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Civil Procedure And Economic Inequality, Maureen Carroll
Civil Procedure And Economic Inequality, Maureen Carroll
Articles
How well do procedural doctrines attend to present-day economic inequality? This Essay examines that question through the lens of three doctrinal areas: the “irreparable harm” prong of the preliminary injunction standard, the requirement that discovery must be proportional to the needs of the case, and the due process rights of class members in actions for injunctive relief. It concludes that in each of those areas, courts and commentators could do more to take economic inequality into account.
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones
University of Michigan Journal of Law Reform
Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …
Attachment And Garnishment--Constitutional Law--Due Process Of Law--Garnishment Of Wages Prior To Judgment Is A Denial Of Due Process: The Sniadach Case And Its Implications For Related Areas Of The Law, Michigan Law Review
Michigan Law Review
The question of the constitutionality of prejudgment wage garnishment had never before reached the Supreme Court, although in McKay v. Mclnnes, a 1929 memorandum decision, the Court had upheld a statute providing for prejudgment attachment. McKay, which was cited as controlling by the Wisconsin court in its disposition of the constitutional argument in Sniadach, involved an attachment of realty and stock to satisfy a debt. Justice Douglas, writing for the Court in Sniadach, distinguished that case from one involving wage garnishment with the statement that "[a] procedural rule that may satisfy due process for attachments in general ... …
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Michigan Law Review
The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris
Michigan Law Review
The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …