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Articles 151 - 166 of 166
Full-Text Articles in Law
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Change And Continuity In Legal Education, Roger C. Cramton
Change And Continuity In Legal Education, Roger C. Cramton
Michigan Law Review
Within this maelstrom of accelerating change, the American law school remains, by comparison, an island of stability. Change there has been; one of the purposes of this piece is to chronicle some major recent changes. But in broad outline the structure, method, and content of American legal education has remained remarkably untouched. Whether this demonstrates that American legal education is remarkably flexible in its adaptation to a changing legal environment or that it is irrelevant to social change, I leave to the reader.
Interstate Enforcement Of Child Protection Orders, Donald N. Duquette
Interstate Enforcement Of Child Protection Orders, Donald N. Duquette
Book Chapters
Child protection orders issued by local courts are sometimes violated. As long as the children and the other parties involved remain within the court's jurisdiction, enforcement problems, although they exist, are less complicated than the problems presented when the child is out of the court's jurisdiction. A child may be removed from the jurisdiction during visitation, contrary to the court's order. A child, visiting in another jurisdiction, may not be returned as ordered by the court. A child placed out of the jurisdiction by the court may now be in jeopardy because of an unauthorized removal from placement or other …
Allan Smith--A Personal History, Lawrence B. Lindemer
Allan Smith--A Personal History, Lawrence B. Lindemer
Michigan Law Review
A tribute to Allan Smith
Allan Smith, Robben W. Fleming
Corporate Governance--A Moving Target, Robert L. Knauss
Corporate Governance--A Moving Target, Robert L. Knauss
Michigan Law Review
This Essay elaborates on Professor Conard's sensible suggestion with the hope that others will take it to heart. First, the Essay discusses the unique governance problems raised by what I call quasipublicly traded corporations. These smaller corporations, whose shares are not actively traded, have been largely neglected in most discussions of corporate governance. The neglect is ironic since most state corporation statutes were originally designed with the quasipublicly traded corporation in mind. Second, the Essay turns to a problem of corporate governance common to all corporations - the proper role of directors - and shows that appropriate standards may vary …
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, …
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine
Protection Against Unjust Discipline: An Idea Whose Time Has Long Since Come, Theodore J. St. Antoine
Book Chapters
The law seems able to absorb only so many new ideas in a given area at any one time. In 1967 Professor Lawrence Blades of Kansas produced a pioneering article in which he decried the iron grip of the contract doctrine of employment at will, and argued that all employees should be legally protected against abusive discharge. The next dozen years witnessed a remarkable reaction. With a unanimity rare, if not unprecedented, among the contentious tribe of labor academics and labor arbitrators, a veritable Who's Who of those professions stepped forth to embrace Blades' notion, and to refine and elaborate …
Interviewing The Child, Donald N. Duquette, Janet Stubbs
Interviewing The Child, Donald N. Duquette, Janet Stubbs
Book Chapters
The attorney representing a child needs to gather considerable information about his client. He needs to know the nature of the child's home environment, his present placement, his condition and adaptation to placement if the child is out of the home, his reasonable preferences for placement. He needs to know the age of the child, the child's capabilities and limitations, the number of siblings, the make-up of the family, the circumstances which led to removal, the legal and social alternatives available to the child and his family.
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. …
Alfred Conard, Stanley Siegel
Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn
Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn
Articles
This Article discusses the requirements of section 302(b) for characterizing a stock redemption as a purchase rather than as a dividend equivalent. The focus is primarily on two issues: (1) whether the election authorized by section 302(c)(2) to waive family attribution rules should be available to an entity such as a trust or estate; and (2) the determination of the standards to be applied in resolving whether a redemption is "not essentially equivalent to a dividend" so that section 302(b)(1) is applicable.
Allan F. Smith—My 'Dean For A Day', Theodore J. St. Antoine
Allan F. Smith—My 'Dean For A Day', Theodore J. St. Antoine
Articles
It has been my good fortune to have served in more different roles in relation to Allan Smith than has any other person in this Law School. I was his student here longer ago than either of us would care to calculate. A decade and a half ago he recruited me for this faculty when he was Dean. Although the prospect of working closely with Allan had a good deal to do with my decision to leave active practice for teaching, that was not to be. The first morning of my return to Ann Arbor, I remember plugging in my …
Alfred Conard, Jeffrey O'Connell
Alfred Conard, Guido Calabresi