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A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle

Articles

Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …

Liability For Misleading Statements Under Section 11, Ted J. Fiflis

Publications

No abstract provided.

To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider

University of Michigan Journal of Law Reform

The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

The New York Truth In Travel Act, Lisa Kennedy

University of Michigan Journal of Law Reform

A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …

Presidential Pensions And Impeachment: A Proposal For Reform, Patrick E. Mears

University of Michigan Journal of Law Reform

The Former Presidents Act grants annual monetary and clerical allowances and free office space to "former Presidents." Under the Act a President is ineligible to receive any retirement benefits if he or she is removed from office by impeachment and conviction in the Congress of the United States. However, a President facing imminent impeachment can retain the benefits by resigning before the impeachment process culminates in his removal from office. Constitutional considerations indicate that the benefits conferred by the Act could not be revoked or reduced by special congressional legislation upon resignation; such action could be challenged as a bill …

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

Union Discipline Of Its Membership Under Section 101(A)(5) Of Landrum-Griffin: What Is "Discipline" And How Much Process Is Due?, J. Ralph Beaird, Mack A. Player

Scholarly Works

Analogies between criminal trials and union disciplinary hearings are easily drawn. Both involve charges of prohibited conduct, the presentation of evidence, and decisions by competent and impartial tribunals. Whereas one’s physical freedom is at stake in a criminal proceeding, his economic freedom is often imperiled in a union disciplinary hearing. It is not surprising therefore that the requirements of due process have been extended to the labor setting. Embodied in section 101(a)(5) of the Landrum-Griffin Act, due process in the union sphere has been as elusive of definition as in judicial proceedings. Examining section 101(a)(5), Professors Beaird and Player attempt …

State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin

University of Richmond Law Review

Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.

Public Access To The Beaches Of Connecticut, Don W. Oswalt

Marine Affairs Theses and Major Papers

Elements of the public of Connecticut are engaged in direct conflict against private and municipal property rights over the issue of increased public access to beaches of the state. In Connecticut, as well as the nation, definite solutions to the problem are slow to materialize. The public's right to the whole beach is being clarified by only a few states, while public access under common law remains a clouded issue nationwide. The research study I am proposing would examine in detail the legal issues involved, the state and federal legislative actions, geographical considerations, etc. I feel that the resulting collation …

Editorial Board, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Table Of Contents--Issue 2, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Title Page, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman

Faculty Scholarship

No abstract provided.

Reflections On The Senate Investigation Of Army Surveillance, Lawrence M. Baskir

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The Local And Unified Services Act—An Analysis Of State And County Funding For New York State's Community Mental Healh Services, Linda Connor Kane

Buffalo Law Review

No abstract provided.

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

The Equal Rights Amendment As An Instrument For Social Change, Lynn Andretta Fishel, Clarine Nardi Riddle

IUSTITIA

"The Equal Rights Amendment: Will it do so little, we don't need it -or so much, we shouldn't have it?"

The paradox stems from the arguments of the groups who oppose the Equal Rights Amendment (ERA). On one hand, they claim that the 14th Amendment and Title V1II provide all the tools women need, so the ERA won't be able to accomplish anything uniquely significant. On the other hand they contend, with even greater fervor, that the ERA will be so powerful it will destroy the fabric of society. The paradox is not altogether ludicrous, however, when it is recognized …

The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review

Michigan Law Review

In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …

Symposium: Recent Washington Legislation. Introduction, August P. Markesich, Leonard A. Sawyer

Washington Law Review

No abstract provided.

Physicians And Surgeons--The Expanding Role Of The Physician's Assistant, Joseph S. Beeson

West Virginia Law Review

The shortage of health care professionals in West Virginia today is a matter of grave concern, especially to inhabitants of rural areas where professional medical care is often nonexistent. Statistics are indicative of the problem, but do not reveal the entire picture. For example, in the United States today, there are approximately 171 physicians per 100,000 population. In West Virginia, each 100,000 persons is served by only 111 physicians. This figure alone is cause enough for concern, but the seriousness of the situation is more accurately indicated by the distribution of the physician population. West Virginia is primarily a rural …

Administration Of Estates, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Session Law 74-190, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 74-112, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 74-064, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 74-106, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Extortion "Under Color Of Official Right": Federal Prosecution Of Official Corruption Under The Hobbs Act, Laurel Gordon Sandler

Loyola University Chicago Law Journal

No abstract provided.