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Articles 2491 - 2520 of 8432
Full-Text Articles in Entire DC Network
Claim Requirements Of The Federal Tort Claims Act: Minimal Notice Or Substantial Documentation?, Michigan Law Review
Claim Requirements Of The Federal Tort Claims Act: Minimal Notice Or Substantial Documentation?, Michigan Law Review
Michigan Law Review
This Note finds both the Adams and Swift positions unsatisfactory. Part I contends that Adams misconstrued the legislative history of the FTCA amendments by applying a minimal notice standard and then argues that Swift contravenes the amendments' fairness policy by permitting ambiguous, overreaching documentation requests. Part II contends that courts should interpret section 2675's "presented the claim" language as an accommodation between two competing Congressional objectives: presuit claims settlement and fair treatment of claimants. The Note proposes that until the Department of Justice modifies its current claims regulations, courts should toll the statute of limitations whenever an individual's claim includes …
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin
Michigan Law Review
The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review
Michigan Law Review
Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Employee Selection Base On Susceptibility To Occupational Illness, Mark A. Rothstein
Michigan Law Review
This Article attempts to compile the latest information available concerning this difficult problem. Part I reviews the scientific literature, explaining the biological basis of increased risk of occupational disease. Part II explores the efforts of various employers to incorporate this research into their personnel practices. Part III surveys the legal response to these practices. Employees may challenge medical screening on a variety of theories, most of which were not designed to deal with the problem of susceptibility to occupational disease. Not surprisingly, none of the approaches offers an entirely satisfactory response to the problem. This Article offers no clear answers. …
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
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
A Banker's Adventures In Brokerland: Looking Through Glass-Steagall At Discount Brokerage Services, Michigan Law Review
A Banker's Adventures In Brokerland: Looking Through Glass-Steagall At Discount Brokerage Services, Michigan Law Review
Michigan Law Review
Several banks have recently entered or announced their intention to enter the discount brokerage business, and the Federal Reserve Board is considering a rule listing discount brokerage as an acceptable bank holding company activity. The securities industry has contested this entry, asserting that the Glass-Steagall Act requires separation between investment and commercial banking. Though the Act does mandate some division between the two lines of business, this Note argues that bank discount brokerage services do not violate the Act. Part I examines the competing "accommodation" and "agency" interpretations of the relevant statutory sections, concluding that the agency interpretation, which permits …
Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review
Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review
Michigan Law Review
This Note considers the question of whether NEPA requires an EIS in cases of official refusal to exercise discretionary agency authority. Part I develops the competing theories for resolving this question. The current judicial attitude, which has excluded important cases with far-reaching environmental effects from the EIS requirement, plainly frustrates the statute's procedural purposes. Regulations promulgated by the Council on Environmental Quality define "major federal action" to include the failure to act under certain circumstances, and offer one alternative to the current approach. But the regulations condition the classification of inaction as action upon reviewability under the Administrative Procedures Act, …
The Legalization Of American Society: Economic Regulation, Peter O. Steiner
The Legalization Of American Society: Economic Regulation, Peter O. Steiner
Michigan Law Review
My central thesis is that regulation may be insightfully classified into three broad types of response to perceived market failure, and I will merely touch examples of each. The first is protection of competitive results. I shall focus on natural monopoly regulation, although anti-trust would do as well. The second is protection from competitive results, such as entry control and setting of minimum prices. The third is regulation of externalities such as pollution and accidents arising as byproducts of more usual production.
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
Michigan Law Review
Part I of this Article establishes that the government has a right to search for and seize evidence of crime. Part II develops the corollary proposition that the fourth amendment does not protect the right to secrete evidence of crime. Part III explores the impact of the reasonable expectation of privacy concept on the innocent. Part IV evaluates consent searches and their effect on the innocent. Finally, Part V considers the exclusionary rule as a device for protecting the innocent.
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
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Michigan Law Review
Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …
Extraterritorial Application Of The Export Administration Act Of 1979 Under International And American Law, Michigan Law Review
Extraterritorial Application Of The Export Administration Act Of 1979 Under International And American Law, Michigan Law Review
Michigan Law Review
This Note investigates the legality of the extraterritorial application of the EAA under American and international law, with a particular focus on the presidential action in the Soviet Oil and Gas Equipment Export Controls case (hereinafter the Soviet Pipeline case). Part I examines the language and legislative history of the EAA and concludes that Congress clearly and affirmatively expressed its intention to apply export controls to foreign subsidiaries of American corporations as well as goods and technology that originate in the United States. Part II analyzes the extraterritorial application of the EAA under the generally recognized principles of international law. …
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Plato's Ideal And The Perversity Of Politics, Mark G. Yudof
Michigan Law Review
A Review of Educational Policy Making and the Courts: An Empirical Study of Judicial Activism by Michael A. Rebell and Arthur R. Block
The Twentieth-Century Primacy Of Statutory Law, Albert Tate Jr.
The Twentieth-Century Primacy Of Statutory Law, Albert Tate Jr.
Michigan Law Review
A Review of Dealing with Statutes by James Williard Hurst
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Judicial Reform: Setting The Prairies Afire, Monroe G. Mckay
Michigan Law Review
A Review of A Blueprint for Judicial Reform edited by Patrick B. McGuigan and Randall R. Rader
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Habeas Corpus: Its History And Its Future, Charles Alan Wright
Michigan Law Review
A Review of A Constitutional History of Habeas Corpus by William F. Duker
Empty History, Erwin Chermerinsky
Empty History, Erwin Chermerinsky
Michigan Law Review
A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.
Equity And The Constitution, Michigan Law Review
Equity And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Equity and the Constitution by Gary L. McDowell
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Michigan Law Review
A Review of Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls by Daniel N. Hoffman
The Sedition Of Free Speech, Lee C. Bollinger
The Sedition Of Free Speech, Lee C. Bollinger
Michigan Law Review
A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
Michigan Law Review
A Review of The Public's Right to Know: The Supreme Court and the First Amendment by David M. O'Brien
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
The Promise Of American Law: A Theological, Humanistic View Of Legal Process, Michigan Law Review
Michigan Law Review
A Review of The Promise of American Law: A Theological, Humanistic View of Legal Process by Milner S. Ball
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Michigan Law Review
A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Michigan Law Review
A Review of The Making of the Civil Law by Alan Watson
The New Deal Lawyers, Michigan Law Review
The New Deal Lawyers, Michigan Law Review
Michigan Law Review
A Review of The New Deal Lawyers by Peter H. Irons
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Reconstructing Reality In The Courtroom: Justice And Judgement In American Culture, Michigan Law Review
Michigan Law Review
A Review of Reconstructing Reality in the Courtroom: Justice and Judgement in American Culture by W. Lance Bennett and Martha S. Feldman
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Michigan Law Review
A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker
Anatomy Of Racism, Damon J. Keith
Anatomy Of Racism, Damon J. Keith
Michigan Law Review
A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore