Digital Commons Network^™

Governmental And Private Advocates For The Public Interest In Civil Litigation: A Comparative Study, Mauro Cappellitti

Michigan Law Review

This article examines the means by which public and group interests are represented in civil proceedings throughout the world. I have focused particular attention upon the Ministère public--a French institution imported by a large number of countries--and its analogues, the Attorney General in the common-law countries and the Prokuratura in the socialist world. The Ministère public is, and has been through its centuries-long history, an institutional method for assuring that the "public interest"--or the "collective" or "general interest,'' or the "social concern"--is adequately represented in civil litigation. Yet, other solutions have been utilized--to some extent, even in France--in lieu …

Yoshida International, Inc. V. United States: Was The 1971 Import Surcharge Legally Imposed?, Michigan Law Review

Michigan Law Review

On August 15, 1971, President Nixon announced the imposition of a ten per cent ad valorem surcharge on all dutiable imports. According to the President, the surcharge was necessary because an overvaluation of United States currency had created a situation in which United States imports were increasing faster than exports, contributing to a balance of payments deficit.

To correct the overvaluation, the President could have unilaterally devalued the dollar, thus effecting a realignment of exchange rates. However, there was some concern that such an action by the United States would lead to similar devaluations by other countries, thereby negating any …

Uncovering "Nondiscernible" Differences: Empirical Research And The Jury-Size Cases, Richard O. Lempert

Michigan Law Review

My point is not that verdict differences associated with jury size cannot be revealed through careful empirical investigation. Indeed, at several places in this article I will suggest research strategies likely to reveal such differences. Rather, it is that typical strategies of legal-impact research, such as those utilized in the Colgrove real-world studies, are unlikely to uncover differences associated with jury size however well they control for those plausible rival hypotheses that form the usual threats to the validity of impact research. The reason lies in the unamenability of the jury-size problem to the usual techniques of aggregate data analysis.

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Book Review, Arthur H. Sherry

Michigan Law Review

A book review of Criminal Procedure by Abraham S. Goldstein and Leonard Orland, and Cases and Comments on Criminal Procedure by Fred E. Inbau, James R. Thompson, James B. Haddad, James B. Zagel and Gary L. Starkman, Modern Criminal Procedure, 4ht Ed by Yale Kamisar, Wayne R. LaFave, and Jerold H. Israel, The Process of Criminal Justice: Investigation by H. Richard Uviller, Criminal Process, 2nd Ed by Lloyd L. Weinreb

Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review

Michigan Law Review

This note will examine the individual interests in running for office and in personal financial privacy in order to determine what level of scrutiny should be applied to disclosure statutes. After concluding that only minimal scrutiny should apply--a standard certainly met by the state's strong interests--it will be argued that nonconstitutional considerations bearing on the practicality of disclosure statutes nevertheless require a careful balancing of the state interest in disclosure against the individual interests of each class of persons affected by the statutes. The discussion of the strength of the state's interest in disclosure with respect to each class will …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 73, Issue 3 of Michigan Law Review

Limiting The Criminal Contempt Power: New Roles For The Prosecutor And The Grand Jury, Richard B. Kuhns

Michigan Law Review

This article will briefly describe the development and scope of the law of criminal contempt, and then tum to the question of whether the current exercise of the power is consistent with the rationale for its existence. The analysis will suggest not only that the answer to this question in many instances is negative, but also that substantial benefits would result from requiring that criminal contempts be treated as ordinary criminal prosecutions.

Condemnation Blight And The Abutting Landowner, Michigan Law Review

Michigan Law Review

This note will discuss the plight of abutting landowners, and explore various legal theories that may provide them with some recovery against the government units involved. Because most of the theories offer only limited possibilities of recovery, the final section of the note will argue for the creation of a more appropriate remedy.

Collateral Estoppel: Loosening The Mutuality Rule In Tax Litigation, Michigan Law Review

Michigan Law Review

Collateral estoppel is an aspect of the doctrine of res judicata that precludes relitigation of issues previously adjudicated. A judgment in a prior action may be held conclusive as to issues in a subsequent case. even though the later case technically involves a different cause of action. The rule of collateral estoppel seeks to conserve judicial energy, promote confidence in the judicial system, avoid litigant expense, promote community peace and reliance on judgments, and minimize inconsistent results. Countervailing policy concerns are the right of each person to have his day in court, the fear of increased litigation, the danger of …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Cases And Materials On Property: An Introduction To The Concept And The Institution, Lillian R. Bevier

Michigan Law Review

A Review of Cases and Materials on Property: An Introduction to the Concept and the Institution by Charles Donahue, Jr., Thomas E. Kauper, and Peter W. Martin

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Competition And Regulation In The Stock Markets, Robert Pozen

Michigan Law Review

Part I of this article suggests that the courts have not satisfactorily resolved the tension between competition and regulation in the stock markets, and that the proposed legislation would in fact aggravate that tension. Part II uses an economic model of stock transactions to derive an alternative approach for reconciling competitive and regulatory considerations. Part III applies this approach to several key governmental decisions in the transition from fixed commission rates to the central market system.

Blocking Payment On A Certified, Cashier's, Or Bank Check, Michigan Law Review

Michigan Law Review

When disputes arise between buyers and sellers over completed commercial transactions and payment has been delivered to the seller in the form of a negotiable instrument, a dissatisfied buyer may seek to suspend the instrument's payment obligation. By blocking payment the buyer strengthens his bargaining position and prevents the seller from dissipating the proceeds of the sale before the buyer can establish the merit of his claim. Blocking payment forces the seller to enforce the commercial agreement through court action or satisfy the buyer's grievances.

Conjugal Visitation Rights And The Appropriate Standard Of Judicial Review For Prison Regulations, Michigan Law Review

Michigan Law Review

Conjugal visitation rights allow prison inmates and spouses to visit privately and have sexual relations. A number of countries, particularly in Latin America, permit conjugal visits. Although in the United States only Mississippi and California currently permit conjugal visitation, the experience of these two states shows that such programs are workable. Conjugal visitation has met with varied reaction in the literature, but persuasive arguments have been made that it would offer potential psychological benefits to the prisoner, reduce prison homosexuality, and allow the inmate to preserve his or her marital ties. Nevertheless, the reaction of penal administrators in this country …

H. L. A. Hart On Legal And Moral Obligation, Michigan Law Review

Michigan Law Review

One of the central problems in both moral and legal philosophy has been to offer a satisfactory analysis of the concept of obligation. In ordinary language the word "obligation" is used in several different contexts. It may refer to moral obligation (e.g., "I am morally obligated to keep my promise to help my uncle with his knitting"), legal obligation (e.g., "I am legally obligated to report as income on my tax return whatever funds I embezzle from my employer"), political obligation (e.g., "I am politically obligated to vote"), or social obligation (e.g., …

Paul G. Kauper, Memorial Resolution By The University Of Michigan Law Faculty Concerning Paul G. Kauper, Michigan Law Review

Michigan Law Review

A Tribute to Paul G. Kauper

A Tribute To Paul Kauper, Robben W. Fleming

Michigan Law Review

A Tribute to Paul G. Kauper

Paul G. Kauper: As Remembered By His Students, John M. Nannes, Jerome B. Libin, Eugene Gressman

Michigan Law Review

A Tribute to Paul G. Kauper

A Bibliography Of The Published Works Of Paul G. Kauper, Michigan Law Review

Michigan Law Review

A Bibliography of the Published Works of Paul G. Kauper

Judicial Examination Of The Accused--A Remedy For The Third Degree, Paul G. Kauper

Michigan Law Review

Reprint from 30 Michigan Law Review 1224.

In its report on "Lawlessness in Law Enforcement" the Wickersham Commission concludes that in the police systems of a number of American municipalities the "third degree" is very generally practiced as a means of extorting from accused persons under arrest confessions, incriminating statements, and other information of value to the police. The conclusion of the Commission confirms the results of private investigation made in the same field. It is true that the methods of inquiry pursued by the Commission leave doubt as to the accuracy of some of the facts reported. But the …

Reaffirming The Freedom Of The Press: Another Look At Miami Herald Publishing Co. V. Tornillo, Michigan Law Review

Michigan Law Review

This note does not take issue with the result of the decision. Rather, the argument herein is that the access theory deserves more complete consideration. The Court used first amendment precedents to strike down the reply statute without exploring whether the rationale behind these precedents mandated such a result. In an effort to justify more fully the Court's conclusion, this note will first present the underlying rationale of the pro-access argument. It will then analyze the constitutionality of statutes that would implement a right of access. Finally, the note will discuss several practical difficulties that access legislation would present.

Labor Relations Law In The Public Sector, Arvid Anderson

Michigan Law Review

A Review of Labor Relations Law in the Public Sector by Russell A. Smith, Harry T. Edwards, and R. Theodore Clark, Jr.

The Compulsory Process Clause, Peter Westen

Michigan Law Review

Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 72, Issue 8 of Michigan Law Review

Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo

Michigan Law Review

Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.

En Banc Review In Federal Circuit Courts: A Reassessment, Michigan Law Review

Michigan Law Review

This Note will examine the validity of the traditional justifications for en bane review, discuss the recent circuit court attempts to modify the procedure, and suggest possible changes that might make more effective use of it.