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Articles 1 - 10 of 10
Full-Text Articles in Law
Vertical Distributional Restraints Under Schwinn And Sylvania: An Argument For The Continuing Use Of A Partial Per Se Approach, Martin B. Louis
Vertical Distributional Restraints Under Schwinn And Sylvania: An Argument For The Continuing Use Of A Partial Per Se Approach, Martin B. Louis
Michigan Law Review
This phenomenon has been manifested in the vertical distribution cases, which seem to cry out for a departure from the rule of reason approach for several reasons. First, as section I of this article will show, vertical cases frequently involve a package of restraints--a characteristic that compounds all of the difficulties of evaluation mentioned above. Second, vertical restraints reduce intrabrand competition in order, supposedly, to promote interbrand competition. Thus, even if we could identify and measure both the procompetitive and anticompetitive effects of a particular restraint, we cannot assume a one-to-one equivalency, and we lack a workable process by which …
Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review
Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review
Michigan Law Review
The purpose of this Note is to analyze the opinion in Blue Chip and to ascertain the content of the Birnbaum rule as it exists today. It will first discuss the opinion of the Court in Blue Chip itself and delineate the primary policy considerations upon which the majority focused. It will then apply these policy considerations to the major categories of case law that have arisen subsequent to Birnbaum and analyze the validity of this case law in light of Blue Chip.
Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie
Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie
Michigan Law Review
It is the thesis of this article that the long-run implications of Firestone and Paul v. Davis will force a radical reformulation of the circumstances under which an individual may obtain legal redress for injury to his reputation brought about by falsehoods. The Court will eventually be obliged to abandon its fragmented treatment of the subject: At present, some injured persons have no chance of recovery; others are faced with requirements of proof that make recovery very difficult; still others can recover under significantly more relaxed standards of proof. The nature of the Court's likely reformulation will be developed later …
Confession Of Error By The Solicitor General, Michigan Law Review
Confession Of Error By The Solicitor General, Michigan Law Review
Michigan Law Review
It is the position of this Note that the Court should formulate a new policy to govern its review of confessed errors. Specifically, this Note proposes that in deciding whether to grant certiorari and whether to defer to the representations of the Solicitor General, the Supreme Court should distinguish between errors that are normally subject to judicial scrutiny (reviewable errors) and errors of prosecutorial discretion that belong to a category of executive conduct not usually reviewed by the courts. When reviewable errors are confessed, the Court should apply a standard more liberal than that of rule 19 in deciding whether …
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
University of Michigan Journal of Law Reform
This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Publications
No abstract provided.
The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss
The Schneiderman Case: An Inside View Of The Roosevelt Court, Jeffrey F. Liss
Michigan Law Review
Only rarely in the study of Supreme Court history do events, personalities, records, and historical sources converge to afford an intimate view of that institution. Schneiderman v. United States, in its own right an important decision in the field of denaturalization law, provides such an opportunity. The manuscript collections of the major adversaries on the Court are well-preserved, and a surviving major figure from among the parties to ·the litigation has provided personal insight into the intricacies of the case.
The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review
The Impact If Howard Johnson On The Labor Obligations Of Successor Employer, Michigan Law Review
Michigan Law Review
This Note assesses the impact of Howard Johnson on the labor-law obligations of successor employers. Part I analyzes the prior case law; part II critiques the reasoning of the Howard Johnson opinion; part III considers the merits of a new approach to the successorship problem, suggested in a footnote in Howard Johnson.
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.
Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.
Michigan Law Review
The purpose of this article is to examine critically these decisions and to explore whether there is any rational basis for limiting to one sector of the media the legislature's power to impose access regulation. The article takes the position that the Court has pursued the right path for the wrong reasons. There is a powerful rationality underlying the current decision to restrict regulatory authority to broadcasting, but it is not, as is commonly supposed, that broadcasting is somehow different in principle from the print media and that it therefore is not deserving of equivalent first amendment treatment. As will …
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …