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A Bibliography Of The Published Works Of Paul G. Kauper, Michigan Law Review

Michigan Law Review

A Bibliography of the Published Works of Paul G. Kauper

Paul G. Kauper: As Remembered By His Students, John M. Nannes, Jerome B. Libin, Eugene Gressman

Michigan Law Review

A Tribute to Paul G. Kauper

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Reaffirming The Freedom Of The Press: Another Look At Miami Herald Publishing Co. V. Tornillo, Michigan Law Review

Michigan Law Review

This note does not take issue with the result of the decision. Rather, the argument herein is that the access theory deserves more complete consideration. The Court used first amendment precedents to strike down the reply statute without exploring whether the rationale behind these precedents mandated such a result. In an effort to justify more fully the Court's conclusion, this note will first present the underlying rationale of the pro-access argument. It will then analyze the constitutionality of statutes that would implement a right of access. Finally, the note will discuss several practical difficulties that access legislation would present.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 73, Issue 1 of Michigan Law Review

En Banc Review In Federal Circuit Courts: A Reassessment, Michigan Law Review

Michigan Law Review

This Note will examine the validity of the traditional justifications for en bane review, discuss the recent circuit court attempts to modify the procedure, and suggest possible changes that might make more effective use of it.

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 72: Subject Index, Table of Cases, Articles, Authors, Book Reviews

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 72, Issue 8 of Michigan Law Review

Deterring Misuse Of Confidential Government Information: A Proposed Citizens' Action, Joseph J. Kalo

Michigan Law Review

Part I of this article offers two examples-predicated on historical fact-that illustrate the possible adverse consequences of disclosure of confidential government information. Part I also examines present statutory and regulatory safeguards against such disclosure and analyzes their effect. Part II sets forth a proposal for reducing the possibility that confidential government information will be improperly used and for recouping government losses by means of a citizens' action. when it is so used.

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

Michigan Law Review

A List of Books Received by Michigan Law Review

Go East, Young Man, Earl Latham

Michigan Law Review

A Review of Go East, Young Man by William O. Douglas

Trusts And The Doctrine Of Estates, Olin L. Browder Jr.

Michigan Law Review

The "doctrine of estates" is the common law system for the classification of divided ownership. Its primary purpose is to differentiate the legal consequences of the variety of concurrent, present, and future estates, but it also serves to differentiate the dispositive language required to create or transfer such estates. The doctrine of estates, therefore, embraces a sizable part of the law of conveyancing, including the large body of doctrine known as rules of construction.

In modern practice the classification and construction of present and future interests usually occurs with respect to beneficial interests in trust. It has not been sufficiently …

The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review

Michigan Law Review

The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.

Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review

Michigan Law Review

The Penn Central litigation, involving a large, publicly held corporation, illustrates the need to examine the reach of the federal antifraud provisions. This Note discusses the problem of defining the plaintiff class when the number of past and present shareholders who are potential plaintiffs is very great. Attention will center on the methods courts have used to limit the class of investors compensable under rule 10b-5. Also, the effect that enactment of present drafts of the American Law lnstitute's proposed Federal Securities Code would have on the composition of the plaintiff class in analogous actions will be discussed. Finally, the …

Lawyer's Lawyer: The Life Of John W. Davis, James W. Ely Jr.

Michigan Law Review

A Review of Lawyer's Lawyer: The Life of John W. Davis by William H. Harbaugh

Some Reflections On The State Taxation Of A Nonresident's Personal Income, Walter Hellerstein

Michigan Law Review

My purpose here is fourfold: first, to inquire into the theoretical and constitutional underpinning of Vermont's taxing scheme against the background of the case that challenged the validity of the levy; second, to analyze the impact of related legislation on the principles upon which the basic Vermont formula was constructed; third, to determine whether there are reasons of law or policy why other states should not adopt schemes similar to Vermont's; and, fourth, to consider in light of the foregoing some of the recurring problems concerning the treatment of nonresidents under state income tax statutes.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 72, Issue 7 of Michigan Law Review

The Evolution Of Law In The Barrios Of Caracas, Robert C. Means

Michigan Law Review

A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz

Compensation For Pain: A Reappraisal In Light Of New Medical Evidence, Cornelius J. Peck

Michigan Law Review

The theory that a primary causal link exists between the victim's pain and the tortfeasor's acts provides considerable appeal for the proposition that the wrongdoer should compensate for the victim's pain. However, recent investigations of the phenomenon of pain by disciplines of the health sciences have challenged the medical theory upon which recoveries for pain and suffering are based. The results of that work are of obvious interest to the legal profession, for the new view of pain suggests that the tortfeasor's acts bear only a tangential relationship to the pain that some victims experience. The results thus raise questions …

Periodical Index, Michigan Law Review

Michigan Law Review

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

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

The Tentative Settlement Class And Class Action Suits Under Title Vii Of The Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will examine the potential utility of a tentative settlement class (TSC) in suits initiated under title VII of the Civil Rights Act of 1964. The advantages and disadvantages of the TSC will be discussed in the context of analyzing whether the use of a TSC is valid under rules 23(a) and 23(b) of the Federal Rules of Civil Procedure. The discussion of the merits of the TSC in the title VII context will illustrate the problems inherent in the use of a tentative class for encouraging settlements of any class action.

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Basic Corporate Taxation, Stefan F. Tucker

Michigan Law Review

A Review of Basic Corporate Taxation, 2d Ed. by Douglas A. Kahn

The Sale Of Human Body Parts, Michigan Law Review

Michigan Law Review

Section I of this Note briefly surveys the state of the transplant art; section II outlines the inadequacy of the present human parts supply system; section III discusses some of the alternatives advanced as solutions to the shortage; section IV discusses the market system alternative; section V considers existing legal doctrines that may impede the establishment of such a system; and section VI reviews tort and tax law problems associated with the market concept.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 72, Issue 6 of 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

The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris

Michigan Law Review

Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …

Discriminatory Membership Policies In Federally Chartered Nonprofit Corporations, Michigan Law Review

Michigan Law Review

Since 1791 the United States has created federal corporations by specific acts of Congress. These corporations fall into three general types, including corporations organized in the District of Columbia, corporations that carry out a federal governmental or public function, and private nonprofit corporations that undertake educational, charitable, historical, cultural or similar purposes. About fifty groups comprise the third category, including the American National Red Cross, the Girl Scouts of America, the Boy Scouts of America, the United States Olympic Committee, the American Legion, the Veterans of Foreign Wars of the United States (VFW), and the Little League.

Recently, the discriminatory …