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Articles 13291 - 13320 of 14567
Full-Text Articles in Law
Reflection On The Law Reforming Process, Sanford J. Fox
Reflection On The Law Reforming Process, Sanford J. Fox
University of Michigan Journal of Law Reform
This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …
Organized Crime Control Act Of 1970: Introduction, J. Brian Williams
Organized Crime Control Act Of 1970: Introduction, J. Brian Williams
University of Michigan Journal of Law Reform
The purpose of the Organized Crime Control Act of 1970 is to facilitate the eventual eradication of organized crime in the United States, by strengthening the evidence-gathering process, by adopting new penal prohibitions, and by creating increased sanctions and numerous remedies to deal with unlawful activities. The primary thrust of the Act is aimed at three areas: the investigation of organized crime; the punishment of organized crime; and the examination of existing laws to determine their effectiveness in dealing with organized crime.
Title I - Special Grand Jury, Jeffrey J. Greenbaum
Title I - Special Grand Jury, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
Title I establishes special grand juries to sit in major population areas and other areas designated by the Attorney General. These grand juries are protected from arbitrary dismissal by the district court before completion of their work. They can sit for extended periods (a maximum of thirty-six months), and are authorized to issue reports concerning (a) noncriminal misconduct of appointed government officials or employees involving organized criminal activity; and (b) organized crime conditions within the district. When reports are issued concerning governmental misconduct, individuals named are given notice, afforded the opportunity to present evidence, file an answer, and obtain judicial …
Title Ii - General Immunity, Jeffrey J. Greenbaum
Title Ii - General Immunity, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
This title repeals or conforms the over fifty existing federal immunity statutes and establishes a uniform federal immunity statute to apply to proceedings before or ancillary to a court, grand jury, or agency of the United States, either house of Congress, or its joint committees, committees or subcommittees. The scope of immunity granted protects a witness from the use of his testimony or its fruits in a future criminal prosecution, but does not protect him from prosecution itself. This reflects a positive decision by Congress that the fifth amendment self-incrimination clause only requires a grant of what has been referred …
Title Iv - False Declarations, Jeffrey J. Greenbaum
Title Iv - False Declarations, Jeffrey J. Greenbaum
University of Michigan Journal of Law Reform
Title IV was designed to facilitate the bringing of federal perjury prosecutions, thereby strengthening the deterrent value of the perjury penalties and acting as a greater incentive for truthful testimony. It establishes a new false declarations statute applicable to court and grand jury proceedings, with maximum penalty slightly increased over that allowable under the previously controlling perjury statute.
Title X - Dangerous Special Offender Sentencing, Richard Levy
Title X - Dangerous Special Offender Sentencing, Richard Levy
University of Michigan Journal of Law Reform
Undoubtedly the most controversial new provision in the Organized Crime Control Act of 1970 is title X. Title X authorizes a federal prosecuting attorney to notify the defendant and the court before trial that the defendant, if found guilty of the felony on which he is being tried, is in the prosecutor's opinion also subject to the dangerous special offender provisions embodied in the title. Should the defendant be judged guilty of the felony, he then will fall subject to an additional penalty beyond that received for the conviction if the judge finds that he qualifies as one of three …
Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy
Title Ix - Racketeer Influenced And Corrupt Organizations, Richard Levy
University of Michigan Journal of Law Reform
Organized crime's penetration of legitimate business has long been a major congressional concern. Although the means employed to effect such penetration may vary, the result remains constant; organized crime is provided with additional economic power and a facade of legitimacy behind which it can more easily spread its influence and pursue its goals. At the same time, organized crime's monopolistic tendencies, furthered by its use of various forms of coercion, pose a serious threat to free trade and lawful ownership. Prior law proved inadequate in curtailing these abuses. Federal law was piecemeal and not designed to meet the challenge of …
Congressional Proposals For Reform Of Military Law, Edward F. Sherman
Congressional Proposals For Reform Of Military Law, Edward F. Sherman
Articles by Maurer Faculty
The current political and constitutional controversy surrounding military justice has resulted in considerable legislative activity. In the following article, Professor Sherman compares the Bayh, Bennett, Hatfield, Price, and Whalen proposed amendments to the Uniform Code of Military Justice, and offers his assessment of the need for change.
The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams
The Secret Foreign Bank Account And Legitimate Alternatives, Charles W. Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
The author, a member of the California State Bar and consultant, Euro-Dutch Trust Company, George Town, Grand Cayman, B. W. I., labels the use of the secret foreign bank account "foolish and lazy." He suggests that the taxpayer can reduce his tax bite through tax deferral planning, an area in which legislation has been continued and expanded.
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin
Michigan Law Review
It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder
Michigan Law Review
The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review
Michigan Law Review
The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review
Michigan Law Review
Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.
The Highway Trust Fund - The Hour Of Decision, Jerry W. Craig
The Highway Trust Fund - The Hour Of Decision, Jerry W. Craig
North Carolina Central Law Review
No abstract provided.
Davis V. United States: A Victory For Congressional Intent In The Federal Income Laws, James D. Kemper
Davis V. United States: A Victory For Congressional Intent In The Federal Income Laws, James D. Kemper
Indiana Law Journal
No abstract provided.
Constitutional Law--Judicial Review Of Congressional Membership Exclusion, Diana Everett
Constitutional Law--Judicial Review Of Congressional Membership Exclusion, Diana Everett
West Virginia Law Review
No abstract provided.
The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.
The Legislative Process In Georgia Local Government Law, R. Perry Sentell Jr.
Scholarly Works
What our city fathers do as legislators and how they do it impinges upon the daily lives of most of us. Those involved in the production of municipal law and those affected by it will find this study of legislative procedure at the local level of great interest and help. Here is a solid piece of research which will stand for a long time to come.
Session Law 70-339, Florida Senate & House Of Representatives
Session Law 70-339, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 70-274, Florida Senate & House Of Representatives
Session Law 70-274, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 70-391, Florida Senate & House Of Representatives
Session Law 70-391, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 70-433, Florida Senate & House Of Representatives
Session Law 70-433, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 70-424, Florida Senate & House Of Representatives
Session Law 70-424, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 70-331, Florida Senate & House Of Representatives
Session Law 70-331, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
Family Support From Fugitive Fathers: A Proposed Amendment To Michigan's Long Arm Statute, Robert L. Nelson
University of Michigan Journal of Law Reform
It is the purpose of this article to propose and discuss an amendment to Michigan's long arm statute which will allow the entry of extraterritorial alimony, separate maintenance, or child support decrees when Michigan is the state of the marital domicile and the defendant-spouse cannot be located for personal service of process. A plaintiff employing the proposed provision in a divorce action will be able to seek alimony, separate maintenance, or support payments as if the defendant were before the court, and the court will have the authority to grant her the necessary relief. If and when the wife later …
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
Intestate Succession Under The Uniform Probate Code, Thomas J. Mulder
University of Michigan Journal of Law Reform
The pervasive social policy underlying the Anglo-American law on succession of property at death is freedom of testation. Our law makes meaningful one's right to decide who shall inherit his property by providing a legal instrument, the will, to distribute property to chosen recipients. When a man dies without having exercised this right, however, the laws of intestate succession determine who shall receive his property, and in what shares it shall be received. In effect, the laws of intestate succession are an estate plan written for the decedent by his state legislature. These laws do not function as a restriction …
California Family Law Act, Meredith A. Nelson
California Family Law Act, Meredith A. Nelson
University of Michigan Journal of Law Reform
California's Family Law Act has been heralded as the first major change in the State's divorce provisions in one hundred years. The Act is an attempt to remedy two major criticisms of current divorce practice both in California and throughout the United States. First, those advocating reform believe that laws controlling the granting of divorces are in conflict with modem concepts of marriage and divorce. Many divorce laws impose punitive sanctions in an attempt to deter those who would otherwise seek a divorce. Second, notwithstanding their intent, divorce laws have not, in fact, reduced the frequency of divorce. The inability …
Michigan "Freedom Of Information Act", David T. Alexander
Michigan "Freedom Of Information Act", David T. Alexander
University of Michigan Journal of Law Reform
A policy of public disclosure is as appropriate at the state level as it is at the federal level. There are comparable state agencies for almost all Federal departments concerned with commerce and the public health, safety and welfare. Through licensing and supervisory powers over businesses and individuals, state agencies exercise extensive quasi-legislative and quasi-judicial powers of immediate concern to the public. The resulting rules, records, regulations, orders and opinions serve as both the factual findings and the substantive law of the particular area administered by each agency. Recognizing this need for public disclosure at the state level, the Michigan …
The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.
The Partially Secured Creditor Under Chapter Xiii Of The Bankruptcy Act, Wayne C. Dabb Jr.
University of Michigan Journal of Law Reform
Under current bankruptcy law, a partially secured creditor can force a struggling debtor into straight bankruptcy despite the debtor's voluntary attempt to rescue himself from insolvency under a Chapter XIII wage earner plan. Since the partially secured creditor has a security interest in the debtor's personal property, though it may be one of only negligible value, he is generally treated under Chapter XIII as a wholly secured creditor. If the partially secured creditor is affected by the wage earner plan, his assent to it is required before the court can confirm the plan. He may therefore, by his single dissent, …
The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry
Michigan Law Review
The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …
Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review
Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review
Michigan Law Review
During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …