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University of Michigan Law School

1973

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Full-Text Articles in Law

December 7, 1973, University Of Michigan Law School Dec 1973

December 7, 1973, University Of Michigan Law School

Res Gestae

•Book Review •Late News Briefs •Letters •Ordinance Eyed •Chief Justice Drops Bomb •Plain Talk •Grid Picks


Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review Dec 1973

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …


Treatment Of Income Tax Refunds In Bankruptcy After Lines V. Frederick, Michigan Law Review Dec 1973

Treatment Of Income Tax Refunds In Bankruptcy After Lines V. Frederick, Michigan Law Review

Michigan Law Review

Under section 70a(5) of the Bankruptcy Act, the bankruptcy trustee is entitled to take the debtor's interest in "property" that "prior to the filing of the petition [the debtor] could by any means have transferred or which might have been levied upon and sold under judicial process against him." The Act does not, however, specifically define the term "property," and, as a result, the Supreme Court has developed its own definition. No problem has been presented by money or assets held by the bankrupt at the time of filing; such items are uniformly considered to be property. Nor has a …


The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review Dec 1973

The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review

Michigan Law Review

Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …


The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider Dec 1973

The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider

Michigan Law Review

In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …


The Employee's Home Office Deduction: The Problem Of Duplicate Facilities, Michigan Law Review Dec 1973

The Employee's Home Office Deduction: The Problem Of Duplicate Facilities, Michigan Law Review

Michigan Law Review

The Internal Revenue Code expressly and impliedly allows taxpayers to deduct many business-related expenses that also fill personal needs. However, the deductibility of home office expenses under the general provision for business expenses, section 162 of the Code, has been a frequent subject of litigation. Section 162 requires that the employee establish that the expenses were "ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business." Since it is well established that working for an employer is carrying on a trade or business within the statute, in order to secure a deduction …


Tender Offers For Corporate Control, Martin Lipton Dec 1973

Tender Offers For Corporate Control, Martin Lipton

Michigan Law Review

A Review of Tender Offers for Corporate Control by Edward Ross Aranow and Herbert A. Einhorn


November 30, 1973, University Of Michigan Law School Nov 1973

November 30, 1973, University Of Michigan Law School

Res Gestae

•Ripoff Revealed •SIS! Sees All •The Sports Wire •Law School Fund •Placement News •Grid Picks


November 16, 1973, University Of Michigan Law School Nov 1973

November 16, 1973, University Of Michigan Law School

Res Gestae

•Movie •Jury Bias •Letters •Grid Picks


November 9, 1973, University Of Michigan Law School Nov 1973

November 9, 1973, University Of Michigan Law School

Res Gestae

•On the Road… •Grades Again •Letters •Cox •Campbell Competition •Semin R Slump •Grid Picks


November 2, 1973, University Of Michigan Law School Nov 1973

November 2, 1973, University Of Michigan Law School

Res Gestae

•Stockdale •Ex LIBRIS •Letters •Prof Pref •Notices •Placement News •Grid Picks


Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review Nov 1973

Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review

Michigan Law Review

The questions of the extent of an attorney's right to claim the privilege against self-incrimination during bar disciplinary proceedings and of the consequences of the exercise of the privilege has created a sharp division of opinion. The privilege against self-incrimination necessarily involves a conflict between the public's interest in disclosure and the individual's interest in privacy and nondisclosure. However, the conflict is exacerbated when the individual claiming the privilege is entrusted with important public responsibilities.


Limited Government And Judicial Review, Paul G. Kauper Nov 1973

Limited Government And Judicial Review, Paul G. Kauper

Michigan Law Review

A Book Review of Limited Government and Judicial Review by Durga Das Basu


Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review Nov 1973

Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review

Michigan Law Review

In Etat Belge v. S.A. "Fromagerie Franco-Suisse Le Ski," the Supreme Court of Belgium was faced with a conflict between a provision of the European Economic Community (EEC) treaty and a domestic law enacted subsequent to Belgian ratification of the treaty. The traditional approach in Belgium--and, incidentally, the rule in the United States--had been to give effect to whichever was enacted later in time. Although not stated explicitly in any constitutional provision, this rule had been well settled in Belgium.


The Constitutionality Of Airport Searches, Michigan Law Review Nov 1973

The Constitutionality Of Airport Searches, Michigan Law Review

Michigan Law Review

This Note will discuss airport searches in comparison to several situations in which the courts have found that the requirements of the fourth amendment do not apply or are satisfied even in the absence of a warrant: border searches, administrative searches, stop-and-frisk searches, and searches under express or implied consent. None of these are perfectly analogous to the present airport procedures. Therefore, if airport searches are to be allowed, either the procedures must be modified to fit the established exceptions, or a new exception to the warrant requirement of the fourth amendment must be created.


Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis Nov 1973

Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis

Michigan Law Review

This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …


The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review Nov 1973

The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review

Michigan Law Review

In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …


October 26, 1973, University Of Michigan Law School Oct 1973

October 26, 1973, University Of Michigan Law School

Res Gestae

•Numbers Game •Coppe •Notices •Playing the Game •Grid Picks


October 19, 1973, University Of Michigan Law School Oct 1973

October 19, 1973, University Of Michigan Law School

Res Gestae

•Plea •SIS! Sees All •Placement News •Essay •Notices •News from Other Schools •Grid Picks


October 12, 1973, University Of Michigan Law School Oct 1973

October 12, 1973, University Of Michigan Law School

Res Gestae

•Special: Legislative Report •Tax Bite •Letters •Notices •Editorial •The Legend of the Lone Ranger


October 5, 1973, University Of Michigan Law School Oct 1973

October 5, 1973, University Of Michigan Law School

Res Gestae

•On the Road… •Expose •Letters •State of Stalemate in the Court of Calamities •The Sports Wire •Law School Student Senate Campaign Rules •Grid Picks •Law Library Going Out of Business Sale


September 28, 1973, University Of Michigan Law School Sep 1973

September 28, 1973, University Of Michigan Law School

Res Gestae

•Ethics •Going it Alone •Letters •Soft Sell •The Sports Wire •Notices •Placement News •Grid Picks


September 21, 1973, University Of Michigan Law School Sep 1973

September 21, 1973, University Of Michigan Law School

Res Gestae

•Notices •On the Road… •Orientation •SIS! Sees All •Constitutional Law Essay Competition •Grid Picks •Movie


September 11, 1973, University Of Michigan Law School Sep 1973

September 11, 1973, University Of Michigan Law School

Res Gestae

•On the Road… •Mythology •Letters •Games People Play •Placement News •Clinical Program in International Law •Notices •Movie


September 7, 1973, University Of Michigan Law School Sep 1973

September 7, 1973, University Of Michigan Law School

Res Gestae

•Orientation •T. Kauper •Letters •Case of the Week


August 9, 1973, University Of Michigan Law School Aug 1973

August 9, 1973, University Of Michigan Law School

Res Gestae

•In Terrorem •The Lawyer's Lawyer •Film Showcase •Ethics


August 2, 1973, University Of Michigan Law School Aug 1973

August 2, 1973, University Of Michigan Law School

Res Gestae

•UK - Free Press - US •Letters •1973 Summer Film Showcase


Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review Aug 1973

Enforceability Of Religious Law In Secular Courts--It's Kosher, But Is It Constitutional?, Michigan Law Review

Michigan Law Review

In several different contexts-for example, in enforcing contracts that refer to religious law or in enforcing secular laws that use religious terminology-secular courts may be called upon to apply and even to interpret laws established by religious bodies. The limitations imposed by the first amendment on the courts in these areas will be discussed here in the specific context of Judaism. It is the thesis of this Note that the courts may not be as constrained in enforcing laws of religious bodies and in resolving disputes about those laws as would appear at first glance.


The Automobile Manufacturer's Liability To Pedestrians For Exterior Design: New Dimensions In "Crashworthiness", Michigan Law Review Aug 1973

The Automobile Manufacturer's Liability To Pedestrians For Exterior Design: New Dimensions In "Crashworthiness", Michigan Law Review

Michigan Law Review

Each year approximately twenty per cent of all traffic fatalities in the United States are pedestrians. Of the 54,700 people killed in traffic accidents in 1971, 10,600 were pedestrians. Cyclists made up another 850 fatalities. In addition to the over I 1,000 pedestrians and cyclists killed, an estimated 150,000 pedestrians were injured in 1971. This Note concerns the liability of automobile manufacturers for injuries caused by the exterior design of their products. The plaintiffs in most cases will be pedestrians, but exterior design defects may also injure motorcyclists, bicyclists, and, more rarely, occupants of other vehicles. For convenience, the term …


Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis Aug 1973

Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis

Michigan Law Review

This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …