Law Commons^™

December 3, 1979, University Of Michigan Law School

Res Gestae

Placement Office Quiet But Still Busy •Income the "U" Can't Report: Faculty Moonlighting •Gag Orders - some things never change •Obiter Dictum's finals guide for the chronic gunner •Nights Managed Cheap is back •News and Notices - Registration Week! •Fillmore: Cy Vance & Dictators Faculty salaries are out •Machle's Musings -who said being on welfare couldn't be funny? •Res Gester •Norts Spews •Buttnose •Sports Poll •Law School Life •Docket •Getting in deeper - a construction report

Abandoning Bankruptcy Law's "Identity Of Interest" Exception, Michigan Law Review

Michigan Law Review

Section I of this Note discusses the goals and weaknesses of the identity of interest exception; Section II explains the advantages of consolidation and novation; and the final Section suggests a way to separate cases where novation is appropriate from those where consolidation is the preferred remedy.

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.

Judicial Competence And Fundamental Rights, Earl S. Maltz, Ira C. Lupu

Michigan Law Review

In the April 1979 issue of the Michigan Law Review, Professor Ira Lupu added his valuable contribution to the continuing debate on the problem of defining the nature of fundamental rights under the Constitution. In many respects his article is a wholly admirable piece of scholarship, both well-researched and carefully reasoned. However, on one issue - the question of judicial competence to identify the values he defines as fundamental - Professor Lupu's discussion is seriously deficient. This letter will examine the problem of judicial competence and conclude that it is fatal to Professor Lupu's conception of the appropriate role …

Survival Of Rights Of Action After Corporate Merger, Michigan Law Review

Michigan Law Review

Once a corporation ceases to exist, most courts permit neither primary nor derivative suits to be brought in its name. If a merger precipitates that corporate demise, courts usually hold that standing to sue, like other assets of the "merged" corporation, passes to the surviving corporation. This Note ponders the merit of that rule of passage.

Section I categorizes the cases defining the rule of passage. Some courts have steadfastly adhered to the rule and denied standing to the merged corporation's shareholders. Other courts, fearing that the rule would preclude meritorious actions, have created exceptions allowing these shareholders to sue …

State Control Over The Reclamation Waterhole: Reality Or Mirage, Michigan Law Review

Michigan Law Review

This Note assesses how much state law section 8 saves from preemption. Section I reviews the interplay of state and federal water law in the West. It begins with a brief description of appropriation, the system of water rights found in the Western states, outlines the Reclamation Act of 1902, and then traces the Supreme Court's evolving construction of the Act. It culminates in a discussion of California v. United States, the Court's latest gloss on section 8. Section II expands the analysis of the California decision, integrating it with traditional preemption doctrine. It shows that section 8 respects …

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Michigan Law Review

This Article probes the convoluted ameliorative provisions of the 1977 Amendments in three parts. Section I deals with delayed compliance orders - orders granted to stationary sources unable to meet the statutory deadlines for compliance. Section 113( d) is the fountainhead provision, and besides a general provision for delayed compliance, it also contains specific provisions for sources unable to comply due to retirement of present facilities, due to investment in innovative facilities with the promise of greater pollution reduction in the future or due to government orders to convert from cleaner fuels to coal.

Section II analyzes two specific relief …

November 19, 1979, University Of Michigan Law School

Res Gestae

•Big Apple to Pay Mega- $$ •Pooley, B.J., Concurring •Knauf on the move? •Obiter Dictum's Christmas Suggestions •Kramer v Kramer - Dustin Hoffman's a super dad •Gag Orders has the solution to law school frustrations •Millard Fillmore nukes Iran •Dresden State Orchestra reviewed •A report on last week's Women's Conference •Machle's Revenge, or Ralph Plotkin is alive and well in Ann Arbor •Portnoy loved Elizabeth I •Norts Spews •Nez de derriere •Sports Poll •News and Notices •Docket

November 12, 1979, University Of Michigan Law School

Res Gestae

•Saint Gives Pope Lecture •Michigan Bar Results~ 75.9% Pass July Test •Letters--Food in the Library •N.L.G. Conference Report •Obiter Dictum •Portnoy's & Counter Culture •Law School Life •Buttnose •Machle's Musings •News & Notices •Placement Notes •Norts Spews •Sports Poll •Docket

November 5, 1979, University Of Michigan Law School

Res Gestae

•International, Women/Law Conference Here This Weekend •Suit Helps 'Lost' Kids •Law School Life •Misty Beethoven: Epilogue •Buttnose becomes a gunner •Conference schedules of events •News & Notices •Norts Spews

The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review

Michigan Law Review

In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …

Alternative Models Of Ante-Mortem Probate And Procedural Due Process Limitations On Succession, Gregory S. Alexander, Albert M. Pearson

Michigan Law Review

In this Article, we shall challenge that assumption and propose a workable scheme of ante-mortem probate that both protects the testamentary plan against strike suits and preserves the confidentiality of the plan during the testator's lifetime. Section I reviews the conservatorship model as developed by Professor Langbein and identifies its objectionable features. In Section II, we address the general constitutional question of what property interests command due process protection. This context poses the constitutional problem narrowly, but our analysis has broad implications regarding constitutional notice requirements for any probate reform. Concluding in that Section that due process does not compel …

What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.

Michigan Law Review

Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …

October 29, 1979, University Of Michigan Law School

Res Gestae

•Lawyers Club to Sponsor Discussion Series •Halloween Issue •Misty Beethoven •Machle's Musings •Portnoy' s Cultural Corner returns •Law School Life •News and Notices •Nights Managed Cheap •Millard Fillmore takes on New Jersey •Norts Spews •Student Questionnaire: Academics •Obiter Dictum gongs Hollywood •Sports Poll •Docket

Vol. 28, No. 8, October 22, 1979, University Of Michigan Law School

Res Gestae

•'Economic' Cooleys to Begin Today •Three to Clerk for High Court •Misty Beethoven •First-year pre-finals warm-up •And the winners are… •Buttnose returns •Obiter Dictum goes to Hollywood •E.L.S. Report •Norts Spews •Sports Poll •Docket

Vol. 28, No. 7, October 15, 1979, University Of Michigan Law School

Res Gestae

•The Trial of Cornelia Kennedy •Misty Beethoven defended and attacked once again •Law News and Notices •LSSS Notes •Obiter Dictum returns •A potpourri of culture •Millard Fillmore goes job hunting •Machle's awards •Norts Spews •LSSS 1979-80 Budget •Sports Poll •Docket

Vol. 28, No. 6, October 8, 1979, University Of Michigan Law School

Res Gestae

•And Now for Something Completely Different •Prof. Francis Allen Honored by Yale •Letters to the Editor •WLSA Notes •Machle's Musings •Winners in Equity •ELS Projects •L.S.S.S. Notes •Law School News and Notices •E.L.S. Student Report •Norts Spews •Docket •Classifieds

On Becoming A Lawyer: Some Challenges For The Future, Harry T. Edwards

University of Michigan Journal of Law Reform

This is probably the most difficult speech that I have ever had to make. I know this because I have agonized for weeks over it, pondering themes, writing and then discarding drafts, and occasionally rejecting the entire project as a fruitless endeavor. No doubt, some of you have experienced what I have been feeling when you have tried to put words to paper on a final exam, independent research project, or law review note. Nevertheless, my own reluctance to complete this task was baffling to me; after all, during the past decade, I have given well over fifty formal speeches …

The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner

University of Michigan Journal of Law Reform

This article will review the factors leading to the Miller decision and the legislative response to that decision. Part I will examine the bank customer's expectation of privacy and the way Miller affects this expectation. Part II will discuss the congressional response to Miller and the competing interests which led to the Right to Financial Privacy Act. The Act itself will be discussed in detail in Part III. Part IV will evaluate the Act, and offer recommendations for reform. The article concludes that the Act, by adopting a purely procedural approach, fails to provide adequate protection to bank customers.

Regulation Of Indecency In Political Broadcasting, Jonathan Golomb

University of Michigan Journal of Law Reform

The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …

Disposition Of A Federal Criminal Case When Defendant Dies Pending Appeal, Lori R. Dickerman

University of Michigan Journal of Law Reform

This article discusses the way in which courts historically have disposed of such cases and the apparent change recently introduced by the United States Supreme Court. After an examination of the ramifications of the new and old rules, certain changes in current practice are recommended which will better serve the interests of the deceased, his survivors, and society as a whole.

Corruption And The Foreign Corrupt Practices Act Of 1977, Fredric Bryan Lesser

University of Michigan Journal of Law Reform

This article first discusses the business activities and competing interests which prompted congressional action. Part II analyzes the FCPA and attempts to solve the ambiguities inherent in the criminalization provisions, thereby clarifying which activities are proscribed by the FCPA and what is meant by the Act's corruption requirement. Finally, Part III examines the possibilities for multinational agreements prohibiting bribery.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Parental Notification As A Prerequisite For Minors' Access To Contraceptives: A Behavioral And Legal Analysis, Michael N. Finger

University of Michigan Journal of Law Reform

This article examines whether the constitutional right of parents to determine what is best for their children prevents the state from permitting minors access to contraceptives without notifying their parents. Part I examines the effect of the presence or absence of a notice requirement upon the interests of parents, minors, and the state. Part II reviews the development of the constitutional right of privacy and the impact of parental rights and state interests on the extension of privacy rights to minors. Part III considers the manner in which the interests of minors, parents, and the state should be balanced. The …

Vol. 28, No. 5, October 1, 1979, University Of Michigan Law School

Res Gestae

•Lacos is not Deserting the Law School •Memo to Spark Curriculum Discussion •To the Editor •Gag Orders •Millard Fillmore's Ghost •Machle's Musings •Law School Life •Norts Spews •Let's Hear from Women •Not just girl talk at Tuesday Lunches •Sports Poll •Scramble-Rescramble •Law School News and Notices •L.S.S.S. Notes •Election •Campaign Statements •Nights Managed, Cheap •Docket

Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman

University of Michigan Journal of Law Reform

The FCC's new interpretation of section 315(a) in the Aspen ruling greatly reduced its inhibitory effect on broadcasters. The ruling, however, has created further interpretive problems regarding the broadcast debate format, and has not completely resolved the more general problem of giving the electorate greater and more direct exposure to candidates during campaigns through programming that forces candidates to confront each other on the major issues. This article will discuss the. background of section 315(a), then explain each of its exemptions. Finally, it will propose possible reforms in the area of political broadcasting in light of the Aspen ruling.

Vol. 28, No. 4, September 24, 1979, University Of Michigan Law School

Res Gestae

Surprise- There's a Library Growing Down There •Introducing M.S.A. •Copy Center $'s •Gag Orders •ELS Projects •Obiter Dictum •Law School News and Notices •Nights Managed, Cheap •Machle's Musings •Sports Poll •Norts Spews •Docket •Classifieds

Vol. 28, No. 3, September 17, 1979, University Of Michigan Law School

Res Gestae

•Tax Breaks for Law Students? •Be a Juror- •WLSA •Visiting Lawyers to Discuss Specialties •Law School News and Notices •Gag Orders •Legal Aid •Portnoy's Cultural Corner •ELS Projects •Student Funded Fellowship •Scramble-Rescramble •Sports Poll •L.S.S.S. Notes •Millard Fillmore's Ghost •LEXIS •Nights Managed, Cheap •Machle's Musings •Docket •Classifieds

Vol. 28, No. 2, September 10, 1979, University Of Michigan Law School

Res Gestae

•Professor Edwards to Go to D.C. Cir. •Lawyers Club is Vandalized •Truth-in-Renting Law •Letter from the Editor •Nights Managed, Cheap •Crossword •Attention: Debaters •Law School News and Notices •L.S.S.S. Notes •Cultural Corner •LEXIS •Machle's Musings •Norts Spews •LSSS Election •S.L.S. •Docket •Classifieds

Vol. 28, No. 1, September 4, 1979, University Of Michigan Law School

Res Gestae

•It's Not Just the Same Old "Club"! •Machle's Musings •L.S.S.S. Notes •Docket •Classifieds •Sports Poll •Social Committee Notes •WLSA Notes