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The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Michigan Journal of International Law

The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …

The Expansion Of Federal Legislative Authority, Terrance Sandalow

Book Chapters

During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …

Union Representatives As Corporate Directors: The Challenge To The Adversarial Model Of Labor Relations, Robert A. Mccormick

University of Michigan Journal of Law Reform

This Article addresses these questions first by discussing the predominant philosophical approach adopted by unions in their dealings with management, and then describing several ways in which the labor laws reflect this traditional model of employment relations by showing, first, that the influence of unions has been limited to circumscribed categories of business decisions. The Article next examines decisions made by the National Labor Relations Board ("NLRB") and the courts that have carefully sought to separate employer from employee, assuming their interests to be inherently antagonistic. Then follows an evaluation of the NLRB's treatment of deviations from the traditional model …

Addressing The Reprographic Revolution: Compensating Copyright Owners For Mass Infringement, Rosalind S. Kurz

University of Michigan Journal of Law Reform

This Article addresses the unique problems created by the reprographic revolution. Part I discusses recent legislative attempts to relieve the strain placed on existing copyright law by developing reprographic technologies. Using the recent Betamax case as an example, part II criticizes judicial efforts to apply traditional copyright doctrine to issues involving reprographic technologies. Finally, part III proposes a framework for devising, an enforcement scheme to protect copyright holders' rights without denying the public the many benefits offered by reprographic technologies. The Article outlines an approach tailored to meet the special problems associated with each of the three basic reprographic technologies: …

Estates By The Entirety In Bankruptcy, Frank J. Spivak

University of Michigan Journal of Law Reform

This Note argues that the exemption for entirety property should be abolished. Part I examines the treatment of entirety property under the Code and illustrates the conflict between the entirety exemption and ·federal bankruptcy policy. Part II discusses procedural devices that creditors employ to subject entirety property to bankruptcy distribution.

The Refugee Act Of 1980: Its Past And Future, David A. Martin

Michigan Journal of International Law

Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.

Deportation And The Refugee, Elwin Griffith

Michigan Journal of International Law

Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.

Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass

Michigan Journal of International Law

This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.

Appendix Iii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of Foreign Laws

Appendix Ii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of United States Law

Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee

Michigan Journal of International Law

Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

Reformation Of Wills On The Ground Of Mistake: Change Of Direction In American Law?, John H. Langbein, Lawrence W. Waggoner

Articles

Although it has been "axiomatic" that our courts do not entertain suits to reform wills on the ground of mistake, appellate courts in California, New Jersey, and New York have decided cases within the last five years that may presage the abandonment of the ancient "no-reformation" rule. The new cases do not purport to make this fundamental doctrinal change, although the California Court of Appeal in Estate of Taff and the New Jersey Supreme Court in Engle v. Siegel did expressly disclaim a related rule, sometimes called the "plain meaning" rule. That rule, which hereafter we will call the "no-extrinsic-evidence …

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 These …

The Impact Of U.S. Control Of Foreign Assets On Refugees And Expatriates, Michael P. Malloy

Michigan Journal of International Law

The U.S. Treasury Department has the responsibility of administering several emergency-related programs that affect the property of certain countries (and usually the nationals thereof) designated by its regulations, where the property, or the persons dealing with the property, are subject to the jurisdiction of the United States. These so-called "embargo controls" consist of trade sanctions (i.e., an "embargo" in the narrow sense of the term) and prohibitions on transactions involving assets in which the designated country or its nationals have any interest. These prohibitions, known collectively as a "blocking" of assets, have an impact on refugees and expatriates, …

Victims Of Natural Disasters In U.S. Refugee Law And Policy, Janet L. Parker

Michigan Journal of International Law

This note reviews the history and antecedents of subsection 203(a)(7)(B), suggests explanations for its repeal, and explores alternative relief for the individuals who might formerly have benefited from it. It is presumed that some victims of natural disasters have a need for refuge equal to that of the refugee fleeing persecution. This is not to say that every "catastrophic natural calamity," as the now defunct statutory formulation put it, produces victims requiring the extraordinary relief of asylum. Yet, when the disaster constitutes a continuing threat to human life, and aid to the stricken area cannot restore an acceptable standard of …

Legal Rights Of Refugees: Two Case Studies And Some Proposals For A Strategy, Steven M. Schneebaum

Michigan Journal of International Law

In a recent decision of far-reaching implications, Filartiga v. Pena-Irala, the United States Court of Appeals for the Second Circuit not only identified one such right, but provided invaluable guidance as to how the broader question is to be addressed. This essay offers an analysis of the decision in Filarh'a, as well as a case presenting intriguing points of comparison, Tran Qui Than v. Blumenthal. It then proposes several generalizations concerning the identification of legal rights of refugees, suggesting a strategy for their enforcement, the upshot of which is this: creative marshalling and invocation of rights well …

Nordic Refugee Law And Policy, Göran Melander

Michigan Journal of International Law

Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock

University of Michigan Journal of Law Reform

This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.

Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg

University of Michigan Journal of Law Reform

This Article evaluates the benefits and burdens of shifting litigation risk from management to the enterprise. The Article begins by considering the nature of the legal risks confronting the corporate executive, and the principles of common law that developed to counter those risks. The Article proceeds to assess the two statutory responses to threats of personal liability against the corporate executive: indemnification statutes, and director and officer insurance. Finally, after comparing the effective absolute immunity available to corporate executives with the qualified immunity enjoyed by high-level government officials, the Article concludes that indemnification practices have overinsulated the corporate officer from …

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

The Decline And Fall Of Taxable Income, Glenn E. Coven

Michigan Law Review

After first exploring the intellectual climate that has facilitated the congressional disregard of taxable income, this Article will examine three areas in which taxable income is no longer the exclusive mechanism for allocating the burden of taxation. That examination will outline the undesirable consequences of the decline of taxable income, and demonstrate that Congress need not have disregarded taxable income to secure the desired pattern of taxation. Because the use of multiple rate schedules constitutes the most significant deviation from the concept of taxable income in terms of the number of taxpayers that it affects and the popular resentment against …

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review

Michigan Law Review

This Note argues that American courts should mitigate the impact of the PTIA on American antitrust litigation by enjoining British defendants from pursuing their rights under the Act. Part I examines the Act's principal effects on antitrust enforcement and the settlement process, and concludes that these effects are serious enough to warrant judicial intervention. Part II establishes a court's power to issue transnational antisuit injunctions, and considers the propriety of doing so. After briefly rejecting two practical objections to such injunctions - that they are impossible to enforce and will provoke international retaliation - Part II analyzes the doctrine of …

Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review

Michigan Law Review

This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …

The Nonprofit Health Care Corporation Reform Act Of 1980, David L. Hollister, Patience A. Drake

University of Michigan Journal of Law Reform

In recent years, Blue Cross/Blue Shield has been the subject of considerable controversy. Its critics charge the non-profit, tax-exempt corporation with being unduly secretive, arrogantly unresponsive to consumer interest and not vigorous in its cost containment efforts. These criticisms, along with a variety of other factors, led to the legislative reform I am here to talk to you about this evening.

Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley

University of Michigan Journal of Law Reform

This article critically examines the extraordinary nuclear occurrence threshold in light of its congressional purpose. Part I surveys the Price-Anderson Act's nuclear liability scheme. Part II focuses on the extraordinary nuclear occurrence threshold, scrutinizing its content and its application to the Three Mile Island accident. Part III discusses the need for reform of the nuclear liability waiver of defenses scheme, concluding that the threshold should be abolished.

Implied Private Rights Of Action Under The Securities Act Of 1933 Section 17(A), Steven M. Stankewicz

University of Michigan Journal of Law Reform

This article considers the existence of a private right of action under Securities Act section 17(a). Part I examines the evolving implication doctrines, and their applicability to section 17(a).Part II discusses the need for a statutory solution and the treatment of implied rights of action under the American Law Institute's proposed Federal Securities Code.

The Privacy Protection Act Of 1980: Curbing Unrestricted Third-Party Searches In The Wake Of Zurcher V. Stanford Daily, Jose M. Sariego

University of Michigan Journal of Law Reform

This article analyzes the Privacy Protection Act as a response to Zurcher. Part I discusses the Zurcher decision and its effect on First and Fourth Amendment rights, as well as its impact on state testimonial privileges. Part II critically examines key features of the statute, focusing on the parties and materials protected, the police practices regulated, the remedies provided for violations, and the Act's constitutional underpinnings. Part II also offers suggestions for remedying the problems the Act currently presents. The article concludes that the Privacy Protection Act, while a necessary first step to minimizing the impact of Zurcher, is …

Set-Offs Against Back Pay Awards Under The Federal Age Discrimination In Employment Act, Michigan Law Review

Michigan Law Review

This Note proposes a theory to govern set-offs against ADEA damage awards that best effectuates congressional ~tent. It suggests that courts should set off those types of benefits received after a violation that, had they been lost because of a violation, would have been included in the damage award. Part I identifies the proper measure of damages under the ADEA as the net loss of 'job-related benefits," doubled in cases of willful violation. It explains first that job-related benefits should be broadly defined to include unemployment compensation and social security benefits as well as wages, and second that the congressional …