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University of Michigan Law School

1972

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Articles 31 - 60 of 125

Full-Text Articles in Law

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


July 14, 1972, University Of Michigan Law School Jul 1972

July 14, 1972, University Of Michigan Law School

Res Gestae

•Transfer? •Student Lounge •Trivia •Literary Supplement


June 23, 1972, University Of Michigan Law School Jun 1972

June 23, 1972, University Of Michigan Law School

Res Gestae

•Board Recommends Back Pay on File Review Case •Sally Rutzky: What is a Law Student Activist? •Dean •DEMs •Need Money? •Res Gestae Literary Supplement


June 9, 1972, University Of Michigan Law School Jun 1972

June 9, 1972, University Of Michigan Law School

Res Gestae

•New Admissions Dean Named •Blumrosen Here Friday •RG Staff Meeting •Summer Res Gestae First Edition •Fan Mail •Guest Column •Res Gestae Literary Supplement •


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 …


April 28, 1972, University Of Michigan Law School Apr 1972

April 28, 1972, University Of Michigan Law School

Res Gestae

•Mayor to Hanoi •Ransford Resigns •Fan Mail •Editorial •Countertorial •Placement Office Use Declines for 1971-72 •Dean Calls ABA Proposal "Serious Mistake" •Books •New Bluebook Reg •You Do This Once Every Few Days Department? •Law School Coalition for Peace Starts Petition Drive •Far From the Madding Crowd


April 21, 1972, University Of Michigan Law School Apr 1972

April 21, 1972, University Of Michigan Law School

Res Gestae

•ABA Seeks Dossiers on Law School Applicants •Fan Mail •Gribbs •Sis! •All-Male Yale Club in Trouble. Mory's Drying Up •Late News •You Do This Every Week? Dept.


April 14, 1972, University Of Michigan Law School Apr 1972

April 14, 1972, University Of Michigan Law School

Res Gestae

•The Gruening of Alaska •LSSS Proposal •Letters •Jackson Clears Muck •Women's Law •Fall Out •Journal News •Late News


April 7, 1972, University Of Michigan Law School Apr 1972

April 7, 1972, University Of Michigan Law School

Res Gestae

•Catch 777.3 •Gothic Estate Rehab •New Library •Nit News •Big Sister is Watching You Awards of the Week •Late Muck Rake •Notes from the Other Side of this Life •ELS •Gripe Meter Read •Wilkinson •N.B. •GM Meets Students •Honors Convo •Have You Bent Over Once too Often?


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 …


March 31, 1972, University Of Michigan Law School Mar 1972

March 31, 1972, University Of Michigan Law School

Res Gestae

•Women in Law II •Luncheon at The Standard Club •Letters •What's Coming Down in the Courts •Render unto Caesar •Placement •Moola


March 24, 1972, University Of Michigan Law School Mar 1972

March 24, 1972, University Of Michigan Law School

Res Gestae

•Woodcock •Kramer •Editorial •Sis •Pirgim Approved •Reflections of a Jaundiced Eye •ELS •Clinical Program in International Law •Jane Mixer Memorial Award Nominations


March 10, 1972, University Of Michigan Law School Mar 1972

March 10, 1972, University Of Michigan Law School

Res Gestae

•A Young Lawyer Goes into Labor •Three Vignettes Our of Room 150 •Letters •Libations •Big Sister is Watching You Award of the Week •Carpings: Competition •Theater: I Never Sang… •Design •LS Election Results •John's Home


March 3, 1972, University Of Michigan Law School Mar 1972

March 3, 1972, University Of Michigan Law School

Res Gestae

•Women in Law •A Grade Rap •Pass-Fail Jabber •Undergraduate Law Teaching •Placement •Citizen's Defender •Announcements •Letter •Law Wives Association •Why We Oppose Votes for Men •Crossword •Critique •The Day Bill Told Off His Boss •Candidates' Statements


Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review Mar 1972

Torts--Wrongful Death--Unborn Child--The Estate Of An Unborn Child Has A Cause Of Action For Wrongful Death--O'Neill V. Morse, Michigan Law Review

Michigan Law Review

The attitude of the law toward the unborn child has differed according to the area involved and its underlying concepts and policy. It has been settled en ventre sa mere be to his benefit. Legal recognition was accorded "for the purpose of providing for and protecting the child, in the hope and expectation that it will be born alive and be capable of enjoying those rights which are thus preserved for it in anticipation." In this context, the live-birth requirement is not surprising. The injustice of depriving a posthumous child of an inheritance is apparent only if the child is …


Rostow: Is Law Dead?, Francis A. Allen Mar 1972

Rostow: Is Law Dead?, Francis A. Allen

Michigan Law Review

A Review of Is Law Dead? by Eugene V. Rostow


Duties Of The Independent Director In Open-End Mutual Funds, Michigan Law Review Mar 1972

Duties Of The Independent Director In Open-End Mutual Funds, Michigan Law Review

Michigan Law Review

This Comment will analyze the role of independent directors in open-end mutual funds. It will consider the potential impact of recent decisions and statutory amendments and explore the possibilities of a more significant role for such directors. The discussion will focus on the following aspects of the directors' role: (1) the duty to review contractual arrangements between the fund and the external adviser; (2) the duty to serve as a "watchdog" over fund policy, brokerage allocation on portfolio transactions, and miscellaneous fund operations; and (3) the responsibilities upon the sale or merger of the investment adviser. In order to appreciate …


Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review Mar 1972

Admiralty--Torts--Recovery Permitted For Mental Suffering Of Surviving Spouse In Death Action Under General Maritime Law--In Re Sincere Navigation Corp., Michigan Law Review

Michigan Law Review

A recent federal district court decision, In re Sincere Navigation Corp. allowed recovery for the emotional distress of the spouse and the children of a seaman killed in a collision on the Mississippi River ·within the territorial waters of Louisiana. The action for ·wrongful death was brought under general maritime law through a new federal remedy first announced in Moragne v. States Marine Lines, lnc. Moragne did not specifically enumerate the elements of damage for which recovery would be allowed; instead it left the question open for consideration in later decisions. Whether any recovery was permitted under general maritime law …