Digital Commons Network^™

Has The 1976 Tax Reform Act Injected A Gain-Seeking Requirement Into Section 166?, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Shaffer V. Heitner: A New Attitude Toward State Court Jurisdiction, Paul George

Faculty Scholarship

Mr. Justice Frankfurter's observation is equally suited to the overruling of the century-old case, Pennoyer v. Neff, by the recent decision in Shaffer v. Heitner Shaffer ended not only Pennoyer's reign, but also a jurisdictional perspective which rested on the distinction between in personam and in rem jurisdiction and the concept of a state's sovereignty over property within its borders. The basis of the Pennoyer doctrine was the concept that a state had authority over all persons and property within its territory, and no authority whatsoever outside its territorial limits. Modifying previous theory slightly, Pennoyer became the …

Radiation From Nuclear Power Plants: The Need For Congressional Directives, Michael S. Baram

Faculty Scholarship

Congress often responds to a complex problem by empowering an independent regulatory agency to enforce its legislative will. Acknowledging its own lack of knowledge and time, Congress gives the agency a measure of freedom to modify the legal requirements to fit a variety of circumstances that the legislature could not foresee. Ordinarily Congress restrains this autonomy by prescribing general criteria that the agency must consider and objectives that must be met.' These provisions enable Congress to measure the agency's progress and make necessary changes in the law. In addition, competition from other bureaus forces the agency to act vigorously or …

Javorek V. Larson: Insurer's Obligation To Defend And Indemnify Insufficient To Establish Jurisdiction--Seider Sours In California, James P. George

Faculty Scholarship

With its recent decision in Javorek v. Larson, the California Supreme Court has joined the growing number of states which have rejected the exercise of jurisdiction based upon the quasi in rem attachment of automobile liability insurance policies. This particular jurisdictional basis was first recognized in the New York case of Seider v. Roth, where the insurer's obligation to defend and indemnify the insured was found to be an attachable debt, yielding jurisdiction to the plaintiff's home state of New York, even though the defendant was a Canadian resident and the accident occurred in Vermont. The only …

Surface Water Flooding In Urban Areas: Rights And Remedies Under The Common-Enemy Doctrine, James P. George

Faculty Scholarship

Urban flooding is an ever increasing problem as land development intensifies in expanding metropolitan areas. This situation not only has a significant impact on the physical environment, but has substantial legal consequences as well. In urban flooding situations, rivers and streams pose obvious flood threats, but the damaged area is generally restricted to a definable flood plain. Surface water presents a more subtle and pervasive problem; with heavy rainfall or poor drainage, surface runoff can submerge land not ordinarily considered subject to flood damage, further increasing riparian problems as the concentrated runoff finds its way to streams and rivers. Although …

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Allocation Of Artificial Hearts In The Year 2002: Minerva V. National Health Agency, George J. Annas

Faculty Scholarship

The rapid growth of medical technology gives rise to difficult dilemmas concerning the appropriateness of, and access to, new equipment and devices capable of maintaining life or improving its quality. Such a dilemma already exists, for example, with regard to kidney dialysis machines. In 1972, Congress amended the Social Security Act to make such machines available under Medicare to all who needed them. But almost immediately the overwhelming cost of such equipment-in the billions of dollars-made the original appropriations totally inadequate, and prompted serious questions of whether access to kidney dialysis should be made available at public expense-and, if so, …

The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky

Faculty Scholarship

No abstract provided.

Justice Tobriner: Portrait Of The Judge As An Artist, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens

Faculty Scholarship

This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Faculty Scholarship

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

1. French National Spouse v. Foreign National Spouse
2. The Validity of a Prior Foreign Divorce Decree
3. Foreign National Spouses With Immigrant Status in France
4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and …

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Faculty Scholarship

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …

The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau

Faculty Scholarship

On January 7, 1977, Abu Daoud entered France as a member of an official delegation sent to Paris by the Palestinian Liberation Organization (PLO). A day or so later, French police detained an then arrested him at the request of the West German and Israeli Governments. Offficials of both governments announced forthcoming requests for his extradition as a suspected organizer of the 1972 Munich Olympics massacre. This chain of events set the stage for the most recent case illustrating the political and legal obstacles which mitigate against the extradition and eventual prosecution and punishment of alleged transnational terrorists.

Scientific Reasoning Ability In Adolescence: Theoretical Viewpoints Andeducational Implications. Advancing Education Through Science-Oriented Programs ,Programs., David I. Levine, Marcia C. Linn

Faculty Scholarship

No abstract provided.

Constitutional Limits On Aid To Sectarian Universities, Kent Greenawalt

Faculty Scholarship

Because private colleges and universities have more and more difficulty keeping their heads above water financially, the possibility of government support increasingly is becoming a question of survival. Almost certainly the level of public support for private academic institutions will rise in the future, and any doubts about eligibility for this support are of vital concern for affected universities. The major issue regarding eligibility has been the status of sectarian universities. Given the stringent constitutional limits on government aid to religion, can universities that are connected to churches or are otherwise sectarian receive public assistance?

Barred From The Bar: Women And Legal Education In The United States 1870-1890, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

‘Ernst & Ernst V. Hochfelder’: A Critique And An Evaluation Of Its Impact Upon The Scheme Of The Federal Securities Laws, James D. Cox

Faculty Scholarship

Ernst & Ernst v. Hochfelder presented to the Supreme Court the most perplexing issue yet to arise from the implied right of action under section 10(b) of the Securities Exchange Act of 1934 and Rule l0b-5: whether the standard of culpability imposed by those provisions includes a duty to exercise reasonable care.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst

Faculty Scholarship

Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory …

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.

Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko

Faculty Scholarship

No abstract provided.

New Developments In The Taxation Of Real Estate Partnerships, Michael Madison

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 5, Joseph Sweeney

Faculty Scholarship

No abstract provided.

The Natural History Of The Workerless Ant Parasite, Formica Talbotae, Mary Talbot

Faculty Scholarship

The ant Formica talhotae Wilson is a workerless social parasite of the microgrna group, which forms mixed colonies with the host ant Formica ohscuripes Fore!. Queens produce males and females only and there is also no worker brood of F. obscuripes in the parasitized colonies. The small alates have a long flight period stretching from mid-June to late September, with flights taking place on every suitable morning when the temperature is above 71° and rising, when the sun is shining, and when there is no appreciable wind. Flights are best between 78° and 83° F. Once up on plants, alates …

Political Censorship: Some Reflections On Its Validity In Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

On 19 January 1976, the Government of Israel announced its intention to impose censorship on two categories of information:

(1) Information about the existence or content of a document relating to Israel's foreign affairs which is classified “top secret” or similarly classified and which is addressed from Israel to a foreign country or from a foreign country to Israel.

(2) Information relating to a visit by an Israeli official to a foreign country or a visit by a foreign official to Israel, or a meeting between an Israeli and a foreign official—when no diplomatic relations obtain between Israel and that …

Who Sues For Divorce? From Fault Through Fiction To Freedom, Lawrence M. Friedman, Robert V. Percival

Faculty Scholarship

No abstract provided.

Variable Life Insurance, Tamar Frankel

Faculty Scholarship

No abstract provided.

Standards Of Judicial Administration: Appellate Courts, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.