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Full-Text Articles in Law

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer Jun 1981

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …


State And Local Limitations On Ballot Measure Contributions, Michigan Law Review Jun 1981

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.


City Zoning: The Once And Future Frontier, Michigan Law Review Mar 1981

City Zoning: The Once And Future Frontier, Michigan Law Review

Michigan Law Review

A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock


Recent Developments In The Struggle For Probate Reform, Richard V. Wellman Jan 1981

Recent Developments In The Struggle For Probate Reform, Richard V. Wellman

Michigan Law Review

The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …