Law Commons^™

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Property, E. F. Roberts

Cornell Law Faculty Publications

A Survey can be a wine list inventorying the entire stock in the house or a selective list of vintages worth spending some time to savour. The reader will be able in a thrice to make his or her own judgment about the policy of this house.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Michigan's Revised Mental Health Code, William David Serwer

University of Michigan Journal of Law Reform

This note will evaluate the three chapters of the Michigan Code which present the most significant legislative attempts to safeguard the rights of the mentally ill. Chapter Four of the Code extends several traditional due process guarantees to the civil commitment process. By guaranteeing the right to adequate notice, the right to be present at the hearing, the right to be represented by counsel, and the right to notice of trial by jury, the Code offers better protection from unwarranted commitment. However, due to the difficulty of defining mental illness and accurately identifying those in need of treatment, the possibility …

Logic And Laws: Relief From Statutory Obfuscation, Rudy Engholm

University of Michigan Journal of Law Reform

Ever-expanding use of the legislative process in recent years has resulted in a vast proliferation of statutes and regulations. The Public Acts of the First United States Congress (1789-91) filled only 203 pages. The Public Acts of the Thirty-first Congress (1850-51) filled 227 pages, those of the Sixty-first Congress (1909-11) filled 1459 pages, and those of the Ninety-first Congress (1969-71) filled 2938 pages. In addition, publication of new and recently amended federal regulations contributed to a Federal Register exceeding 45,000 pages in length in 1974. The growth of state statutory materials parallels this trend. Unfortunately, the technology of statutory expression …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.

Improving Michigan's Generic Drug Law, Phyllis Greenwood Rozof

University of Michigan Journal of Law Reform

This note will describe the conditions which existed prior to enactment of the Michigan drug substitution law, will discuss the history and provisions of that legislation, and will identify certain problems which the law fails to correct.

Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz

University of Michigan Journal of Law Reform

This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

A Guide To Federal Warranty Legislation-The Magnuson-Moss Act, Richard H. Matthews

University of Richmond Law Review

One of the primary causes of concern in the recent movement toward greater consumer protection has been in the area of product warranties. Limited express warranties, liability disclaimers and ambiguous remedy

procedures often have been used by manufacturers and merchants to strip the consumer of all but a bare minimum of protection against defective products. Finding state laws incapable of adequately solving this problem, Congress preempted the field by enacting the Magnuson-Moss Warranty Act.' This Act makes major changes in the law of warranties and places much heavier legal burdens upon manufacturers and other warrantors. This comment will attempt to …

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review

Michigan Law Review

This Note examines the propriety of implying a cause of action for damages under section 206. Upon concluding that such an implication is appropriate, it then suggests a scope for section 206 actions that implements the Act's underlying purposes.

The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review

Michigan Law Review

This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …

The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates the merits of Revenue Ruling 74-323. First, it asserts that, while not arbitrary, the Service's resolution of the preemption issue was not mandated by the language of amended section 162 or by the relevant legislative history. Second, it maintains that it is both appropriate and procedurally feasible to apply the judicial public policy doctrine to violations of federal civil rights laws that impose no fine, imprisonment, loss of license, or other criminal penalty. The denial of a deduction in this situation would extend the public policy doctrine beyond both section 162(c)(2) and the judicial doctrine as it …

East Carroll Parish School Board V. Marshall, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Retribution In A Modern Penal Law: The Principle Of Aggravated Harm, Ronald J. Allen

Buffalo Law Review

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

"Reference Statutes"--Borrow Now And Pay Later?, R. Perry Sentell Jr.

Scholarly Works

In 1923, the General Assembly of Nod enacted the "Statute of Paul" (so designated because of the sponsoring legislator, Paul Perfect), which empowered municipalities of Nod (called "sleepy hollows") to issue licenses to individuals wishing to engage in legitimate private enterprises. One provision of the Paul Statute directed that applicants for such licenses "must make application in the mode prescribed by Code Section 23-112, dealing with county licesning [sic] of pickle processors" (popularly known as the "Peter Pickle Statute"). In 1923, Code Section 23-112 required that an applicant for a pickle processing license submit his application to county licensing authorities …

Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman

Dalhousie Law Journal

The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of …

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.

Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley

Faculty Scholarship

No abstract provided.

The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The West Virginia Consumer Credit And Protection Act, Vincent Paul Cardi

West Virginia Law Review

This article discusses the 1974 West Virginia Consumer Credit and Protection Act, hereinafter referred to as WVCCPA. A summary of the Act is undertaken early in the article, detailing for the reader what the Act does. Beyond this summary there is no section by section restatement of the WVCCPA in the article nor is every section or group of sections discussed. The purpose of the article is to discuss why the WVCCPA was passed and what it attempts to do, and in some areas, to discuss how well the Act accomplishes its purpose. To place the WVCCPA in its evolutionary …

Declaratory Judgments: Federal Anticipatory Relief From State Criminal Statutes After Steffel V. Thompson, Christopher A. Bloom

Indiana Law Journal

No abstract provided.

Beach Access: Public Right Or Public Privilege, John E. Jessup

Marine Affairs Theses and Major Papers

All the coastal states of the U.S., particularly the more populous, have been and are struggling with the problem of obtaining public access to the nation's coastal beaches. There s a large volume of litigation and legislation devoted wholly or in part to mitigating the problem. It is the intent of this paper to examine some of the landmark court cases on the subject throughout the U.S. and also Federal legislation which has been proposed or enacted. Because the issue joined is so basic, i.e., public rights to use the beach vs. private property rights in that same beach, emotions …

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.

Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review

Michigan Law Review

This note will examine the individual interests in running for office and in personal financial privacy in order to determine what level of scrutiny should be applied to disclosure statutes. After concluding that only minimal scrutiny should apply--a standard certainly met by the state's strong interests--it will be argued that nonconstitutional considerations bearing on the practicality of disclosure statutes nevertheless require a careful balancing of the state interest in disclosure against the individual interests of each class of persons affected by the statutes. The discussion of the strength of the state's interest in disclosure with respect to each class will …

The Role Of The Joint Legislative Administrative Procedures Committee, Philip D. Lewis

Florida State University Law Review

No abstract provided.

Employment Practices, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Environmental Protection, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.