Law Commons^™

The Antidumping Act: Comments For Business, John Cutler

Michigan Journal of International Law

After several decades of disuse, the Antidumping Act has been rediscovered in recent years by domestic producers. However, even as American manufacturers have resorted to the Act with increasing frequency, they have criticized it as being ineffective. Although American producers undoubtedly would be better served if the Antidumping Act were to be amended in response to these criticisms, the Act, as presently written and administered by the Treasury Department, can even now provide benefits for domestic producers that are frequently overlooked. An American manufacturer who initiates a proceeding under the Antidumping Act is usually seeking to force up prices for …

The Treatment Of Products From State-Controlled Economies Under The United States Antidumping Law, Stephanie M. Smith

Michigan Journal of International Law

When the Antidumping Act of 1921 was enacted, the mechanics of its application to products of state-controlled economies (hereinafter SCES) understandably was not treated. There was only one state-controlled economy in existence in 1921, and its trade with the United States was relatively insignificant. Recently, however, trade with SCEs has been increasing, and continued growth is likely. United States imports from SCEs in 1977 increased to $1,686 million from a volume of $50 million in 1951. This larger volume of trade necessitates a reassessment of the way in which the problems of interaction with these completely different economies are handled.

The Antidumping Act: Proposals For Change, Noel Hemmendinger

Michigan Journal of International Law

The Antidumping Act is in great trouble. Most of its troubles flow from a basic misconception about the role of an antidumping proceeding. A dumping case is sometimes looked on as analogous to private party litigation in which domestic producers seek to vindicate "rights" being injured by foreign exporters. In another view, it is sometimes regarded as analogous to a criminal proceeding in which the United States condemns and punishes certain methods of foreign price competition as "unfair." In my view, it is preferable to look at an antidumping proceeding as a method of resolving a conflict in the execution …

The Regulation Of Interstate Bank Branching Under The International Banking Act Of 1978: The Stevenson Compromise, Robert F. Jr. Van Patten

Northwestern Journal of International Law & Business

In recent years observers have noted a remarkable flow of capital into the United States; foreign investment has almost quadrupled within the last decade. A segment of the economy in which foreign penetration is dramatically evident is the American banking industry. ...It is this deft compromise, developed by Senator Adlai Stevenson which is the focus of this comment. The general history of the international banking legislation and positions supporting and opposing the regulation of interstate branching will be discussed. Thereafter, the elements of the Stevenson compromise will be explained and their efficacy illustrated. Finally, the current and potential effects of …

Suing A Foreign Government Under The United States Antitrust Laws: The Need For Clarification Of The Commercial Activity Exception To The Foreign Sovereign Immunities Act Of 1976, James Hugo Friend

Northwestern Journal of International Law & Business

Increased state involvement in trade and commerce has manifested itself in a variety of ways, including the growth of producer cartels with sovereign states as members, state monopolization of the sale and production of certain products, the nationalization of industry in peacetime and the concomitant growth of public corporations, and the partial or complete ownership by sovereign states of private corporate entities. The widespread participation of governments in activities of an arguably private nature, especially in view of the Foreign Sovereign Immunities Act of 1976, raises a question of growing practical importance: to what extent are the "commercial" activities of …

Changes In Presidential Powers Over The Awarding Of International Air Routes: Effects And Implications Of Section 801(A) Of The Airline Deregulation Act Of 1978, Jeffrey I. Langer

Northwestern Journal of International Law & Business

Congress amended the international air route-awarding procedures established in earlier legislation when it enacted section 801(a) of the Airline Deregulation Act of 1978. Changes in the procedures were necessary for two reasons. First, the original route-licensing scheme was designed by Congress to balance presidential discretion concerning defense and foreign policy with congressional authority over foreign commerce. However, by precluding judicial review of challenges by foreign air carriers, Congress thwarted its own intent and established the President as the final authority in awarding routes to such carriers. Secondly, by also precluding review of certain challenges by citizen carriers, the courts destroyed …

Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno

University of Richmond Law Review

For many years, the sentencing process of the criminal justice system sought to achieve four goals: deterrence, rehabilitation, incapacitation of the offender, and retribution for society and the victim. The achievement of these goals was implemented in the majority of jurisdictions through imposition of an indeterminate sentence and discretionary release by an administrative body-traditionally a parole board. This approach allowed courts to announce relatively long sentences as a deterrent to future criminal behavior and to placate the victim and society, but tempered the punishment by allowing early release on an individual basis as soon as the offender had been rehabilitated.

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Special Report - Federal Criminal Code Revision: Some Problems With Culpability Provisions, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The age of federal codification is upon us. The Federal Rules of Evidence and the new bankruptcy and copyright revisions are but examples. By far the most ambitious undertaking in this regard is the effort to recodify federal criminal law.

The federal criminal code project, spanning more than a decade was most recently embodied in the last Congress in S. 1437, which passed the Senate, and H.R. 13959, which competed in the House with S. 1437. Neither bill passed the House. Thus, the Congress closed without a new Code. But both the bills will be back with us, introduced with …

Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz

University of Richmond Law Review

No one will ever know, at least with any certainty, whether more harm than good has been done by the Federal Youth Corrections Act. The Act was enacted by Congress in 1950 upon the recommendation of a committee of the Judicial Conference of the United States. The youth offenders who have benefited under YCA are those who have committed the most serious crimes, such as murder, robbery, and rape, and those with the longest records of serious criminal conduct. Because of the YCA, some of these dangerous offenders have received less severe sentences, and some have been released on parole …

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

The Conservatorship Model: A Modification, Gregory S. Alexander

Michigan Law Review

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support · and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

The Constitutionality Of Michigan's Guilty But Mentally Ill Verdict, John M. Grostic

University of Michigan Journal of Law Reform

This article will assess the constitutionality of the statute providing for a GBMI verdict by examining the likely, impact of this statute on the constitutional rights of legally insane defendants. Part I will briefly outline the relevant provisions of the GBMI statute. Part II will consider whether legally insane defendants have a constitutional right to an insanity defense. Part III will then argue that some defendants, though legally insane at the time they committed allegedly criminal acts, will nevertheless be found GBMI rather than NGRI.

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Indiana Law Journal

No abstract provided.

Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick

Buffalo Law Review

No abstract provided.

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 …

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

Automatic Stays Under The New Bankruptcy Law, Frank R. Kennedy

University of Michigan Journal of Law Reform

In Mueller v. Nugent, decided shortly after the enactment of the Bankruptcy Act of 1898, the United States Supreme Court declared that a petition in bankruptcy is "a caveat to all the world, and in effect an attachment and injunction." This judicial gloss, much quoted and applied since, was an early recognition that a stay of creditors from collecting their claims against the debtor and his property from and after the filing of a petition under the Bankruptcy Act is indispensable to bankruptcy administration. Unless the creditors are stayed, the debtor's estate will be dismembered and the objective of equality …

A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …

Bribery And Brokerage: An Analysis Of Bribery In Domestic And Foreign Commerce Under Section 2 ( C ) Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note first analyzes the substantive and jurisdictional criteria of section 2(c) to evaluate the possible and the desirable scope of its applicability to commercial bribery. The Note next asks whether this statute reaches bribery of domestic and foreign government officials and concludes that where the requirements of section 2(c) are otherwise met and where the person accepting the bribe is acting administratively rather than politically, the statute could be applied to bribery of agents of domestic governments. However, a wholesale application of section 2( c) to bribery of foreign government agents would leave American competitors in foreign commerce defenseless …

Securities Commentary, Roberta S. Karmel, John P. Ketels

Faculty Scholarship

No abstract provided.

Sexual Harassment And Title Vii: The Foundation For The Elimination Of Sexual Cooperation As An Employment Condition, Michigan Law Review

Michigan Law Review

Ten years after the enactment of Title VII, the federal judiciary confronted its first Title VII case in which sexual harassment was the primary allegation. In the next three-and-one-half years, six more claims of sexual harassment reached federal district courts, 4 and three federal circuit courts of appeal reviewed lower court holdings.

Neither these cases nor the considerable journalistic and academic attention they received reveals a consensus regarding the appropriate application of Title VII to cases of sexual harassment. This Note, therefore, examines the application of Title VII to the problem of sexual harassment and suggests a coherent framework for …

The Sin Of Omission: Inaction As Action Under Section 102(2)(C) Of The National Environmental Policy Act Of 1969, Arthur F. Ferguson

Indiana Law Journal

No abstract provided.

Dna And The Congressional Prerogatives: Proposals For A Deliberate Legislative Approach To Genetic Research, Terry L. English

Indiana Law Journal

No abstract provided.

Tort Claims Under The Present And Proposed Bankruptcy Acts, Stephen Allen Edwards

University of Michigan Journal of Law Reform

Congress may soon enact the first complete revision of the United States bankruptcy laws in almost four decades. Among the numerous changes proposed by the legislature is a major alteration of the provability and dischargeability of tort claims asserted against the bankrupt's estate. This article will discuss the treatment of tort claims in the present Act and the changes to be made by the proposed Act, and will evaluate alternative approaches to compensating victims of bankrupt tortfeasors.

Energy, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.