Law Commons^™

The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos

Marquette Sports Law Review

No abstract provided.

The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey

Michigan Law Review

This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …

Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman

University of Michigan Journal of Law Reform

This Note defends the thesis that the teacher-certification requirement of Michigan's compulsory attendance statute is unconstitutional as applied to people who, for sincere religious reasons, believe they must teach their children at home. Michigan courts have incorrectly applied a rational-basis test in regulating religiously motivated home schools, rather than the strict scrutiny required by the U.S. Supreme Court for cases involving both the free exercise of religion and parents' interest in directing their children's education.

Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb

Dalhousie Law Journal

Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …

In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder

Michigan Law Review

A Review of Environmentally Induced Cancer and the Law by Frank B. Cross

Protecting Nonshareholder Interests In The Market For Corporate Control: A Role For State Takeover Statutes, Frank J. Garcia

University of Michigan Journal of Law Reform

Part I of this Note describes a phenomenon of modern corporate activity first identified over fifty years ago as the "separation of ownership and control." This separation gives rise to the need for a governing corporate norm; recognizing the normative aspect of this phenomenon has direct implications for the takeover debate.

Part II analyzes the problem of a target board's fiduciary duty as the modern version of the fundamental normative issue of corporate law. It argues that the norm of shareholder wealth maximization, assumed as the starting point by those most in favor of an active and minimally regulated control …

Book Reviews, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Reviews of the following books prepared by the editors of Risk on the topic of toxic tort litigation and/or public regulation of toxic substances:

Frank B. Cross, Environmentally Induced Cancer and the Law: Risks, Regulation and Victim Compensation, (1989).

Chemical Contamination and Its Victims: Medical Remedies, Legal Redress, and Public Policy (David W. Schnare & Martin T. Katzman, eds., 1989.

The Role of Science in Toxic Tort Litigation: Evaluating Causation and Risk: Drawn from Papers Presented at the TIPS Annual Meeting, August 1988, Toronto, Canada. Chicago, Ill: Tort and Insurance Practice Section, American Bar Association.

The European Economic Interest Group (Eeig): A New European Business Entity, Daniel T. Murphy

Vanderbilt Journal of Transnational Law

This Article analyzes the European Communities Regulation establishing the European Economic Interest Group (EEIG), a commercial entity whose purpose is to facilitate the economic interests of its members. Dean Murphy emphasizes that the Regulation establishes the EEIG as a Community-wide legal entity but leaves regulation of many aspects of the EEIG's status and operation to the laws of the Member States. The Regulation institutionalizes and encourages cross-border business cooperation while allowing flexibility. Dean Murphy analyzes the Regulation's provisions for formation, operation, and termination of the EEIG. He concludes that the EEIG will likely prove to be a convenient and popular …

A New Look At The European Economic Community Directive On Insider Trading, Amy E. Stutz

Vanderbilt Journal of Transnational Law

On 13 November 1989, the European Council passed a directive on the regulation of insider trading. This legislation is designed to coordinate the various laws of the European Economic Community states and to encourage investor confidence in their securities markets. In analyzing the directive, the author proposes the United States experience in the regulation of insider trading as a model for the efforts of the EEC. Considering both the strengths and weaknesses of the United States experience, the author describes the United States shift in emphasis from the regulation of individuals to the regulation of institutions. This shift reflects the …

Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey S. Lubbers

RISK: Health, Safety & Environment (1990-2002)

An introduction to the legal framework within which employees of the "twigs" on our fourth branch of government must operate. Particular attention is given to research sponsored by the Administrative Conference of the United States which has dealt with, for example, process problems in resolving specific issues and in building consensus on broad policy matters. [Excerpt] “Administrative agencies - the "twigs" on our fourth branch of government - are established to handle the details of administration deemed too painstaking, technically complex or even controversial for direct Congressional or Presidential involvement. In the current government structure, sometimes called the "modem administrative …

Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner

Northwestern Journal of International Law & Business

The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …

International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu

Michigan Journal of International Law

Past and present economic development in the Republic of China has provided a model for a successful experiment whereby a society under a workable economic and social system with very limited natural resources makes the most of what it has. Yet, the momentum of the development will not permit the R.O.C. to rest at its present stage or to reminisce about past achievements. Clearly, many more stages of economic development lie ahead. Other industrially advanced nations that operate under similar limitations, such as the Netherlands, Sweden, and Switzerland, have higher per capita income, better quality of life, and a more …

Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty

Michigan Journal of International Law

The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …

The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris

St. Mary's Law Journal

The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …