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University of Michigan Law School

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Articles 1351 - 1380 of 1943

Full-Text Articles in Legislation

Michigan Standards Of Conduct And Ethics Act Of 1973, Rogan Alan Petzke Jan 1975

Michigan Standards Of Conduct And Ethics Act Of 1973, Rogan Alan Petzke

University of Michigan Journal of Law Reform

This article undertakes an analysis of the Standards of Conduct and Ethics Act. After a discussion of the factors prompting enactment, the statutory framework of the Act is presented. Finally, the Michigan legislation is contrasted with and evaluated in light of similar statutory efforts in other states.

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Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio Jan 1975

Michigan Motor Vehicle Service And Repair Act Of 1974, A. Russell Localio

University of Michigan Journal of Law Reform

This note will analyze the Michigan Motor Vehicle Service and Repair Act, examining the differences between it and prior Michigan and federal legislation. The new legislation will be compared with similar statutes in other states. Finally, the possible drawbacks of repair shop and mechanic certification programs will be discussed, and suggestions for improvements will be made.

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Toward A Uniform Approach To Multilevel Distributorships, Donald Daniels Jan 1975

Toward A Uniform Approach To Multilevel Distributorships, Donald Daniels

University of Michigan Journal of Law Reform

The phenomenal growth and eventual collapse of the enterprises of Glenn Wesley Turner and William Penn Patrick during the 1960's should have surprised no one. They were only a recent example of an old and recurrent merchandising scheme, a variant of the chain letter device. Such operations, commonly called pyramid sales schemes, can temporarily succeed where a credulous public, willing to believe that it can get rich quickly for a small monetary investment and little or no expenditure of effort, exists in a legal system lacking a coordinated program for the prevention of such machinations. Pyramid sales schemes have been …

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Federal Leased Housing Assistance In Private Accommodations: Section 8, Nancy S. Cohen Jan 1975

Federal Leased Housing Assistance In Private Accommodations: Section 8, Nancy S. Cohen

University of Michigan Journal of Law Reform

The public housing program, which does not involve private developers, was also criticized as wasteful, poorly conceived, and inequitable. Further, it appeared to some that the federal government was assuming the losses caused by the accelerating decline of large cities. As a result of various investigations and HUD audits, the FHA was in a state of chaos after recurring reorganizations. The administration's suspension of housing subsidies on January 5, 1973 was an added impetus for the passage of a new act. The resulting legislation, the Housing and Community Development Act of 1974,20 is the federal government's first significant set of …

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Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe Jan 1975

Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe

University of Michigan Journal of Law Reform

In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …

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Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase Jan 1975

Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase

University of Michigan Journal of Law Reform

This article will explore the problems raised by the emergence of the federal government as a television "sponsor." It will argue that fundamental structural reform is needed to promote the constitutional values at issue, that such reform will also promote the interests of local control sought by the Public Broadcasting Act of 1967, and that legislative action in furtherance of this structural solution is desirable. In this context this article will consider the proposed Public Broadcasting Financing Act of 1974 and will argue that any bill modeled on it would not eliminate the problems despite its salutary innovations. Not considered, …

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To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider Jan 1975

To Tell The Truth, The Whole Truth, And Nothing But The Truth - Help For Florida's Frazzled Condominium Buyers?, Elizabeth Snider

University of Michigan Journal of Law Reform

The condominium has become an increasingly familiar arrangement in the United States. In 1972, some 235,000 condominium units were built; this number swelled to about 420,000 in 1973, an increase of almost 79 percent. Accompanying this tremendous increase in building and selling has been an increasing awareness of the need for regulation of this multi-million dollar industry. This note explores the legislative background of condominium regulation; examines the recent Florida Condominium Act amendments, focusing on the Act's disclosure requirements, what they mean, and what their impact will be on developers and purchasers; and offers alternatives to the Florida scheme.

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The Michigan Abortion Refusal Act, G. Michael White Jan 1975

The Michigan Abortion Refusal Act, G. Michael White

University of Michigan Journal of Law Reform

Since the United States Supreme Court handed down the landmark decisions of Roe v. Wade andDoe v. Bolton, which placed constitutional limitations, on state regulation of abortions, efforts have been made on the federal and state levels to blunt the effect of those cases. One prevalent reaction has been the enactment of state "conscience clause" legislation, such as the Michigan Abortion Refusal Act, which seeks to extend to all hospitals the right to refuse admission of abortion patients. This legislative note will consider whether the Michigan conscience clause is legally necessary to ensure the right it seeks to …

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The New York Truth In Travel Act, Lisa Kennedy Jan 1975

The New York Truth In Travel Act, Lisa Kennedy

University of Michigan Journal of Law Reform

A New York couple arrange a vacation abroad through their travel agent. They expect a direct flight, deluxe, centrally located accommodations, and guided tours of local attractions. Once they have set out, they discover to their dismay that their flight makes several lengthy stops, their reservations are at a drab and uncomfortable hotel in an inconvenient location, and there are no reservations for the tours. This hypothetical situation is representative of instances of travel fraud, a frequent consumer grievance in what is acknowledged as the considerable volume of travel business being conducted in the United States. New York has attempted …

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Presidential Pensions And Impeachment: A Proposal For Reform, Patrick E. Mears Jan 1975

Presidential Pensions And Impeachment: A Proposal For Reform, Patrick E. Mears

University of Michigan Journal of Law Reform

The Former Presidents Act grants annual monetary and clerical allowances and free office space to "former Presidents." Under the Act a President is ineligible to receive any retirement benefits if he or she is removed from office by impeachment and conviction in the Congress of the United States. However, a President facing imminent impeachment can retain the benefits by resigning before the impeachment process culminates in his removal from office. Constitutional considerations indicate that the benefits conferred by the Act could not be revoked or reduced by special congressional legislation upon resignation; such action could be challenged as a bill …

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No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little Jan 1975

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

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The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review Jan 1975

The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review

Michigan Law Review

This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.

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A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle Jan 1975

A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle

Articles

Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …

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Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow Jan 1975

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

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Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review Jan 1975

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

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Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel Dec 1974

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.

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United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review Apr 1974

United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review

Michigan Law Review

This Note will first review the origin and development of the defense of discriminatory prosecution and will then analyze the situation in United States v. Falk. The Note concludes that Falk is significant in that it continues the device of shifting the burden to the prosecution once a prima facie case of discriminatory enforcement has been established. More importantly, by implicitly eliminating the necessity of showing purposeful discrimination, Falk represents an important and praiseworthy development.

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The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review Mar 1974

The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review

Michigan Law Review

In Vlandis v. Kline and United States Department of Agriculture v. Murry, decided during its past term, the Supreme Court invoked the conclusive presumption doctrine to invalidate statutory provisions, that restricted access to certain state and federal government benefits. This term, in Cleveland Board of Education v. LaFleur, the Court used the same rationale to strike down school board rules requiring teachers to take maternity leaves without pay. The essence of the doctrine is as follows: When a statutory provision imposes a burden upon a class of individuals for a particular purpose and certain individuals within the burdened class …

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Updating The Trust Indenture Act, Howard M. Friedman Jan 1974

Updating The Trust Indenture Act, Howard M. Friedman

University of Michigan Journal of Law Reform

Holders of publicly distributed debt securities are, in essence, parties to contracts of adhesion. There is no opportunity for a purchaser of a debt security to negotiate the terms of his loan to the issuer. In addition, because there are a large number of geographically scattered small lenders, each of them is placed in a particularly vulnerable position. While lenders traditionally have numerous methods of protecting their interests, creditor protection is ineffective unless responsibility for enforcement is centralized. Widely scattered security holders find it difficult to police compliance with covenants in the loan agreement and to coordinate legal action in …

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Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens Jan 1974

Pennsylvania Housing Finance Agency Act Of 1972, John A. Stevens

University of Michigan Journal of Law Reform

The 1959 Pennsylvania legislation, while commendable for its goals and its innovative financing concepts, proved inadequate over the years in meeting the changing housing needs in the state. In an attempt to correct the deficiencies of this legislation, Pennsylvania radically revised its housing law by enacting the Housing Finance Agency Act of 1972. This note undertakes a historical analysis of both the 1959 Act and the 1972 Act. Then, the new act is contrasted with similar statutes in other states. Finally, the effectiveness of the Pennsylvania legislation as a stimulate to the development of new low- and moderate-income housing is …

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Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale Jan 1974

Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale

University of Michigan Journal of Law Reform

This article traces the judicial treatment of radar, reviews statutory attempts to regulate radar usage, and proposes a uniform act as an effective and consistent approach to ensure the proper use of radar.

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Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes Jan 1974

Michigan Water Resources Commission Act Amendments: A Response To The Federal Water Pollution Control Act Amendments Of 1972, Jeffrey K. Haynes

University of Michigan Journal of Law Reform

This article appraises the strengths and weaknesses of the WRC Act and its recent amendments. After a description of the federal impetus behind the new amendments, the Michigan statutory framework is evaluated, including comparison of the WRC Act with a model state act designed to meet FWPCA requirements. Finally, the past implementation of the Act is discussed, with suggestions for future improvement.

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Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin Jan 1974

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …

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Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene Jan 1974

Guidelines For Alleviating Local-Emergency Work Disruptions, Joshua Greene

University of Michigan Journal of Law Reform

The first section of this article summarizes the vast differences between the rights of public and private employees to strike. The second section focuses on likely obstacles to a governmental suit to enjoin shutdowns in the broadest segment of American private industry-the segment in which labor relations are governed by the National Labor Relations Act (NLRA). The final section of the article suggests a legislative solution to the problem, fashioned after existing statutory remedies for limiting certain strikes by public employees.

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Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer Jan 1974

Legislative Note: Michigan's Criminal Sexual Assault Law, Kenneth A. Cobb, Nancy R. Schauer

University of Michigan Journal of Law Reform

Under increasing pressure from women's rights groups and other reform organizations, the Michigan legislature has re-evaluated its centenarian rape statute, found it inadequate for the realities of the mid-twentieth century, and enacted a new sexual assault act. While people may refer to the act as "the new rape law," it should be noted at the outset that the statute is intended to prohibit a variety of sexual acts which involve criminal assault. Michigan's new criminal sexual assault law was formulated to distinguish among degrees of violence as motivated by hostility rather than passion; rape, like other crimes, is more heinous …

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Information Disclosure And Consumer Behavior: An Empirical Evaluation Of Truth-In-Lending, William K. Brandt, George S. Day Jan 1974

Information Disclosure And Consumer Behavior: An Empirical Evaluation Of Truth-In-Lending, William K. Brandt, George S. Day

University of Michigan Journal of Law Reform

This article offers some empirical insight into the debate over the efficacy of disclosure legislation. The primary concern is the effect of the Act on (1) the level of consumer knowledge of interest rates and finance charges; (2) the extent of comparison shopping; and (3) the decisions to postpone purchases, to use cash instead of credit, or to reduce the finance charges by increasing the downpayment or reducing the number of payments. The article also evaluates patterns of consumer behavior and credit-granting procedures which may constrain the long-run potential of TIL.

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Intrastate Offerings Under Rule 147, J. William Hicks Jan 1974

Intrastate Offerings Under Rule 147, J. William Hicks

Michigan Law Review

In an effort to publicize administrative and judicial interpretations of the exemption, to protect investors, and to provide more certainty in determining the parameters of section 3(a)(ll), the SEC has adopted rule 147. This Article, in three parts, will examine that rule. Part I is devoted to an explanation of the rule; it will indicate how the rule differs from earlier interpretations of section 3(a)(ll) and discuss the problems that the rule leaves unanswered. Part II will consider the interrelationships among the various sections of the rule, as well as interpretative issues that have not yet arisen under section 3(a)(ll). …

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Insider Liability For Short-Swing Profits: The Substance And Function Of The Pragmatic Approach, Michigan Law Review Jan 1974

Insider Liability For Short-Swing Profits: The Substance And Function Of The Pragmatic Approach, Michigan Law Review

Michigan Law Review

This Note will discuss the inquiries encompassed by the "possibility of abuse" test. It will also evaluate whether the test is properly employed only in determining that an unorthodox transaction is or is not a "purchase" or "sale" or whether the test could better be used as a threshold inquiry in all cases.

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Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review Dec 1973

Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review

Michigan Law Review

Title VII of the 1964 Civil Rights Act guarantees freedom from employment discrimination based on race, religion, sex, or national origin and establishes remedial procedures for aggrieved employees. A nondiscrimination clause in a collective bargaining agreement may also protect employees from discriminatory treatment; typically, the contract will also contain grievance machinery through which the employee, with the aid of his union, can present his complaint. The question remains: When both title VII and contract grievance procedures are available, can an individual employee or a group of employees take direct action against an allegedly discriminatory employer independently of the union and …

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Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis Nov 1973

Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis

Michigan Law Review

This Article discusses the background, negotiation, and drafting of selected WCA restrictions on creditor powers and remedies and compares those provisions to the analogous restrictions proposed by other reform measures. In addition to the UCCC, the MCCA and the WCA, two other major works must be considered in any discussion of consumer-credit legislation. First is Working Redraft No. 4 of the UCCC (UCCC Redraft). This proposed revision, published in December 1972, represents a marked change in the UCCC. Many provisions favorable to the consumer have been added, and many of the parallel provisions on sales and loans have been consolidated. …

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