Digital Commons Network^™

Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger

Michigan Law Review

A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett

Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein

Michigan Law Review

The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …

Community Control, Public Policy, And The Limits Of Law, David L. Kirp

Michigan Law Review

This Article deals with those two points of conflict-disputes about governance, race, and political power; and constitutional concerns, rooted in Brown v. Board of Education, about racially heterogeneous education. Both are central to understanding, and to giving content to, the disagreements about community control. The questions about power provide a context within which to understand the terms of the debate. The constitutional discussion suggests some inevitable judicial difficulties in resolving disputes that emerge from the debate. Such questions are increasingly before the courts, whose decisions may alter the bounds of acceptable conduct in ways that permit or deny the …

A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.

Michigan Law Review

It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …

Labor Law--Boycotts And Strikes--Picketing--The Picketing Of An Independent Warehouse I Which A Primary Employer's Goods Are Stored-- Steelworkers, Local 6991 (Auburndale Freezer Corp.), Michigan Law Review

Michigan Law Review

When a group of employees strike against their own employer--the primary employer-their purpose usually is to disrupt his operations in the hope that economic pressure will persuade or coerce him to meet their demands. They may picket the primary employer's premises in order to publicize the strike or to try to persuade fellow employees to join it; and even if the picketing induces third persons not to deal with the primary, the employees' activity constitutes protected primary picketing. If the goal of the striking employees is in fact to publicize the strike and to persuade their co-workers, they will naturally …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Fisher: International Conflict For Beginners, Stanley D. Metzger

Michigan Law Review

A Review of International Conflict for Beginners by Roger Fisher

Periodical Index, Michigan Law Review

Michigan Law Review

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

Equity And The Eco-System: Can Injunctions Clear The Air?, Michigan Law Review

Michigan Law Review

On April 22, 1970, a number of private groups in the United States sponsored "Earth Day," an attempt to turn the attention of the population to matters of environmental concern. The dramatically favorable response to the idea of "Earth Day" suggests the extent to which more and more persons are becoming worried about ecological destruction. One of the methods of preventing that destruction, the obtaining of injunctions against industrial polluters, is the subject of this Comment. The central focus of this Comment is upon the injunction as a means of preventing air pollution, but most of the substance is equally …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 68, Issue 6 of Michigan Law Review

Motor Vehicle Air Pollution: State Authority And Federal Pre-Emption, David P. Currie

Michigan Law Review

The problem of state authority over motor vehicle air pollution was recently highlighted when the Illinois Air Pollution Control Board, for the first time, adopted regulations to deal with vehicle emissions. Those regulations are disappointingly feeble. Except for outlawing visible smoke and for making it unlawful to dismantle pollution control devices, the new rules do nothing but state that the Board may decide to do something in the future about pollution from automobiles.

In attempting to improve upon these regulations, however, one is struck with a sense of considerable futility. Given the present limits of technology and the necessarily legislative …

Foreword: Environmental Quality, The Courts, And The Congress, Henry M. Jackson

Michigan Law Review

In America, we have traditionally equated progress with gross national product, with the accumulation of personal goods, with economic development, and with miles of roads, numbers of kilowatts, and acres of land. We have been easily impressed by quantitative measures of who we are as a people and where we are going as a nation.

In many respects the ways we measure progress reflect our society's traditional emphasis on the accumulation of material goods and the expansion of commerce and technology. Our success in achieving these goals is apparent from the statistics. We produce more than ten million automobiles annually. …

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

Legal Aspects Of A Federal Water Quality Surveillance System, Jon T. Brown, Wallace L. Duncan

Michigan Law Review

Collection of water quality data is also important for the purpose of determining the present and future needs for water resources and for the purpose of determining the proper allocation of limited financial resources among those needs. In addition, such data are necessary in order to conduct research studies and in order to determine water quality trends for the purposes of long-range planning.

Perhaps the best way to collect such data would be to establish a national surveillance system designed to monitor the quality of the nation's water resources. Such a national system is currently under consideration by the Federal …

Preservation Of America's Open Space: Proposal For A National Land-Use Commission, Paul N. Mccloskey Jr.

Michigan Law Review

Environmental hazards may be divided into four types: those affecting air, those affecting water, those affecting quietude, and those affecting landscape. This Article will focus on the last of these hazards and will analyze a single aspect of it: the continuing loss of open-space lands. I suggest that this loss can be controlled only if we are willing, in the next decade, to review and to overhaul our entire basic system of land use and tax laws, accepting no present law as sacred other than the constitutional guarantee of just compensation for the taking of private property.

Securing, Examining, And Cross-Examining Expert Witnesses In Environmental Cases, David Sive

Michigan Law Review

It is necessary at the outset to define the scope of the problem with which this Article will deal. Environmental cases are litigated in both judicial and administrative tribunals. The judicial proceedings include plenary actions and special proceedings and are heard in both federal and state courts. The administrative proceedings include licensing proceedings before federal agencies such as the Federal Power Commission and Atomic Energy Commission. Whether such administrative proceedings are deemed quasi-judicial or not, they are within the scope of this Article so long as they are adversary and involve testimony under oath, examination and cross-examination of witnesses, a …

The Conservationists And The Public Lands: Administrative And Judicial Remedies Relating To The Use And Disposition Of The Public Lands Administered By The Department Of The Interior, Michigan Law Review

Michigan Law Review

The scope of the Department's functions is vast, and the statutory and regulatory materials dealing with those functions are overwhelming in their complexity and breadth. For that reason, this Comment will not seek to make an exhaustive examination of the agency's functions and procedures; rather, it will attempt to provide a selective illustration of the agency's procedures and functions and to concentrate on adjudicatory and review procedures, including judicial review. Because recent years have seen a marked increase in attention to resources and to conservation issues by persons and groups not otherwise directly concerned with the disposition of public lands, …

Jurisdiction--Atomic Energy--Federal Pre-Emption And State Regulation Of Radioactive Air Pollution: Who Is The Master Of The Atomic Genie?, Michigan Law Review

Michigan Law Review

Pending litigation between the Minnesota Pollution Control Agency and Northern States Power Company presents a potential federal-state conflict over the right of a state to impose upon operators of nuclear power plants more exacting pollution control standards than those required by regulations of the Atomic Energy Commission (AEC). The AEC issued Northern States Power Company a permit to construct a nuclear power generating plant in Monticello, Minnesota. The regulations under which that permit was issued place a ceiling on the amount of radioactive effluents which can be discharged into the air during the course of the plant's operations. But under …

Marine: America The Raped: The Engineering Mentality And The Devastation Of A Continent, Owen Olpin

Michigan Law Review

A Review of America the Raped: The Engineering Mentality and the Devastation of a Continent by Gene Marine

Periodical Index, Michigan Law Review

Michigan Law Review

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

Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia

Michigan Law Review

The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.

Attachment And Garnishment--Constitutional Law--Due Process Of Law--Garnishment Of Wages Prior To Judgment Is A Denial Of Due Process: The Sniadach Case And Its Implications For Related Areas Of The Law, Michigan Law Review

Michigan Law Review

The question of the constitutionality of prejudgment wage garnishment had never before reached the Supreme Court, although in McKay v. Mclnnes, a 1929 memorandum decision, the Court had upheld a statute providing for prejudgment attachment. McKay, which was cited as controlling by the Wisconsin court in its disposition of the constitutional argument in Sniadach, involved an attachment of realty and stock to satisfy a debt. Justice Douglas, writing for the Court in Sniadach, distinguished that case from one involving wage garnishment with the statement that "[a] procedural rule that may satisfy due process for attachments in general ... …

Military Law--Military Jurisdiction Over Crimes Committed By Military Personnel Outside The United States: The Effect Of O'Callahan V. Parker, Michigan Law Review

Michigan Law Review

Until recently, it had generally been considered that the minimum condition necessary to justify the invocation of military jurisdiction was the offender's "status" as "a person who can be regarded as falling within the term 'land and naval forces.' " In O' Callahan v. Parker, however, the United States Supreme Court determined that while military status is still requisite to the attachment of military jurisdiction, it is not a sufficient basis in and of itself to warrant trial by a military tribunal. In a five to three decision authored by Justice Douglas, the Court held that in order for military …

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …

Carrington: Civil Procedure: Cases And Comments On The Process Of Adjudication, Jerome A. Barron

Michigan Law Review

A Review of Civil Procedure: Cases and Comments on the Process of Adjudication by Paul D. Carrington

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 68, Issue 5 of Michigan Law Review

Supplying Organs For Transplantation, Jesse Dukeminier Jr

Michigan Law Review

The possibility that a market for organs will develop arises as a result of recent scientific successes in interchanging human parts and the consequent imbalance that has arisen between the quantity of organs supplied and the quantity demanded. Currently, and in the foreseeable future, unless our laws are changed, the quantity supplied will not equal the quantity demanded at a zero price. When useful items are in short supply in a market economy monetary inducements to increase the supply are commonly offered. The question then arises whether society should permit such inducements in order to ensure a satisfactory supply of …

Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review

Michigan Law Review

During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review