Digital Commons Network^™

Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham

Michigan Law Review

Although the advertising control provisions of the Highway Beautification Act of 1965 have been the subject of unremitting controversy from the date of enactment until the present time, only three substantive amendments to title I have been adopted in the intervening years. These are the amendments to subsections ( d) and (j) and the addition of a new subsection (n) all of which were adopted in 1968.

An Analysis Of Authorities: Traditional And Multicounty, Michigan Law Review

Michigan Law Review

This Comment will briefly define and describe authorities in general, as well as the new multicounty authorities. Their legal status and practical advantages and disadvantages will be explored. Finally, an attempt will be made to isolate the uses to which multicounty authorities can most profitably be put in light of the conflicting goals of maximum governmental efficiency and public accountability.

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Legal Knowledge Of Michigan Citizens, Michigan Law Review

Michigan Law Review

This empirical study of the legal knowledge of Michigan citizens arose in response to the paucity of research in the area, especially in Michigan, where no such study had previously been conducted, and the contradictory findings of those earlier studies that had been conducted. Its findings may have implications for future efforts to educate the public and may provide some clues as to whether and why certain segments of the population are deficient in legal knowledge.

White & Summers: Handbook Of The Law Under The Uniform Commercial Code, Ellen A. Peters

Michigan Law Review

A Review of Handbook of the Law Under the Uniform Commercial Code by James J. White and Robert S. Summers

Income Tax "Loopholes" And Political Rhetoric, Boris I. Bittker

Michigan Law Review

When used by newspaper reporters and politicians, the term "tax loophole" is always a pejorative, though the tone of disapproval may be mingled with a dash of admiration for the astute lawyer or accountant who discovered the device. Since condemnation is the predominant tone, it is always assumed that loopholes can be quickly and reliably distinguished from tax provisions that are reasonable and fair. Sometimes, to be sure, it is suggested that the only criterion is self-interest: one man's loophole is another man's relief provision. More frequently, loopholes are said to inure primarily, if not solely, to the benefit of …

Implementation Of The Bank Holding Company Act Amendments Of 1970: The Scope Of Banking Activities, Michigan Law Review

Michigan Law Review

There has been a continuing conflict between those who wish to allow banks to diversify their operations beyond the traditionally limited scope of the banking business and those who see such an expansion as a threat to the stability of the economy and a license for unfair competition. The most recent in a continuing series of attempts to reconcile this conflict is found in the Bank Holding Company Act Amendments of 1970 and the implementation of these Amendments by the Federal Reserve Board. The original Act, adopted in 1956, was the first major attempt to bring bank holding companies, a …

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by 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

Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review

Michigan Law Review

Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.

Tort Liability Of A University For Libelous Material In Student Publications, Michigan Law Review

Michigan Law Review

While attention will occasionally be drawn to the impact of the New York Times privilege, this Note largely assumes that a defamed plaintiff is capable of overcoming the constitutional barriers imposed by New York Times and its progeny. In other words, the assumption is made that libelous statements either fall outside the constitutional privilege or that the plaintiff can demonstrate actual malice in the student authors or editors. The Note will analyze the traditional theories which may be invoked to establish the university's liability for defamatory material in student publications. First, a range of student newspaper-university relationships will be examined …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham

Michigan Law Review

The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?

Res Judicata In The Derivative Action: Adequacy Of Representation And The Inadequate Plaintiff, Michigan Law Review

Michigan Law Review

It is the purpose of this Note to examine the adequacy of representation in a derivative suit and to consider the appropriateness of applying res judicata to foreclose the corporate cause of action. Discussion will focus on the following areas: (1) the problem of the inadequate plaintiff; (2) the efficacy of judicially created devices designed to ensure the adequacy of representation; and, (3) the feasibility of partially exempting the derivative cause of action from the operation of res judicata.

The Emerging Duty To Bargain In The Public Sector, Harry T. Edwards

Michigan Law Review

Whether the public sector is indeed sufficiently different from the private sector to warrant the assumption that private sector precedents should be avoided, or at least modified, is a question that can and has been argued at length; therefore, it will serve no useful purpose to rehash the issue in this Article. Rather, it is probably sufficient to observe that, for the most part, legislators and judges at the federal, state, and municipal levels have assumed that the two sectors are different; as a consequence, the initial legislative and judicial reactions to public sector unionism have been cautious. Arguments about …

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

The Real Estate Investment Trust: State Tax, Tort, And Contract Liabilities Of The Trust, Trustee, And Shareholder, Michigan Law Review

Michigan Law Review

This Comment will attempt to alert potential investors in and trustees of REITs to the full extent of the liabilities that they could suffer for contract debts incurred in the name of the trust and torts committed by trust personnel. Since state tax considerations also play a significant role in investment decisions, the manner in which each state taxes the REIT and its shareholders on income derived from property and business in that state will also be investigated. Finally, a rational path out of the morass created by current state law will be articulated in order to prompt renewed discussion …

The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review

Michigan Law Review

There has been controversy in the lower federal courts concerning durational residency requirements and one recent state court challenge of a simple residency requirement. This Note will discuss the constitutional validity of these requirements in the face of equal protection attacks, concentrating on the extent to which such requirements are justified by the interests of state courts in maintaining the integrity of their legal systems.

Constitutional Law--Equal Protection--Minimum Age Requirement For Candidates For Detroit Common Council Violates Equal Protection Clause Of Fourteenth Amendment--Manson V. Edwards*, Michigan Law Review

Michigan Law Review

This Recent Development will discuss the validity and potential impact of the court's selection of the compelling interest test to measure the compliance of Detroit's age restriction on candidacy with the fourteenth amendment. It will also explore the possible state goals sought to be achieved by requiring a minimum age for candidates and examine whether these goals can be viewed as "compelling governmental interests."

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

Michigan Law Review

A List of Books Received by Michigan Law Review

Enforcement Of Money Judgments In Early American History, Stefan A. Riesenfeld

Michigan Law Review

The history of the enforcement of money judgments in the United States during the colonial period and the early days of statehood has never been explored in depth. The only modern account is the brief discussion in R. Millar's Civil Procedure of the Trial Court in Historical Perspective. Yet, in view of the recent and long overdue concern with the protection of debtors against unnecessarily harsh and oppressive direct collection remedies, a study of the early efforts designed to shield debtors from excessive and wasteful deprivations of their property is not without interest, especially as the record is rich …

An Overview Of The Laws Of Corporations, Alfred F. Conard

Michigan Law Review

During the twentieth century, legislatures found it necessary to enact great masses of additional legislation to deal with the special problems of corporations. People who worked with the entire group of relevant laws were known as "corporation lawyers." But, like Londoners, they continued to regard as "corporation laws" only those few that covered the same points embraced by the laws of the Victorian era. The others carried distinct sobriquets.

This usage leads to a confusion in speaking about the "laws of corporations," since they are so much broader than "corporation laws." It would be hard, though, for a reader to …

A Complete Bibliography Of Books, Pamphlets, Major Reports, Speeches, And Memoranda Of E. Blythe Stason, Michigan Law Review

Michigan Law Review

A Complete Bibliography of Books, Pamphlets, Major Reports, Speeches, and Memoranda of E. Blythe Stason (Unpublished works can be found in the Michigan Historical Collection, Ann Arbor, Michigan)

Memorial Resolution: E. Blythe Stason, Michigan Law Review

Michigan Law Review

A Tribute to E. Blythe Stason

Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review

Michigan Law Review

Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Michigan Law Review

This Article is concerned with the effect of NEPA on administrative decision-making. What benefits has NEPA conferred on us? What dangers have emerged? What questions remain to be clarified if NEP A's benefits are to be achieved while minimizing any negative side effects?

Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler

Michigan Law Review

A Book Review of Marriage Stability, Divorce, and the Law by Max Rheinstein

Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review

Michigan Law Review

This Note will only briefly discuss the implications of Burns for NLRB proceedings. Instead, the focus will be on the impact of Burns on actions to compel arbitration under section 301. Is the rationale of Burns inconsistent with the rule established in Wiley for section 301 actions? If it does not undermine Wiley, does Burns indicate when employers will be deemed successors in future actions under section 301 to compel arbitration? Before examining these questions, however, it is necessary to consider the decisions of Wiley and Burns.