Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Michigan (11)
- Law reform (10)
- Cities (4)
- Landlord tenant law (4)
- Landlords (3)
-
- Low income households (3)
- Tenants (3)
- Living conditions (2)
- New York (2)
- Police (2)
- Poverty law (2)
- Slums (2)
- Warrants (2)
- Wisconsin (2)
- Accountants (1)
- American Motorcycle Association v. Davids (1)
- Arraignment (1)
- Arrests (1)
- Bail (1)
- Brown v. Southall Realty Co. (1)
- Civil disobedience (1)
- Clients (1)
- Commonwealth of Puerto Rico v. Rosso (1)
- Constitutionality (1)
- Crimes (1)
- Detainers (1)
- Detroit (1)
- Disabilities (1)
- District of Columbia (1)
- Draft cards (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Reflections From A Different Perspective, B. J. George Jr.
Reflections From A Different Perspective, B. J. George Jr.
University of Michigan Journal of Law Reform
A signal fact of the 1960's is the widespread attention being paid to modernization of America's criminal law and procedure. After nearly a century of patchwork adjustments of state codes or fragmentary modification of the common law, the federal government and a great many states are moving toward new substantive codes and new codes or rules of criminal procedure. As one who has been working as a reporter in Michigan's endeavor to revise its criminal law and procedure, I have been asked to comment in a general way on Mr. Robinson's effort at reforming Wisconsin law.
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
Commonwealth Of Puerto Rico V. Rosso: Land Banking And The Expanded Concept Of Public Use, David L. Callies
University of Michigan Journal of Law Reform
As the supply of vacant land on which to expand dwindles, the economic, social and cultural blight attendant upon the rapid but relatively unplanned growth of metropolitan areas increasingly becomes a subject of grave concern throughout the world. The two most common traditional approaches to land use problems are now proving inadequate, given the nature of urban sprawl. The first is zoning, basically an exercise of the police power whereby a governmental body restricts the use of land by appropriate regulation without compensating the owner. The restriction must be for the purpose of promoting the health, morals, safety or welfare …
Persuader: Mobilization Of Support, Mary Ann Beattie
Persuader: Mobilization Of Support, Mary Ann Beattie
University of Michigan Journal of Law Reform
Law reform can be achieved through precedent-setting case law and through legislation. Each is a time-consuming activity with its own stumbling blocks. To establish law through the case method, one must have a fact situation directly on point with the inequity which one is trying to remedy. In many situations the client must be willing to follow through a long process of trial and appeal, instead of settling for a more immediate but incomplete resolution of his problem. The costs of litigation may become an insurmountable problem. Another difficulty with the test case as a vehicle for law reform is …
A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson
A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson
University of Michigan Journal of Law Reform
In this article we analyze the arrest chapter of the proposed code as it was substantially completed at the time the project was terminated, although it has been updated to accommodate relevant recent case law. We examine the need for guiding principles in drafting a code, the proper aims and organization of the code, the proposed provisions of the arrest chapter, and the law and practice which recommend both the principles and the provisions.
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
University of Michigan Journal of Law Reform
The natural question raised by the passage of "Tenant Rights" legislation is whether the new law helps or hinders the practicing attorney representing tenants. In analyzing the package of Tenant Rights Bills enacted in Michigan in 1968 this article will focus on three questions: 1) whether such legislation raises false hopes in being heralded as a major declaration of rights and an effort to solve the problem of housing shortage; 2) whether such legislation actually further oppresses tenants, especially in their exercise of the one effective instrument in their power: collective action; and 3) whether such legislation significantly changes the …
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
University of Michigan Journal of Law Reform
Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …
Draftsman: Formulation Of Policy, Carl Schier
Draftsman: Formulation Of Policy, Carl Schier
University of Michigan Journal of Law Reform
Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Workmen's Compensation--Encouraging Employment Of The Handicapped In Michigan: A Proposal For Revision Of The Michigan Second Injury Fund, Michigan Law Review
Michigan Law Review
Employment of the handicapped is clearly a proper concern of the state. Unemployed, such a person is a burden on his family and on the state; welfare and relief payments to such a person needlessly increase costs to both the state and local governments supporting such programs. Employed, the handicapped person is a self-supporting, stable member of the community; he becomes a taxpayer rather than a tax consumer. There are also important moral and social considerations which may be simply summarized stating that no person who is able to work should be needlessly denied employment. In short, any continued waste …
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review
Michigan Law Review
The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …
Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review
Landlord And Tenant--Leases--Lease Executed In Violation Of District Of Columbia Housing Regulations Is An Illegal Contract--Brown V. Southall Realty Co., Michigan Law Review
Michigan Law Review
Plaintiff-landlord brought an action for possession based on nonpayment of rent in the Landlord-Tenant Branch of the District of Columbia Court of General Sessions. Although the parties stipulated at trial that the rent was 230 dollars in arrears, defendant-tenant contended that the plaintiff was not entitled to possession because the lease was an illegal contract under the District of Columbia Housing Regulations. The trial court rejected this contention and gave judgment for plaintiff. By the time her appeal to the District of Columbia Court of Appeals was heard, the tenant had vacated the premises and no longer desired to contest …
Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen
Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen
Michigan Law Review
It has been said that hard cases often make bad law. The recent decision by the New York Court of Appeals in James v. Powell suggests that easy cases, too, may make bad law-especially where a scholarly judge ventures beyond the demands of the case before him.
The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review
The Administration Of Justice In The Wake Of The Detroit Civil Disorder Of July 1967, Michigan Law Review
Michigan Law Review
Early Sunday morning, July 23, 1967, the Detroit Police Department raided a "blind pig" at the corner of Twelfth Street and Clairmont Street. An unexpectedly large number of patrons were present at the after-hours drinking establishment, and it took the police over an hour to remove them all from the scene. The weather was warm and humid-despite the time, many people were still on the streets. A crowd of about two hundred gathered while the police were occupied with the individuals arrested in the raid. The last of the arrestees were removed shortly after 5:00 a.m. At that moment an …
The Need For An Ombudsman In State Government, Frank E. Cooper
The Need For An Ombudsman In State Government, Frank E. Cooper
University of Michigan Journal of Law Reform
Despite the vast powers which have been delegated to state administrative agencies, comparatively little attention has been paid to their organization or methods of operation. As a result, some state agencies in their day-to-day operations fail to meet desirable standards of fair procedure. Each year, thousands of American citizens emerge indignant from an encounter with some agency representative who they assert has treated them impolitely or denied them what they deem to be their rights. But often the case does not involve enough to justify the expense of taking it to court, and the outraged citizen fumes in frustration, concluding …
Unconstitutional Uncertainty: A Study Of The Use Of Detainers, Donald E. Shelton
Unconstitutional Uncertainty: A Study Of The Use Of Detainers, Donald E. Shelton
University of Michigan Journal of Law Reform
The question is why a prosecutor would go through the motions of asking a warden to notify him of the availability of a prisoner that he never intends to take into custody. The first answer is that it is common practice for many prosecutors to automatically file a detainer upon learning that an accused is imprisoned elsewhere. This decision is made without any regard to their eventual decision to prosecute. But the more basic answer, and the reason why this practice of automatic filing of detainers has developed, lies in the effects a detainer has upon the prisoner.
A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram
A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram
University of Michigan Journal of Law Reform
Currently there is a widespread movement toward the revision of state criminal codes. The goals of such an undertaking are varied: (1) to reduce the size of the criminal law by eliminating inconsistent, overlapping, or obsolete provisions; (2) to phrase the prohibitions in clear and concise language; (3) to introduce more modern approaches to the definition and treatment of criminal offenses; and (4) to harmonize the penalty imposed for a particular act with the severity of the act and the penalty for other acts. This paper will concentrate on sex offenses in an attempt to understand the legislative process of …
The Trend In Water Law Development, Jerome Maslowski
The Trend In Water Law Development, Jerome Maslowski
University of Michigan Journal of Law Reform
The basis of public and private rights in the waters of the State of Michigan is grounded principally in the common law. There has been a scarcity of statutory law on the subject and it is only within the last ten years that any statutes have been enacted which seek to delineate public and private rights.
Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review
Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review
Michigan Law Review
This Note will examine the policy bases for the accountant-client privilege and the reception which the privilege has received in federal and state courts. In addition, it will suggest desirable limitations on the scope of the privilege.
Michigan Landlord-Tenant Law: Course Of Statutory Reform, Prospectus: A Journal Of Law Reform
Michigan Landlord-Tenant Law: Course Of Statutory Reform, Prospectus: A Journal Of Law Reform
University of Michigan Journal of Law Reform
Introduction to the Articles, Draftsman: Formulation of Policy, Persuader: Mobilization of Support, and Tenant's Attorney: Evaluation of Impact
Slumlordism As A Tort--A Brief Response, Joseph L. Sax
Slumlordism As A Tort--A Brief Response, Joseph L. Sax
Michigan Law Review
Professors Blum and Dunham begin their comment by accusing us of having a new idea. We plead guilty. Our purpose was to demonstrate that accepted principles in analogous areas of law would support a slumlordism action, not to argue that tort law as presently applied would do so. Indeed, our basic intent was to underscore the myopia of existing tort law perspectives.
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Slumlordism As A Tort--A Dissenting View, Walter J. Blum, Allison Dunham
Michigan Law Review
The persistence of substandard housing in urban centers stands as a challenge to law. There is a pressing need to re-examine whether prevailing legal doctrines are adequate for dealing with the problem and to suggest new doctrines where the old are found wanting. To their great credit, Joseph L. Sax and Fred J. Hiestand in their article "Slumlordism as a Tort" face up to these tasks boldly and vigorously. They conclude that, under existing conditions, it is imprudent to rely on public authorities to enforce housing codes and it is unlikely that legislatures will place sufficient enforcement powers in private …