Law Commons^™

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Michigan Law Review

This Note examines these three possible interpretations of which job characteristics a court must examine when determining the validity of a BFOQ defense to an ADEA suit and concludes that the Eighth Circuit's standard is correct. Because disputes over which interpretation is proper arise almost exclusively in cases involving public safety occupations, this Note discusses the standards for measuring that scope within the framework of the policy considerations associated with public safety. Part I of this Note discusses the three current standards used to determine the scope of the BFOQ defense. Part II illuminates the problems inherent in having three …

Dedication

Florida State University Law Review

No abstract provided.

The State Of The Florida Legislature, Alan B. Rosenthal

Florida State University Law Review

No abstract provided.

Why Florida's Tax Revenues Go Boom Or Bust, And Why We Can't Afford It Anymore, James A. Zingale, Thomas R. Davies

Florida State University Law Review

No abstract provided.

Broadening The Sales Tax Base: Answering One Question Leads To Others, Robert A. Pierce, Carol D. Peacock

Florida State University Law Review

No abstract provided.

Florida's Tort Reform: Response To A Persistent Problem, Pamela Burch Fort, Theodore G. Granger, Ricky L. Polston, Sheri L. Wilkes

Florida State University Law Review

No abstract provided.

Availability, Affordability, And Accountability: Regulatory Reform Of Insurance, Leonard Schulte

Florida State University Law Review

No abstract provided.

Impact Of The Information Age On Access And Dissemination Of Government Information In Florida, Patrick L. Imhof, Edwin A. Levine

Florida State University Law Review

No abstract provided.

Narrowing The Gap: The Progress Toward Equity, Richard Kirschner, Martha Walfoort

Florida State University Law Review

No abstract provided.

Should Parents Be Notified Of Their Minor Daughter's Abortion? A Pregnant Question For Florida Legislators, Charlotte E. Parsons

Florida State University Law Review

No abstract provided.

Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss

University of Michigan Journal of Law Reform

County of Washington v. Gunther was decided by the Supreme Court over five years ago. In that case, the Court, resolving a conflict among the circuits, ruled that sex-based wage discrimination claims could proceed under Title VII of the Civil Rights Act of 1964 without regard to the limiting "equal work" standard of the Equal Pay Act. Following this decision, it was generally assumed that the courts would become the major forum for redressing sex-based wage discrimination. The anticipated litigation explosion never took place. Few wage discrimination suits have been filed, and even fewer have been successful. What progress has …

Review Of Florida Legislation, The Editors

Florida State University Law Review

No abstract provided.

A Response To The Problem Of Elder Abuse: Florida's Revised Adult Protective Services Act, Christine A. Metcalf

Florida State University Law Review

No abstract provided.

Apart From The Crowd: Florida's New Prison Release System, Mark Dykstra

Florida State University Law Review

No abstract provided.

Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner

University of Michigan Journal of Law Reform

To watch the evolution of Title VIP is to watch the gradual constricting of a law that many had heralded as a tool of social change for women. Its passage represented a statement that the so-called free market had not worked for women. Women were denied access to higher paying and high-status positions. Even when a job was integrated, women's work was undervalued and their wages frequently depressed. With the passage of Title VII came the hope that the law would do what the market could not-break the cycle of discrimination.

Sex discrimination, in contrast with other forms of discrimination, …

The Florida Election Campaign Financing Act: A Bold Approach To Public Financing Of Elections, Chris Haughee

Florida State University Law Review

No abstract provided.

The Making Of The 1986 Florida Safety Belt Law: Issues And Insight, John G. Van Laningham

Florida State University Law Review

No abstract provided.

Florida's New "Income" Tax, Joseph W. Jacobs

Florida State University Law Review

No abstract provided.

Extended Voluntary Departure: Limiting The Attorney General's Discretion In Immigration Matters, Lynda J. Oswald

Michigan Law Review

Fifteen times in the past quarter-century, the Attorney General has decreed that aliens of certain nationalities could temporarily remain in the United States regardless of their visa status. Government officials have characterized these grants of blanket extended voluntary departure (EVD) as a means of protecting aliens from life-threatening conditions in their homelands. The Attorney General's actions were apparently undertaken for humanitarian reasons and went largely unnoticed by the public.

Part I of this Note defines EVD and distinguishes it from related forms of deportation relief. Part II describes the Employees Union court's holding. The evolution of American perceptions of immigration …

A New Approach To Review Of Nepa Findings Of No Significant Impact, Geoffrey Garver

Michigan Law Review

This Note examines the confused array of judicial approaches for reviewing agency findings of no significant environmental impact and proposes a standardized, comprehensive approach that ensures compliance with both the procedural and substantive aspects of NEPA. Part I reviews agency procedures mandated by NEPA which ensure that agencies develop a detailed record for judicial scrutiny and constitute the legal basis against which to check agency threshold decisions. Part II examines the conflicting approaches of the lower courts, emphasizing their reliance on Supreme Court decisions, their characterization of the threshold decision as legal or factual, and the burden of proof each …

Beyond Bradley: A Critique Of Comparative Contribution In West Virginia And Proposals For Legislative Reform, James B. Stoneking

West Virginia Law Review

No abstract provided.

18 U.S.C. § 3501 And The Admissibility Of Confessions Obtained During Unnecessary Prearraignment Delay, Matthew W. Frank

Michigan Law Review

Part I thus argues that the admissibility of post-sixth-hour confessions is governed by Mallory, under which a voluntary confession is inadmissible if, but only if, it follows a period of unnecessary delay. Part II addresses a possible objection to this conclusion - namely, that, with limited exceptions, subsection 350l(c) renders all post-sixth hour confessions inadmissible without regard to the reasonableness of the prearraignment delay. This interpretation is derived by negative implication from the proviso in subsection 350l(c) and would require courts to suppress confessions even though there has been no unnecessary delay, and even though the confessions would be …

Employer Postcertification Polls To Determine Union Support, James D. Dasso

Michigan Law Review

This Note evaluates these competing standards in light of the two major policy objectives of the NLRA: industrial stability and employee free choice. It concludes that the courts of appeals properly apply a less stringent standard. Part I considers employer polling in the larger context of the general law of employer interrogation. This section concludes that the Board's standard for postcertification polling deviates significantly from the general law of employer interrogation as well as the more specific rules established for precertification polling. The remainder of this Note demonstrates that the Board's distinctions between pre- and postcertification polling do not justify …

Civil Rico Under Fire: Will White Collar Criminals Be Exempted?, Mark P. Cohen

Antioch Law Journal

On October 3, 1985, representatives of a coalition of over twenty public interest and consumer groups' marched in front of the Washington, D.C. law offices of Wilmer, Cutler & Pickering 2 holding aloft a banner reading "Corporate Criminals Must Pay" and chanting "Put your clients away, let RICO stay." Wilmer, Cutler & Pickering was singled out as the spearhead of the business lobby seeking, in the coalition's view, to vitiate the effective civil provisions of the "Racketeer Influenced and Corrupt Organizations Act" ("RICO"),3 in particular, its treble damage remedy. The goal of RICO, set out in the "Statement of Findings …

Nuclear Whistleblower Protection And The Scope Of Protected Activity Under Section 210 Of The Energy Reorganization Act, Stephen M. Kohn, Thomas Carpenter

Antioch Law Journal

In 1978 Congress amended the Energy Reorganization Act in order to protect whistleblowers - employees who disclose potential violations of nuclear health and safety laws - from retaliation by their employers. 1 Since passage of the nuclear whistleblower protection amendment, the circuit courts of appeals are divided over the issue of what constitutes protected activity.The U.S. Court of Appeals for the Fifth Circuit held in 1984 that an employee must contact a "competent organ of government" to be protected. 2 The U.S. Courts of Appeals for the Ninth and Tenth Circuits have disagreed, and have held that employees who disclose …

An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn

Antioch Law Journal

The protection of employee whistleblowers is a controversial and developing area within employment discrimination law. There is no comprehensive law which prohibits employers from retaliating against employees who disclose potential corporate or governmental violations of law, or practices which may violate environmental standards or threaten the health and safety of employees and the public. Instead, over the past twenty-five years there has been a steady growth in common law and specific statutory protections for employee whistleblowers. This article is an introduction to the major statutory and common law provisions which concern whistleblower protection. It is not intended to present a …

Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein

Antioch Law Journal

This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …

The Dilution Of The Clean Water Act, Mark C. Van Putten, Bradley D. Jackson

University of Michigan Journal of Law Reform

This Article argues that the zero discharge goal of the Clean Water Act is more than naive rhetoric. To the contrary, it is the Act's raison d'être, and it is woven into the fabric of the Act's operative provisions. So understood, the zero discharge goal can and should provide continuing guidance for EPA's implementation of the Act.

At-Large Elections And Vote Dilution: An Empirical Study, Richard A. Walawender

University of Michigan Journal of Law Reform

The 1982 amendments to the Act, however, have remained a subject of controversy. Opponents of the Act misperceive municipal at-large electoral systems, believing they provide as much minority representation as single-member district systems. This Note addresses that misperception with data showing that at large schemes provide significantly less minority representation than other schemes. The various standards used by federal courts in reviewing the constitutionality of at-large election systems are outlined in Part I. Part II sets forth an analysis of Congress's response to the judicial ambivalence toward at-large elections- the 1982 amendments to section 2 of the Voting Rights Act. …