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Articles 2011 - 2040 of 4291
Full-Text Articles in Entire DC Network
Culp: Discretionary Justice: A Preliminary Inquiry, Albert J. Reiss Jr.
Culp: Discretionary Justice: A Preliminary Inquiry, Albert J. Reiss Jr.
Michigan Law Review
A Review of Discretionary Justice: A Preliminary Inquiry by Kenneth Culp Davis
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Michigan Law Review
The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen
Michigan Law Review
Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review
Michigan Law Review
In recent years there has been increased pressure on the federal judicial system for improved efficiency in dealing with "the big case." Such cases typically involve either large numbers of plaintiffs, suing in many district courts on essentially the same facts, or many complex and interrelated issues which require the evaluation of large quantities of data. Because those cases require considerable amounts of judicial time which cannot lightly be spared from dealing with the mounting backlog of cases faced by virtually all courts, and because a great deal of potentially protracted litigation is certain to arise in the future, it …
Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review
Michigan Law Review
In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Michigan Law Review
In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …
Chayes, Ehrlich, Lowenfeld: International Legal Process: Materials For An Introductory Course, John J. Costonis
Chayes, Ehrlich, Lowenfeld: International Legal Process: Materials For An Introductory Course, John J. Costonis
Michigan Law Review
A Review of International Legal Process: Materials for an Introductory Course (2 vols. with supp.) by Abram Chayes, Thomas Ehrlich, and Andreas Lowenfeld
The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review
The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review
Michigan Law Review
Recently state welfare officials in New York terminated the benefits of a welfare recipient on the basis of an erroneous tip from her landlady that her husband visited her every night. She requested a posttermination hearing which was provided under New York law. During the four-month delay between the termination of benefits and the hearing, the recipient and her four small children were evicted from their apartment for nonpayment of rent. They were forced to move in with the woman's sister, who had nine children of her own, and who was also on relief. The recipient's children lost weight and …
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review
Michigan Law Review
In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.
Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn
Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn
Michigan Law Review
A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
Michigan Law Review
On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes and Recent Developments Appearing in Leading Law Reviews
Conscription And The Constitution: The Original Understanding, Leon Friedman
Conscription And The Constitution: The Original Understanding, Leon Friedman
Michigan Law Review
The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …
Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira
Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira
Michigan Law Review
The Article will begin with a discussion of the School Segregation Cases which have been invoked both to sustain and to invalidate corrective racial classification. It will then review federal discrimination against Japanese-Americans and against Indians, as well as the more obscure discrimination found in immigration and naturalization laws. It will also consider, in some detail, the paradoxical rules governing the discriminatory selection of jurors and, in lesser detail, the cases dealing with domestic relations and racial designations. A concluding section will discuss black separatism and general policy matters relating to the correction of imbalance in the schools. The Article …
Index, Michigan Law Review
Index, Michigan Law Review
Michigan Law Review
Contents of Volume 67: Subject Index, Tables of Cases, Articles, Authors, Book Reviews
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review
Michigan Law Review
It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …
Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review
Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review
Michigan Law Review
p>The first question for consideration is the applicability of the "shelter provision" of section 2-403(1) to these cases. This section may be relied upon by different parties depending upon the nature of the sale. When a bankruptcy sale is involved, the buyer may claim, as Armstrong did in Mitchell, that the section allows him to succeed to the trustee's priority over unperfected security interests. When an ordinary judicial sale is involved, however, there is no intermediate transferee with both title to the property and a clear claim to priority, and the secured party may rely on this section …
Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review
Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review
Michigan Law Review
D. B. Anders was the sole stockholder of D. B. Anders, Inc., an industrial service concern which rented supplies of laundered apparel, coveralls, towels, and related textiles. In May 1961, the corporation adopted a plan of complete liquidation and within twelve months sold substantially all of its operating assets, including the rental items, to another corporation which intended to carry on the same type of business. Of the gain from that sale, $233,000 was allocated to the rental items, the entire cost of which had been deducted by the company in the year of purchase as an ordinary and necessary …
Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew
Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew
Michigan Law Review
A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review
Michigan Law Review
Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller
Michigan Law Review
The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …
Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review
Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review
Michigan Law Review
Section 2-302 of the Uniform Commercial Code (Code) provides that a court may refuse to enforce all or part of a contract if it finds that the contract, or any part of it, was unconscionable when made. In American Home Improvement, Inc. v. MacIver the Supreme Court of New Hampshire apparently held that a price substantially in excess of the value of the goods and services sold was sufficient in itself to constitute unconscionability under this provision of the Code. The high price was at least in part attributable to high time-credit charges, and, as noted by the court, the …
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
Michigan Law Review
The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …
Strikes And Public Employment, Theodore W. Kheel
Strikes And Public Employment, Theodore W. Kheel
Michigan Law Review
In public employment there has been an increasing resort to strikes in all parts of the nation by employees previously immune--teachers, policemen, firemen, welfare workers, garbage collectors, hospital attendants, doctors, nurses, and zoo keepers. The strike fever is contagious, and leapfrogging demands and multiplying disputes leave government hesitant, defensive, and distracted from the unresolved problems of our urban crisis. The basic question-and the great challenge-is how to prevent strikes that imperil the public interest while still providing millions of public employees with the opportunity to participate in the process of determining the conditions of their work, an opportunity not only …
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Michigan Law Review
This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Michigan Law Review
Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Michigan Law Review
In programs of housing improvement and slum clearance, public agencies must often make difficult choices between the exercise of public powers of land acquisition, which require the payment of compensation, and public powers of noncompensatory regulation, which require no payment of compensation. This Article focuses on three of these programs-building demolition, urban renewal, and housing code enforcement. Public agencies may demolish slum dwellings, one at a time, without compensation. Title to the cleared site is not affected and remains in the owner after the building has been demolished. Under statutory powers of urban renewal, local public agencies may designate entire …
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
Michigan Law Review
No overriding theory has heretofore been proposed capable of allocating the various rules of decision in free exercise cases according to an appropriate classification of fact situations. This Article suggests an objective sociological approach to defining and weighing the governmental and religious interests inhering in a given free exercise claim in order to eliminate value preferences from the constitutional weighing process. Religious interests will be ranked according to functional criteria internal to all religious systems and not dependent upon the belief content of any given sect. State interests will be analyzed in terms of formalized modes of governmental action involving …
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …
Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review
Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review
Michigan Law Review
If a decedent possessed any of the incidents of ownership of a life insurance policy, or if the policy proceeds were payable to his executor, the entire amount of the insurance proceeds is included in his estate for estate tax purposes under section 2042 of the Internal Revenue Code of 1954 (Code). However, if the decedent had transferred ownership of the policy to another person in a transaction that both met the requirements of section 2042 and was not regarded as "in contemplation of death," but continued to pay the insurance premiums until his death, it is unclear whether any …