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Michigan Law Review

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Books Received, Michigan Law Review May 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Periodical Index, Michigan Law Review May 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries May 1969

Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries

Michigan Law Review

A Review of Implementing a New Constitution: The Michigan Experience by Albert L. Sturm and Margaret Whitaker


Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review Apr 1969

Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 2-302 of the Uniform Commercial Code (Code) provides that a court may refuse to enforce all or part of a contract if it finds that the contract, or any part of it, was unconscionable when made. In American Home Improvement, Inc. v. MacIver the Supreme Court of New Hampshire apparently held that a price substantially in excess of the value of the goods and services sold was sufficient in itself to constitute unconscionability under this provision of the Code. The high price was at least in part attributable to high time-credit charges, and, as noted by the court, the …


Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review Apr 1969

Constitutional Law--Equal Protection--Property Ownership Qualifications On The Right To Vote In Special Municipal Elections--Cipriano V. City Of Houma, Michigan Law Review

Michigan Law Review

Plaintiff, a resident of Houma, Louisiana, who owned no real property, brought a class action seeking to prevent the city from issuing utility revenue bonds approved by a vote of the property taxpayers at a special election. He argued that the Louisiana statute restricting the right to vote in such elections to property owners was unconstitutional. Plaintiff relied on Harper v. Virginia Board of Elections, in which the Supreme Court declared that Virginia's required payment of poll taxes for voting in general elections was a violation of the equal protection clause of the fourteenth amendment. Harper, he claimed, …


Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review Apr 1969

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review

Michigan Law Review

The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …


Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman Apr 1969

Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman

Michigan Law Review

A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard


Front Matter, Michigan Law Review Apr 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 6 of Michigan Law Review


Schwartz: Rights Of The Person, Hans A. Linde Apr 1969

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz


Jennings & Marsh, Jr: Securities Regulation: Cases And Materials (2d Ed.), Homer Kripke Apr 1969

Jennings & Marsh, Jr: Securities Regulation: Cases And Materials (2d Ed.), Homer Kripke

Michigan Law Review

A Review of Securities Regulation: Cases and Materials (2d ed.) by Richard W. Jennings and Harold Marsh, Jr.


Periodical Index, Michigan Law Review Apr 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …


Books Received, Michigan Law Review Apr 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Front Matter, Michigan Law Review Mar 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 5 of Michigan Law Review


State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith Mar 1969

State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith

Michigan Law Review

The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …


Strikes And Public Employment, Theodore W. Kheel Mar 1969

Strikes And Public Employment, Theodore W. Kheel

Michigan Law Review

In public employment there has been an increasing resort to strikes in all parts of the nation by employees previously immune--teachers, policemen, firemen, welfare workers, garbage collectors, hospital attendants, doctors, nurses, and zoo keepers. The strike fever is contagious, and leapfrogging demands and multiplying disputes leave government hesitant, defensive, and distracted from the unresolved problems of our urban crisis. The basic question-and the great challenge-is how to prevent strikes that imperil the public interest while still providing millions of public employees with the opportunity to participate in the process of determining the conditions of their work, an opportunity not only …


Strikes And Impasse Resolution In Public Employment, Arvid Anderson Mar 1969

Strikes And Impasse Resolution In Public Employment, Arvid Anderson

Michigan Law Review

Experience indicates that in most instances the right to strike is not an essential part of the public employment collective bargaining process.18 Thus, the crucial issue is not really whether strikes should be permitted or prohibited in the public sector, but whether the collective bargaining process itself can be made so effective absent the right to strike that the need for work stoppages will be obviated. It is my conclusion that certain proven impasse resolution procedures--mediation, fact-finding, and in some cases, even arbitration--can be substituted for the strike weapon in public employment without substantial loss in the effectiveness of collective …


The Appropriate Unit Question In The Public Service: The Problem Of Proliferation, Eli Rock Mar 1969

The Appropriate Unit Question In The Public Service: The Problem Of Proliferation, Eli Rock

Michigan Law Review

The purpose of this Article is to focus on certain distinguishing aspects of both the problem and the experience in the public sector, and to discuss a possible approach or philosophy for the future. The primary concern here is undue proliferation of units among the large pool of blue-collar and white-collar employees in the public service. No attempt will be made to deal with special groups such as policemen and firemen, in which the unit question is less difficult. Nor will I discuss the unique problems of supervisors and professional employees, such as teachers, which are sufficiently important and complex …


Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs Mar 1969

Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs

Michigan Law Review

This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.


The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus Mar 1969

The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus

Michigan Law Review

The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …


Collective Bargaining In Higher Education, Ralph S. Brown Jr. Mar 1969

Collective Bargaining In Higher Education, Ralph S. Brown Jr.

Michigan Law Review

Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.


The Coming Revolution In Public School Management, Donald H. Wollett Mar 1969

The Coming Revolution In Public School Management, Donald H. Wollett

Michigan Law Review

Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.


Periodical Index, Michigan Law Review Mar 1969

Periodical Index, Michigan Law Review

Michigan Law Review

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


Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus Mar 1969

Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus

Michigan Law Review

It is to the basic financial and administrative constraints upon the powers of local governing units that this Article is primarily directed. The examples used are taken largely from Michigan experience and Michigan law. The same limitations upon the financial and administrative powers of local government, however, exist in almost all other states. The Michigan experience with public administration and public employee bargaining should provide both a warning and a guide to other states as they cope with the so-called public employee revolution.


Books Received, Michigan Law Review Mar 1969

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review


Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review Feb 1969

Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review

Michigan Law Review

If a decedent possessed any of the incidents of ownership of a life insurance policy, or if the policy proceeds were payable to his executor, the entire amount of the insurance proceeds is included in his estate for estate tax purposes under section 2042 of the Internal Revenue Code of 1954 (Code). However, if the decedent had transferred ownership of the policy to another person in a transaction that both met the requirements of section 2042 and was not regarded as "in contemplation of death," but continued to pay the insurance premiums until his death, it is unclear whether any …


Front Matter, Michigan Law Review Feb 1969

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 4 of Michigan Law Review


Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review Feb 1969

Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review

Michigan Law Review

This Note will present such an analysis, investigate the deficiencies of the current language in the Uniform Code of Military Justice, and suggest an alternative to the elusive standard that presently exists.


Tigar: Selective Service Law Reporter, Edward A. Tomlinson Feb 1969

Tigar: Selective Service Law Reporter, Edward A. Tomlinson

Michigan Law Review

A Review of Selective Service Law Reporter editor-in-chief, Michael E. Tigar


Levy: Origins Of The Fifth Amendment, O. John Rogge Feb 1969

Levy: Origins Of The Fifth Amendment, O. John Rogge

Michigan Law Review

A Review of Origins of the Fifth Amendment by Leonard W. Levy