Digital Commons Network^™

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

Labor Law--Remedies--An Assessment Of The Proposed "Make-Whole" Remedy In Refusal-To-Bargain Cases, Michigan Law Review

Michigan Law Review

The conventional National Labor Relations Board (NLRB) remedy against an employer who has violated section 8(a)(5) of the National Labor Relations Act (NLRA) by refusing to bargain with a properly certified union is a cease-and-desist order coupled with a directive ordering the employer to bargain with the union at the union's request. However, the interval between an employer's initial refusal to bargain and the final entry of a court of appeals' decree enforcing the NLRB's order to bargain has often been of such long duration that unions have complained that the conventional remedy is relatively meaningless and ineffective. The unions' …

Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review

Michigan Law Review

Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

Gleisser: Juries And Justice, Charles S. Desmond

Michigan Law Review

A Review of Juries and Justice by Marcus Gleisser

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

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

Labor Law--Unions--The National Labor Relations Board's Role In Examining The Use Of Union Dues Collected Pursuant To A Union Security Agreement, Michigan Law Review

Michigan Law Review

Under section 8(a)(3) of the National Labor Relations Act (NLRA), a majority union and an employer are permitted to enter into a so-called "union security agreement," which requires all employees in the bargaining unit to tender to the union as a condition of continued employment "the periodic dues and the initiation fees uniformly required" by the union of its members. As long as an employee-whether or not he is a member of the union-is willing to pay the proper initiation fees and the "periodic dues.., uniformly required," the union commits an unfair labor practice if it threatens to request or …

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 67, Issue 1 of Michigan Law Review

The Constitution, Congress, And Presidential Elections, Albert J. Rosenthal

Michigan Law Review

It has been recommended by a prestigious commission of the American Bar Association and endorsed by the ABA's House of Delegates. The Bar Association of the City of New York, which had previously recommended a different proposed amendment, has now shifted its support to direct popular vote, as has Senator Birch Bayh, Chairman of the Subcommittee on Constitutional Amendments of the Senate Committee on the Judiciary. A Gallup poll indicates that 66 per cent of the nation supports this amendment, with only 19 per cent opposed.

It must be remembered, however, that a decision to amend the Constitution is, as …

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Michigan Law Review

A surge of interest and direct involvement with artificial insemination has interposed complicated and presently unsolved legal, social, cultural, religious, emotional, and psychological problems. It is not the purpose of this Article to undertake an exegesis of these interrelated areas or their ramifications. Central consideration, instead, is given to the special legal problems of adultery, illegitimacy, and support and inheritance manifest in any discussion of artificial insemination.

"Street Encounters" And The Constitution: Terry, Sibron, Peters, And Beyond, Wayne R. Lafave

Michigan Law Review

In light of the surfeit of law review commentary on the subject of stop and frisk, a word about what follows is in order. This Article is not intended to be a restatement or summary of the recent debate on stop and frisk. Terry and its companions have put some of the issues to rest and pushed others to the forefront, and with the resulting change in the battle lines the time is ripe for a reassessment. The concern here is with the approach taken by the Supreme Court in Terry, Sibron, and Peters, and the emphasis is …

Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review

Michigan Law Review

The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …

Cohen: The Criminal Process In The People's Republic Of China 1949-1963: An Introduction., And Bodde & Morris: Law In Imperial China: Exemplified By 190 Ch'ing Dynasty Cases With Historical, Social, And Juridical Commentaries, Victor H. Li

Michigan Law Review

A Review of The Criminal Process in the People's Republic of China 1949-1963: An Introduction by Jerome A. Cohen, and Law in Imperial China: Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries by Derke Bodde and Clarence Morris

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by 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

Michigan Law Review

Front Matter for Volume 66, Issue 8 of Michigan Law Review

Silving: Constituent Elements Of Crime, B. J. George Jr.

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving

Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review

Michigan Law Review

Plaintiff-landlord brought an action for possession based on nonpayment of rent in the Landlord-Tenant Branch of the District of Columbia Court of General Sessions. Although the parties stipulated at trial that the rent was 230 dollars in arrears, defendant-tenant contended that the plaintiff was not entitled to possession because the lease was an illegal contract under the District of Columbia Housing Regulations. The trial court rejected this contention and gave judgment for plaintiff. By the time her appeal to the District of Columbia Court of Appeals was heard, the tenant had vacated the premises and no longer desired to contest …

Law And Quantitative Multivariate Analysis: An Encounter, Arnold H. Lozowick, Peter O. Steiner, Roger Miller

Michigan Law Review

This Article chronicles one attempt to blend the sophisticated science of statistics with the mysterious art of the law in an antitrust case. Once again, we hope to provide lawyers with an understanding of a tool which can be used in resolving complex factual questions wherever they arise, not merely in an antitrust context. Although the lawyer will not emerge from this encounter as an accomplished statistician or economist, he may be able to talk to his fellow social scientists and to achieve a more fruitful application of social science techniques to the law.

Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen

Michigan Law Review

It has been said that hard cases often make bad law. The recent decision by the New York Court of Appeals in James v. Powell suggests that easy cases, too, may make bad law-especially where a scholarly judge ventures beyond the demands of the case before him.

Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart

Michigan Law Review

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …

Res Judicata/Preclusion By Judgment: The Law Applied In Federal Courts, Allan D. Vestal

Michigan Law Review

Preclusion is not a simple principle; it is a multifaceted concept affected by a number of relevant variables. A discussion of the principles is meaningful only if specific situations are discussed; to talk in generalities is not profitable. Therefore, for the sake of clarity, this Article will consider several typical situations.

Cound, Friedenthal & Miller: Civil Procedure, Cases And Materials, Arthur J. Lombard

Michigan Law Review

A Book Review of Civil Procedure, Cases and Materials by John J. Cound

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by 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

Index, Michigan Law Review

Michigan Law Review

Contents of Volume 66: Subject Index, Table of Cases, Articles, Authors, Book Reviews

The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review

Michigan Law Review

Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …

Hospital Emergency Service And The Open Door, Leonard S. Powers

Michigan Law Review

This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 66, Issue 7 of Michigan Law Review