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Articles 781 - 810 of 920

Full-Text Articles in Law and Society

Review Of Law In A Changing America, Richard O. Lempert Apr 1971

Review Of Law In A Changing America, Richard O. Lempert

Reviews

This collection of essays, prepared as background reading for a conference sponsored by the American Assembly and the American Bar Foundation on the goals of the legal profession in the years ahead, begins and ends with a bow toward changing America. The first chapter is an attempt by sociologist Wilbert Moore, the only non-lawyer among the essayists, to sketch generally the patterns of social and political structure likely to pertain in the near future.

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Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review Apr 1971

Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review

Michigan Law Review

This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.

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Program From The Twenty-First Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1971

Program From The Twenty-First Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-first Thomas M. Cooley lectures, held September 7-9 and 16-17, 1971, at the University of Michigan Law School. The lecture series was "Regulating the Broadcaster" by Louis Leventhal Jaffe.

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The Shareholder's Role In Corporate Social Responsibility, Thomas H. Hay Jan 1971

The Shareholder's Role In Corporate Social Responsibility, Thomas H. Hay

University of Michigan Journal of Law Reform

In The Modern Corporation and Private Property, Professors Berle and Means concluded that the corporation should serve the interests of all society and not solely the interests of its shareholders. This concept was a break from traditional corporate theory and the beginning of the theory of corporate social responsibility. The purpose of this article is to assess the modem shareholder's role in the implementation of this doctrine. Because Berle was one of the first to consider the role of the shareholder in enforcing the corporation's responsibility to society, this article will begin with a brief review of his ideas …

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Plea Bargaining: A Model Court Rule, Kenneth A. Kraus Jan 1971

Plea Bargaining: A Model Court Rule, Kenneth A. Kraus

University of Michigan Journal of Law Reform

It is not the purpose of this note to discuss the justification for the plea bargaining process, for it is clear that this system will of necessity be continued in the foreseeable future. Instead, this analysis is designed first to present the functional role, constitutional status and existing abuses in the plea bargaining process, and then to discuss the goals and the proposed standards relevant to reform of the present plea bargaining procedures. The culmination of this analysis is the proposed Model Court Rule for Plea Agreements in part III.

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Civilizing University Discipline, Paul D. Carrington Jan 1971

Civilizing University Discipline, Paul D. Carrington

Michigan Law Review

It is the purpose of this Article to suggest that the criminal model is not the only possible system of university discipline. There are alternatives to be found in the operation of the civil courts and other administrative agencies that have received little consideration. It is a common, but mistaken, assumption that the proper way to deal with offensive conduct is by means of social punishment. The unfortunate consequences of a general tendency of legislatures to "overcriminalize" have been noted elsewhere. The trend in university discipline may be regarded as a special application of that tendency, or, at least, as …

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A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr. Jun 1970

A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.

Michigan Law Review

It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …

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Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review Apr 1970

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …

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Program From The Nineteenth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1970

Program From The Nineteenth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the nineteenth Thomas M. Cooley lectures, held October 12-16, 1970, at the University of Michigan Law School. The lecture series was "New Priorities in Criminal Justice" by Bernard Botein.

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Program From The Twentieth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1970

Program From The Twentieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twentieth Thomas M. Cooley lectures, held November 17-19, 1970, at the University of Michigan Law School. The lecture series was “The Reform of Civil Procedure: Comparative and Interdisciplinary Perspectives” by Maurice Rosenberg, Benjamin Kaplan, and Mauro Cappelletti.

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Constitutional Reflections On Abortion Reform, Patrick L. Baude Jan 1970

Constitutional Reflections On Abortion Reform, Patrick L. Baude

University of Michigan Journal of Law Reform

United States abortion law is evolving comparably. Even eight years ago, public opinion was deeply divided when a Phoenix housewife sought to avoid giving birth after taking Thalidomide. The Model Penal Code, promulgated that year, authorized abortion in cases of felonious intercourse, to avoid deformity, and to protect the physical or mental health of the mother; these faintly daring innovations are now in danger of being declared unconstitutional because they are too limited. In the last year, three courts have invalidated moderate abortion statutes and the New York legislature has permitted abortion at will in early pregnancy. The purpose of …

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Constitutional Problems Of Population Control, Bettye S. Elkins Jan 1970

Constitutional Problems Of Population Control, Bettye S. Elkins

University of Michigan Journal of Law Reform

An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious population, we must …

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The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax Jan 1970

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax

Michigan Law Review

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …

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The Anatomy Of A Clinical Law Course, James J. White Jan 1970

The Anatomy Of A Clinical Law Course, James J. White

Other Publications

Since the summer of 1965 when the Michigan Supreme Court first authorized law student practice on the behalf of indigent persons, students at the University of Michigan Law School have been engaged in extensive practice on behalf of indigent persons in Washtenaw County. Between 75 and 125 second and third year students at the University of Michigan Law School each semester have worked at the Washtenaw County Legal Aid Clinic under the direction of the OEO Staff attorneys. Students receive neither credit nor pay for such work and their activities are not directly supervised by the faculty. That volunteer experience …

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The News And The Accused, Lawrence W. Schad Dec 1969

The News And The Accused, Lawrence W. Schad

University of Michigan Journal of Law Reform

The author believes that the Reardon Standards, if implemented, would provide an effective solution to the problem of prejudicial information, and that this potential can be best realized through adoption and enforcement of the Standards by the courts. This conclusion is based upon analysis of the following issues: (1) The nature of the problem, including an examination of (a) the nature of prejudicial information, (b) those who create the problem either by initially releasing or subsequently disseminating such information, and (c) the related effect of courtroom procedure upon the impact of such information. An analysis of these issues suggests …

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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 …

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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

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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 …

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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

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Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein Apr 1969

Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein

University of Michigan Journal of Law Reform

The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …

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Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay Apr 1969

Short-Term Rehabilitation And Crim Prevention, Jon C. Mackay

University of Michigan Journal of Law Reform

Any program designed to reduce the rate of recidivism in the United States must be viewed as a valuable tool of crime prevention. It can be safely said that at least two-thirds of the crimes committed every year are committed by recidivists, for over the past decade approximately fifty to sixty per cent of all offenders have become repeaters. Thus the elimination of the recidivist in our society would result in a minimum reduction of thirty-three per cent in the number of crimes committed over a given period of time. The task of eliminating recidivism has been left to the …

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Program From The Eighteenth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1969

Program From The Eighteenth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the eighteenth Thomas M. Cooley lectures, held September 15-19, 1969, at the University of Michigan Law School. The lecture series was "Politics, the Constitution, and the Warren Court" by Philip B. Kurland.

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Program From The Eighteenth William W. Cook Lectures, University Of Michigan Law School Jan 1969

Program From The Eighteenth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the eighteenth William W. Cook lectures, held October 15-21, 1969, at the University of Michigan. The lecture series was "Politics of Change" by W. Willard Wirtz.

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Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton Jan 1969

Driver Behavior And Legal Sanctions: A Study Of Deterrence, Roger C. Cramton

Michigan Law Review

This Article considers first the general understanding of legal scholars and criminologists regarding the deterrent effect of legal sanctions; a second part summarizes current knowledge concerning the effects of legal sanctions in controlling driver behavior; and a concluding section evaluates briefly the methods available for the development of needed new knowledge.

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Wage Garnishment Should Be Prohibited, William T. Kerr Jan 1969

Wage Garnishment Should Be Prohibited, William T. Kerr

University of Michigan Journal of Law Reform

Historically, the statutory treatment of wage garnishment among the states has been characterized primarily by its diversity. Although most states exempt a specified amount of a man's wage from the reach of his creditors, the dollar levels of these exemptions are as various as the methods chosen to compute the amount to be exempted. In addition, legislators, some union spokesmen and some legal commentators have become increasingly aware of the role of wage garnishment in the "debtor-spiral" of easy credit, discharge from employment, bankruptcy and welfare. Inevitably this spiral involves a disproportionate impact on the poor. Impelled by these concerned …

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Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield Jan 1969

Representation For The Poor In Federal Rulemaking, Arthur Earl Bonfield

Michigan Law Review

The ample personal economic resources and relatively well-financed organizations of middle and upper income Americans usually assure their particular interests adequate representation in federal administrative rulemaking. The norm is that middle and upper income individuals, or their personal or organizational representatives, directly or indirectly monitor all agency activities. These persons attempt to protect their interests through formal or informal participation in rulemaking affecting them. But federal rulemaking very frequently affects large numbers of individuals who lack the personal economic resources and organized associations of middle and upper income Americans. These economically underprivileged persons are usually unable to keep themselves adequately …

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Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar Jan 1969

Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar

Michigan Law Review

A Review of Concerning Dissent and Civil Disobedience by Abe Fortas

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Consumer Credit In The Ghetto: Ucc Free Entry Provisions And The Federal Trade Commission Study (Business In The Ghetto), James J. White Jan 1969

Consumer Credit In The Ghetto: Ucc Free Entry Provisions And The Federal Trade Commission Study (Business In The Ghetto), James J. White

Other Publications

Like the former speakers, I will not speak on the topic for which I was scheduled. Instead I am going to talk about two things which are not closely related to one another but which are both related to the profitability of the retail sale of goods and credit in the ghetto. I propose to leave the law on consumer credit to Mr. Dostert and Professor Hogan. First I wish to say a word on the so-called "free entry" aspects of the Uniform Consumer Credit Code; then I will comment on the Federal Trade Commission study.

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Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii Dec 1968

Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii

University of Michigan Journal of Law Reform

Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …

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Persuader: Mobilization Of Support, Mary Ann Beattie Dec 1968

Persuader: Mobilization Of Support, Mary Ann Beattie

University of Michigan Journal of Law Reform

Law reform can be achieved through precedent-setting case law and through legislation. Each is a time-consuming activity with its own stumbling blocks. To establish law through the case method, one must have a fact situation directly on point with the inequity which one is trying to remedy. In many situations the client must be willing to follow through a long process of trial and appeal, instead of settling for a more immediate but incomplete resolution of his problem. The costs of litigation may become an insurmountable problem. Another difficulty with the test case as a vehicle for law reform is …

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