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Articles 31 - 60 of 86
Full-Text Articles in Law
Hospital Emergency Service And The Open Door, Leonard S. Powers
Hospital Emergency Service And The Open Door, Leonard S. Powers
Michigan Law Review
This Article will focus on the emerging duty of hospital emergency rooms to treat patients seeking their aid.
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Crime, The Public, And The Crime Commission: A Critical Review Of The Challenge Of Crime In A Free Society, Warren Lehman
Michigan Law Review
What is the appropriate set for the mind when it mulls the report of the President's Commission on Law Enforcement and the Administration of Justice? Should it be fine grind, as is the professor's when he asks a student in his first class in law school to state the case of Regina v. Dudley & Stephens? Or should the running wheel be raised from the bedstone, as is so often the case when the professor turns to review the work of a colleague? While the latter may have the appeal of habit, there are, I think, three important reasons …
Administrative Delay And Judicial Relief, Steven Goldman
Administrative Delay And Judicial Relief, Steven Goldman
Michigan Law Review
The problem of judicial relief from protracted agency delay has been virtually undiscussed in the existing literature. The few courts that have dealt with the delay question have acted instinctively, without providing any rational framework and without articulating either relevant concerns or appropriate standards. This Article will explore the range of issues raised when courts are called upon to grant relief from excessive administrative delay.
Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander
Custodial Police Interrogation In Our Nation's Capital: The Attempt To Implement Miranda, Richard J. Medalie, Leonard Zeitz, Paul Alexander
Michigan Law Review
In his attempt to define the meaning of democracy, Carl Becker, looking back to Plato's view of society, observed that "[a]ll human institutions, we are told, have their ideal forms laid away in heaven, and we do not need to be told that the actual institutions conform but indifferently to these ideal counterparts." Becker's observation may well set the perspective from which to view what occurred when the attempt was made in the District of Columbia to implement the Supreme Court's decision in Miranda v. Arizona.
Labor Law--The Judicial Role In The Enforcement Of The "Excelsior Rule", Michigan Law Review
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 …
Lafave & Hay, Eds: International Trade, Investment, And Organization, Carl H. Fulda
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
Mayer: The Lawyers, Edwin W. Tucker
Mayer: The Lawyers, Edwin W. Tucker
Michigan Law Review
A Review of The Lawyers by Martin Mayer
Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review
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.
Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper
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 …
Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review
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.
Burke Shartel, Michigan Law Review
Burke Shartel, Michigan Law Review
Michigan Law Review
A Memorial Tribute to Burke Shartel
Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review
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.
Friendly: Benchmarks, Manuel F. Cohen
Friendly: Benchmarks, Manuel F. Cohen
Michigan Law Review
A Review of Benchmarks by Henry J. Friendly
Manne: Insider Trading And The Stock Market, Harold Marsh Jr.
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
Mankiewicz, Ed.: Yearbook Of Air And Space Law 1965, Howard J. Taubenfeld
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
Group Legal Services For Trade Associations, Richard D. Copaken
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 …
The Supreme Court And The People, Everett Mckinley Dirksen
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 …
The Alternative Amendment Process: Some Observations, Paul G. Kauper
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.
The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield
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, …
Smit, Ed: International Co-Operation In Litigation: Europe, Vittorio S. Denti
Smit, Ed: International Co-Operation In Litigation: Europe, Vittorio S. Denti
Michigan Law Review
A Review of International Co-operation in Litication: Europe edited by Hans Smit
Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.
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, …
Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson
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 …
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Michigan Law Review
Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …
Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey
Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey
Michigan Law Review
In the American political circus there is apt to be going on at any given time a number of sideshows pretty much unrelated to the action under the Big Top. Essentially harmless and perhaps even functional for the system, they include the activities of the anti-vivisectionists, campaigns to impeach the Chief Justice, and the fratricidal spasms of various Marxist-oriented splinter movements. Among these sideshows, however, one has been distinguished by its perennial character and by the attention given to it by otherwise sober and restrained persons. I refer to the attempt through state legislative petitions to get Congress to call …
Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review
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 …
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Michigan Law Review
A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Michigan Law Review
Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …
American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman
American Bar Association: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Pleas Of Guilty (Tentative Draft), Donald J. Newman
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Pleas of Guilty (Tentative Draft)
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Westin: Privacy And Freedom, Stanley K. Laughlin Jr.
Michigan Law Review
A Review of Privacy and Freedom by Alan F. Westin
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Michigan Law Review
A Review of Politics and the Regulatory Agencies by William L. Cary