Law Commons^™

November 17, 1977, University Of Michigan Law School

Res Gestae

•Ann Arbor ACLU Fights Disclosure of Mayoral Votes •Dean St. Antoine Questioned by Students •Crusader Rabbit •Day Old Bread •Docket •Are You a Sad Sack? •U-M Resumes 'Nite Owl' Bus Service •Fourth Annual Student Legal Rights Conference

November 10, 1977, University Of Michigan Law School

Res Gestae

•JOBS?? Consider Legal Services •Joint Law & Public Policy Program Offered •American Bar Association Law Student Div. •Crusader Rabbit •Day Old Bread •Sports Poll •Docket •Question & Answer Book •The Imperious, Impetuous, Implacable Mrs. Palsgraf •What's it Look Like? •Tutorial Program Planned •Docket •Letters

November 3, 1977, University Of Michigan Law School

Res Gestae

•CIA is Everywhere: Halperin •Snow in Room 150? •Steve Fetter makes his comments on the passing scene •The Speakers Committee reports •Gordon Miller pays tribute to Elvis •The transcript of the landmark Gretel case Is reviewed •If you are still looking for a job, we offer advice

The Restoration Of In Re Winship: A Comment On Burdens Of Persuasion In Criminal Cases After Patterson V. New York, Ronald J. Allen

Michigan Law Review

At the conclusion of its last term, the Supreme Court rendered what should have been a most unremarkable decision. In Patterson v. New York, the Court upheld New York's affirmative defense of extreme emotional disturbance, which requires a defendant who seeks to reduce his offense from murder to manslaughter to prove by a preponderance of the evidence that he acted under extreme emotional disturbance. Had the case come before the Court seven years earlier, it could have been swiftly dispatched with a brief opinion upholding the New York statute on the grounds that the issue of extreme emotional disturbance …

Urban Politics And The Criminal Courts, Milton Heumann

Michigan Law Review

A Review of Urban Politics and the Criminal Courts by Martin A. Levin

Republicanism And The Law Of Inheritance In The American Revolutionary Era, Stanley N. Katz

Michigan Law Review

This Article deals with the history of the law of inheritance during the era of the American Revolution, but its focus is actually more general, for it ultimately seeks to determine what sort of revolution we experienced. For the historian the problem is quite familiar, but a few observations seem pertinent. It is at least possible to argue that our colonial forefathers were not waging a revolution at all. Rather, one might say they were fighting what we should now call a colonial war of independence in which the overriding issue was "home rule." On this hypothesis, the main slogan …

Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle

Michigan Law Review

Although age segregation in retirement communities can be established in a variety of ways, the Article focuses primarily on age-restrictive zoning ordinances, the method most directly involving governmental action. The Article first considers those persons adversely affected by age-restrictive retirement communities and suggests that potential plaintiffs may be divided into three classes-neighboring property owners whose land values are affected by the establishment of a retirement community, those excluded from such a community solely by virtue of ·their age, and those excluded or potentially excluded because of the age of persons with whom they choose to live. Next, the constitutional arguments …

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …

Reconsideration Of The Katz Expectation Of Privacy Test, Michigan Law Review

Michigan Law Review

This Note, by modifying certain aspects of the reasonable expectation of privacy test, offers a theory that attempts to identify the minimum content of the fourth amendment. In the first section, the Note examines the reasonable expectation of privacy test and considers whether it has been or can be applied in a manner that fails to protect the right to have certain minimum expectations of privacy. It analyzes both the "actual" and the "reasonable" expectation requirements, identifies weaknesses inherent in the current application of these requirements, and suggests certain ways in which they might be refined. In the second section, …

The Life And Times Of Boyd V. United States (1886-1976), Michigan Law Review

Michigan Law Review

In Boyd v. United States, the Supreme Court held that the fourth and fifth amendments create a zone of privacy encompassing an individual's person and property. The government, according to Boyd, cannot enter this zone, either by compelling an individual to testify against himself or by subpoenaing or seizing his books and papers for use as evidence against him in a criminal or quasi-criminal proceeding. The Court found an "intimate relation" between the two amendments such that the search and seizure of books and papers may be "unreasonable" even if conducted pursuant to a court order.

Over time, …

October 26, 1977, University Of Michigan Law School

Res Gestae

•Everything You Wanted to Know About the Law School Student Senate •Day Old Bread •Crusader Rabbit •Read-Only Memories •"The Truth, the Whole Truth, and Nothing But…" •Notices •Finding Goodbar at Briarwood •Law School Student Senate •NLG Mideast Regional Meeting •Safety Procedures for Dealing with Trespassers •Time Line- Fall 1977 MSA Election •Free Reading Material •Sports Poll •MAD DOGgerel The Interview

October 19, 1977, University Of Michigan Law School

Res Gestae

•Carrington To Head Duke Law School •Placement: Problems, Plans •Day Old Bread •Colloquium: 3c a Copy- $250 a Book •LSSS Moves to Hutchin's Hall •Cercle Francais

October 13, 1977, University Of Michigan Law School

Res Gestae

•Reflections on the Cohen-Sandalow Bakke Debate •ABAs 1978 Client Counseling Competition •Crusader Rabbit •Day Old Bread •Music: The Return of Hank Jones •Committees

October 6, 1977, University Of Michigan Law School

Res Gestae

•Dean St. Antoine: The Role of Dean •Day-Old Bread •Crusader Rabbit •Read-Only Memories •Computerizing the Law School •LSSS 1976-1977 Balance Sheet •Notices •This is a Survey… •Nomination of Deanship Candidates •LSSS Final Budget 1977-1978 Approved 9/21/77 •Organizations Requested-Approved •Sports Poll •Election Results •For Your Resume: More Awards from the Crusader •Handicap Discrimination

Hospital Medical Staff: When Are Privilege Denials Judicially Reviewable?, David Hejna

University of Michigan Journal of Law Reform

The relationship between a hospital and its medical staff is unique. Most physicians serving as hospital staff are not salaried employees . Rather, they use hospital facilities to care for their patients pursuant to "staff privileges" granted by the hospital's board of governors. Staff privileges at one area hospital are practically indispensable for the modern physician, and privileges at a conveniently located hospital are considered important. By extending staff privileges the hospital benefits from having a staff large enough to ensure maximum use of its facilities. The public benefits when an adequate number of qualified physicians have access to hospital …

Jurisdictional Conflicts Over Counterclaims Against The United States, David G. Swenson

University of Michigan Journal of Law Reform

This article first discusses the different approaches that courts have used in determining district court jurisdiction over counterclaims and the differing limits that are imposed upon the size of the counterclaim. Second, it examines the relationship between the Court of Claims and the district courts in cases where the defendant cannot counterclaim for full relief in a district court. The article concludes with several legislative proposals that could lessen the uncertainty and lack of uniformity among the courts currently facing a defendant who wants to counterclaim against the government.

Decriminalizing The Marijuana User: A Drafter's Guide, Richard J. Bonnie

University of Michigan Journal of Law Reform

The article does not discuss the arguments in favor of decriminalization, a matter which the author' and others have covered elsewhere. Nor does the article consider the even more difficult questions involved in a legislative decision to legalize the drug and authorize its distribution for nonmedical uses. International obligations, federal law, and current political realities preclude enactment of a regulatory approach toward the availability of marijuana, including any variant of the so-called alcohol model. Although a state conceivably could repeal its laws against cultivation and distribution of marijuana, including only the federal prohibitions in effect, such an overt departure from …

The Bankruptcy Reform Process: Maximizing Judicial Control In Wage Earners' Plans, Marjorie Girth

University of Michigan Journal of Law Reform

This article examines the effort to maximize judicial control over the bankruptcy process and its impact on H.R. 8200's procedural requirements for the nonbusiness bankruptcy option known currently as the wage earners' plan. As background, it describes the present nonbusiness bankruptcy options and the statutory procedures for monitoring confirmed wage earners' plans. Then, using illustrative samples from three years of cases in the Buffalo region of the Western District of New York, it assesses whether present plans are being administered in accordance with the statutory formalities. The economic incentives which affect creditors' behavior in taking advantage of their opportunities to …

Penalizing Bribery Of Foreign Officials Through The Tax Laws: A Case For Repealing Section 162 (C)(1), Christopher Alan Lewis

University of Michigan Journal of Law Reform

Most commentary on these congressional attempts to use tax laws to control the ethics of overseas enterprises has centered either on the effectiveness of these provisions or on the burdens and difficulties involved with their implementation. This article, while discussing these issues, is concerned primarily with the conceptual justifications and the direct economic effects of these tax provisions. The article contends that section 162(c)(1) and the pertinent provisions of the Tax Reform Act of 1976 are disguised penalties which often operate arbitrarily and unfairly and concludes that they should be repealed in favor of more equitable and effective deterrents.

Legislative Notes: The Fda's Over-The Counter Drug Review: Expeditious Enforcement By Rulemaking, David Selmer

University of Michigan Journal of Law Reform

This article attempts to show that the OTC drug review has distinct advantages over traditional drug regulation. Part I outlines briefly the traditional case-by-case approach to drug licensing and describes FDA enforcement efforts prior to the OTC drug review. Part II sets forth the new rulemaking approach and considers the use of advisory panels. Part III examines several procedural questions associated with the review and concludes that the use of monographs as regulatory standards will afford the FDA an expeditious enforcement mechanism by resolving complex scientific issues at the administrative rather than the judicial level. Judicial review should be available, …

The Journal: After A Decade, Alexander R. Domanskis

University of Michigan Journal of Law Reform

Our legal institutions must have the flexibility to adapt to rapidly changing conditions. Often, laws are passed and implemented at a time when changed circumstances make them outmoded or unworkable. The legal community thus faces an enormous and important challenge: law reform. Legislatures, the framers of policies and the makers of law, need suggestions for law reform. Courts, the interpreters of the laws and the arbiters of private and public disputes, need guidance in dealing with new situations and new statutes. Administrative agencies, the delegated experts carrying out the legislative mandate, need guidance in defining their functions and roles. Suggestions …