Digital Commons Network^™

The Second Generation Of Immigrants, Henry G. Schermers

Michigan Law Review

During the 1960s, many workers from the Mediterranean region migrated to more northerly regions of Europe. Often they brought their wives, and children were born in the host country. The situation of these children, the "second generation" of immigrants, deserves our attention.

In many respects the offspring who make up this second generation of immigrants are closer to their country of residence than to the country of their parents. Yet the desirability of integrating these young people into the country where they were born and live may be questioned. If they are able to speak their parents' language, they could …

The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker

Michigan Law Review

The Commission and the Council have found that the steel industry of the Community is facing a "manifest crisis" within the meaning of article 58 of the European Coal and Steel Community (ECSC) Treaty. Factors that have led to this crisis include structural peculiarities of the steel industry, an increase in production costs, a decrease in demand for steel and steel products, and the resulting excess capacity in steel mills. A majority of the Member States have attempted to protect their national steel industries from the economically mandated cutback in production capacity through substantial subsidization. International competition has thus degenerated, …

The Impact Of The Case Law Of The Court Of Justice Of The European Communities On The Economic World Order, Pieter Vanloren Van Themaat

Michigan Law Review

Among Europeans, Eric Stein is generally considered to be the outstanding expert on European Community law in the United States. Now we Europeans flatter ourselves, of course, with the opinion that there are outstanding experts on Community law within Europe as well. Nevertheless, in my opinion, the reason why so many students and scholars from Europe have gone to Ann Arbor for post-graduate studies or research work on European Community law lies mainly in the fact that Eric Stein has always been appreciated as a great scholar in international law and the law of international organizations, as well as an …

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Michigan Law Review

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …

Geography And Law, Bernhard Grossfeld

Michigan Law Review

The central questions of comparative law are still unsolved: Which legal institutions in what legal cultures can be compared with each other in a meaningful way? What can we learn from comparative law for the solution of our own problems?

This Article will discuss the relations between geography and law. I have already discussed the subject of language and law elsewhere; with regard to religion and law, I refer the reader to the extensive writings of Harold Berman.

International Law As Law In The United States, Louis Henkin

Michigan Law Review

"International law is part of our law." Justice Gray's much-quoted pronouncement in The Paquete Habana was neither new nor controversial when made in 1900, since he was merely restating what had been established principle for the fathers of American jurisprudence and for their British legal ancestors. And Gray's dictum remains unquestioned today. But, after more than two hundred years in our jurisprudence, the import of that principle is still uncertain and disputed. How did, and how does, international law become part of our law? What does it mean that international law is a part of our law? What is the …

Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson

Michigan Law Review

In this brief article I will confine myself to an analysis of the U.S. legal system pertaining to regulation of imports, deferring to other works an exploration of similar questions relating to regulation of exports or other international economic activities. First, however, I wish to touch on policies related to the legal structure of international rules for trade. This will help put the subject of this article in broader perspective, and although I will focus on U.S. domestic law measures, it will readily be seen that the international system depends greatly on national legal systems for its efficacy, and that …

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …

The Right Of States To Use Armed Force, Oscar Schachter

Michigan Law Review

When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …

Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum

Michigan Law Review

In Toyko recently I called upon an official of the Ministry of International Trade and Industry (MITI) to discuss trade frictions between the United States and Japan. On the way to my appointment I passed by Hibiya Park in the center of the city. About 10,000 people were gathered in a peaceful demonstration against any lifting of Japan's quotas on imports of agricultural products. Inside the MIT! building I asked the official whether the quotas on beef and oranges would be abolished soon. He told me they would eventually be liberalized or abolished to please the United States, but that …

The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars

Michigan Law Review

The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …

Abbreviation List, Michigan Law Review

Michigan Law Review

A list of abbreviations in this issue.

The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard

Michigan Law Review

In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.

In Search Of A Free Speech Principle, Mark G. Yudof

Michigan Law Review

A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer

Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review

Michigan Law Review

A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier

How Radical Is Liberalism?, Virginia L. Warren

Michigan Law Review

A Review of Justice, Equal Opportunity, and the Family by James S. Fishkin

From Swift To Erie: An Historical Perspective, Gene R. Shreve

Michigan Law Review

A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer

Res Judicata And Multi-State Integration, Lea Brilmayer

Michigan Law Review

A Review of Civil Judgment Recognition and the Integration of Multiple-State Associations: Central America, the United States of America, and the European Economic Community by Robert C. Casad

Equality And Discrimination Under International Law, Michigan Law Review

Michigan Law Review

A Review of Equality and Discrimination Under International Law by Warwick McKean

Free Speech And High Tech, Francis Dummer Fisher

Michigan Law Review

A Review of Technologies of Freedom by Ithiel de Sola Pool and Teletext and Videotex in the United States: Market Potential, Technology, Public Policy Issues by John Tydeman, Hubert Lipinski, Richard P. Adler, Michael Nyhan and Laurence Zwimpfer.

Materiality, Law Reform, And Regulation By Prosecution, Michael Rosenzweig

Michigan Law Review

A Review of Regulation by Prosecution: The Securities & Exchange Commission Versus Corporate America by Roberta S. Karmel

Fair Representation: Meeting The Ideal Of One Man, One Vote, Michigan Law Review

Michigan Law Review

A Review of Fair Representation: Meeting the Ideal of One Man, One Vote by Michel L. Balinski and H. Peyton Young

Revolt Against Regulation: The Rise And Pause Of The Consumer Movement, Michigan Law Review

Michigan Law Review

A Review of Revolt Against Regulation: The Rise and Pause of the Consumer Movement by Michael Pertschuk

Testing The Limits Of Law Enforcement, James J. Fyfe

Michigan Law Review

A Review of The Limits of Law Enforcement by Hans Zeisel

Injustice, Inequality And Ethics, Michigan Law Review

Michigan Law Review

A Review of Injustice, Inequality, and Ethics by Robin Barrow

More On European Community Law, Trevor Hartley

Michigan Law Review

A Review of Yearbook of European Law 1981 by F.G. Jacobs

Legislature: California's School For Politics, Michigan Law Review

Michigan Law Review

A Review of Legislature: California's School For Politics by William K. Muir, Jr.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 82, Issue 4 of Michigan Law Review

Values And Assumptions In American Labor Law, Michigan Law Review

Michigan Law Review

A Review of Values and Assumptions in American Labor Law by James B. Atleson

Love Canal: Science, Politics, And People, Michigan Law Review

Michigan Law Review

A Review of Love Canal: Science, Politics, and People by Adeline Gordon Levine