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University of Michigan Law School

Journal

1981

Articles 31 - 60 of 129

Full-Text Articles in Law

Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash May 1981

Reflections On The Exclusionary Zoning Of American Nature, A.E. Keir Nash

Michigan Law Review

Joseph Sax's Mountains Without Handrails: Reflections on the National Parks deserves more serious scrutiny than does the typical pro-wilderness treatise about the optimum future of our nation's public lands. That is because beneath its elegant form lies a unique argument. Sax's stated central aim is to test the core "preservationist" position concerning nonbusiness use of public lands to determine whether it is a position that Congress, administrative agencies, and the public "should be inclined to follow" (p. 3). The question is, given the "enormous growth of recreation in recent years" (p. 2), whether the national parks, forests, and deserts should …

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A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain Apr 1981

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …

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Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester Apr 1981

Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester

University of Michigan Journal of Law Reform

This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …

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The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake Apr 1981

The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake

University of Michigan Journal of Law Reform

In recent years, Blue Cross/Blue Shield has been the subject of considerable controversy. Its critics charge the non-profit, tax-exempt corporation with being unduly secretive, arrogantly unresponsive to consumer interest and not vigorous in its cost containment efforts. These criticisms, along with a variety of other factors, led to the legislative reform I am here to talk to you about this evening.

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Implied Private Rights Of Action Under The Securities Act Of 1933 Section 17(A), Steven M. Stankewicz Apr 1981

Implied Private Rights Of Action Under The Securities Act Of 1933 Section 17(A), Steven M. Stankewicz

University of Michigan Journal of Law Reform

This article considers the existence of a private right of action under Securities Act section 17(a). Part I examines the evolving implication doctrines, and their applicability to section 17(a).Part II discusses the need for a statutory solution and the treatment of implied rights of action under the American Law Institute's proposed Federal Securities Code.

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Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley Apr 1981

Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley

University of Michigan Journal of Law Reform

At a 1979 workers' compensation seminar for the Michigan Legislature, University of Michigan law professor Marcus Plant closed by noting that "[m]y intent was to sketch in broad strokes the background of our workers' disability compensation law. It is my firm belief that wise decisions as to where we should go cannot be made unless we know how we got where we are. " I share Professor Plant's belief. I feel strongly that wise public policy decisions about where we should go next in the reform process depend substantially on a good understanding of how we got where we are …

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Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley Apr 1981

Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley

University of Michigan Journal of Law Reform

This article critically examines the extraordinary nuclear occurrence threshold in light of its congressional purpose. Part I surveys the Price-Anderson Act's nuclear liability scheme. Part II focuses on the extraordinary nuclear occurrence threshold, scrutinizing its content and its application to the Three Mile Island accident. Part III discusses the need for reform of the nuclear liability waiver of defenses scheme, concluding that the threshold should be abolished.

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Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki Apr 1981

Bankruptcy Court Jurisdiction To Modify Alimony Payments Of Chapter 13 Debtors, Peter Swiecicki

University of Michigan Journal of Law Reform

This article examines a bankruptcy court's power to modify a chapter 13 debtor's alimony payments. Part I discusses the bankruptcy court's jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the …

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The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego Apr 1981

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …

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Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen Apr 1981

Reflections On Alfred Hill's "Testimonial Privilege And Fair Trial", Peter Westen

University of Michigan Journal of Law Reform

I have learned a great deal from "Testimonial Privilege and Fair Trial"-as I always do from Professor Hill's work. Indeed, he has changed my way of thinking in this area in several important respects. At the same time, I come to rather different conclusions than he regarding each of his three major topics. Part I of this article examines the problem of finding a "remedy" for testimonial privileges that violate a defendant's right to a fair trial. Part II discusses the problem of determining when a defendant is entitled to assert that the "right" has been violated. Finally, Part III …

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Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin Apr 1981

Selected Problems In Wrap-Around Financing: Suggested Approaches To Due-On-Sale Clauses And Purchaser's Depreciable Basis, Sanford M. Guerin

University of Michigan Journal of Law Reform

This article will address two unresolved issues surrounding the WA transaction which result from the inherent flexibility available for negotiating financing terms in the absence of an institutional lender. Part I discusses the circumstances warranting exclusion of the WA loan from the purchaser's depreciable basis. Part II addresses whether, and when, a due-on-sale clause in the senior mortgage should negate the possibility of utilizing WA financing.

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Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review Apr 1981

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.

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Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review Apr 1981

Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review

Michigan Law Review

This Note urges courts to recognize a private right of action under section 503. Part I reviews all the evidence of legislative intent available today. It concludes that by now the congressional desire for a private right of action has become abundantly clear. Part II examines the more difficult issue of when that congressional desire crystallized into law. It finds ample reliable evidence that a private right of action has existed since Congress first passed section 503 in 1973.

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Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review Apr 1981

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …

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The Feudal Framework Of English Law, Robert C. Palmer Apr 1981

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom

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A True Deliverance: The Joan Little Case, Michigan Law Review Mar 1981

A True Deliverance: The Joan Little Case, Michigan Law Review

Michigan Law Review

A Review of A True Deliverance: The Joan Little Case by Fred Harwell

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Two Theories Of Criminal Justice, Alsen D. Miller Mar 1981

Two Theories Of Criminal Justice, Alsen D. Miller

Michigan Law Review

A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross

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Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler Mar 1981

Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler

Michigan Law Review

A Review of Constitutional Law: Cases and Materials by Edward L. Barrett, and Constitutional Law: Principles and Policy by Jerome A. Barron and C. Thomas Dienes, and The Process of Constitutional Decisionmaking by Paul Brest, and Constitutional Law--Cases ad Other Problems by Paul A. Freund, Arthur F. Sutherland, Mark DeWolf Howe and Ernest J. Brown, and Constitutional Law: Cases and Materials by Gerald Gunther, and Constitutional Law: Case and Materials b Paul Kauper and Francis Beytagh, and Constitutional Law: Cases--Comments--Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper.

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Hired Guns, Norval Morris Mar 1981

Hired Guns, Norval Morris

Michigan Law Review

A Review of Partisan Justice by Marvin E. Frankel

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Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review Mar 1981

Law And Politics: The House Of Lords As A Judicial Body, 1800-1976, Michigan Law Review

Michigan Law Review

A Review of Law and Politics: The House of Lords as a Judicial Body, 1800-1976 by Robert Stevens

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Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review Mar 1981

Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review

Michigan Law Review

A Review of Street-Level Bureaucracy: Dilemmas of the Individual in Public Services by Michael Lipsky

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Lawyers And The Pursuit Of Legal Rights, Michigan Law Review Mar 1981

Lawyers And The Pursuit Of Legal Rights, Michigan Law Review

Michigan Law Review

A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger

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Britain, Blacks, And Busing, Derrick Bell Mar 1981

Britain, Blacks, And Busing, Derrick Bell

Michigan Law Review

A Review of Doing Good By Doing Little: Race and Schooling in Britain by David L. Kirp

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The American Prosecutor: A Search For Identity, Michigan Law Review Mar 1981

The American Prosecutor: A Search For Identity, Michigan Law Review

Michigan Law Review

A Review of The American Prosecutor: A Search for Identity by Joan E. Jacoby

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Popular Justice: A History Of American Criminal Justice, Michigan Law Review Mar 1981

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker

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The Perils Of Writing An Intellectual History Of Torts, George C. Christie Mar 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White

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Social Research And The Use Of Medieval Criminal Records, Edward Powell Mar 1981

Social Research And The Use Of Medieval Criminal Records, Edward Powell

Michigan Law Review

A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt

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Public School Meltdown, Stephen Arons Mar 1981

Public School Meltdown, Stephen Arons

Michigan Law Review

A Review of Education by Choice: The Case for Family Control by John Coons and Stephen Sugarman

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Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review Mar 1981

Beating A Rap? Defendants Found Incompetent To Stand Trial, Michigan Law Review

Michigan Law Review

A Review of Beating a Rap? Defendants Found Incompetent To Stand Trial by Henry J. Steadman

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Law, Policy, And The Public Schools, Mark G. Yudof Mar 1981

Law, Policy, And The Public Schools, Mark G. Yudof

Michigan Law Review

A Review of Legislated Learning: The Bureaucratization of the American Classroom by Arthur Wise

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