Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (7570)
- Constitutional Law (1622)
- Supreme Court of the United States (792)
- State and Local Government Law (787)
- Courts (705)
-
- Legislation (648)
- Legal History (562)
- Criminal Law (501)
- Legal Writing and Research (482)
- Torts (480)
- Contracts (474)
- Labor and Employment Law (463)
- Property Law and Real Estate (446)
- Civil Rights and Discrimination (426)
- Estates and Trusts (424)
- Jurisdiction (419)
- Criminal Procedure (395)
- Evidence (378)
- Tax Law (370)
- Fourteenth Amendment (354)
- Administrative Law (331)
- Business Organizations Law (327)
- Law and Society (322)
- Commercial Law (301)
- Litigation (283)
- Comparative and Foreign Law (279)
- Law and Race (278)
- Securities Law (278)
- Civil Procedure (268)
- Banking and Finance Law (262)
- Keyword
-
- United States Supreme Court (383)
- History (208)
- Due process (184)
- Constitution (166)
- Treatises (157)
-
- Judicial review (150)
- Liability (147)
- Publications (146)
- Michigan (144)
- Book reviews (137)
- Fifth Amendment (131)
- Race and law (122)
- Law reform (114)
- Regulation (113)
- State courts (113)
- Negligence (109)
- Federal courts (108)
- Fraud (108)
- New York (102)
- Interstate commerce (95)
- Lawyers (95)
- Racism (92)
- Corporations (88)
- Federalism (81)
- Freedom of speech (80)
- England (79)
- Congress (73)
- Trials (73)
- Women (73)
- Clayton Act (71)
- Publication Year
- File Type
Articles 3241 - 3270 of 8432
Full-Text Articles in Entire DC Network
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Michigan Law Review
It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 68, Issue 5 of Michigan Law Review
Supplying Organs For Transplantation, Jesse Dukeminier Jr
Supplying Organs For Transplantation, Jesse Dukeminier Jr
Michigan Law Review
The possibility that a market for organs will develop arises as a result of recent scientific successes in interchanging human parts and the consequent imbalance that has arisen between the quantity of organs supplied and the quantity demanded. Currently, and in the foreseeable future, unless our laws are changed, the quantity supplied will not equal the quantity demanded at a zero price. When useful items are in short supply in a market economy monetary inducements to increase the supply are commonly offered. The question then arises whether society should permit such inducements in order to ensure a satisfactory supply of …
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
Egalitarianism And The Warren Court, Philip B. Kurland
Egalitarianism And The Warren Court, Philip B. Kurland
Michigan Law Review
As late as 1966, an English philosopher could say that the word "equality," unlike the words "freedom," "liberty," and "justice," was not a "value word" but only a descriptive one. He was not denigrating the term or the concept. He was saying that "when people talk about equality in a political or moral context what they really mean to talk about is some closely evaluative concept, such as impartiality or justice." What may have been true in England in 1966 was only partially true in the United States. While the word "equality" may still be used here to invoke other …
Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub
Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub
Michigan Law Review
It is likely that, in view of the adoption in forty-nine states of the Uniform Commercial Code (Code), particularly of article 9 dealing with secured transactions, the incidence of interstate conflict-of- laws problems concerning commercial transactions in personal property will be greatly reduced. The reason for this anticipated reduction is that the Code creates uniformity in the applicable law governing the rights and duties both between the secured creditor and the debtor and between the secured creditor and third parties who challenge the secured creditor's right to enjoy his security interest.
Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review
Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review
Michigan Law Review
Traditionally, it has not proved difficult to find policy considerations which justify the existence of programs of price information exchange among competitors. There has been widespread agreement that businessmen require knowledge of all the economic forces which affect their operations. Justice Holmes once said: "I should have thought that the ideal of commerce was an intelligent interchange made with full knowledge of the facts as a basis for the forecast of the future on both sides." Similarly, Justice Brandeis commented that "[t]he Sherman Law ... certainly does not command that competition shall be pursued blindly, that business rivals shall remain …
Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review
Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review
Michigan Law Review
Litigation arising in connection with the recent bankruptcy of Turney Wood Products, Inc., has brought into issue the general problem of the operation of a bankrupt employer under the federal labor laws. The provisions of both the federal labor laws and the Bankruptcy Act are clear in purpose, but in areas of their interaction they have produced jurisdictional confusion. The situation presented to a single court by the cases arising from the Turney Wood Products bankruptcy provided an ideal vehicle to resolve much of that confusion; in fact, the parties involved viewed it as a test-case situation. But the resulting …
Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review
Michigan Law Review
This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.
Trade Regulation--Price Discrimination--Liability For "Fourth Level" Injury Falls Within The Scope Of Section 2(A) Of The Clayton Act, As Amended By The Robinson-Patman Act--Perkins V. Standard Oil Company Of California, Michigan Law Review
Michigan Law Review
During the mid-1950's Clyde A. Perkins, a major independent wholesaler and retailer operating in the states of Washington and Oregon, bought substantial quantities of gasoline and oil from Standard Oil Company of California. During the same period, Standard also sold gasoline and oil to Signal Oil and Gas Company, a large wholesaler whose subsidiaries operated at wholesale and retail levels in the same area as Perkins. The price Standard charged to Signal, however, was lower than the price it charged to Perkins. Signal passed on the advantages of this lower price to its subsidiary, Western Hyway, which in tum sold …
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
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
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 …
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Constitutional Law--The Right To A Jury Trial In Disbarment Proceedings, Michigan Law Review
Michigan Law Review
Lawyers in the United States have long been considered officers of the court, subject to examination for good moral character and adequate education in law before admission to the bar. They have also been subject to summary proceedings for disbarment whenever they have deviated from accepted standards of conduct embodied in various codes of professional ethics. Although the specific grounds for disbarment vary from state to state and between federal and state courts, one thing is clear: in the absence of a specific statutory provision there traditionally has been no right to a jury trial in disbarment proceedings. Since the …
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax
Michigan Law Review
Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …
Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review
Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review
Michigan Law Review
In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.
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
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Michigan Law Review
In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Michigan Law Review
In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by 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 …
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 …
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
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Michigan Law Review
A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard
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 …
Homicide And Succession To Property, William M. Mcgovern Jr.
Homicide And Succession To Property, William M. Mcgovern Jr.
Michigan Law Review
Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …
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.