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Articles 61 - 86 of 86
Full-Text Articles in Law
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith
Michigan Law Review
The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …
The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus
Michigan Law Review
The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …
Strikes And Public Employment, Theodore W. Kheel
Strikes And Public Employment, Theodore W. Kheel
Michigan Law Review
In public employment there has been an increasing resort to strikes in all parts of the nation by employees previously immune--teachers, policemen, firemen, welfare workers, garbage collectors, hospital attendants, doctors, nurses, and zoo keepers. The strike fever is contagious, and leapfrogging demands and multiplying disputes leave government hesitant, defensive, and distracted from the unresolved problems of our urban crisis. The basic question-and the great challenge-is how to prevent strikes that imperil the public interest while still providing millions of public employees with the opportunity to participate in the process of determining the conditions of their work, an opportunity not only …
Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus
Constraints On Local Governments In Public Employee Bargaining, Charles M. Rehmus
Michigan Law Review
It is to the basic financial and administrative constraints upon the powers of local governing units that this Article is primarily directed. The examples used are taken largely from Michigan experience and Michigan law. The same limitations upon the financial and administrative powers of local government, however, exist in almost all other states. The Michigan experience with public administration and public employee bargaining should provide both a warning and a guide to other states as they cope with the so-called public employee revolution.
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Strikes And Impasse Resolution In Public Employment, Arvid Anderson
Michigan Law Review
Experience indicates that in most instances the right to strike is not an essential part of the public employment collective bargaining process.18 Thus, the crucial issue is not really whether strikes should be permitted or prohibited in the public sector, but whether the collective bargaining process itself can be made so effective absent the right to strike that the need for work stoppages will be obviated. It is my conclusion that certain proven impasse resolution procedures--mediation, fact-finding, and in some cases, even arbitration--can be substituted for the strike weapon in public employment without substantial loss in the effectiveness of collective …
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Collective Bargaining In The Public Service Of Canada: Bold Experiment Or Act Of Folly?, H. W. Arthurs
Michigan Law Review
This brief background sketch of the Canadian labor relations scene suffices to indicate that several important impediments to the introduction of a full-fledged system of public service collective bargaining which exist in the United States have no counterpart north of the border. Particularly at the practical level, there were no insuperable hurdles to the enactment of the 1967 Canadian federal law. To understand how and why the new federal statute came to be enacted within this reasonably hospitable environment, it is important to trace the course of employment relations in the Canadian Public Service.
The Coming Revolution In Public School Management, Donald H. Wollett
The Coming Revolution In Public School Management, Donald H. Wollett
Michigan Law Review
Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.
Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review
Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review
Michigan Law Review
This Note will present such an analysis, investigate the deficiencies of the current language in the Uniform Code of Military Justice, and suggest an alternative to the elusive standard that presently exists.
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Bauer & Greyser: Advertising In America: The Consumer View, Robert L. Birmingham
Michigan Law Review
A Review of Advertising in America: The Consumer View by Raymond A. Bauer and Stephen A. Greyser
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Housing Codes, Building Demolition, And Just Compensation: A Rationale For The Exercise Of Public Powers Over Slum Housing, Daniel R. Mandelker
Michigan Law Review
In programs of housing improvement and slum clearance, public agencies must often make difficult choices between the exercise of public powers of land acquisition, which require the payment of compensation, and public powers of noncompensatory regulation, which require no payment of compensation. This Article focuses on three of these programs-building demolition, urban renewal, and housing code enforcement. Public agencies may demolish slum dwellings, one at a time, without compensation. Title to the cleared site is not affected and remains in the owner after the building has been demolished. Under statutory powers of urban renewal, local public agencies may designate entire …
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review
Michigan Law Review
This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii
Michigan Law Review
No overriding theory has heretofore been proposed capable of allocating the various rules of decision in free exercise cases according to an appropriate classification of fact situations. This Article suggests an objective sociological approach to defining and weighing the governmental and religious interests inhering in a given free exercise claim in order to eliminate value preferences from the constitutional weighing process. Religious interests will be ranked according to functional criteria internal to all religious systems and not dependent upon the belief content of any given sect. State interests will be analyzed in terms of formalized modes of governmental action involving …
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Systematic Exclusion Of Negroes From Selective Service Boards: Some Proposals For Reform, Michigan Law Review
Michigan Law Review
The concept of the local draft board is based on the theory that selection of persons for compulsory military service can be accomplished most fairly by small groups of neighbors of those who are to serve. As the National Office of the Selective Service recently stated: "Because of its comparatively long association with a registrant and knowledge of what he has done, the local board is relatively well qualified to evaluate his ability to perform," A corollary to this basic theory is that a more flexible selection process evincing greater sensitivity to the problems of individual registrants can be achieved …
Tigar: Selective Service Law Reporter, Edward A. Tomlinson
Tigar: Selective Service Law Reporter, Edward A. Tomlinson
Michigan Law Review
A Review of Selective Service Law Reporter editor-in-chief, Michael E. Tigar
Levy: Origins Of The Fifth Amendment, O. John Rogge
Levy: Origins Of The Fifth Amendment, O. John Rogge
Michigan Law Review
A Review of Origins of the Fifth Amendment by Leonard W. Levy
Sax: Water Law, Planning And Policy: Cases And Materials, Lynton K. Caldwell
Sax: Water Law, Planning And Policy: Cases And Materials, Lynton K. Caldwell
Michigan Law Review
A Review of Water Law, Planning and Policy: Cases and Materials by Joseph L. Sax
Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review
Estate Tax--Life Insurance--Section 2035 As A Basis For Including Life Insurance Proceeds In The Gross Estate Of An Insured Who Paid Premiums On A Policy Owned By Another Person, Michigan Law Review
Michigan Law Review
If a decedent possessed any of the incidents of ownership of a life insurance policy, or if the policy proceeds were payable to his executor, the entire amount of the insurance proceeds is included in his estate for estate tax purposes under section 2042 of the Internal Revenue Code of 1954 (Code). However, if the decedent had transferred ownership of the policy to another person in a transaction that both met the requirements of section 2042 and was not regarded as "in contemplation of death," but continued to pay the insurance premiums until his death, it is unclear whether any …
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Restraint Of Trade--Trading Stamps--The Federal Trade Commission And The Green Stamp: The Effect Upon Competition Of Restrictions On Distribution And Redemption Of Trading Stamps, Michigan Law Review
Michigan Law Review
Sperry and Hutchinson Company (S & H), the largest trading stamp company in the United States, has maintained two policies throughout its seventy-two years of business. The one-for-ten policy requires retailers licensed by S & H to issue stamps to consumers at the rate of one stamp for every ten cents worth of merchandise purchased. The intent of this policy is to prevent retailers from engaging in "multiple stamping"-the practice of giving more than one stamp for every ten-cent purchase. This restricted rate of issuance is maintained through contractual agreements between the stamp company and its licensees. The second policy …
Cramton & Currie: Conflict Of Laws: Cases--Comments--Questions, Robert A. Leflar
Cramton & Currie: Conflict Of Laws: Cases--Comments--Questions, Robert A. Leflar
Michigan Law Review
A Review of Conflict of Laws: Cases--Comments--Questions by Roger C. Cramton and David P. Currie
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Michigan Law Review
A Review of Concerning Dissent and Civil Disobedience by Abe Fortas
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton
Michigan Law Review
This Article considers first the general understanding of legal scholars and criminologists regarding the deterrent effect of legal sanctions; a second part summarizes current knowledge concerning the effects of legal sanctions in controlling driver behavior; and a concluding section evaluates briefly the methods available for the development of needed new knowledge.
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield
Michigan Law Review
The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Labor Law--Nonemployee Union Organizers Granted Access To Company Property For Solicitation Purposes--Solo Cup Company And United Papermakers And Paperworkers, Afl-Cio, Michigan Law Review
Michigan Law Review
The principal case emphasizes the general conflict between an employee's right of self-organization under section 7 of the NLRA and the employer's right, as a property owner, to control access to his plant premises. Face-to-face contact between employees and trained union organizers at the workplace would undoubtedly be the most effective way for the union to impart organizational information to the employees. But this assumption overlooks the legitimate interests of the employer; to permit organizational activities in all parts of the plant at any time would be unduly destructive of both plant production and discipline and could result in the …
Reapportionment--Legislative Bodies--Significant Deviation From Standard Of Substantial Population Equality Of State Legislative Districts Is Permissible To Provide Representatives For Two Island Counties--Vigneault V. Secretary Of The Commonwealth, Michigan Law Review
Michigan Law Review
Since Baker v. Carr, when the Supreme Court overruled a long line of earlier decisions and concluded that the relationship of the equal protection clause to a state's power to create geographical districts for legislative representation was a justiciable issue, state apportionment plans have come under increasing judicial scrutiny. In Gray v. Sanders, the Court held invalid a Georgia primary election plan which favored voters from rural areas. Although Gray dealt with the dilution of individual voting rights rather than legislative reapportionment, it is important as the first enunciation of the now-famous "one man-one vote" test. Specifically, the …
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
The Legitimation Of Electronic Eavesdropping: The Politics Of "Law And Order", Herman Schwartz
Michigan Law Review
This Article will examine some constitutional considerations raised by wiretapping and eavesdropping in light of recent Supreme Court decisions, the probable extent of such activity, the limitations imposed upon it by title III and the ABA Standards, and the arguments for the "necessity" of electronic surveillance. Finally, a few jaundiced comments will be offered about legislative and judicial lawmaking in the field of criminal justice, particularly in a time of crisis.