Law Commons^™

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.

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 …

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.

The Choice Among State Laws In Maritime Death Cases, David P. Currie

Vanderbilt Law Review

This article is about choice of law, not jurisdiction. Suffice it that the court of appeals was prepared to equate a damp Convair with a Cunarder. It is a very interesting fact that in admirality cases, unlike diversity cases, the governing substantive law, in whatever court, is predominantly federal; the Supreme Court has consistently held that the grant of admiralty jurisdiction to federal courts by the Constitution gives federal judges power to create federal decisional law, although the similarly worded diversity grant does not. If this distinction is justifiable, it must be because of the different purposes the Court has …

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 …

An Ombusdman For Local Government, Tom A. Collins

Faculty Publications

No abstract provided.

Industrial Development Bonds And Economic Policy, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

Open Space Legislation: Suggestions For A Model Act, A. D. B.

Georgia Law Review

In recent years municipal and state governments have become aware of the conservational and recreational value of natural land expanses located near urban centers. These virgin areas are generally referred to as "open space lands." Governmental interest in open space land may be attributed to a variety of factors: the radical growth of urban areas, the gradual intensification of air and water pollution, and the phenomenon of the population explosion. Furthermore, open space land disappears at a rate of about one million acres a year.' The problem, however, is more severe than this statistic would indicate due to the irregular …

Georgia's Remedies For Creditors Secured By Personal Property - Descent Into The Maelstrom, D. M. G.

Georgia Law Review

Exploration of procedures for enforcing security interests in personalty under Georgia law is a study in confusion. in the past there were five basic remedies available to secured creditors in Georgia-common law repossession, statutory trover execution and levy at law, equitable remedies, and action on the debt. In 1964 the Uniform Commercial Code became effective in Georgia. Article 9, Part 5, of the Uniform Commercial Code provides for enforcement of security interests in personalty through a comprehensive system of remedies including repossession, public and private sale, action on the debt, and equitable remedies. In some instances the Code duplicates the …

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

All Faculty Scholarship

Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of the important …

Maryland's "Some Single Work, Object Or Purpose" Clause: Keystone Of The Power Of The Executive Branch Over Appropriations - Panitz V. Comptroller Ferguson V. Goldstein

Maryland Law Review

No abstract provided.

State Aid To Industrial Development And The "Credit Clause" - Maryland Industrial Development Financing Authority V. Helfrich

Maryland Law Review

No abstract provided.

Michigan Landlord-Tenant Law: Course Of Statutory 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

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …

State Loyalty Programs And The Supreme Court, Anthony W. Mommer

Indiana Law Journal

No abstract provided.

Air Pollution Control In Indiana In 1968: A Comment, Anita L. Morse, Julian C. Juergensmeyer

Faculty Publications By Year

No abstract provided.

Book Review. Governing The Suburbs By Charles E. Gilbert, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1968, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

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, …

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 …

Avery V. Midland County: Reapportionment And Local Government Revisited, R. Perry Sentell, Jr

Georgia Law Review

EARLIER in the pages of this Review the judicial application of the "one-man-one-vote" standard to local government is discussed in detail.' As noted, the United States Supreme Court did not completely evolve this standard for state legislatures until June, 1964. Since that time, the state courts and the lower federal courts have been inundated with litigation raising the question of the basic applicability of the standard to local governments in this country, as well as a host of accompanying inquiries. This litigation and the courts' reactions to it were extensively traced. Also analyzed were the three instances in which the …

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 …

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.

County Home Rule - Sharing The State's Legislative Power With Maryland Counties, M. Peter Moser

Maryland Law Review

No abstract provided.

Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K. R. S. Chapter 100, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.

Consumer Credit Insurance--A Need For Regulation In Kentucky, J. Alan Lips

Kentucky Law Journal

No abstract provided.

A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislationcomment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock

Kentucky Law Journal

No abstract provided.

Wage Garnishment In Kentucky, Kenneth P. Alexander, Natalie S. Wilson

Kentucky Law Journal

No abstract provided.

Maintaining Welfare Families' Income In Kentucky: A Study Of The Relationship Between Afdc Grants And Support Payments From Absent Parents, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Law--First Amendment Freedoms--Kentucky Un-American Activities Committee, J. Dan Kemp

Kentucky Law Journal

No abstract provided.