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Full-Text Articles in Law

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review Dec 1972

Minority Enterprise, Federal Contracting, And The Sba's 8 (A) Program: A New Approach To An Old Problem, Michigan Law Review

Michigan Law Review

In partial response to the problems of the minority businessman, the Small Business Administration (SBA) has developed the 8(a) Program to channel government contracts to businesses owned by disadvantaged persons. This is accomplished through a procedure whereby the SBA contracts with another federal agency to provide that agency with goods or services, and then subcontracts that obligation to a qualified small business on a noncompetitive basis. The withdrawal of these contracts from competitive bidding has recently resulted in the institution of a number of federal court suits alleging inter alia that the 8(a) Program denies to whites the equal protection …


Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield Dec 1972

Military And Foreign Affairs Function Rule-Making Under The Apa, Arthur Earl Bonfield

Michigan Law Review

There is an obvious need to conduct our governmental affairs effectively. expeditiously. and inexpensively. No administrative rule-making procedure is acceptable unless it fairly takes account of this consideration. Consequently, procedural requirements that unduly fetter agency action. or frustrate its purposes. are obvious!} unwise. What is needed, therefore. is a system of rule-making that will strike a sensible balance between the need for adequate public participation in that process. and the need for efficient government. In striking that balance. society's interest in involving affected members of the public in administrative rule-making at an early stage is not so slight that it …


The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review Dec 1972

The Concurrent State And Local Regulation Of Marijuana: The Validity Of The Ann Arbor Marijuana Ordinance, Michigan Law Review

Michigan Law Review

The City Council of Ann Arbor, Michigan, has recently amended the City's "marijuana ordinance" so that it prohibits the possession, control, use, giving away, or sale of marijuana, and specifies a five dollar fine as punishment for violations of the ordinance. The State of Michigan has also legislated to prohibit marijuana-related activities, specifying a number of different offenses with penalties ranging as high as four years in prison, or a 2,000 dollar fine, or both. By enacting the ordinance, the City government has minimized the criminal sanctions for an activity it has found essentially benign, pursuant to certain local purposes. …


Private Trusts For Indefinite Beneficiaries, George E. Palmer Dec 1972

Private Trusts For Indefinite Beneficiaries, George E. Palmer

Michigan Law Review

Recently, in McPhail v. Doulton (In re Baden's Deed Trusts), the House of Lords reached a decision that marks an important change in the English law of trusts which could be important also for American law. It held that there is a single test of validity for private trusts and for powers of appointment where the issue is whether the beneficiaries of the trust or the objects of the power are sufficiently definite, and that this single test is that applicable to powers of appointment. For nearly 170 years, since the decision in Morice v. Bishop of Durham, …


Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb Dec 1972

Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb

Michigan Law Review

A Review of Impact of New Weapons Technology on International Law: Selected Aspects by Eric Stein


Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren Dec 1972

Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren

Michigan Law Review

A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich


The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review Nov 1972

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2


Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer Nov 1972

Alternatives To Administrative Trial-Type Hearings For Resolving Complex Scientific, Economic, And Social Issues, Barry B. Boyer

Michigan Law Review

Within the current wave of criticism directed at the federal administrative agencies, a traditional theme of administrative law is frequently echoed: agencies have allowed their proceedings to become over-judicialized, and ought to engage in more rule-making to avoid the slow, cumbersome, and repetitious process of case-by- case adjudication. As if to confirm the urgency of these calls for greater use of the rule-making power, examples occasionally surface which suggest that trial-type proceedings may collapse under their own weight and force some agencies to resort to rule-making if they are to accomplish anything at all. Thus, the Interstate Commerce Commission has …


Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate Nov 1972

Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate

Michigan Law Review

A Book Review of Income Taxation of Foreign Related Transactions by Rufus von Thülen Rhoades


Ehrenzweig: Psychoanalytic Jurisprudence, Edgar Bodenheimer Nov 1972

Ehrenzweig: Psychoanalytic Jurisprudence, Edgar Bodenheimer

Michigan Law Review

A Book Review of Psychoanalytic Jurisprudence by Albert A. Ehrenzweig


The Presidential Monopoly Of Foreign Relations, Raoul Berger Nov 1972

The Presidential Monopoly Of Foreign Relations, Raoul Berger

Michigan Law Review

Because of the widespread ramifications of foreign relations, discussion must perforce be confined to presidential executive agreements, and whether the Senate may be excluded from knowledge of, and participation in, negotiations with foreign nations as a part of the treaty-making process. Mention only can be made of the legislative shortcomings which have contributed to the all but total takeover of foreign relations by the President, and of the need for procedural reform in the Senate if its participation is to be effective. Could we view the matter as an original question, that is, were we drafting or amending a Constitution …


Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen Nov 1972

Strangers In Paradise: Griggs V. Duke Power Co. And The Concept Of Employment Discrimination, Alfred W. Blumrosen

Michigan Law Review

In March 1966, the Equal Employment Opportunity Commission (EEOC) negotiated an extensive agreement with the Newport News Shipyard to eliminate employment discrimination. The outcome of these negotiations-which were conducted by the Office of Conciliations which I then headed-was the first major achievement for the EEOC under title Vll of the Civil Rights Act of 1964. Following that episode, Ken Holbert, Deputy Chief of Conciliations, and I decided to try to negotiate a model conciliation agreement on the subject of discriminatory employment testing. We knew that many companies had introduced tests in the 1950's and early 1960's when they could no …


Warrants In Bond-Warrant Units: A Survey And Assessment, Henry B. Reiling Aug 1972

Warrants In Bond-Warrant Units: A Survey And Assessment, Henry B. Reiling

Michigan Law Review

This Article surveys the warrant in the context of a bond-warrant unit (the typical medium of issuance), and in four main subdivisions assesses (I) the warrant's role in corporate finance, and several major implications and features of its use today for (II) shareholders of the prospective issuer, (III) warrant holder, and (IV) issuer. The present status of the warrant as a highly significant mode of financing requires that particular attention be given to the justification for the issuance of warrants in the light of earlier authoritative criticism, and to the tax consequences and concepts now attending their use. Fortunately, several …


Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart Aug 1972

Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart

Michigan Law Review

Credit cards have been used as a means of facilitating delayed-payment purchases since early in this century. The first credit card systems were operated by retailers and service organizations in connection with the merchandising of their products. While such programs were used in local markets by department stores, oil companies were the first issuers to recognize the potential of credit card plans in larger geographical areas. In the early 1950's a new phase in credit card development evolved with the emergence of firms engaging solely in the extension of credit. These firms-Diners' Club, American Express, and Hilton Credit Corporation with …


The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review Aug 1972

The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review

Michigan Law Review

The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …


The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review Aug 1972

The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review

Michigan Law Review

This Comment will first examine whether the equal protection or due process clauses of the Constitution presently proscribe disparate treatment of the putative father, as compared with other parents, in regard to parental privileges. Attention will then be given to an assessment of the potential impact of the proposed "equal rights" amendment on the putative father's rights in relation to his illegitimate child.


Friesen, Gallas & Gallas: Managing The Courts, William A. Mcrae Jr. Aug 1972

Friesen, Gallas & Gallas: Managing The Courts, William A. Mcrae Jr.

Michigan Law Review

A Review of Managing the Courts by Ernest C. Friesen, Edward C. Gallas, and Nesta M. Gallas


Stein: Harmonizing Of European Company, Richard M. Buxbaum Aug 1972

Stein: Harmonizing Of European Company, Richard M. Buxbaum

Michigan Law Review

A Review of Harmonization of European Company Laws by Eric Stein


Max Planck Institute For Comparative Public Law And International Law: Judicial Protection Against The Executive, Pieter Van Dijk Jun 1972

Max Planck Institute For Comparative Public Law And International Law: Judicial Protection Against The Executive, Pieter Van Dijk

Michigan Law Review

A Review of Judicial Protection Against the Executive Edited by the Max Planck Institute for Comparative Public Law and International Law


Recent Trends In Transport Rate Regulation, Leonard S. Goodman Jun 1972

Recent Trends In Transport Rate Regulation, Leonard S. Goodman

Michigan Law Review

The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …


Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan Jun 1972

Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan

Michigan Law Review

A citizen critic recently expressed to me his bitter opposition to the Warren Court's decisions on school prayer and school desegregation. If this critic were elected governor of a state or placed in some other position of governmental authority, he would almost certainly use his power to block public school desegregation and to encourage prayer reading in the public schools. Conceding that our critic would be acting controversially in so using his power, would he be acting unconstitutionally? This is the question which this Article will attempt to answer. More generally, this Article will consider the extent to which a …


Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review Jun 1972

Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review

Michigan Law Review

Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …


Representation Of The Public Interest In Michigan Utility Rate Proceedings, Michigan Law Review Jun 1972

Representation Of The Public Interest In Michigan Utility Rate Proceedings, Michigan Law Review

Michigan Law Review

Although the Free Press study centered on political and economic issues, the operation of the Michigan Public Service Commission also raises significant issues regarding the role of public intervenors, agency compliance with statutory requirements, statutory construction, and legislative response to regulatory deficiencies. This Comment will consider the representation of the public interest in Michigan utility proceedings in the context of rate cases involving the state's major utilities. While such an analysis does not reach the breadth of activities performed by the Commission, it is suggestive of the extent to which the Commission is responsive to the public interest generally. Following …


Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner May 1972

Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner

Michigan Law Review

The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement.


Deferred Compensation Arrangements Under Section 83 Of The Internal Revenue Code: Is Restricted Property Still A Viable Means Of Compensation?, Michigan Law Review May 1972

Deferred Compensation Arrangements Under Section 83 Of The Internal Revenue Code: Is Restricted Property Still A Viable Means Of Compensation?, Michigan Law Review

Michigan Law Review

When faced with the problem of compensating key executives, employers have tended to avoid the exclusive use of current cash compensation, since this would result in an immediate and substantial income tax to highly paid employees. Deferred compensation plans have been utilized in order to maximize tax benefits for employees, such as deferred recognition of income and capital gains treatment. Although such plans are structured to meet the needs of the particular employer and employee, several forms of deferred compensation are common. Among these are qualified and unqualified pension, profit-sharing, and stock bonus plans; qualified, restricted, and employee stock purchase …


The Regulation Of Subsidies Affecting International Trade, Warren F. Schwartz, Eugene W. Harper Jr. Apr 1972

The Regulation Of Subsidies Affecting International Trade, Warren F. Schwartz, Eugene W. Harper Jr.

Michigan Law Review

We will begin by examining the basic contours of the present GATT regulation of subsidies. We will then consider the theory of comparative advantage underlying the GATT regime and introduce the complications of externalities and the governmental process designed to take account of them. Finally, we will make some tentative suggestions for changes in rules and institutions that might serve to improve the present state of affairs.


Adjustment To Hardship Caused By Imports: The New Decisions Of The Tariff Commission And The Need For Legislative Clarification, Carl H. Fulda Apr 1972

Adjustment To Hardship Caused By Imports: The New Decisions Of The Tariff Commission And The Need For Legislative Clarification, Carl H. Fulda

Michigan Law Review

The General Agreement on Tariffs and Trade, known as GATT, embodies the commitments of its contracting parties, now numbering eighty countries, to enter "into reciprocal and mutual advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce."


Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis Jr. Apr 1972

Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis Jr.

Michigan Law Review

It is generally recognized that efforts toward meaningful pollution control by an industrialized nation or group of nations raise economic problems at the international level. Discussion has touched upon the balance of trade and the effects for developing countries. Yet there seems to have been little attempt to analyze how these problems will manifest themselves and how they may be resolved within the current international legal-economic ordering system. This Article cannot deal with them all, but will examine closely the international competitive disincentives to truly effective pollution-control efforts in the industrialized countries, where environmental imperatives bear heavily on national decision-makers. …


Wilkins V. Bentley: Getting Out The Student Vote In Michigan, Michigan Law Review Apr 1972

Wilkins V. Bentley: Getting Out The Student Vote In Michigan, Michigan Law Review

Michigan Law Review

The right to vote is one of the most precious constitutional rights. The Supreme Court has described it as preservative of all rights, a fundamental matter in a free and democratic society, and a bedrock of our political system. Justice Black once stated, "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live." It supports not only the individual's personal interest in self-government, but also the collective societal interest in broadly based consensual representation. The magnitude of these …


Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review Apr 1972

Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review

Michigan Law Review

The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …