of Michigan Journal of Law Reform

This article will consider some of the theoretical and practical ramifications of the Williams decision and compare its protections to the protections offered by Miranda. The article, focussing on the right to counsel, discusses the nature of the police conduct which is prohibited by each decision, the time at which the protections involved become effective, and the standard by which a waiver of the rights will be measured. The article concludes that there may be significant differences in the application of the two cases and that a uniform rule based on the sixth amendment may be superior to the …

The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic

University of Michigan Journal of Law Reform

This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.

Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin

University of Michigan Journal of Law Reform

The purpose of this article is to analyze the opinions in Primus and Ohralik, to delineate the scope of permissible state regulation in the wake of those two decisions, and to recommend specific changes in existing state solicitation rules. Part I examines the general nature of attorney solicitation law - by whom it is made and how it is enforced. Part II describes the statutory and constitutional aspects of solicitation law prior to Primus and Ohralik. Part III discusses the Court's holdings in Primus and Ohralik, and the changes in current statutory schemes required by the two …

Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy

University of Michigan Journal of Law Reform

In Mueller v. Nugent, decided shortly after the enactment of the Bankruptcy Act of 1898, the United States Supreme Court declared that a petition in bankruptcy is "a caveat to all the world, and in effect an attachment and injunction." This judicial gloss, much quoted and applied since, was an early recognition that a stay of creditors from collecting their claims against the debtor and his property from and after the filing of a petition under the Bankruptcy Act is indispensable to bankruptcy administration. Unless the creditors are stayed, the debtor's estate will be dismembered and the objective of equality …

September 25, 1978, University Of Michigan Law School

Res Gestae

•State Project Examines Felony Sentences •Mini-Marathon •Steve Fetter's Day Old Bread •LSSS Notes •Portnoy's Cultural Corner •From the Night Manager •Fifty-Four Run in Mini-Marathon •Political Commentary •Al's Sports Corner •Bird's Eye View •Sports Poll •Classifieds •Docket

September 18, 1978, University Of Michigan Law School

Res Gestae

•Winds of Change for Case Clubs •FLS to Go Under? •Ask the Dr. •Commentaries •S.F.F. •M.S.A. •Mooters Meet •Al's Sports Corner •Sports Poll •Portnoy's Cultural Corner •L.S.S.S. Notes •From the Night Manager •Residents and Nonresidents •Docket

September 11, 1978, University Of Michigan Law School

Res Gestae

•Joy of Sax •Student & Student-Faculty Committee Vacancies •Clinical Program in International Law •LSSS Notes •From the Night Manager •Residents •Part Time Position Available •Food Service Jobs Available •Commentaries •Flow Sports •Docket •National Lawyer Guild Meeting

September 5, 1978, University Of Michigan Law School

Res Gestae

•Res Gestae Organizational Meeting •Placement •In Memoriam •From the Night Manager •Al's Sports Corner •Legal Aid Society Organizational Meeting •Notice •Annual International Law Society Sangria Party •Social Committee Meeting •Jobs in New York