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Full-Text Articles in Law
General Legislation, S. Barrow
General Legislation, S. Barrow
California Regulatory Law Reporter
No abstract provided.
Libel Reform: An Appraisal, C. Thomas Dienes
Libel Reform: An Appraisal, C. Thomas Dienes
University of Michigan Journal of Law Reform
Today, I am going to talk about the law of libel. A major part of my work at U.S. News is prepublication review of U.S. News and World Report and The Atlantic. I make difficult decisions such as assessing the risk that the Ayatollah Khomeini might sue the magazine for libel. I am not sure if you can libel the Ayatollah, but be careful if you do-he has very potent remedies. I will not focus on the law of libel as it is practiced in Michigan or in other states today. Instead, I want to examine proposals for the …
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski
University of Michigan Journal of Law Reform
The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.
Assembly Office Of Research, E. D'Angelo
Assembly Office Of Research, E. D'Angelo
California Regulatory Law Reporter
No abstract provided.
Principles, Politics, And Constitutional Law, Mark Tushnet
Principles, Politics, And Constitutional Law, Mark Tushnet
Michigan Law Review
The contrast in Senator Thurmond's performance in hearings concerning Judge Bork, whose nomination he supported, and Justice Marshall, whose nomination he opposed, suggests the apparently cynical view that one's position on the proper scope of senatorial inquiry during a nomination depends upon one's position on the merits of the nomination. Much has been written, usually provoked by controversial nominations, about the proper scope of senatorial inquiry. The press of immediate controversy, however, diverts attention from more fundamental issues about the nature of constitutional government, to which I devote this essay.
General Legislation, R. Nichols
General Legislation, R. Nichols
California Regulatory Law Reporter
No abstract provided.
Misreading The Williams Act, Lyman Johnson, David Millon
Misreading The Williams Act, Lyman Johnson, David Millon
Michigan Law Review
This Article examines the emerging controversy over preemption of the most potent of recent antitakeover laws, the so-called business combination statutes recently passed by Delaware, New York, and other states, and Pennsylvania's director-approval statute. After examining the strategy employed by the states to shield these statutes from constitutional attack, we consider the issues raised by the preemption claim and the arguments currently being advanced by the SEC and others in favor of preemption. Resolving the preemption controversy requires inquiry into the original meaning and objectives of the Williams Act. We argue that this should involve attention not only to the …
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer
Michigan Law Review
This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …
General Legislation, R. Nichols
General Legislation, R. Nichols
California Regulatory Law Reporter
No abstract provided.
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Michigan Law Review
This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …
On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier
On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier
Michigan Law Review
In the November 1986 issue of the Michigan Law Review, Professor Eric Stein addressed the then-recent German legislation prohibiting the "Auschwitz lie." The "Auschwitz lie" refers to contemporary attempts to deny the historical truth of the Holocaust.
In the time since his article was published, Professor Stein has corresponded with several European scholars on the issues raised by the 1985 legislation. That correspondence, though brief, highlights the contentious aspects of Professor Stein's analysis; it suggests that the issues of restricting "historical speech," promoting national consciousness, attributing collective guilt, and identifying the role of courts in punishing historical lies remain troublesome …
The Status Of Normalized Drafting: The Need For Theory Building And Empirical Verification, Peter Ziegler
The Status Of Normalized Drafting: The Need For Theory Building And Empirical Verification, Peter Ziegler
Osgoode Hall Law Journal
"Normalized legal drafting" has been defined as "a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized." Although many legal academics over a number of years have asserted that there are many benefits to be obtained through use of the principles of normalized drafting in the enactment of legislation, surprisingly only one formal empirical study has been reported that indicates that the theory of normalized drafting may provide for the effective enactment of legislative policy. This paper examines the subject of …
Perestroika, Glasnost And Law Reform In The Soviet Union Today, V K. Zabigailo
Perestroika, Glasnost And Law Reform In The Soviet Union Today, V K. Zabigailo
Dalhousie Law Journal
Three years have passed since the elaboration, on the initiative of the Communist Party of the Soviet Union, of a new strategy of action for Soviet society - the acceleration of the country's social-economic development. Today this strategy is finding wide implementation in the policy of perestroika, the revolutionary renewal of society and profound changes in every sphere of its life - political, economical, social and spiritual. Formulated at the April Plenary Session of the Central Committee of the Communist Party of the Soviet Union in 1985 and the 27th Party Congress in 1986, the concept ofperestroika is based on …
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Indiana Law Journal
No abstract provided.
Legislative Inaction And The Patterson Case, Earl M. Maltz
Legislative Inaction And The Patterson Case, Earl M. Maltz
Michigan Law Review
In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …
Missing The Point About State Takeover Statutes, Lyman Johnson, David Millon
Missing The Point About State Takeover Statutes, Lyman Johnson, David Millon
Michigan Law Review
In a recent article in this journal, Professor Richard Booth offers an extended appraisal of state legislation regulating hostile corporate takeovers. We think Booth's article requires comment for two reasons. The first reason is perhaps more obvious, though less interesting from our point of view. To be blunt, "unfairness" to shareholders due to coercion arising out of two-tier or partial offers simply does not occur with enough frequency to warrant a sixty-seven-page article in a major law review. According to recent congressional testimony by SEC Commissioner Cox, from 1982 to 1986 the number of two-tier offers declined from 18% of …
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman
Michigan Law Review
Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …
Administration Of Estates, University Of The Pacific; Mcgeorge School Of Law
Administration Of Estates, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Agriculture, University Of The Pacific; Mcgeorge School Of Law
Agriculture, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Consumer Protection, University Of The Pacific; Mcgeorge School Of Law
Consumer Protection, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Civil Procedure, University Of The Pacific; Mcgeorge School Of Law
Civil Procedure, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Domestic Relations, University Of The Pacific; Mcgeorge School Of Law
Domestic Relations, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Business Associations And Professions, University Of The Pacific; Mcgeorge School Of Law
Business Associations And Professions, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Evidence, University Of The Pacific; Mcgeorge School Of Law
Evidence, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Insurance, University Of The Pacific; Mcgeorge School Of Law
Insurance, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Education, University Of The Pacific; Mcgeorge School Of Law
Education, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Crimes, University Of The Pacific; Mcgeorge School Of Law
Crimes, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.