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Articles 4411 - 4440 of 12807
Full-Text Articles in Entire DC Network
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Michigan Law Review
A Review of Advertising in America: The Consumer View by Raymond A. Bauer and Stephen A. Greyser
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …
Sax: Water Law, Planning And Policy: Cases And Materials, Lynton K. Caldwell
Sax: Water Law, Planning And Policy: Cases And Materials, Lynton K. Caldwell
Michigan Law Review
A Review of Water Law, Planning and Policy: Cases and Materials by Joseph L. Sax
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Michigan Law Review
In programs of housing improvement and slum clearance, public agencies must often make difficult choices between the exercise of public powers of land acquisition, which require the payment of compensation, and public powers of noncompensatory regulation, which require no payment of compensation. This Article focuses on three of these programs-building demolition, urban renewal, and housing code enforcement. Public agencies may demolish slum dwellings, one at a time, without compensation. Title to the cleared site is not affected and remains in the owner after the building has been demolished. Under statutory powers of urban renewal, local public agencies may designate entire …
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Michigan Law Review
The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …
Periodical Index, 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
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
Michigan Law Review
No overriding theory has heretofore been proposed capable of allocating the various rules of decision in free exercise cases according to an appropriate classification of fact situations. This Article suggests an objective sociological approach to defining and weighing the governmental and religious interests inhering in a given free exercise claim in order to eliminate value preferences from the constitutional weighing process. Religious interests will be ranked according to functional criteria internal to all religious systems and not dependent upon the belief content of any given sect. State interests will be analyzed in terms of formalized modes of governmental action involving …
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Michigan Law Review
This Article considers first the general understanding of legal scholars and criminologists regarding the deterrent effect of legal sanctions; a second part summarizes current knowledge concerning the effects of legal sanctions in controlling driver behavior; and a concluding section evaluates briefly the methods available for the development of needed new knowledge.
Reapportionment--Legislative Bodies--Significant Deviation From Standard Of Substantial Population Equality Of State Legislative Districts Is Permissible To Provide Representatives For Two Island Counties--Vigneault V. Secretary Of The Commonwealth, Michigan Law Review
Michigan Law Review
Since Baker v. Carr, when the Supreme Court overruled a long line of earlier decisions and concluded that the relationship of the equal protection clause to a state's power to create geographical districts for legislative representation was a justiciable issue, state apportionment plans have come under increasing judicial scrutiny. In Gray v. Sanders, the Court held invalid a Georgia primary election plan which favored voters from rural areas. Although Gray dealt with the dilution of individual voting rights rather than legislative reapportionment, it is important as the first enunciation of the now-famous "one man-one vote" test. Specifically, the …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 67, Issue 3 of Michigan Law Review
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
Michigan Law Review
This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Michigan Law Review
The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Michigan Law Review
The principal case emphasizes the general conflict between an employee's right of self-organization under section 7 of the NLRA and the employer's right, as a property owner, to control access to his plant premises. Face-to-face contact between employees and trained union organizers at the workplace would undoubtedly be the most effective way for the union to impart organizational information to the employees. But this assumption overlooks the legitimate interests of the employer; to permit organizational activities in all parts of the plant at any time would be unduly destructive of both plant production and discipline and could result in the …
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Michigan Law Review
Sperry and Hutchinson Company (S & H), the largest trading stamp company in the United States, has maintained two policies throughout its seventy-two years of business. The one-for-ten policy requires retailers licensed by S & H to issue stamps to consumers at the rate of one stamp for every ten cents worth of merchandise purchased. The intent of this policy is to prevent retailers from engaging in "multiple stamping"-the practice of giving more than one stamp for every ten-cent purchase. This restricted rate of issuance is maintained through contractual agreements between the stamp company and its licensees. The second policy …
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Michigan Law Review
A Review of Concerning Dissent and Civil Disobedience by Abe Fortas
Cramton & Currie: Conflict Of Laws: Cases--Comments--Questions, Robert A. Leflar
Cramton & Currie: Conflict Of Laws: Cases--Comments--Questions, Robert A. Leflar
Michigan Law Review
A Review of Conflict of Laws: Cases--Comments--Questions by Roger C. Cramton and David P. Currie
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, 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
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 67, Issue 2 of Michigan Law Review
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Michigan Law Review
"It" is not enough for the knight of romance," Justice Holmes once reminded us, "that you agree that his lady is a very nice girl-if you do not admit that she is the best that God ever made or will make, you must fight." So, too, with the admirers of the Chief Justice and their "fair lady." For the moment, Earl Warren is enjoying the lavish praise that is not uncommonly ladled out when a man voluntarily decides to end a long and important government career. The contents of this issue of the Michigan Law Review may be taken as …
The Warren Court: An Editorial Preface, Michigan Law Review
The Warren Court: An Editorial Preface, Michigan Law Review
Michigan Law Review
This Symposium is designed to offer a series of perspectives on the degree to which the Supreme Court, under the leadership of Earl Warren, has succeeded in adapting the principles of fundamental law to the social upheavals and economic developments of the last decade and a half.
Reapportionment: Success Story Of The Warren Court, Robert B. Mckay
Reapportionment: Success Story Of The Warren Court, Robert B. Mckay
Michigan Law Review
The fascinating thing about this major engagement of the Warren Court is that the principal decisions came to the Court late-1962 and after. Although these decisions precipitated a revolution in the concept and practice of legislative representation at every level of government, they were implemented quickly and with surprisingly little dislocation. The following remarks are intended to report the fact of that adjustment and to explain, to the extent the phenomenon is now understandable, why the change was so easily accomplished. When compared with the delay in public acceptance of decisions in the other areas mentioned above, the success of …
The Warren Court And Desegregation, Robert L. Carter
The Warren Court And Desegregation, Robert L. Carter
Michigan Law Review
When Chief Justice ·warren assumed his post in October 1953, the underpinnings of the "separate but equal" concept had become unmoored beyond restoration. Full-scale argument on the validity of apartheid in public education was only weeks away, and the portent of change in the constitutional doctrine governing American race relations was unmistakable. Although the groundwork had been carefully prepared for the Chief Justice's announcement in Brown v. Board of Education that fundamental principles forbade racial segregation in the nation's public schools, the decision, when it was delivered on :May 17, 1954, was more than a break with the past. In …
The Warren Court And Criminal Procedure, A. Kenneth Pye
The Warren Court And Criminal Procedure, A. Kenneth Pye
Michigan Law Review
On October 5, 1953, Earl Warren became Chief Justice of the United States. During the fifteen years of his tenure as Chief Justice, fundamental changes in criminal procedure have resulted· from decisions of what is popularly called "the Warren Court." There may be a legitimate difference of opinion whether these changes constitute a "criminal law revolution" or merely an orderly evolution toward the application of civilized standards to the trial of persons accused of crime. Whatever the characterization, however, there can be little doubt that the developments of the past fifteen years have unalterably changed the course of .the administration …
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
Michigan Law Review
The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
Michigan Law Review
There are several ways to give at the outset, in quick summary, an over-all impression of the Warren Court in the area of the first amendment. The quotation in the title can for many reasons be taken as its trademark. The quotation comes, of course, from a statement about public debate made in the Court's preeminent decision, New York Times v. Sullivan, and it carries echoes of Alexander Meiklejohn. We have, according to Justice Brennan, "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open .... " What catches the eye is …
The Warren Court And The Press, John P. Mackenzie
The Warren Court And The Press, John P. Mackenzie
Michigan Law Review
The conventional wisdom about the relationship between the ·warren Court and the news media runs something like this: With a few exceptions, the press corps is populated by persons with only a superficial understanding of the Court, its processes, and the values with which it deals. The Court has poured out pages of legal learning, but its reasoning has been largely ignored by a result-oriented news industry interested only in the superficial aspects of the Court's work. The Court can trace much of its "bad press," its "poor image," to the often sloppy and inaccurate work of news gatherers operating …
The Warren Court And The Political Process, William M. Beaney
The Warren Court And The Political Process, William M. Beaney
Michigan Law Review
Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …