Law Commons^™

Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

Constitutional Approaches To Metropolitan Planning, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz

Faculty Articles

Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …

Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter

Research Collection Yong Pung How School Of Law

The recent decision of the Georgia Supreme Court in Georgia Investment Co. v. Norman has raised a number of interesting and difficult questions about the maintenance of class actions in the Georgia courts. The Norman decision could have serious ramifications for courts, lawyers and litigants in Georgia, and if its rationale should find acceptance in other jurisdictions the effects could be much broader in scope. The class action device can be an efficient and relatively inexpensive method for the adjudication of similar claims of a large number of persons in one proceeding. At its best, the class suit can work …

Militants, Moderates, And Social Change, Michael I. Sovern

Faculty Scholarship

The thesis of this paper is a simple generalization: To the extent that social protest draws attention to its form rather than to the grievance it seeks to redress, it is likely to be unproductive. I add a quick qualification. In offering this generalization, I am assuming that the protester is genuine in seeking to redress one or more grievances and that he is not using the grievance as a subterfuge to pick a fight. If the purpose of the protest is in fact to provoke a repressive response, then, of course, my generalization is inapplicable.

We obviously have a …

Prayer Breakfast, American Bar Association, San Francisco, Ca, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

The Unpopular Cause In Times Like These., Leon Jaworski

St. Mary's Law Journal

Abstract Forthcoming.

Political Trends And Life Styles In North Carolina For The Decade 1970, Howard N. Lee

North Carolina Central Law Review

No abstract provided.

Book Review, John H. Davidson Jr.

North Carolina Central Law Review

No abstract provided.

Toward A National Policy On Population Distribution, Steven S. Anderson

Washington Law Review

The purpose of this comment is to explore some of the population problems in modern America. It is written from a lawyer's perspective, in search of pragmatic solutions to real problems. Accordingly, it concentrates on the effects which various laws and policies have on population distribution with a view toward isolating those factors which can be manipulated by government to distribute population in a more rational and desirable manner. Even if no affirmative distribution program is adopted, an increased awareness of the population effects of existing federal activities will serve to eliminate future policy choices which might exacerbate current distribution-related …

The Why, Where And How Of Broadened Public Participation In The Administrative Process, Roger C. Cramton

Cornell Law Faculty Publications

The actions of federal administrative agencies – rules, orders, licenses, loans, grants, contracts, and the like – have enormous effects on individuals and groups. Yet affected persons and groups are not always accorded the opportunity to participate in decision making procedures that affect them. Mr. Cramton argues that broadened public participation will improve administrative decisions and give them greater legitimacy and acceptance. After discussing the types of proceedings in which public participation is desirable and the limitations that should be placed upon it, Mr. Cramton evaluates various proposals for assuring the desired degree of public participation.

Program From The Nineteenth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the nineteenth William W. Cook lectures, held April 3-7, 1972, at the University of Michigan. The lecture series was "Frontiers of Ignorance" by Daniel J. Boorstin.

Selected Materials On Corporate Social Responsibility, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.

The Bases And Range Of Federal Maritime Law: Indicia Of Maritime Competence, Arthur R. Louv

Vanderbilt Journal of Transnational Law

The Constitution and federal statutes of the United States establish three forms of jurisdiction for the federal judiciary--diversity, federal question, and admiralty and maritime. This scheme of multi-based jurisdiction necessarily raises a fundamental problem in our federal judicial system: the interrelation of these grants of power.

Mr. Justice Story, the author of the opinion in Swift v. Tyson, viewed the grants of diversity, federal question, and maritime competence as complementary, and utilized this concept in an attempt to create a uniform body of federal commercial common law. In "Erie Railroad Company v. Tompkins", however, the Supreme Court rejected the principle …

Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt

Vanderbilt Journal of Transnational Law

JUDICIAL REVIEW IN THE CONTEMPORARY WORLD

By Mauro Cappelletti

Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).

reviewer: Max Rheinstein

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THE PRICE OF INTERNATIONAL JUSTICE

Philip C. Jessup

New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.

reviewer: Eugene V. Rostow

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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION

By Irving Louis Horowitz

New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).

reviewer: William O. Thweatt

Drug Songs And The Federal Communications Commission, Sammuel Bufford

University of Michigan Journal of Law Reform

A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …

Indigents, Hospital Admissions And Equal Protection, Charles S. Derousie

University of Michigan Journal of Law Reform

The author surveyed ten hospitals in each of ten states, including hospitals of varying sizes and classifications. Five of the forty-five replies indicated the hospital did not admit all indigents in need of medical care. The primary reason given was that prospective patients not covered by hospital insurance or government programs such as Medicaid or Medicare were usually unable to produce a required preadmission deposit. This practice of requiring a preadmission deposit seems to be common.

A Suggested Legislative Device For Dealing With Abuses Of Criminal Records, Walter W. Steele Jr.

University of Michigan Journal of Law Reform

There are pitfalls apparent in ameliorating the overuse of criminal records. For example, techniques of expunging, sealing, and limiting access do not affect legal status. No amount of expunging, or sealing, or limiting access is truly useful unless civil rights, such as the right to vote, are restored as well. Another problem is the inherent breadth of a criminal record, which can involve acts or allegations of acts ranging from traffic offenses to murder or rape. Thus, it is difficult to draw precise guidelines delineating those parts of the record which may be legitimately used. The apparently illegitimate use of …

Legal Principles And The Limits Of Law, Joseph Raz

Faculty Scholarship

Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L. A. Hart, "have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate 'country' there are legal systems which are broadly similar in structure in spite of important differences." This includes for most people the assumption that laws differ from non-legal rules and principles. There are, for example, moral rules and principles, social …

Reich: The Greening Of American And Skinner: Beyond Freedom And Dignity, Donald H.J. Hermann

Michigan Law Review

A Review of The Greening of American by Charles A. Reich and Beyond Freedom and Dignity by B. F. Skinner

Law Reform And Law For The Layman: A Challenge To Legal Education, Walter Barnett

Vanderbilt Law Review

Most of the current debate over academic neutrality has centered on whether the university as an institution--the faculty and students as a corporate body--should take formal positions on political issues, such as the war in Vietnam. This article will address the related, but perhaps more mundane, question whether law professors should take a more active role in providing legal services to government and to the public when this activity might provoke attacks on academic freedom. Traditionally, law professors who have sought to serve society in ways other than educating lawyers have engaged in the following five extramural activities:' (1) The …

Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.

Scholarly Works

Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …

A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards

Michigan Law Review

It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Book Reviews, Francis E. Barkman, Stephen Gorove

Vanderbilt Law Review

An Anatomy of Values: Problems of Personal and Social Choice

Charles Reich, of Yale Law School, has given us a vision of a whole new society in The Greening of America. Charles Fried, of Harvard Law School, has more limited objectives in An Anatomy of Values: Problems of Personal and Social Choice. He is content for the moment to examine the nature of a rational end and, in light of this analysis, to discuss limited aspects of traditional ends such as morality and justice.

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The Law Relating to Activities of Man in Space:

This book may be regarded as …

The Technique Element In Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi Holtzman Golding

Vanderbilt Law Review

Any discussion of the ethical issues in population limitation and redistribution must begin by focusing upon the definition of "the problem," because how one views the problem, and its urgency and gravity, inevitably determines whether there is something that ought to be done and what it is that ought to be done.

As laymen in many of the areas that are relevant to the population problem, we are forced to rely on the expert knowledge of others. It would be highly salutary if there were a body of received opinion that could be used without hesitation. Unfortunately, on many crucial …

Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review

Michigan Law Review

This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.

Review Of Law In A Changing America, Richard O. Lempert

Reviews

This collection of essays, prepared as background reading for a conference sponsored by the American Assembly and the American Bar Foundation on the goals of the legal profession in the years ahead, begins and ends with a bow toward changing America. The first chapter is an attempt by sociologist Wilbert Moore, the only non-lawyer among the essayists, to sketch generally the patterns of social and political structure likely to pertain in the near future.

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.