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Articles 1 - 30 of 45
Full-Text Articles in Law
Reflections From A Different Perspective, B. J. George Jr.
Reflections From A Different Perspective, B. J. George Jr.
University of Michigan Journal of Law Reform
A signal fact of the 1960's is the widespread attention being paid to modernization of America's criminal law and procedure. After nearly a century of patchwork adjustments of state codes or fragmentary modification of the common law, the federal government and a great many states are moving toward new substantive codes and new codes or rules of criminal procedure. As one who has been working as a reporter in Michigan's endeavor to revise its criminal law and procedure, I have been asked to comment in a general way on Mr. Robinson's effort at reforming Wisconsin law.
Persuader: Mobilization Of Support, Mary Ann Beattie
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 …
A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson
A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson
University of Michigan Journal of Law Reform
In this article we analyze the arrest chapter of the proposed code as it was substantially completed at the time the project was terminated, although it has been updated to accommodate relevant recent case law. We examine the need for guiding principles in drafting a code, the proper aims and organization of the code, the proposed provisions of the arrest chapter, and the law and practice which recommend both the principles and the provisions.
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
University of Michigan Journal of Law Reform
The natural question raised by the passage of "Tenant Rights" legislation is whether the new law helps or hinders the practicing attorney representing tenants. In analyzing the package of Tenant Rights Bills enacted in Michigan in 1968 this article will focus on three questions: 1) whether such legislation raises false hopes in being heralded as a major declaration of rights and an effort to solve the problem of housing shortage; 2) whether such legislation actually further oppresses tenants, especially in their exercise of the one effective instrument in their power: collective action; and 3) whether such legislation significantly changes the …
Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn
Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn
University of Michigan Journal of Law Reform
While secured lenders may have been content to ride the crest of judicial legislation, the only permanent solution to the problem lie in amending either the Bankruptcy Act, the Uniform Commercial Code, or both. This at least is the view taken by the National Bankruptcy Conference's Committee on Coordination of the Uniform Commercial Code and Bankruptcy Act. Since its first meeting in June 1966, the Committee has focused its attention primarily upon the validity, in bankruptcy proceedings, of Article 9 security interests in after-acquired property. In September 1967, the Committee submitted to the Bankruptcy Conference its first draft of a …
Draftsman: Formulation Of Policy, Carl Schier
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, …
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine
Articles
Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …
The Need For Protection Of The Consumer Of Services, Robert M. Feinson
The Need For Protection Of The Consumer Of Services, Robert M. Feinson
Buffalo Law Review
No abstract provided.
Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler
Indiana's Need For Legislative Surgery: A Jurisdictional Transplant, Gregory A. Hartzler
Indiana Law Journal
No abstract provided.
Conflict Of Interest, Edward Perry Johnson
Conflict Of Interest, Edward Perry Johnson
West Virginia Law Review
No abstract provided.
Implied Consent-Highway Safety, William Douglass Goodwin
Implied Consent-Highway Safety, William Douglass Goodwin
West Virginia Law Review
No abstract provided.
Open Housing, Patrick David Deem
Bingo, Richard Edwin Rowe
Election Laws, James Edward Seibert
Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen
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
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 …
Silving: Constituent Elements Of Crime, B. J. George Jr.
Silving: Constituent Elements Of Crime, B. J. George Jr.
Michigan Law Review
A Book Review of Constituent Elements of Crime by Helen Silving
A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram
A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram
University of Michigan Journal of Law Reform
Currently there is a widespread movement toward the revision of state criminal codes. The goals of such an undertaking are varied: (1) to reduce the size of the criminal law by eliminating inconsistent, overlapping, or obsolete provisions; (2) to phrase the prohibitions in clear and concise language; (3) to introduce more modern approaches to the definition and treatment of criminal offenses; and (4) to harmonize the penalty imposed for a particular act with the severity of the act and the penalty for other acts. This paper will concentrate on sex offenses in an attempt to understand the legislative process of …
The Trend In Water Law Development, Jerome Maslowski
The Trend In Water Law Development, Jerome Maslowski
University of Michigan Journal of Law Reform
The basis of public and private rights in the waters of the State of Michigan is grounded principally in the common law. There has been a scarcity of statutory law on the subject and it is only within the last ten years that any statutes have been enacted which seek to delineate public and private rights.
The Keeton-O'Connell Plan: A Catalyst In The Search For A Workable Solution To The Automobile Accident Compensation Problem, Robert B. Conklin
The Keeton-O'Connell Plan: A Catalyst In The Search For A Workable Solution To The Automobile Accident Compensation Problem, Robert B. Conklin
Buffalo Law Review
No abstract provided.
Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review
Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review
Michigan Law Review
This Note will examine the policy bases for the accountant-client privilege and the reception which the privilege has received in federal and state courts. In addition, it will suggest desirable limitations on the scope of the privilege.
Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper
Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper
Michigan Law Review
A cease and desist order is not entered in a vacuum. What an order should say or require depends upon the effect which the order is to have. A substantial portion of the present study is therefore concerned with the array of effects which may result from the order's entry, and with the relationship between those effects and the order itself. Not all of the detailed discussion of enforcement procedures which follows may seem directly relevant to the content of the FTC's orders. There are important unresolved issues within the enforcement procedures themselves which warrant examination for their own sake …
Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.
Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.
Michigan Law Review
Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
Survey Of Abortion Reform Legislation, Anon
Survey Of Abortion Reform Legislation, Anon
Washington Law Review
Abortion statutes seek two ends: 1) a definition of the crime of abortion and 2) the creation of a procedure for implementing the statute definition. Definition is accomplished by declaring purposeful miscarriage unlawful except in certain generalized situations. The procedure then designates who determines when an excepting situation exists. Therefore, the decision to terminate a pregnancy raises two issues—who shall make the decision and on what bases. This note will examine the impact of recent abortion reform legislation on these issues
The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield
The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield
Michigan Law Review
This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …
Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review
Michigan Law Review
In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …
Iu's Wallace Lists Changes Anticipated In Constitution, Lee Nance
Iu's Wallace Lists Changes Anticipated In Constitution, Lee Nance
Leon Wallace (1951-1952 Acting; 1952-1966)
No abstract provided.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Workmen's Compensation Legislative Trends Throughout The Country, Alfred A. Porro Jr.
Cleveland State Law Review
Any attempt to comprehensively analyze the voluminous and detailed Workmen's Compensation and Industrial Employee legislation throughout the United States awakens one to the vast scope of ourmindustrial society. The magnitude of progress in this field dominates all other considerations of this survey, designed to show what aspects of these laws are in the throes of legislative revision, with emphasis on advances in vocational rehabilitation, coverage of public employees, and expansion of occupational disease classifications. This survey encompasses not only legislative revisions, repeals and amendments proposed or pending before State lawmakers, but attempts a preview of future activity.
Session Law 68-008, Florida Senate & House Of Representatives
Session Law 68-008, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.