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Quinney: The Social Reality Of Crime, Melvin M. Belli

Michigan Law Review

A Review of The Social Reality of Crime by Richard Quinney

Periodical Index, Michigan Law Review

Michigan Law Review

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

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

Periodical Index, Michigan Law Review

Michigan Law Review

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

Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review

Michigan Law Review

On January I, 1970, Congress took a major step in the continuing struggle to control man's exploitation of his environment by enacting the National Environmental Policy Act of 1969 (NEPA). This Act, hailed by some conservationists as one of the most important environmental developments of the decade, is designed primarily to prevent the misuse and abuse of the environment resulting either directly or indirectly from federal agency activity. In essence, by establishing a broad national policy giving a strong priority to the consideration of ecological factors and by implementing procedures designed to bring agency action into line with this policy, …

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler

Michigan Law Review

The purpose of this Article is to explore those situations in which courts have given meaning to the Euclid caveat in operation, and, from those instances, to attempt to evolve a judicial approach to the problems posed by the conflict between purely local interests on the one hand and more comprehensive regional interests on the other. Four basic premises are herein indulged: (1) that strictly local zoning is unsatisfactory; (2) that new and innovative legislation will not be readily forthcoming; (3) that the burden of mediating these conflict situations will continue to fall upon the judiciary; and (4) that present …

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland

Michigan Law Review

A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel

Federal Jurisdiction--Protective Jurisdiction And Adoption As Alternative Techniques For Conferring Jurisdiction On Federal Courts In Consumer Class Actions, Michigan Law Review

Michigan Law Review

"Consumer protection" has come of age. The heightened appreciation of the consumer's plight has not been matched, however, by an equal commitment to providing effective programs for vindicating his cause. As a practical matter the consumer may be unable to assert his rights. Suits to enforce consumer rights are costly and are not likely to be brought when each individual claim is counted only in the tens of dollars.

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Constitutional Law--Double Jeopardy--Collateral Estoppel Is Constitutionally Required In Criminal Cases Because It Is Embodied In The Fifth Amendment Double Jeopardy Clause--Ashe V. Swenson, Michigan Law Review

Michigan Law Review

It is, therefore, important in any analysis of the Ashe decision to examine the policies and purposes behind collateral estoppel and double jeopardy and the current effectiveness of the two doctrines in light of these policies and purposes. The policies of the double jeopardy guarantee are well defined in the federal cases. Basically, it is recognized that the state, having at hand many more resources than the average defendant can muster, should not be allowed to make successive attempts to convict an individual for an alleged offense. Successive prosecutions cause the defendant expense and embarrassment and force him to live …

Labor Law--The Permissible Scope Of The National Labor Relations Board's Rule Against Relitigation, Michigan Law Review

Michigan Law Review

Under section 9 of the National Labor Relations Act (NLRA or Act), the National Labor Relations Board (NLRB or Board) is charged with the responsibility of determining what group of employees constitutes an appropriate unit for purposes of collective bargaining with an employer. While the Board itself originally handled representation petitions and determined appropriate bargaining units, Congress in 1959 amended the NLRA and authorized the Board to delegate its section 9 powers to the regional directors in order to expedite NLRB operations. Pursuant to this authorization, and in accordance with its rule-making authority under section 6 of the Act, the …

Periodical Index, Michigan Law Review

Michigan Law Review

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

The Public-Interest Proxy Contest: Reflections On Campaign Gm, Donald E. Schwartz

Michigan Law Review

Proxy contests are generally fought for control of a corporation. The rules governing this form of corporate combat seek to provide shareholders with adequate information about the rival forces for control so that they can intelligently choose between them. The information furnished in proxy materials and discussions at annual meetings have traditionally been devoted almost entirely to subjects such as finance, production, acquisitions, and the like.

Judicial Review Of Agency Action: The Unsettled Law Of Standing, Michigan Law Review

Michigan Law Review

Traditionally, the doctrine of standing has existed as the major obstacle frustrating the attempts of numerous plaintiffs to obtain relief for the injuries they have suffered as a result of allegedly illegal action by federal administrative agencies. Frequently, the rigid standards effectively have prevented any feasible plaintiff from challenging the actions of an administrative agency. The ultimate consequence of this problem has been practically to insulate a wide range of administrative activity from judicial review.

In recent years the courts have been under increasing pressure to liberalize the law of standing and to provide a judicial forum where administrative agencies …

Civilizing University Discipline, Paul D. Carrington

Michigan Law Review

It is the purpose of this Article to suggest that the criminal model is not the only possible system of university discipline. There are alternatives to be found in the operation of the civil courts and other administrative agencies that have received little consideration. It is a common, but mistaken, assumption that the proper way to deal with offensive conduct is by means of social punishment. The unfortunate consequences of a general tendency of legislatures to "overcriminalize" have been noted elsewhere. The trend in university discipline may be regarded as a special application of that tendency, or, at least, as …

Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin

Michigan Law Review

It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …

The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper

Michigan Law Review

The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.

Residential Tenants And Their Leases: An Empirical Study, Warren Mueller

Michigan Law Review

Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …

Long-Arm And Quasi In Rem Jurisdiction And The Fundamental Test Of Fairness, Michigan Law Review

Michigan Law Review

This Comment is focused upon the errors that may result from the confusion surrounding the question of jurisdictional limitations. It is suggested that such confusion is the natural result of the prevailing concern of courts with the extreme limits of permissible jurisdiction, and that this confusion has so clouded the basic issues that erroneous results have been reached in more routine cases that do not even approach those limits-the "easy" cases. Cases decided in the past few years indicate that these erroneous results occur most often in three areas. Following a brief examination of the body of law and theory …

Constitutional Law--Equal Protection--Zoning--Snob Zoning: Must A Man's Home Be A Castle?, Michigan Law Review

Michigan Law Review

This Note will analyze and evaluate the legal theories that may be employed to attack snob zoning in the courts. First, the feasibility of attacking snob zoning via the equal protection clause of the fourteenth amendment will be examined. The second part of this Note will delineate alternative judicial responses to snob zoning that are couched in more conventional zoning-law terms.

Evidence--Privileged Communications--The Attorney-Client Privilege In The Corporate Setting: A Suggested Approach, Michigan Law Review

Michigan Law Review

This Note will first review the development of the personal attorney-client privilege and the extent to which the term "client" has been expanded for use with that privilege. Then, the development of the corporate attorney-client privilege will be examined with an eye toward isolating the tests that the courts have used to define the extent of the term "client." Finally, with the results of these examinations in mind, an approach will be suggested that, if adopted by the courts, could effectively eliminate the confusion that presently exists with regard to the scope of the attorney-client privilege in the corporate setting.

Bucci: Chiesa E Stato: Church-State Relations In Italy Within The Contemporary Constitutional Framework, Jonathan Weiss

Michigan Law Review

A Review of Chiesa e State: Church-State Relations in Italy Within the Contemporary