Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

1981

Discipline
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 166

Full-Text Articles in Law

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards Dec 1981

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.

Go to article

Accrual Of Gambling Debts Under Internal Revenue Code Section 451, Michigan Law Review Dec 1981

Accrual Of Gambling Debts Under Internal Revenue Code Section 451, Michigan Law Review

Michigan Law Review

This Note examines whether an accrual-basis taxpayer must include a legally unenforceable claim in taxable income when it is executed or satisfied. Section I of the Note interprets the "all events test" to require measurement of the likelihood of payment of a debt at the time it is executed: If payment is sufficiently certain, the debt must be accrued. The section concludes that the casinos must include the outstanding markers as income in the year of their execution, and cannot postpone their inclusion until the debts are repaid. Section II argues that accrual-method taxpayers are entitled to use a "bad …

Go to article

Private Lawyers And Public Responsibilities, Carl Mcgowan Dec 1981

Private Lawyers And Public Responsibilities, Carl Mcgowan

Michigan Law Review

A half-century ago when this Law Quadrangle was conceived and constructed, it was surely an act of faith on the part of its wise and generous donor. So it was also of this University which undertook the challenge to make of his vision a reality - to provide, in the most magnificent plant for legal education this country has ever seen, instruction in the law and constant refinement of its ideals worthy of the most rigorous traditions of the higher learning.

Go to article

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg Dec 1981

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …

Go to article

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review Dec 1981

Cults, Deprogrammers, And The Necessity Defense, Michigan Law Review

Michigan Law Review

This Note considers the applicability of the necessity defense in criminal prosecutions of parents and deprogrammers. Part I explores the conflicting policies that underlie the traditional necessity defense, and suggests that courts replace their unitary approach to necessity with a "choice of evils" defense - for actors reasonably attempting to avoid a greater evil - and a "compulsion" defense - for actors reacting understandably to the pressure of circumstances. Part II applies these defenses to deprogramming cases, and concludes that rarely may they be advanced successfully.

Go to article

Intramilitary Immunity And Constitutional Torts, Michigan Law Review Dec 1981

Intramilitary Immunity And Constitutional Torts, Michigan Law Review

Michigan Law Review

This Note examines the reasoning underlying these conflicting approaches and concludes that a general rule of qualified immunity, which more fully protects the constitutional rights of members of the armed forces, is also consistent with the legitimate needs of the military establishment. Part I demonstrates that courts considering the scope of immunity in constitutional tort cases cannot rely blindly upon the rules and policies applicable in nonconstitutional cases, but must also accommodate the constitutional interests. Part II applies this principle to cases involving military officers. It argues in Section A that Feres v. United States does not support an absolute …

Go to article

Justice, Bureaucracy, And Legal Method, Jospeh Vining Dec 1981

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …

Go to article

Vol. 30, No. 11, November 25, 1981, University Of Michigan Law School Nov 1981

Vol. 30, No. 11, November 25, 1981, University Of Michigan Law School

Res Gestae

•Clinic Meeting Draws a Crowd •Sandalow: Service Not School's Job •Competition Out of Hand? •Student on Leave Commits Suicide •Martin Narrows it Down •Don't Count on Emanuel's •Senate Votes to Lobby Dean, Faculty on Clinic •Auld Lang Syne •Delightful, Delovely-Delibrary •How To Fund Clinic •LSAT To Change in 1982 •Bureaucratese Enters Supply-Side Theory •Love and the Art of Loving •Basketball Forecast •Fear and Loathing on a Flyback •Law in the Raw

Go to article

Vol. 30, No. 10, November 18, 1981, University Of Michigan Law School Nov 1981

Vol. 30, No. 10, November 18, 1981, University Of Michigan Law School

Res Gestae

•Nothing To Hide •Cheating Ring Suspected •Campbell: Focus on the First •Res Gestae Sponsors Football Tourney •Notices •Student Senate Report •Is Clinic Review a Trojan Horse? •America Needs More Punk •Sweeping Changes Needed •Reflections of a Cub Reporter •An Opportunity to One-up Reaganomics •Learning To Love the Muse •Art Schlichter: The Man Without a Team •Senate Defends Clinic Program •Law in the Raw

Go to article

Vol. 30, No. 9, November 11, 1981, University Of Michigan Law School Nov 1981

Vol. 30, No. 9, November 11, 1981, University Of Michigan Law School

Res Gestae

•School Computer Stolen •Cost of Life? •Helmet Law Ripped by the 'Briefs' •Parental Rights on the Line •Notices •Students Get Chance to Review Clinic •Curriculum Changes •Censorship in Hutchins? •Union Dumps on Cellar •It's Pretty, But Does It Work? •Cash Dash Causes Brain Drain •Musical Fads Follow Mayflower •MNDC Dump Faculty •Sports in Short •View from the Jury Box •Law in the Raw

Go to article

Vol. 30, No. 8, November 4, 1981, University Of Michigan Law School Nov 1981

Vol. 30, No. 8, November 4, 1981, University Of Michigan Law School

Res Gestae

•·VIP's Grace Dedication •Capital Asset •The Saint Endowed •Senate Votes To Ban Smoking In Library •The Clinic Finds A New Home •Notices •Radical Law Does Exist •Shabby Treatment •Swanny Song •Working Towards Equal Justice •Mr. Meechigan: The Spirit of Saturdays •Why Some 60's Rockers Last •High Scoring Natty Dread in 'A' Playoff •Heels- Tigers Clash •Law in the Raw

Go to article

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert Nov 1981

Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert

Michigan Law Review

When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …

Go to article

Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft Nov 1981

Business Decisions By The New Board: Behavioral Science And Corporate Law, Robert J. Haft

Michigan Law Review

This Article's thesis is that, by reason of its recently secured independence from management domination, the boards of directors of large American corporations are now in a unique position to make business decisions of the highest quality, and that corporate law should respond to this potential appropriately. On the basis of findings in the behavioral sciences, this Article urges a limited rethinking of the role of the chief executive and the board of directors before the model of directors as "monitors" of the chief executive's performance is frozen in place. Already armed with information supposedly received as monitors, the independent …

Go to article

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review Nov 1981

Interlocutory Appeal Of Orders Granting Or Denying Stays Of Arbitration, Michigan Law Review

Michigan Law Review

This Note attempts to resolve the conflict among the courts of appeals by examining the interests affected by orders granting and denying stays of arbitration. Part I considers the appealability of such orders under the collateral order doctrine developed by the Supreme Court in Cohen v. Beneficial Industrial Loan Corp. This doctrine permits interlocutory appeal of final orders adjudicating an important right that is collateral to the merits of the case and effectively unreviewable in a final judgment appeal. Part II considers whether orders on motions for stays of arbitration are reviewable as orders granting or refusing injunctions under …

Go to article

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review Nov 1981

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …

Go to article

Vol. 30, No. 7, October 28, 1981, University Of Michigan Law School Oct 1981

Vol. 30, No. 7, October 28, 1981, University Of Michigan Law School

Res Gestae

•At Long Last Library •Dignitaries Arrive for Dedication •A Quad is Born •Finding Flaws in the Spacious Oddity •Notices •Senate Winners •The Islamic Imposition •Is Michigan Dedicated to Excellence? •Kurtzman Chewed •AWACS Sale Aids U.S. Interests •AWACS Package Poses Threat •'True Confessions' Good for Soul •Golden Gophers Go for Another Upset •Dogs Growling Again •The President Goes Underground •Law in the Raw

Go to article

Vol. 30, No. 6, October 21, 1981, University Of Michigan Law School Oct 1981

Vol. 30, No. 6, October 21, 1981, University Of Michigan Law School

Res Gestae

•Return of the Native •Curriculum Change Due? •We don't ask for experience, we give it •First-year Students Seek Senate Seats •Bar Membership Drive Begins •Senate Report •Notices •Forum to Examine Alien Education Case •Clean Air Act Talk •Impressions on Riding the Recruiting Rollercoaster •Put Up or Shut Up •Dohrn is Torn •Election Candidates •Lots More Good Eats •Murphy's Mouths Finally Make Good •Screwballs Cop Another C (Title) •Brief Sports Notes •Big Business Defends America •Walking on Waters •Law in the Raw

Go to article

Vol. 30, No. 5, October 14, 1981, University Of Michigan Law School Oct 1981

Vol. 30, No. 5, October 14, 1981, University Of Michigan Law School

Res Gestae

•Faculty Search Drags On •Flyback Frenzy? •Clinic Input Sought •Peer Advice Offered •Notices •Senate Approves Reports •Prosecutors' Internship Offers Advocacy Training •Interview Abuses Cost Students Jobs •Peace Prospects After Sadat •Juvenile Justice System Should Examine Rehabilitative Measures •What's Going On at the Movies •Aim for the Hawkeye •Sports in Short •Exclusionary Rule Under Attack •Law in the Raw

Go to article

Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman Oct 1981

Coal Policy--Need It Be The West Against The Rest?, C. Peter Goplerud Iii, Duffy Ruimerman

University of Michigan Journal of Law Reform

This Article will analyze the legal issues involved in this "West against the rest" conflict. While numerous areas of disagreement exist within the larger picture of Western-federal relations, the Article will focus on two specific issues of present concern. First, the Article will explore the role of the states under the Surface Mining Control and Reclamation Act of 1977. This section includes an analysis of recent litigation involving regulations promulgated by the Secretary of the Interior relating to the establishment of state mining programs. Second, the Article will address the imposition of state severance taxes on coal, with particular emphasis …

Go to article

Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg Oct 1981

Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg

University of Michigan Journal of Law Reform

This Article evaluates the benefits and burdens of shifting litigation risk from management to the enterprise. The Article begins by considering the nature of the legal risks confronting the corporate executive, and the principles of common law that developed to counter those risks. The Article proceeds to assess the two statutory responses to threats of personal liability against the corporate executive: indemnification statutes, and director and officer insurance. Finally, after comparing the effective absolute immunity available to corporate executives with the qualified immunity enjoyed by high-level government officials, the Article concludes that indemnification practices have overinsulated the corporate officer from …

Go to article

The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau Oct 1981

The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau

University of Michigan Journal of Law Reform

This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …

Go to article

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway Oct 1981

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …

Go to article

Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz Oct 1981

Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz

University of Michigan Journal of Law Reform

This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment of …

Go to article

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock Oct 1981

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock

University of Michigan Journal of Law Reform

This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.

Go to article

Vol. 30, No. 3, September 30, 1981, University Of Michigan Law School Sep 1981

Vol. 30, No. 3, September 30, 1981, University Of Michigan Law School

Res Gestae

•Undergrads Keep Out? •Smart Alex •White Joins School Bd. •New Campbell Topic •Law School Fund Report •Notices •No Place Like Home •To Be There Or Not To Be There •O'Connor Hearings Were Worthless •Labor Demonstrates Commitment •Food, Glorious Food •DSD-A Outruns Gold Tracksters •Intramural News •Bollinger Addresses Committee •Off-key Birthday Tribute •Law in the Raw

Go to article

Vol. 30, No. 2, September 23, 1981, University Of Michigan Law School Sep 1981

Vol. 30, No. 2, September 23, 1981, University Of Michigan Law School

Res Gestae

•Keeper of the Castle •Clinic Faces Review •Stones Gig Challenged •3L's Win Awards •E.L.S. Projects •Conduct Violations •Notices •Placement Office Boasts New Look •Letters •No News Is Good News •Paul Chaljub •Revamp IM Program •The A WACS Dilemma, Do the Saudis Deserve Our Planes? •But First a Commercial •Recreation at the ''U'' •Sports Shorts •The Town Schreier: The Jordache Look •Video Hits the Quad •Law in the Raw

Go to article

Home Office Deductions: May A Taxpayer Have More Than One Principal Place Of Business?, Michigan Law Review Aug 1981

Home Office Deductions: May A Taxpayer Have More Than One Principal Place Of Business?, Michigan Law Review

Michigan Law Review

This Note argues that the Tax Court's more liberal interpretation is correct because it more nearly reflects Congress's intent. Part I seeks a basis for preferring one of the competing interpretations in the text of section 280A and in the section's legislative history, but finds none. Looking, of necessity, to the purposes that Congress sought to advance with section 280A, Part II argues that those purposes do not demand a restrictive reading of "principal place of business." Such a reading, moreover, would undermine fundamental and longstanding congressional tax policies. In the absence of a more explicit statement of congressional intent, …

Go to article

The Decline And Fall Of Taxable Income, Glenn E. Coven Aug 1981

The Decline And Fall Of Taxable Income, Glenn E. Coven

Michigan Law Review

After first exploring the intellectual climate that has facilitated the congressional disregard of taxable income, this Article will examine three areas in which taxable income is no longer the exclusive mechanism for allocating the burden of taxation. That examination will outline the undesirable consequences of the decline of taxable income, and demonstrate that Congress need not have disregarded taxable income to secure the desired pattern of taxation. Because the use of multiple rate schedules constitutes the most significant deviation from the concept of taxable income in terms of the number of taxpayers that it affects and the popular resentment against …

Go to article

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski Aug 1981

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

Go to article

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review Aug 1981

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review

Michigan Law Review

This Note argues that American courts should mitigate the impact of the PTIA on American antitrust litigation by enjoining British defendants from pursuing their rights under the Act. Part I examines the Act's principal effects on antitrust enforcement and the settlement process, and concludes that these effects are serious enough to warrant judicial intervention. Part II establishes a court's power to issue transnational antisuit injunctions, and considers the propriety of doing so. After briefly rejecting two practical objections to such injunctions - that they are impossible to enforce and will provoke international retaliation - Part II analyzes the doctrine of …

Go to article

Next Last