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Michigan Law Review

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Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review Jan 1973

Contract Rights And The Successor Employer: The Impact Of Burns Security, Michigan Law Review

Michigan Law Review

This Note will only briefly discuss the implications of Burns for NLRB proceedings. Instead, the focus will be on the impact of Burns on actions to compel arbitration under section 301. Is the rationale of Burns inconsistent with the rule established in Wiley for section 301 actions? If it does not undermine Wiley, does Burns indicate when employers will be deemed successors in future actions under section 301 to compel arbitration? Before examining these questions, however, it is necessary to consider the decisions of Wiley and Burns.


Securities Law--Prospectus Must Reflect Developments Subsequent To Effective Date Of Registration Statement To Meet Requirements Of Section 10(A) Of Securities Act Of 1933--Sec V. Manor Nursing Centers, Inc.*, Michigan Law Review Jan 1973

Securities Law--Prospectus Must Reflect Developments Subsequent To Effective Date Of Registration Statement To Meet Requirements Of Section 10(A) Of Securities Act Of 1933--Sec V. Manor Nursing Centers, Inc.*, Michigan Law Review

Michigan Law Review

Manor Nursing Centers, Inc., made a public offering of 450,000 shares of its common stock at a price of ten dollars per share. Under the provisions of the Securities Act of 1933, a registration statement containing a prospectus was filed with the Securities and Exchange Commission. These documents represented that the offering would be on a best efforts, "all-or-nothing" basis-that is, if all the 450,000 shares were not sold by a specified selling deadline, the proceeds of any sales would be returned to subscribers. The prospectus stated that subscribers' funds would be segregated in an escrow account and that arrangements …


Books Received, Michigan Law Review Jan 1973

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Dean Stason-Mentor, Colleague, And Friend, Paul G. Kauper Jan 1973

Dean Stason-Mentor, Colleague, And Friend, Paul G. Kauper

Michigan Law Review

A Tribute to E. Blythe Stason


Periodical Index, Michigan Law Review Jan 1973

Periodical Index, Michigan Law Review

Michigan Law Review

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


A Complete Bibliography Of Books, Pamphlets, Major Reports, Speeches, And Memoranda Of E. Blythe Stason, Michigan Law Review Jan 1973

A Complete Bibliography Of Books, Pamphlets, Major Reports, Speeches, And Memoranda Of E. Blythe Stason, Michigan Law Review

Michigan Law Review

A Complete Bibliography of Books, Pamphlets, Major Reports, Speeches, and Memoranda of E. Blythe Stason (Unpublished works can be found in the Michigan Historical Collection, Ann Arbor, Michigan)


Front Matter, Michigan Law Review Jan 1973

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 71, Issue 3 of Michigan Law Review


Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green Jan 1973

Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green

Michigan Law Review

In 1946, the Congress of the United States enacted the original Atomic Energy Act as the framework for development, control, and use of atomic energy. This Act provided for the transfer to the new Atomic Energy Commission (AEC), a civilian agency, of the entire atomic energy program which to that point had been conducted by the Manhattan Engineer District, a creature of the United States Army. The Act contemplated that the heart of the nuclear technology-the production of special nuclear material and the use of special nuclear material in both military and civil applications- would be a government monopoly. All …


Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review Jan 1973

Disqualifications For Interest Of Lower Federal Court Judges: 28 U.S.C. § 455, Michigan Law Review

Michigan Law Review

Disqualification of a judge occurs when he is ineligible by law to sit in a particular case. At the Supreme Court level, disqualification is a personal decision of the individual justice, who seldom records the reasons for his decision. Thus, there is little material on the Court's disqualification practices that can be subjected to legal analysis. However, substantial case law on disqualification has developed in the lower federal courts, where the decision of a trial judge to sit or step down in a case may appear in the trial record and is subject to review by a court of appeals. …


Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler Jan 1973

Rheinstein: Marriage Stability, Divorce, And The Law, Robert F. Drinan, Michael Wheeler

Michigan Law Review

A Book Review of Marriage Stability, Divorce, and the Law by Max Rheinstein


The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review Dec 1972

The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review

Michigan Law Review

The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …


Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review Dec 1972

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review

Michigan Law Review

In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …


Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb Dec 1972

Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb

Michigan Law Review

A Review of Impact of New Weapons Technology on International Law: Selected Aspects by Eric Stein


Books Received, Michigan Law Review Dec 1972

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Front Matter, Michigan Law Review Dec 1972

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 71, Issue 2 of Michigan Law Review


Private Trusts For Indefinite Beneficiaries, George E. Palmer Dec 1972

Private Trusts For Indefinite Beneficiaries, George E. Palmer

Michigan Law Review

Recently, in McPhail v. Doulton (In re Baden's Deed Trusts), the House of Lords reached a decision that marks an important change in the English law of trusts which could be important also for American law. It held that there is a single test of validity for private trusts and for powers of appointment where the issue is whether the beneficiaries of the trust or the objects of the power are sufficiently definite, and that this single test is that applicable to powers of appointment. For nearly 170 years, since the decision in Morice v. Bishop of Durham, …


Periodical Index, Michigan Law Review Dec 1972

Periodical Index, Michigan Law Review

Michigan Law Review

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


Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield Dec 1972

Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield

Michigan Law Review

There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it …


Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren Dec 1972

Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren

Michigan Law Review

A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich


The Presidential Monopoly Of Foreign Relations, Raoul Berger Nov 1972

The Presidential Monopoly Of Foreign Relations, Raoul Berger

Michigan Law Review

Because of the widespread ramifications of foreign relations, discussion must perforce be confined to presidential executive agreements, and whether the Senate may be excluded from knowledge of, and participation in, negotiations with foreign nations as a part of the treaty-making process. Mention only can be made of the legislative shortcomings which have contributed to the all but total takeover of foreign relations by the President, and of the need for procedural reform in the Senate if its participation is to be effective. Could we view the matter as an original question, that is, were we drafting or amending a Constitution …


Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen Nov 1972

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …


The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review Nov 1972

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2


Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate Nov 1972

Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate

Michigan Law Review

A Book Review of Income Taxation of Foreign Related Transactions by Rufus von Thülen Rhoades


Books Received, Michigan Law Review Nov 1972

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Front Matter, Michigan Law Review Nov 1972

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 71, Issue 1 of Michigan Law Review


Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer Nov 1972

Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer

Michigan Law Review

Within the current wave of criticism directed at the federal administrative agencies, a traditional theme of administrative law is frequently echoed: agencies have allowed their proceedings to become over-judicialized, and ought to engage in more rule-making to avoid the slow, cumbersome, and repetitious process of case-by- case adjudication. As if to confirm the urgency of these calls for greater use of the rule-making power, examples occasionally surface which suggest that trial-type proceedings may collapse under their own weight and force some agencies to resort to rule-making if they are to accomplish anything at all. Thus, the Interstate Commerce Commission has …


Ehrenzweig: Psychoanalytic Jurisprudence, Edgar Bodenheimer Nov 1972

Ehrenzweig: Psychoanalytic Jurisprudence, Edgar Bodenheimer

Michigan Law Review

A Book Review of Psychoanalytic Jurisprudence by Albert A. Ehrenzweig


Periodical Index, Michigan Law Review Nov 1972

Periodical Index, Michigan Law Review

Michigan Law Review

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


Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart Aug 1972

Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart

Michigan Law Review

Credit cards have been used as a means of facilitating delayed-payment purchases since early in this century. The first credit card systems were operated by retailers and service organizations in connection with the merchandising of their products. While such programs were used in local markets by department stores, oil companies were the first issuers to recognize the potential of credit card plans in larger geographical areas. In the early 1950's a new phase in credit card development evolved with the emergence of firms engaging solely in the extension of credit. These firms-Diners' Club, American Express, and Hilton Credit Corporation with …


Front Matter, Michigan Law Review Aug 1972

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 70, Issue 8 of Michigan Law Review