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Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review Aug 1981

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review

Michigan Law Review

This Note argues that American courts should mitigate the impact of the PTIA on American antitrust litigation by enjoining British defendants from pursuing their rights under the Act. Part I examines the Act's principal effects on antitrust enforcement and the settlement process, and concludes that these effects are serious enough to warrant judicial intervention. Part II establishes a court's power to issue transnational antisuit injunctions, and considers the propriety of doing so. After briefly rejecting two practical objections to such injunctions - that they are impossible to enforce and will provoke international retaliation - Part II analyzes the doctrine of …


Recent Books, Michigan Law Review Aug 1981

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Aug 1981

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 Aug 1981

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 79: Subject Index, Table of Cases, Articles, Authors, Book Reviews


Home Office Deductions: May A Taxpayer Have More Than One Principal Place Of Business?, Michigan Law Review Aug 1981

Home Office Deductions: May A Taxpayer Have More Than One Principal Place Of Business?, Michigan Law Review

Michigan Law Review

This Note argues that the Tax Court's more liberal interpretation is correct because it more nearly reflects Congress's intent. Part I seeks a basis for preferring one of the competing interpretations in the text of section 280A and in the section's legislative history, but finds none. Looking, of necessity, to the purposes that Congress sought to advance with section 280A, Part II argues that those purposes do not demand a restrictive reading of "principal place of business." Such a reading, moreover, would undermine fundamental and longstanding congressional tax policies. In the absence of a more explicit statement of congressional intent, …


State And Local Limitations On Ballot Measure Contributions, Michigan Law Review Jun 1981

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.


Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer Jun 1981

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …


Front Matter, Michigan Law Review Jun 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 79, Issue 7 of Michigan Law Review


In Search Of A General Approach To Legal Analysis: A Comparative Institutional Alternative, Neil Komesar Jun 1981

In Search Of A General Approach To Legal Analysis: A Comparative Institutional Alternative, Neil Komesar

Michigan Law Review

This Article is an attempt to aid in the construction of such a general approach to legal analysis. Its central thesis is that all legal decisions share a fundamental feature that should be a basic building block for any general analytic approach: they all involve a choice among imperfect alternative decision-making institutions. In all cases, legal decision makers must consider the relative merits or attributes of the alternative institutions. The analyst of legal decisions, therefore, should adopt a "comparative institutional" approach, which can be simply stated as follows: the determinants of legal decisions can best be analyzed when legal decision …


Economic Theory And Environmental Law, Mark Sagoff Jun 1981

Economic Theory And Environmental Law, Mark Sagoff

Michigan Law Review

In Part I of this essay, I argue that environmental legislation, at least during the past twenty years, fails to make economic "common sense," that is, it fails to maximize the satisfaction of consumer demand over the long run. Laws like the Endangered Species Act flout this conception of economic efficiency. This is how most Americans would have it: most Americans reject the notion that the natural environment should be made over to serve the wants of the self-interested consumer. Part II describes the way that economists have attempted to take account of citizen or community-regarding preferences. I suggest that …


Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review Jun 1981

Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review

Michigan Law Review

The DOE's authority to order noncompensatory remedies has been seriously questioned. This Note will evaluate the propriety of such remedies in light of the history of petroleum price control enforcement. Although the DOE's enabling legislation does not explicitly impose a compensatory obligation, the Note finds that Congress anticipated that remedies would compensate, to the extent feasible, those persons actually overcharged. Part I traces the development of a compensatory obligation through the various stages of price regulation. Part II criticizes the DOE for abnegating that obligation. The Note concludes that the Department's recent consent orders violate both its own rules and …


Book Review, Paul D. Carrington Jun 1981

Book Review, Paul D. Carrington

Michigan Law Review

A Review of Law, Intellect, and Education by Francis A. Allen


Periodical Index, Michigan Law Review Jun 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert May 1981

Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert

Michigan Law Review

The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.


Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review May 1981

Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review

Michigan Law Review

This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …


Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review May 1981

Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review

Michigan Law Review

This Note reassesses SEC authority to discipline attorneys under rule 2( e ). Part I explores the history of rule 2( e) proceedings against attorneys and the troublesome policy issues raised by the SEC's new approach to rule 2(e) enforcement. Part II examines the SEC's claim that general rulemaking provisions give it authority to discipline attorneys. The Note concludes that a proper construction of statutes and case law bars rule 2( e) proceedings against attorneys.


Griffin V. California: Still Viable After All These Years, Craig M. Bradley May 1981

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Michigan Law Review

In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …


Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash May 1981

Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash

Michigan Law Review

Joseph Sax's Mountains Without Handrails: Reflections on the National Parks deserves more serious scrutiny than does the typical pro-wilderness treatise about the optimum future of our nation's public lands. That is because beneath its elegant form lies a unique argument. Sax's stated central aim is to test the core "preservationist" position concerning nonbusiness use of public lands to determine whether it is a position that Congress, administrative agencies, and the public "should be inclined to follow" (p. 3). The question is, given the "enormous growth of recreation in recent years" (p. 2), whether the national parks, forests, and deserts should …


Front Matter, Michigan Law Review May 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 79, Issue 6 of Michigan Law Review


Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review Apr 1981

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.


Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review Apr 1981

Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review

Michigan Law Review

This Note urges courts to recognize a private right of action under section 503. Part I reviews all the evidence of legislative intent available today. It concludes that by now the congressional desire for a private right of action has become abundantly clear. Part II examines the more difficult issue of when that congressional desire crystallized into law. It finds ample reliable evidence that a private right of action has existed since Congress first passed section 503 in 1973.


Front Matter, Michigan Law Review Apr 1981

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 79, Issue 5 of Michigan Law Review


Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review Apr 1981

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …


The Feudal Framework Of English Law, Robert C. Palmer Apr 1981

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom


Recent Books, Michigan Law Review Apr 1981

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review Apr 1981

Periodical Index, Michigan Law Review

Michigan Law Review

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


Truth And Interpretation In Legal History, G. Edward White Mar 1981

Truth And Interpretation In Legal History, G. Edward White

Michigan Law Review

The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.


On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau


Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review Mar 1981

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens


Psycholegal Research: Past And Present, Wallace D. Loh Mar 1981

Psycholegal Research: Past And Present, Wallace D. Loh

Michigan Law Review

A Review of The Psychology of Eyewitness Testimony by A. Daniel Yarmey, and Eyewitness Testimony by Elizabeth F. Loftus, and Social Psychology in Court by Michael J. Saks and Reid Hastie, and The Criminal Justice System and Its Psychology by Alfred Cohn and Roy Udolf