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Articles 1 - 24 of 24
Full-Text Articles in Law
The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review
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 …
Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg
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 …
Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock
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.
The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski
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.
Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review
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 …
The Decline And Fall Of Taxable Income, Glenn E. Coven
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 …
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …
The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake
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.
Implied Private Rights Of Action Under The Securities Act Of 1933 Section 17(A), Steven M. Stankewicz
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.
Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley
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.
The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego
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 …
Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review
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 …
Implying A Cause Of Action Under Section 503 Of The Rehabilitation Act Of 1973, Michigan Law Review
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.
National Parks And Self-Restraint, Peter Steinhart
National Parks And Self-Restraint, Peter Steinhart
Michigan Law Review
A Review of Mountains Without Handrails: Reflections on the National Parks by Joseph L. Sax
International Implications Of Limitations On "Aggregate Concentration", David Boies
International Implications Of Limitations On "Aggregate Concentration", David Boies
Michigan Journal of International Law
Traditionally, antitrust laws have been concerned with competition and concentration within a single market. In the past few years, however, increasing attention has been given to economywide or aggregate concentration-especially when such concentration is accomplished by merger rather than by internal growth. In 1979 and 1980, Congress considered Senate Bill S. 600 which would limit mergers based on size criteria that are unrelated, at least directly, to proof of a lessening of competition within any given market. The international implications of applying this principle are complex and difficult, and have yet to be fully addressed. It is the purpose of …
Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy
Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy
Michigan Journal of International Law
In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized.... That is the philosophy and the command of the Sherman Act.
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
Failing Companies And The Antitrust Laws, Janet L. Mcdavid
University of Michigan Journal of Law Reform
This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar
University of Michigan Journal of Law Reform
Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …
Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone
Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone
University of Michigan Journal of Law Reform
This article advocates the adoption of national legislation requiring advance notice for plants closed or relocated for ostensibly economic reasons. Part I discusses the magnitude of the plant closing problem, focusing upon the costs associated with such closings, the types of assistance available for terminated workers, and the inadequacies of current relief efforts. Parts II and III examine the arguments for and against requiring advance notice of plant closings, and conclude that such a requirement represents sound public policy. Part IV proposes a complete model advance notice statute. The model statute establishes minimum requirements for a viable advance notice system, …
Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner
Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner
University of Michigan Journal of Law Reform
This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …
Appendix 1: Foreign Monopoly And Merger Law
Appendix 1: Foreign Monopoly And Merger Law
Michigan Journal of International Law
This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.
Appendix 2: Recent United States Legislative Antitrust Proposals
Appendix 2: Recent United States Legislative Antitrust Proposals
Michigan Journal of International Law
This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.
The Role Of Law, Theodore J. St. Antoine
The Role Of Law, Theodore J. St. Antoine
Book Chapters
In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …
Recent Developments In The Struggle For Probate Reform, Richard V. Wellman
Recent Developments In The Struggle For Probate Reform, Richard V. Wellman
Michigan Law Review
The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …