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Articles 1 - 8 of 8

Full-Text Articles in Law

Persuader: Mobilization Of Support, Mary Ann Beattie Dec 1968

Persuader: Mobilization Of Support, Mary Ann Beattie

University of Michigan Journal of Law Reform

Law reform can be achieved through precedent-setting case law and through legislation. Each is a time-consuming activity with its own stumbling blocks. To establish law through the case method, one must have a fact situation directly on point with the inequity which one is trying to remedy. In many situations the client must be willing to follow through a long process of trial and appeal, instead of settling for a more immediate but incomplete resolution of his problem. The costs of litigation may become an insurmountable problem. Another difficulty with the test case as a vehicle for law reform is …


Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii Dec 1968

Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii

University of Michigan Journal of Law Reform

Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …


Draftsman: Formulation Of Policy, Carl Schier Dec 1968

Draftsman: Formulation Of Policy, Carl Schier

University of Michigan Journal of Law Reform

Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …


Hospital Emergency Service And The Open Door, Leonard S. Powers May 1968

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.


Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman May 1968

Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman

Michigan Law Review

What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …


The Adversary Proceeding In The Year 2000, Maurice Rosenberg Apr 1968

The Adversary Proceeding In The Year 2000, Maurice Rosenberg

University of Michigan Journal of Law Reform

The object of this series is to explore the sciences that relate to law for the light that they may shed on the judicial function in time to come. To assess the impact of science and technology on law is at least a full day's work. It requires us to ask in what ways the power and knowledge of science threaten or challenge society now and in years ahead. It also requires us to ask how we can harness scientific knowledge and power for the law's needs today, and for needs as yet unknown.


Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review Mar 1968

Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review

Michigan Law Review

Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …


Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan Mar 1968

Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan

Michigan Law Review

A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb