State and Local Government Law Commons^™

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …

Marital Agreements In Contemplation Of Divorce, Barbara Klarman

University of Michigan Journal of Law Reform

Romantic notions that marriage is forever are beginning to give way to the more realistic assessments that marriages indeed may not last. The pressure has been mounting for ways to provide economic planning to parties in the relatively likely event that their marriages terminate in divorce. The purpose of this article is to focus on one method of obtaining such planning: the marital agreement setting forth the support and property distribution which the parties would follow in the event of divorce. This article will review the law regarding marital agreements in contemplation of divorce as it exists in the United …

Legislative Notes: The Economic Impact Disclosure Act, William F. Flynn

University of Michigan Journal of Law Reform

While the traditional concern with agency discretion is that agency decision-making will be biased in favor of the regulated industries, agencies are also criticized for failing to investigate the impact of their policies on the regulated client and the resulting cost to consumers. This failure prevents the agency from responding adequately to the legitimate interests of either the business community or consumers. This note examines a recently developed procedure designed to improve the agency decisionmaking process by requiring economic prediction of the effect which agency activities will have prior to agency action.

In particular, this note examines three issues. Part …

State Legislative Responses To The Arab Boycott Of Israel, Maurice Portley

University of Michigan Journal of Law Reform

The Arab boycott of Israel confronts the American business community with difficult ethical and political decisions. Six states, led by New York, have quietly enacted anti boycott laws designed to prevent economic trade opportunities with the Middle East from encouraging discrimination within their borders. The laws seek to prohibit the discriminatory effects of the boycott, which indicates that the Arab-Israeli conflict is not limited to military weapons or confined to the nations of the Middle East. More importantly, the states' responses signal a growing awareness that the federal government is unwilling to handle the complex moral, political, economic, and legal …

Legislative Notes: Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach

University of Michigan Journal of Law Reform

A great deal has been said and written about the need for meaningful reclamation requirements for the surface mining of coal. Nonetheless, little attention has been given to the large quantity of land disturbed by mining for other minerals. Thirty-eight states have laws dealing directly with reclamation from a wide variety of mining operations . For purposes of this note, reclamation refers to those measures taken concurrently with or after the mining operation to reduce or repair the adverse effects of the operation on disrupted land . Environmental management is a much broader term which encompasses the full range of …