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The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review

Michigan Law Review

This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review

Michigan Law Review

This Note examines the propriety of implying a cause of action for damages under section 206. Upon concluding that such an implication is appropriate, it then suggests a scope for section 206 actions that implements the Act's underlying purposes.

Service Of Process By Mail, Michigan Law Review

Michigan Law Review

This Note examines the operation of the return-receipt requirement and concludes that, in light of the procedures available to a defendant to challenge service and to reopen default judgments entered against him, the requirement of a signed receipt is unduly harsh on plaintiffs. In the course of this examination, the Note details the means by which a defendant can avoid service by mail in a return-receipt jurisdiction and explains the operation of the various motions to challenge service of process, which, it is asserted, can protect the defendant as well as a return-receipt requirement.

British Wildlife Law Before The American Revolution: Lessons From The Past, Thomas A. Lund

Michigan Law Review

Early legislation may excite the condescending interest ·that Dr. Johnson directed toward a dog walking on its hind legs: "It is not done well; but you are surprised to find it done at all." British wildlife law, however, merits more respect. As long ago as the Middle Ages, man's appetite for meat endowed legislators with at least an ambling competence at wildlife management. Nor has the passage of time made their efforts wholly irrelevant. Early methods of controlling habitat, for example, may still be appropriate since historical change has not altered the needs of animals as it has those of …

Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review

Michigan Law Review

This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.

The Other Government, Daniel D. Polsby

Michigan Law Review

A Review of The Other Government by Mark J. Green

Periodical Index, Michigan Law Review

Michigan Law Review

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

Jurisprudence, Robert S. Summers

Michigan Law Review

A Review of Jurisprudence by George C. Christie

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 74, Issue 1 of Michigan Law Review

Preferential Remedies For Employment Discrimination, Harry T. Edwards, Barry L. Zaretsky

Michigan Law Review

A basic thesis of this article is that much of the current concern about alleged "reverse discrimination" in employment ignores the reality of the situation. In Part I it will be contended that although color blindness is a laudable long-run objective, it alone will not end discrimination; thus, it will be argued that some form of "color conscious" affirmative action must be employed in order to achieve equal employment opportunity for minorities and women. The most effective form of affirmative action is temporary preferential treatment, and it will be asserted in Part II that such relief can be justified under …

The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review

Michigan Law Review

In the United States, credit is indispensable to the improvement of one's economic status and life style. Its availability often dictates •the extent to which one has access to education, homeownership, entrepreneurship, and investment, and its unobtainability inhibits full participation in the activities and opportunities of American society. American women have long been systematically excluded from equal access to credit by lending institutions of all types and ·thus have been denied their rightful role in the economic life of the country. It is only recently, however, that the women's movement has begun to focus attention on credit discrimination and that …

The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates the merits of Revenue Ruling 74-323. First, it asserts that, while not arbitrary, the Service's resolution of the preemption issue was not mandated by the language of amended section 162 or by the relevant legislative history. Second, it maintains that it is both appropriate and procedurally feasible to apply the judicial public policy doctrine to violations of federal civil rights laws that impose no fine, imprisonment, loss of license, or other criminal penalty. The denial of a deduction in this situation would extend the public policy doctrine beyond both section 162(c)(2) and the judicial doctrine as it …

An International Antitrust Primer, And Foreign Commerce And The Antitrust Laws, Terry Calvani

Michigan Law Review

A Review of An International Antitrust Primer by Earl W. Kintner and Mark R. Joelson, and Foreign Commerce and the Antitrust Laws by Wilbur L. Fugate

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham

Michigan Law Review

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 73, Issue 8 of Michigan Law Review

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 73: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Constitutional Restraints On The Exclusion Of Evidence In The Defendant's Favor: The Implications Of Davis V. Alaska, Michigan Law Review

Michigan Law Review

This Note, first, examines the Davis methodology for determining whether a foreclosed line of cross-examination warrants protection by the confrontation clause, and suggests a test employable by reviewing courts for making that determination. Then, the Note sketches the contours of the clash, prefigured by Davis, between the right of confrontation and the limitations on cross-examination that result from both the assertion of testimonial privileges and trial court relevance rulings.

The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.

Michigan Law Review

This article will focus on the mechanics of the individualization process: the manner in which dispositional information is collected, the quality of the resulting data, and the methodologies employed for its communication to and assessment by correctional decision makers. This focus is important because another distinctive feature of the American criminal justice system is the severity of the sentences it imposes. Not only is the average length of sentences imposed on American offenders far in excess of that imposed in other Western nations, but there is considerable evidence that the average length of sentences has increased in direct response to …

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.

The Future Of Imprisonment, Ronald J. Allen

Michigan Law Review

A Review of The Future of Imprisonment by Normal Morris

Government Information And The Rights Of Citizens, Michigan Law Review

Michigan Law Review

This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 73, Issues 6 & 7 of Michigan Law Review

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Yoshida International, Inc. V. United States: Was The 1971 Import Surcharge Legally Imposed?, Michigan Law Review

Michigan Law Review

On August 15, 1971, President Nixon announced the imposition of a ten per cent ad valorem surcharge on all dutiable imports. According to the President, the surcharge was necessary because an overvaluation of United States currency had created a situation in which United States imports were increasing faster than exports, contributing to a balance of payments deficit.

To correct the overvaluation, the President could have unilaterally devalued the dollar, thus effecting a realignment of exchange rates. However, there was some concern that such an action by the United States would lead to similar devaluations by other countries, thereby negating any …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 73, Issue 5 of Michigan Law Review

Governmental And Private Advocates For The Public Interest In Civil Litigation: A Comparative Study, Mauro Cappellitti

Michigan Law Review

This article examines the means by which public and group interests are represented in civil proceedings throughout the world. I have focused particular attention upon the Ministère public--a French institution imported by a large number of countries--and its analogues, the Attorney General in the common-law countries and the Prokuratura in the socialist world. The Ministère public is, and has been through its centuries-long history, an institutional method for assuring that the "public interest"--or the "collective" or "general interest,'' or the "social concern"--is adequately represented in civil litigation. Yet, other solutions have been utilized--to some extent, even in France--in lieu …

Post-Conviction Review In The Federal Courts For The Service-Member Not In Custody, Michigan Law Review

Michigan Law Review

This Note examines the availability of nonhabeas federal court review for those convicted by courts-martial. Part I discusses the function of such review and suggests a scope of review that would serve that function without unduly burdening the federal courts; Part II sketches the evolution of nonhabeas review and analyzes the jurisdictional problems surrounding its present status; Part III recommends statutory and judicial changes to make the review of courts-martial more equitable and efficient.