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University of Michigan Law School

1968

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Articles 61 - 90 of 151

Full-Text Articles in Law

The Need For An Ombudsman In State Government, Frank E. Cooper Apr 1968

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 …

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Procedural Due Process In Administrative Law: Some Thoughts From The French Experience, Richard L. Herrmann Apr 1968

Procedural Due Process In Administrative Law: Some Thoughts From The French Experience, Richard L. Herrmann

University of Michigan Journal of Law Reform

As administrative law has grown so have the suggestions for change and reform. During the last thirty years a recurrent proposal has been that Congress create a federal administrative court. The first such bill was introduced in 1933 by Senator George Norris. In the same year the American Bar Association also championed the creation of such a court. Bills advocating an administrative court were again introduced in the Seventy-Fourth, Seventy-Fifth, and Seventy-Sixth Congress. The most recent proposal came in 1949. None were ever passed.

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Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr. Apr 1968

Swift To Erie/York, Hanna And Beyond: Proposed Solutions For A Major Problem Of Diversity Jurisdiction, E. Blythe Stason Jr.

University of Michigan Journal of Law Reform

There are four purposes of this article: First, to expose more fully the nature and dimensions of the difficult problem of determining whether a particular rule is "substantive" or "procedural"; Second, to discuss the various judicial attempts to solve it; Third, to show the shortcomings of those attempts, as manifested in both established doctrine and current federal judicial opinions; and, Fourth, to propose some solutions. It should be made clear that we are involved here with a question of allocating power within our federal union. Diversity characterization functions as an unintended device allocating power between state …

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Unconstitutional Uncertainty: A Study Of The Use Of Detainers, Donald E. Shelton Apr 1968

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.

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A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram Apr 1968

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 …

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In Memoriam; Frank E. Cooper, Allan F. Smith Apr 1968

In Memoriam; Frank E. Cooper, Allan F. Smith

University of Michigan Journal of Law Reform

A tribute to Frank E. Cooper

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The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch Apr 1968

The Nlrb And Arbitration: Is The Board's Expanding Jurisdiction Justified?, Richard I. Bloch

University of Michigan Journal of Law Reform

This article will view the functions of the arbitrator and the Labor Board, as well as the arguments for their respective jurisdictions. It will examine the history of the subject from Lincoln Mills through the most recent words on the subject. With a view of the history of the problem and an attempt to examine realistic solutions as well as pure legal logic, the attempt will be to demonstrate the glaring need today for more specifically enunciated standards on the part of the Board. The author shall propose certain aspects of the collective bargaining situation to which the Board must …

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The Trend In Water Law Development, Jerome Maslowski Apr 1968

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.

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Burke Shartel, Michigan Law Review Apr 1968

Burke Shartel, Michigan Law Review

Michigan Law Review

A Memorial Tribute to Burke Shartel

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Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review Apr 1968

Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review

Michigan Law Review

It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.

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Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review Apr 1968

Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review

Michigan Law Review

The NLRB has sought such judicial assistance in almost a dozen cases, and in most of these the courts have assumed an active role in the enforcement of the Excelsior rule. However, a few courts have not been receptive to such enforcement, and the NLRB itself has experienced some difficulty in settling upon the proper grounds for requesting judicial aid. To date, the NLRB has advanced two theories as bases for court enforcement of the requirement that employers produce Excelsior lists: (I) it has sought-under section 1337 of the Judicial Code-to invoke the general jurisdiction of federal district courts to …

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Group Legal Services For Trade Associations, Richard D. Copaken Apr 1968

Group Legal Services For Trade Associations, Richard D. Copaken

Michigan Law Review

This Article will examine the goals of the Canons of Professional Ethics in this trade association context, noting the pre-Button limitations on the representation of members of such associations, and analyzing the possible impact of the three cases on the development of group legal services in this area. Hopefully, the perspective gained from such an examination may prove useful in the difficult task immediately confronting the legal profession: reformulation of the Canons to bring them into conformity with Button, BRT and UMW while minimizing, on the one hand, the loss of those traditional conceptions which have continuing value and …

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Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review Apr 1968

Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review

Michigan Law Review

This Comment will examine the merits of Brulotte and the propriety of extending its rule to the package licensing context. In order to do this it is necessary to consider the Brulotte and Rocform decisions in somewhat greater detail.

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Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review Apr 1968

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.

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Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper Apr 1968

Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper

Michigan Law Review

A cease and desist order is not entered in a vacuum. What an order should say or require depends upon the effect which the order is to have. A substantial portion of the present study is therefore concerned with the array of effects which may result from the order's entry, and with the relationship between those effects and the order itself. Not all of the detailed discussion of enforcement procedures which follows may seem directly relevant to the content of the FTC's orders. There are important unresolved issues within the enforcement procedures themselves which warrant examination for their own sake …

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Friendly: Benchmarks, Manuel F. Cohen Apr 1968

Friendly: Benchmarks, Manuel F. Cohen

Michigan Law Review

A Review of Benchmarks by Henry J. Friendly

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Lafave & Hay, Eds: International Trade, Investment, And Organization, Carl H. Fulda Apr 1968

Lafave & Hay, Eds: International Trade, Investment, And Organization, Carl H. Fulda

Michigan Law Review

A Review of International Trade, Investment, and Organization edited by W.R. LaFave and P. Hay

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Manne: Insider Trading And The Stock Market, Harold Marsh Jr. Apr 1968

Manne: Insider Trading And The Stock Market, Harold Marsh Jr.

Michigan Law Review

A Review of Insider Trading and the Stock Market by Henry G. Manne

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Mayer: The Lawyers, Edwin W. Tucker Apr 1968

Mayer: The Lawyers, Edwin W. Tucker

Michigan Law Review

A Review of The Lawyers by Martin Mayer

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Mankiewicz, Ed.: Yearbook Of Air And Space Law 1965, Howard J. Taubenfeld Apr 1968

Mankiewicz, Ed.: Yearbook Of Air And Space Law 1965, Howard J. Taubenfeld

Michigan Law Review

A Review of Yearbook of Air and Space Law 1965 edited by Rene H. Mankiewicz

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Vol. 22, No. 18, March 29, 1968, University Of Michigan Law School Mar 1968

Vol. 22, No. 18, March 29, 1968, University Of Michigan Law School

Res Gestae

•Report from the Board •International Law Society •Return the Questionnaires •LSP Wins Important Rights for Poor Tenants •Justice Department has Busy Year •Weekender •Sendarian

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Vol. 22, No. 17, March 22, 1968, University Of Michigan Law School Mar 1968

Vol. 22, No. 17, March 22, 1968, University Of Michigan Law School

Res Gestae

•Report from the Board •Editor's Notes •Laws, Laws, Laws •Polls and Politics •Campbell Moot Court Competition •Legal Aid Court Appearances •New Legal Aid Student Board of Directors •Reflections in a Jaundiced Eye: A Meeting Between Giants •Weekender •Sendarian

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Vol. 22, No. 16, March 8, 1968, University Of Michigan Law School Mar 1968

Vol. 22, No. 16, March 8, 1968, University Of Michigan Law School

Res Gestae

•Report from the Outgoing Board •ABA Governors for Minorities •Crooks on Capus Net Thousands •Law Club Store - Bring Back Your Bottles!! •Legal Aid Secretary Accused of Stealing •Many Firms Oppose High Pay •Police Gear for Summer '68 •Gallup Poll on Crime Results Reported •The Human Condition •Weekender •Election Results

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Vol. 22, No. 15, March 1, 1968, University Of Michigan Law School Mar 1968

Vol. 22, No. 15, March 1, 1968, University Of Michigan Law School

Res Gestae

•Report from the Board •Professor Cooper Passes Away •November in March •Federal Courts and the Draft •Prison Trip Schedule •Statements of Candidates •Legal Aid Elections •Weekender •Sendarian

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Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr. Mar 1968

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.

Michigan Law Review

Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …

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Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson Mar 1968

Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson

Michigan Law Review

Article V says that on application of two-thirds of the states Congress "shall" call the convention for proposing amendments. The imperative color of this word cannot be disregarded. It leaves no discretion in Congress as to the convening of an article V assembly, although it may be consistent with some control by Congress over the modalities. A deliberate refusal on the part of Congress to call a convention, once the requisite number of state applications were in hand, may be expected, by enlarged analogy to what has been done in the recent civil rights cases and what is being proposed …

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The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield Mar 1968

The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield

Michigan Law Review

This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …

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Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review Mar 1968

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …

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The Supreme Court And The People, Everett Mckinley Dirksen Mar 1968

The Supreme Court And The People, Everett Mckinley Dirksen

Michigan Law Review

There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …

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The Alternative Amendment Process: Some Observations, Paul G. Kauper Mar 1968

The Alternative Amendment Process: Some Observations, Paul G. Kauper

Michigan Law Review

The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.

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