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Full-Text Articles in Law
An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter
An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter
Michigan Law Review
Today the securities industry is in the midst of rapid change. Indeed it has been for at least the past decade, but in recent years the pace of change has increased, and its emphasis has shifted. Legislative and administrative reforms that could not have been anticipated a decade ago are likely in the near future, and it is still impossible to predict accurately the shape of the markets of tomorrow or the rules by which they will be governed. It is the purpose of this Article to focus on these recent developments, to summarize and evaluate various proposals for reform, …
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
Modern Legislation, Metropolitan Court, Miniscule Results: A Study Of Detroit's Landlord-Tenant Court, Marilyn Miller Mosier, Richard A. Soble
University of Michigan Journal of Law Reform
This article is a description of a study of cases filed and tried in the Detroit, Michigan, Common Pleas Court, Landlord-Tenant Division, during 1970 and 1971. The court is in a large urban center and handles a high volume of cases, in most of which one or both parties appear without an attorney. The impetus for the study was Michigan legislation passed in 1968, which gave tenants additional defenses to summary eviction procedures. The main goal of the study was to observe the effects of the legislation on tenants who were subject to summary proceedings in Detroit. The purpose of …
Bankruptcy Proceedings For Insolvent Decedents' Estates, Richard V. Wellman
Bankruptcy Proceedings For Insolvent Decedents' Estates, Richard V. Wellman
University of Michigan Journal of Law Reform
Under present law, bankruptcy proceedings cannot be instituted by or against insolvent decedents' estates. Creditors of insolvent decedents must look to state probate laws for satisfaction. But these laws are more concerned with the control of solvent estates than with the affairs of the impecunious. Also, transfers of wealth at death by nonprobate means are coming to be the rule rather than the exception, and it is frequently very difficult for creditors of decedents to obtain satisfaction of unsecured claims from nonprobate assets. This article advocates the extension of bankruptcy laws to insolvent decedents' estates and explores problems and solutions …
Federal Tax Administration And The Small Taxpayer, L. Hart Wright
Federal Tax Administration And The Small Taxpayer, L. Hart Wright
University of Michigan Journal of Law Reform
The actual or supposed complexity of substantive federal tax law has generated two unresolved administrative by-products of peculiar importance in the case of small taxpayers. In each of these circumstances the Internal Revenue Service (and in one, the Congress) has tended to default on its programmatic responsibility to facilitate payment by small taxpayers of no less and no more than they owe under the tax law. For too long and to too large an extent, these taxpayers, although completely bewildered and devoid of self-confidence in the conduct of their tax affairs, have had to fend for themselves, both at return …
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
Substance And Procedure In The Construction Of The National Environmental Policy Act, Lloyd A. Fox
University of Michigan Journal of Law Reform
In 1969 Congress enacted the National Environmental Policy Act (NEPA or Act) in an effort to deal with the many environmental problems facing the United States. In the three years that the Act has been in force, a large number of suits has been filed by environmental organizations seeking to enforce the standards enunciated in NEPA. The courts hearing these cases generally agree that NEPA imposes only procedural duties on administrative agencies. This implies that the courts will merely determine whether the agency in question has complied with the procedural requirements contained in Section 102 of the Act. This further …
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
The Roles Of Architect And Contractor In Construction Management, John E. Lehman
University of Michigan Journal of Law Reform
For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …
Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler
Shareholder Derivative Actions: A Modest Proposal To Revise Federal Rule 23.1, Robert A. Kessler
University of Michigan Journal of Law Reform
The purpose of this article is to suggest the addition of two words, "if necessary"-or better yet, the phrase "if necessary under the law of the forum state"-to clause (1) of Federal Rule of Civil Procedure 23.1. This Rule sets forth the requirements for a shareholder's derivative action in the federal courts.