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

Law Commons

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

Articles 1 - 30 of 62

Full-Text Articles in Law

Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl Dec 1969

Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl

Michigan Law Review

In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …


Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould Dec 1969

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …


Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review Dec 1969

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.


Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review Dec 1969

Observations On The Manual For Complex And Multidistrict Litigation, Michigan Law Review

Michigan Law Review

In recent years there has been increased pressure on the federal judicial system for improved efficiency in dealing with "the big case." Such cases typically involve either large numbers of plaintiffs, suing in many district courts on essentially the same facts, or many complex and interrelated issues which require the evaluation of large quantities of data. Because those cases require considerable amounts of judicial time which cannot lightly be spared from dealing with the mounting backlog of cases faced by virtually all courts, and because a great deal of potentially protracted litigation is certain to arise in the future, it …


Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review Dec 1969

Constitutional Law--Double Jeopardy--Prosecutions By Both A City And A State For An Identical Offense As A Violation Of The Prohibition Against Double Jeopardy--Waller V. State, Michigan Law Review

Michigan Law Review

In Benton v. Maryland, decided in June of this year, the Supreme Court explicitly extended fifth amendment protection against double jeopardy to the states through the fourteenth amendment. Palko was specifically overruled to the extent that it was inconsistent with the Benton decision. Thus, the theories traditionally used to defend prosecutions by both a city and a state for the same offense must be examined to determine whether they are still valid when the fifth amendment's prohibition against double jeopardy is applied to state proceedings. This Recent Development examines the implications of the Benton decision for those theories.


Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review Dec 1969

Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review

Michigan Law Review

In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …


Chayes, Ehrlich, Lowenfeld: International Legal Process: Materials For An Introductory Course, John J. Costonis Dec 1969

Chayes, Ehrlich, Lowenfeld: International Legal Process: Materials For An Introductory Course, John J. Costonis

Michigan Law Review

A Review of International Legal Process: Materials for an Introductory Course (2 vols. with supp.) by Abram Chayes, Thomas Ehrlich, and Andreas Lowenfeld


Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy Dec 1969

Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy

Michigan Law Review

A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard


Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn Nov 1969

Cox, Fellmeth, Schulz: The Consumer And The Federal Trade Commission, Ernest Gellhorn

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz


Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda Nov 1969

Pfeffer: No More Vietnams?: The War And The Future Of American Foreign Policy; Falk: The Vietnam War And International Law; Mcgee: The Responsibilities Of World Power; Reischauer: Beyond Vietnam: The United States And Asia, Ved P. Nanda

Michigan Law Review

A Review of The Consumer and the Federal Trade Commission by Edward Cox, Robert Fellmeth, and John Schulz; The Vietnam War and International Law edited by Richard A. Falk; The Responsibilities of World Power by Gale W. McGee; Beyond Vietnam: The United States and Asia by Edwin O. Reischauer


Homicide And Succession To Property, William M. Mcgovern Jr. Nov 1969

Homicide And Succession To Property, William M. Mcgovern Jr.

Michigan Law Review

Today, most jurisdictions bar a killer from succeeding to his victim's property. The traditional rationale for that result is that a criminal should not be allowed to enrich himself by his crime. Assuming that this principle is sound, its application in individual cases often proves troublesome. What would happen, for example, if the crime were of a lesser degree than murder, and the killer had no intent to enrich himself? If the killer is barred, who should take what would have been his share under a will? Or, if the decedent and murderer held property jointly, should the killer forfeit …


The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review Nov 1969

The Constitutional Minimum For The Termination Of Welfare Benefits: The Need For And Requirements Of A Prior Hearing, Michigan Law Review

Michigan Law Review

Recently state welfare officials in New York terminated the benefits of a welfare recipient on the basis of an erroneous tip from her landlady that her husband visited her every night. She requested a posttermination hearing which was provided under New York law. During the four-month delay between the termination of benefits and the hearing, the recipient and her four small children were evicted from their apartment for nonpayment of rent. They were forced to move in with the woman's sister, who had nine children of her own, and who was also on relief. The recipient's children lost weight and …


Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review Nov 1969

Labor Law--Jurisdiction--Contractual Interpretation, Unfair Labor Practices, And Arbitration: A Proposed Resolution Of Jurisdictional Overlap, Michigan Law Review

Michigan Law Review

In San Diego Building Trades Council v. Garmon, the Supreme Court held that the state and federal courts must defer to the exclusive jurisdiction of the National Labor Relations Board when an activity is arguably an unfair labor practice as defined by the National Labor Relations Act (NLRA). At the same time, section 301(a) of the Labor Management Relations Act (LMRA) provides that the courts have jurisdiction in actions alleging violations of collective agreements. Two distinct factual settings have emerged in which these jurisdictional propositions are at odds.


Conscription And The Constitution: The Original Understanding, Leon Friedman Jun 1969

Conscription And The Constitution: The Original Understanding, Leon Friedman

Michigan Law Review

The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …


On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr. Jun 1969

On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.

Michigan Law Review

On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …


Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review Jun 1969

Labor Law--Boycotts And Strikes--Replaced Economic Strikers Who Apply For Reinstatement Remain Employees And Are Entitled To Reinstatement When Positions Become Available--Laidlaw Corporation And Local 681, International Brotherhood Of Pulp, Sulphite, And Paper Mill Workers, Afl-Cio, Michigan Law Review

Michigan Law Review

The collective bargaining agreement between the Laidlaw Corporation and Local 681 of the International Brotherhood of Pulp, Sulphite, and Paper Mill Workers, the certified bargaining agent for Laidlaw's employees, contained a provision for modification of wages during the term of the contract. In October 1965, the union notified the company that, pursuant to this provision, it desired to negotiate a wage increase. On January 10, 1966, after two unproductive bargaining sessions, the union voted to reject Laidlaw's only offer, and two days later approximately seventy employees went on strike. When no settlement was reached by February 11, forty of the …


Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira Jun 1969

Racial Imbalance, Black Separatism, And Permissible Classification By Race, Norman Vieira

Michigan Law Review

The Article will begin with a discussion of the School Segregation Cases which have been invoked both to sustain and to invalidate corrective racial classification. It will then review federal discrimination against Japanese-Americans and against Indians, as well as the more obscure discrimination found in immigration and naturalization laws. It will also consider, in some detail, the paradoxical rules governing the discriminatory selection of jurors and, in lesser detail, the cases dealing with domestic relations and racial designations. A concluding section will discuss black separatism and general policy matters relating to the correction of imbalance in the schools. The Article …


Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan Jun 1969

Wright: Federal Practice And Procedure, Criminal Procedure, J. Edward Lumbard, George W. Shadoan

Michigan Law Review

Reviews of 3 Vols. By Charles Alan Wright


Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr. May 1969

Recent Patterns Of Testate Succession In The United States And England, Olin L. Browder Jr.

Michigan Law Review

This study purports to be in part a comparison of American and English testamentary practices. The virtual absence in England of estate records as we know them imposed limitations on the attainment of this objective. For present purposes, data concerning English practices were derived almost entirely from one hundred English wills selected at random from those filed during the year 1963 in the Principal Probate Registry in London. To the extent that these wills came from all over England and Wales, they can be regarded as representative of English practices generally. But the much smaller size of the sample in …


Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review May 1969

Reimbursement Of Defense Costs As A Condition Of Probation For Indigents, Michigan Law Review

Michigan Law Review

It is extremely difficult to obtain precise information concerning the prevalence of this practice. There is only one reported case on the subject, and empirical evidence is almost wholly lacking because of the wide discretion granted sentencing courts in imposing probation conditions, and because of the reluctance of appellate courts to review the exercise of that discretion. However, courts have frequently imposed costs on nonindigent probationers, and in many jurisdictions the statutes which authorize such a probation condition with respect to solvent probationers seem broad enough to include indigents as well. Moreover, two recent studies have unearthed specific data which …


Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew May 1969

Witherspoon: Administrative Implementation Of Civil Rights, Leon Mayhew

Michigan Law Review

A Review of Administrative Implementation of Civil Rights by Joseph Parker Witherspoon


The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg May 1969

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …


Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review May 1969

Ucc--Secured Transactions--Judicial Sales--Purchaser At Judicial Sale Takes Property Subject To Unperfected Security Interest Of Which He Has Knowledge, Michigan Law Review

Michigan Law Review

p>The first question for consideration is the applicability of the "shelter provision" of section 2-403(1) to these cases. This section may be relied upon by different parties depending upon the nature of the sale. When a bankruptcy sale is involved, the buyer may claim, as Armstrong did in Mitchell, that the section allows him to succeed to the trustee's priority over unperfected security interests. When an ordinary judicial sale is involved, however, there is no intermediate transferee with both title to the property and a clear claim to priority, and the secured party may rely on this section …


Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review May 1969

Income Tax: Corporate Distribution--Tax Benefit Rule Does Not Qualify The Explicit Nonrecognition Of Gain Provision Of Section 337--Anders V. Commissioner, Michigan Law Review

Michigan Law Review

D. B. Anders was the sole stockholder of D. B. Anders, Inc., an industrial service concern which rented supplies of laundered apparel, coveralls, towels, and related textiles. In May 1961, the corporation adopted a plan of complete liquidation and within twelve months sold substantially all of its operating assets, including the rental items, to another corporation which intended to carry on the same type of business. Of the gain from that sale, $233,000 was allocated to the rental items, the entire cost of which had been deducted by the company in the year of purchase as an ordinary and necessary …


Cipes: The Crime War, Michael S. Josephson May 1969

Cipes: The Crime War, Michael S. Josephson

Michigan Law Review

A Review of The Crime War by Robert M. Cipes


Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries May 1969

Sturm & Whitaker: Implementing A New Constitution: The Michigan Experience, Walter D. De Vries

Michigan Law Review

A Review of Implementing a New Constitution: The Michigan Experience by Albert L. Sturm and Margaret Whitaker


Watson: Psychiatry For Lawyers, Herbert C. Modlin M.D. May 1969

Watson: Psychiatry For Lawyers, Herbert C. Modlin M.D.

Michigan Law Review

A Review of Psychiatry for Lawyers by Andrew S. Watson


Schwartz: Rights Of The Person, Hans A. Linde Apr 1969

Schwartz: Rights Of The Person, Hans A. Linde

Michigan Law Review

A Review of Rights of the Person by Bernard Schwartz


Jennings & Marsh, Jr: Securities Regulation: Cases And Materials (2d Ed.), Homer Kripke Apr 1969

Jennings & Marsh, Jr: Securities Regulation: Cases And Materials (2d Ed.), Homer Kripke

Michigan Law Review

A Review of Securities Regulation: Cases and Materials (2d ed.) by Richard W. Jennings and Harold Marsh, Jr.


Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller Apr 1969

Personal Privacy In The Computer Age: The Challenge Of A New Technology In An Information-Oriented Society, Arthur R. Miller

Michigan Law Review

The purpose of this Article is to survey the new technology's implications for personal privacy and to evaluate the contemporary common-law and statutory pattern relating to data-handling. In the course of this examination, it will appraise the existing framework's capacity to deal with the problems created by society's growing awareness of the primordial character of information. The Article is intended to be suggestive; any attempt at definitiveness would be premature. Avowedly, it was written with the bias of one who believes that the new information technology has enormous long-range societal implications and who is concerned about the consequences of the …