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Articles 13351 - 13380 of 14566
Full-Text Articles in Law
Effluent Charges: Water Polution Control, Giovanna M. Longo
Effluent Charges: Water Polution Control, Giovanna M. Longo
University of Michigan Journal of Law Reform
Various schemes to abate pollution have been proposed as the answer to the problem: expansion of existing treatment facilities; imposition of heavy penalties on individual polluters; granting tax incentives to reduce pollution; an absolute prohibition on dumping of certain or all pollutants; and the imposition of effluent charges. The particular remedy that is pursued should be selected on the basis of its ability to eliminate the root causes of pollution. Therefore, before an effective solution may be formulated, it is necessary to consider the reasons for the existence of the water pollution problem.
Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham
Water Pollution Control In Vermont: A System Of Effluent Charges, Hobart Birmingham
University of Michigan Journal of Law Reform
In the final hours of a three month session, Vermont's legislature adopted a water pollution control law which imposes fees on polluters. Control of water pollution has been a popular issue in Vermont-its first comprehensive laws on the subject were passed in 1949 -and this new legislation is designed to be a major step toward upgrading much of that state's water resources. Increasing industrial and municipal water use has resulted in such widespread pollution that the traditional private law of riparian rights provides an inadequate remedy to the problem of unclean water. Consequently, state intervention has become essential to the …
Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein
Municipal Debt Limitations In Pennsylvania, Steven G. Brown, Robert A. Ebenstein
Villanova Law Review (1956 - )
No abstract provided.
Involuntary Civil Commitment And The Right To Treatment In Pennsylvania, John V. Bonneau
Involuntary Civil Commitment And The Right To Treatment In Pennsylvania, John V. Bonneau
Villanova Law Review (1956 - )
No abstract provided.
National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means
National Population Programs And Policy: Social And Legal Implications, Carl S. Shultz, H. Yuan Tien, Edwin D. Driver, Cyril C. Means
Villanova Law Review (1956 - )
No abstract provided.
Session Law 70-188: Preliminary Report, Jan. 11, 1965, Committee On Insurance, Florida Senate & House Of Representatives
Session Law 70-188: Preliminary Report, Jan. 11, 1965, Committee On Insurance, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Michigan Environmental Protection Act Of 1970, Susan Pearce
Michigan Environmental Protection Act Of 1970, Susan Pearce
University of Michigan Journal of Law Reform
Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …
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 …
Michigan Environmental Protection Act, Roger L. Conner
Michigan Environmental Protection Act, Roger L. Conner
University of Michigan Journal of Law Reform
Each of the questions discussed in this note revolve around the same basic issue: the propriety of vesting broad power in the courts to prevent environmental destruction, and to develop an environmental common law. The need for the broad standard of the Act derives from the complexity of the problem. The clear authority of the courts to decide cases which have been, or should have been dealt with by an administrative agency is important both for the relationship it establishes between citizens and agencies, and to insure that the policies of the Act will be implemented. In responding to these …
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton
Michigan Law Review
The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
The Proposed Michigan Business Corporation Act, Stanley Siegel
The Proposed Michigan Business Corporation Act, Stanley Siegel
University of Michigan Journal of Law Reform
The author of this article was selected by the Commission as Reporter, to draft and revise the statute. It is the purpose of this article to describe the drafting process, to outline the general structure and to examine some unique aspects of the proposed Michigan Business Corporation Act. In this discussion, the author expresses his own views only, and does not necessarily reflect the opinions of the Law Revision Commission or its members.
Transactions Subject To The Federal Gift Tax, Douglas A. Kahn
Transactions Subject To The Federal Gift Tax, Douglas A. Kahn
Articles
The federal gift tax was first enacted in 1924, approximately eight years after the adoption of the estate tax. As originally enacted, the tax was largely ineffective because it was computed on an annual basis without regard to gifts made in prior years.
Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens
Informal Proceedings Under The Uniform Probate Code: Notice And Due Process, Roger A. Manlin, Richard A. Martens
University of Michigan Journal of Law Reform
The Uniform Probate Code's formal procedures, which require that notice be mailed or be personally delivered to interested parties prior to any formal proceeding, seem to offer little difficulty in terms of due process. However, the Uniform Probate Code's informal procedures, insofar as they encompass no-notice proceedings, have suffered some criticism." It is the purpose of this article to respond to these criticisms, and to demonstrate that the informal procedures of the Code as accepted by the National Conference of Commissioners on Uniform State Laws do in fact offer all interested persons adequate protection of their interests in an estate …
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 …
Session Law 72-35-2, Florida Senate & House Of Representatives
Session Law 72-35-2, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
Michigan Compulsory Arbitration Act For Essential Services, William J. Rainey
University of Michigan Journal of Law Reform
When Public Act 312 became effective on October 1, 1969, Michigan joined Rhode Island and Pennsylvania in permitting compulsory arbitration of unresolved labor disputes involving municipal police and firemen. Wyoming similarly provides for compulsory arbitration in fire department disputes. Passage of the Act was prompted by a desire to avoid the dire consequences of strikes or work stoppages by firefighters and policemen, and to provide a method by which the bargaining power of public service unions could be maintained in the absence of the strike privilege. Since Michigan had barred strikes by public employees in 1947, the unions felt that …
New York Minimum Wage Act For Migrant Workers, Karen E. Kuntz
New York Minimum Wage Act For Migrant Workers, Karen E. Kuntz
University of Michigan Journal of Law Reform
The abject state in which most migrant workers in this country exist has recently become a matter of national concern. The increasing stridency of the migrants, personified by César Chavez in California, has resulted in recognition of the need for legislative assistance to rescue them from their plight. The migrant worker is unable to help himself, being burdened by a low annual income and an education level of only eight and a half years in school. In New York, the migrant's situation is aggravated by the powerful position of the crew leader or "farm labor contractor," who often determines workers' …
Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review
Michigan Law Review
In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review
Michigan Law Review
In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.
Law School Teaching Of Legislation, Joseph Dolan
Law School Teaching Of Legislation, Joseph Dolan
Journal of Legal Education
No abstract provided.
The Common Law As A Bar To Judicial Legislation, James H. Mccauley
The Common Law As A Bar To Judicial Legislation, James H. Mccauley
West Virginia Law Review
No abstract provided.
Session Law 69-106, Florida Senate & House Of Representatives
Session Law 69-106, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg
The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg
Michigan Law Review
Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …
The "Control" Test For Limited Partnerships, Alan L. Feld
The "Control" Test For Limited Partnerships, Alan L. Feld
Faculty Scholarship
Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …
Session Law 69-104, Florida Senate & House Of Representatives
Session Law 69-104, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 69-005, Florida Senate & House Of Representatives
Session Law 69-005, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 69-287, Florida Senate & House Of Representatives
Session Law 69-287, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 69-135, Florida Senate & House Of Representatives
Session Law 69-135, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 69-370, Florida Senate & House Of Representatives
Session Law 69-370, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.