Law Commons^™

Newsletter - 1974-01-03, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Reform Of The Florida Securities Law, James Mofsky

Florida State University Law Review

No abstract provided.

Rule-Making Authority And Separation Of Powers In Connecticut, The, Richard Kay

Faculty Articles and Papers

No abstract provided.

Legislative Note: Micigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer

University of Michigan Journal of Law Reform

Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …

Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene

University of Michigan Journal of Law Reform

The first section of this article summarizes the vast differences between the rights of public and private employees to strike. The second section focuses on likely obstacles to a governmental suit to enjoin shutdowns in the broadest segment of American private industry-the segment in which labor relations are governed by the National Labor Relations Act (NLRA). The final section of the article suggests a legislative solution to the problem, fashioned after existing statutory remedies for limiting certain strikes by public employees.

Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens

University of Michigan Journal of Law Reform

The 1959 Pennsylvania legislation, while commendable for its goals and its innovative financing concepts, proved inadequate over the years in meeting the changing housing needs in the state. In an attempt to correct the deficiencies of this legislation, Pennsylvania radically revised its housing law by enacting the Housing Finance Agency Act of 1972. This note undertakes a historical analysis of both the 1959 Act and the 1972 Act. Then, the new act is contrasted with similar statutes in other states. Finally, the effectiveness of the Pennsylvania legislation as a stimulate to the development of new low- and moderate-income housing is …

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

Developments In Evidence Of Other Crimes, Nickolas J. Kyser

University of Michigan Journal of Law Reform

If the defendant in a criminal trial has a record of other offenses or is suspected of a number of crimes although charged with only one, the admissibility of evidence of these other offenses can be crucial. Admissibility depends in part on the purpose for which the evidence is offered. For instance, the prosecution is severely limited in its use of evidence of character. Until the defendant submits evidence of his good character, the subject cannot be raised and even after character is put in issue particular acts are not allowed to show character. The defendant's prior convictions may be …

Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye

University of Michigan Journal of Law Reform

Public school teachers have no right to strike under Michigan law, but the power to strike exists. Michigan residents witnessed forty teacher strikes in the autumn of 1973 alone. Among them was the forty-four-day strike by Detroit teachers. The strikes during the past fall were not an unfortunate aberration. Ninety percent of the strikes in Michigan are by school teachers. In the public education context, the threat of a strike no longer brings negotiating parties together. A new mechanism for resolution of deadlocks in teacher-school board contract disputes is needed. This article describes the problem, outlines impasse resolution procedures presently …

Intergovernmental Cooperation: Does The 1970 Illinois Constitution Give Units Of Local Government The Green Light, 8 J. Marshall J. Prac. & Proc. 295 (1974), Martin Korn

UIC Law Review

No abstract provided.

Class Actions In Illinois: A Viable Alternative To Federal Rule 23, 8 J. Marshall J. Prac. & Proc. 113 (1974), Michael J. Meyer

UIC Law Review

No abstract provided.

Constitutional Intent: The Illinois Supreme Court's Use Of The Record In Interpreting The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 189 (1974), Ann Lousin

UIC Law Review

No abstract provided.

Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel

Buffalo Law Review

No abstract provided.

Code Revision In Maryland: The Courts And Judicial Proceedings Article, William H. Adkins Ii

Maryland Law Review

No abstract provided.

The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law

University of Richmond Law Review

The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.

Constitutional Revision: Virginia And The Nation, A.E. Dick Howard

University of Richmond Law Review

For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."

Foreign Banking In The United States, James A. Johnson

Vanderbilt Journal of Transnational Law

Foreign banking in the United States is no longer a nominal activity. The assets of foreign bank agencies and branches tripled from 1965 to 1972, increasing to approximately 13 billion dollars. During this same time, assets of United States banks abroad rose to 75 billion dollars-an eight-fold increase.

Yet, despite this dramatic growth--which surely will continue--the United States remains the only major country in which foreign banking is not supervised at the national level. No valid constitutional or practical reasons exist to support state control. Although New York and California, which share the major portion of foreign banking at the …

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

Rights Of The Public Employee Under The Illinois Civil Service System: A Progression Of The Law, 8 J. Marshall J. Prac. & Proc. 53 (1974), Rea T. Markin

UIC Law Review

No abstract provided.

The Comptroller: Illinois' Chief Fiscal Control Officer, 8 J. Marshall J. Prac. & Proc. 225 (1974), Roger C. Nauert

UIC Law Review

No abstract provided.

The Legislative Process Under The 1970 Constitution, 8 J. Marshall J. Prac. & Proc. 251 (1974), Stanley M. Johnston

UIC Law Review

No abstract provided.

Section 11 Of The Bill Of Rights: Rehabilitation Potential And Sentencing, 8 J. Marshall J. Prac. & Proc. 269 (1974), Roy W. Hardin

UIC Law Review

No abstract provided.

Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann

Cleveland State Law Review

Dynamic changes have occurred in recent years in the area of prisoners' rights. The antiquated view that prisoners were without any rights - that prisoners were "slave [s] of the State' – has been replaced by the more progressive view that a prisoner retains all rights of an ordinary citizen except those rights expressly or necessarily taken from him by law. As will be seen below, the areas of mail rights and visitation rights have been particularly dynamic. In light of the changing views regarding prisoners' rights, one may wonder what the current Ohio regulations regarding mail and visitation within …

The Minnesota Tax Title: An Argument For Its Marketability -- The 1874 Forfeiture System From A 1974 Perspective, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

Civil Commitment Of The Mentally Ill In Kentucky, Paul R. Keen

Kentucky Law Journal

No abstract provided.

Products Liability: Is § 402a Strict Liability Really Strict In Kentucky?, Charles R. Keeton

Kentucky Law Journal

No abstract provided.

Flexibility, The Uniform Probate Code's Procedural Article, And Some Comparisons With Kentucky Statutes, James W. Gordon

Kentucky Law Journal

No abstract provided.

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

The New Illinois Death Penalty: Double Constitutional Trouble, Mitchell E. Garner

Loyola University Chicago Law Journal

No abstract provided.