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Full-Text Articles in Law
Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye
Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye
University of Michigan Journal of Law Reform
As a result of public criticism and increasingly strained relations between diplomatic communities and local communities, Congress recently enacted legislation that dramatically changes United States diplomatic immunity law. This legislation eliminates the complete immunity from criminal and civil law proceedings that was afforded most foreign diplomats and their staffs, and establishes the rules of the Vienna Convention on Diplomatic Relations as the measure of diplomatic immunity in the United States. This article will examine the theoretical justification for diplomatic immunity and its application in the United States. The manner in which the recently enacted legislation alters United States diplomatic immunity …
Municipal Bankruptcy: The Need For An Expanded Chapter Ix, Daniel J. Goldberg
Municipal Bankruptcy: The Need For An Expanded Chapter Ix, Daniel J. Goldberg
University of Michigan Journal of Law Reform
New York City's default crisis in 1975 presented to Congress and the nation the possibility of a major municipality's entering the federal bankruptcy court. Chapter IX of the Bankruptcy Act, as recently amended by Congress, provides the exclusive remedy by which local governmental units may obtain relief from burdensome indebtedness. Unlike certain other chapters of the Bankruptcy Act, Chapter IX is limited to a voluntary composition or extension of indebtedness. In recent years municipalities have developed complex systems of financing, while experiencing unprecedented expansion in the services which they must provide. Accordingly, a mere composition of municipal indebtedness is no …
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe
University of Michigan Journal of Law Reform
In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …
Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene
Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene
University of Michigan Journal of Law Reform
The first section of this article summarizes the vast differences between the rights of public and private employees to strike. The second section focuses on likely obstacles to a governmental suit to enjoin shutdowns in the broadest segment of American private industry-the segment in which labor relations are governed by the National Labor Relations Act (NLRA). The final section of the article suggests a legislative solution to the problem, fashioned after existing statutory remedies for limiting certain strikes by public employees.
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
University of Michigan Journal of Law Reform
This note examines what seems to be the most viable solution for metropolitan problems in Michigan: county home rule, as authorized by the 1963 state constitution. Since the primary obstacle to the use of county- home rule as a vehicle for metropolitan reform appears to lie in the present statutory authority, the Michigan County Home Rule Act of 1966 (Act), considerable attention is given to the Act and to recent legislation proposed to amend the Act, Michigan House Bill 5464, introduced into the Michigan Legislature on June 21, 1971, and currently pending before the Michigan House Committee on Towns and …
Voter Registration Lists: Do They Yield A Jury Representative Of The Community, Fred A. Summer
Voter Registration Lists: Do They Yield A Jury Representative Of The Community, Fred A. Summer
University of Michigan Journal of Law Reform
The passage of the Federal Act was primarily a response to the inability of the prevailing jury selection process to achieve the goal of a representative jury. The Act requires that voter registration lists be used as the primary source of names for jury selection in federal courts. A similar provision applicable to state courts is included in the Uniform Jury Selection and Service Act, adopted by the Conference of Commissioners on Uniform State Laws in 1970.6 This article will examine the rationale and effectiveness of the use of voter registration lists as a means of achieving the goal of …
New York City Consumer Protection Law Of 1969, Thomas G. Morgan
New York City Consumer Protection Law Of 1969, Thomas G. Morgan
University of Michigan Journal of Law Reform
In recent years there has been growing concern over the lack of legal protection afforded the American consumer. Comprehensive consumer protection legislation has been introduced at all levels of government, and several significant proposals have been enacted into law. One such enactment at the municipal level is the New York City Consumer Protection Law of 1969, which establishes a framework for a broad ban against unfair trade practices and vests the city's Commissioner of Consumer Affairs with extensive powers of enforcement. In this note, the New York City ordinance will be analyzed and evaluated against the general background of existing …
New York City School Decentralization, Barry D. Hovis
New York City School Decentralization, Barry D. Hovis
University of Michigan Journal of Law Reform
The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …
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 …