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Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn Nov 1969

Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz


Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda Nov 1969

Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz; The Vietnam War and International Law edited by Richard A. Falk; The Responsibilities of World Power by Gale W. McGee; Beyond Vietnam: The United States and Asia by Edwin O. Reischauer


Periodical Index, Michigan Law Review Nov 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Front Matter, Michigan Law Review Jun 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 8 of ,em>Michigan Law Review


Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review Jun 1969

Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review

Michigan Law Review

The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …


On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr. Jun 1969

On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.

Michigan Law Review

On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …


Conscription And The Constitution: The Original Understanding, Leon Friedman Jun 1969

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …


Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira Jun 1969

Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira

Michigan Law Review

The Article will begin with a discussion of the School Segregation Cases which have been invoked both to sustain and to invalidate corrective racial classification. It will then review federal discrimination against Japanese-Americans and against Indians, as well as the more obscure discrimination found in immigration and naturalization laws. It will also consider, in some detail, the paradoxical rules governing the discriminatory selection of jurors and, in lesser detail, the cases dealing with domestic relations and racial designations. A concluding section will discuss black separatism and general policy matters relating to the correction of imbalance in the schools. The Article …


Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan Jun 1969

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright


Books Received, Michigan Law Review Jun 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Jun 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Index, Michigan Law Review Jun 1969

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 67: Subject Index, Tables of Cases, Articles, Authors, Book Reviews


Front Matter, Michigan Law Review May 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 7 of Michigan Law Review


Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr. May 1969

Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr.

Michigan Law Review

This study purports to be in part a comparison of American and English testamentary practices. The virtual absence in England of estate records as we know them imposed limitations on the attainment of this objective. For present purposes, data concerning English practices were derived almost entirely from one hundred English wills selected at random from those filed during the year 1963 in the Principal Probate Registry in London. To the extent that these wills came from all over England and Wales, they can be regarded as representative of English practices generally. But the much smaller size of the sample in …


The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg May 1969

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …


Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review May 1969

Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review

Michigan Law Review

D. B. Anders was the sole stockholder of D. B. Anders, Inc., an industrial service concern which rented supplies of laundered apparel, coveralls, towels, and related textiles. In May 1961, the corporation adopted a plan of complete liquidation and within twelve months sold substantially all of its operating assets, including the rental items, to another corporation which intended to carry on the same type of business. Of the gain from that sale, $233,000 was allocated to the rental items, the entire cost of which had been deducted by the company in the year of purchase as an ordinary and necessary …


Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew May 1969

Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew

Michigan Law Review

A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon


Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review May 1969

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …


Cipes: The Crime War, Michael S. Josephson May 1969

Cipes: The Crime War, Michael S. Josephson

Michigan Law Review

A Review of The Crime War by Robert M. Cipes


Periodical Index, Michigan Law Review May 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries May 1969

Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries

Michigan Law Review

A Review of Implementing a New Constitution: The Michigan Experience by Albert L. Sturm and Margaret Whitaker


Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review Apr 1969

Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 2-302 of the Uniform Commercial Code (Code) provides that a court may refuse to enforce all or part of a contract if it finds that the contract, or any part of it, was unconscionable when made. In American Home Improvement, Inc. v. MacIver the Supreme Court of New Hampshire apparently held that a price substantially in excess of the value of the goods and services sold was sufficient in itself to constitute unconscionability under this provision of the Code. The high price was at least in part attributable to high time-credit charges, and, as noted by the court, the …


Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review Apr 1969

Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review

Michigan Law Review

Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …


Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review Apr 1969

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review

Michigan Law Review

The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …


Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman Apr 1969

Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman

Michigan Law Review

A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard


Front Matter, Michigan Law Review Apr 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 6 of Michigan Law Review


Schwartz: Rights Of The Person, Hans A. Linde Apr 1969

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz


Periodical Index, Michigan Law Review Apr 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …


State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith Mar 1969

State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith

Michigan Law Review

The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …