Open Access. Powered by Scholars. Published by Universities.®

Legislation Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1471 - 1500 of 1943

Full-Text Articles in Legislation

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg May 1969

The Congressional Invitation To Avoid The Preliminary Hearing: An Analysis Of Section 303 Of The Federal Magistrates Act Of 1968, Patricia W. Weinberg, Robert L. Weinberg

Michigan Law Review

Under prior law, it is true, many federal prosecutors routinely avoided preliminary hearings by securing continuances of the hearing date until after an indictment was obtained. But this ploy required a complaisant magistrate or an inert defendant. Moreover, the propriety of using continuances to circumvent the accused's right to a preliminary hearing had come under increasing and sometimes successful attack. Section 303, if literally construed, can legitimize the prosecutorial practice of mooting the defendant's right to a preliminary hearing under rule 5(c) by obtaining a relatively quick indictment. This predictable use or abuse of the Act should and can be …

Go to article

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review Apr 1969

Labor Relations--Consumer Picketing Under Section 8(B) (4) (Ii) (B) Of The National Labor Relations Act--Honolulu Typographical Union, No. 37, I.T.U., A.F.L.-C.I.O. V. Nlrb, Michigan Law Review

Michigan Law Review

The principal case is concerned generally with the problem of secondary activity by unions, and specifically with the application of a judicially created exception to the general prohibition against such activity. As originally written, section 8(b)(4) was intended to protect neutral employers from becoming involved in disputes between other employers and unions by prohibiting certain union activities. Among the practices forbidden was the traditional secondary boycott which arises when a union in a dispute with a primary employer brings pressure to bear on other employers (secondary employers), through their employees, to cease doing business with the primary. However, the statute …

Go to article

Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald Apr 1969

Union Political Involvement And Reform Of Campaign Financing Regulation, George P. Macdonald

University of Michigan Journal of Law Reform

The spiraling costs of political campaigns 5 and the continuing significant role played by unions and corporations in the financing of those campaigns call for an examination of section 610's efficacy as a prohibitory statute. This article will focus on the use of labor union funds in the financial aspects of national politics. It will first discuss the loopholes in section 610: those loopholes created through narrow judicial interpretation of the statute and those resulting from its imprecise drafting. Particular emphasis will be placed upon an analysis of the sources of funds available to unions for political activities and the …

Go to article

Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review Apr 1969

Contracts--Consideration--Inadequacy Of Consideration As A Factor In Determining Unconscionability Under Section 2-302 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 2-302 of the Uniform Commercial Code (Code) provides that a court may refuse to enforce all or part of a contract if it finds that the contract, or any part of it, was unconscionable when made. In American Home Improvement, Inc. v. MacIver the Supreme Court of New Hampshire apparently held that a price substantially in excess of the value of the goods and services sold was sufficient in itself to constitute unconscionability under this provision of the Code. The high price was at least in part attributable to high time-credit charges, and, as noted by the court, the …

Go to article

State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith Mar 1969

State And Local Advisory Reports On Public Employment Labor Legislation: A Comparative Analysis, Russell A. Smith

Michigan Law Review

The reports surveyed in this Article will be designated by reference to the state or other governmental unit with which each is associated. The reports are, in chronological order, the Connecticut Report of February 1965, the Minnesota Report of March 1965, the Rhode Island Report of February 1966, the New York ("Taylor Committee") Report of March 1966, the Michigan Report of February 1967, the Illinois Report of March 1967, the New Jersey Report of January 1968, the Pennsylvania Report of June 1968, and the Los Angeles County Report of July 1968. The "findings" made by the National Governors' Conference Task …

Go to article

Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review Feb 1969

Labor Law--Res Judicata--The Applicability Of Res Judicata And Collateral Estoppel To Actions Brought Under Section 8(B) (4) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note is concerned primarily with the possibility of granting preclusive effect to the Board's determination of the issue of union liability under the section 8(b)(4) charge. Since traditional collateral estoppel principles must be adapted somewhat when applied to the Board's procedures, the preclusive effect given to the prior determination of liability will be referred to simply as "estoppel" in order to avoid confusion with the doctrine of collateral estoppel as it was developed in the courts.

Go to article

Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review Feb 1969

Military Law--"In Time Of War" Under The Uniform Code Of Military Justice: An Elusive Standard, Michigan Law Review

Michigan Law Review

This Note will present such an analysis, investigate the deficiencies of the current language in the Uniform Code of Military Justice, and suggest an alternative to the elusive standard that presently exists.

Go to article

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 …

Go to article

Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta Jan 1969

Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta

Articles

The increasing need of legislatures to draft complicated statutes, e.g., the Internal Revenue Code, requires the development of new techniques for defining and communicating complicated policies both accurately and understandably. At present, these complicated statutes are expressed in long, convoluted sentences with frequent uses of exceptions and limitations. Current drafting technique, with its inadequacies, often hinders a comprehensive understanding of the policy being communicated and often fails to communicate the policy accurately. Moreover, with the voluminous increase of legal literature in recent times, legal researchers experience increasing difficulty in attempting to retrieve relevant judicial and administrative interpretations. The authors propose …

Go to article

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.

Go to article

A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson Dec 1968

A Goal-Oriented Model Code Of Pre-Arraignment Procedure For Wisconsin, Cyril D. Robinson

University of Michigan Journal of Law Reform

In this article we analyze the arrest chapter of the proposed code as it was substantially completed at the time the project was terminated, although it has been updated to accommodate relevant recent case law. We examine the need for guiding principles in drafting a code, the proper aims and organization of the code, the proposed provisions of the arrest chapter, and the law and practice which recommend both the principles and the provisions.

Go to article

Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn Dec 1968

Preferential Transfers On The Eve Of The Bankruptcy Amendments, Richard M. Kohn

University of Michigan Journal of Law Reform

While secured lenders may have been content to ride the crest of judicial legislation, the only permanent solution to the problem lie in amending either the Bankruptcy Act, the Uniform Commercial Code, or both. This at least is the view taken by the National Bankruptcy Conference's Committee on Coordination of the Uniform Commercial Code and Bankruptcy Act. Since its first meeting in June 1966, the Committee has focused its attention primarily upon the validity, in bankruptcy proceedings, of Article 9 security interests in after-acquired property. In September 1967, the Committee submitted to the Bankruptcy Conference its first draft of a …

Go to article

Reflections From A Different Perspective, B. J. George Jr. Dec 1968

Reflections From A Different Perspective, B. J. George Jr.

University of Michigan Journal of Law Reform

A signal fact of the 1960's is the widespread attention being paid to modernization of America's criminal law and procedure. After nearly a century of patchwork adjustments of state codes or fragmentary modification of the common law, the federal government and a great many states are moving toward new substantive codes and new codes or rules of criminal procedure. As one who has been working as a reporter in Michigan's endeavor to revise its criminal law and procedure, I have been asked to comment in a general way on Mr. Robinson's effort at reforming Wisconsin law.

Go to article

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 …

Go to article

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine Dec 1968

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Articles

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …

Go to article

Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen Jun 1968

Fraudulent Conveyances In The Conflict Of Laws: Easy Cases May Make Bad Law, Albert A. Ehrenzweig, Peter K. Westen

Michigan Law Review

It has been said that hard cases often make bad law. The recent decision by the New York Court of Appeals in James v. Powell suggests that easy cases, too, may make bad law-especially where a scholarly judge ventures beyond the demands of the case before him.

Go to article

Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart Jun 1968

Transportation Strike Control Legislation: A Congressional Challenge, Arthur M. Wisehart

Michigan Law Review

The necessity of protecting the public interest in continuity of transportation services while at the same time preserving the institution of collective bargaining presents a serious dilemma which the statutory framework devised during the first third of this century now seems inadequate to resolve. Indeed, most crippling strikes have occurred after statutory mechanisms for dispute resolution have been exhausted. This Article will trace the history of transportation labor legislation, outline the shortcomings of present procedures for dispute resolution, evaluate various alternatives for statutory reform, and propose permanent corrective legislation which would avoid the necessity of submitting each dispute for congressional …

Go to article

Silving: Constituent Elements Of Crime, B. J. George Jr. Jun 1968

Silving: Constituent Elements Of Crime, B. J. George Jr.

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving

Go to article

The Trend In Water Law Development, Jerome Maslowski Apr 1968

The Trend In Water Law Development, Jerome Maslowski

University of Michigan Journal of Law Reform

The basis of public and private rights in the waters of the State of Michigan is grounded principally in the common law. There has been a scarcity of statutory law on the subject and it is only within the last ten years that any statutes have been enacted which seek to delineate public and private rights.

Go to article

A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram Apr 1968

A Reasoned Approach To The Reform Of Sex Offense Legislation, Ronald B. Schram

University of Michigan Journal of Law Reform

Currently there is a widespread movement toward the revision of state criminal codes. The goals of such an undertaking are varied: (1) to reduce the size of the criminal law by eliminating inconsistent, overlapping, or obsolete provisions; (2) to phrase the prohibitions in clear and concise language; (3) to introduce more modern approaches to the definition and treatment of criminal offenses; and (4) to harmonize the penalty imposed for a particular act with the severity of the act and the penalty for other acts. This paper will concentrate on sex offenses in an attempt to understand the legislative process of …

Go to article

Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review Apr 1968

Privileged Communications--Accountants And Accounting--A Critical Analysis Of Accountant-Client Privilege Statutes, Michigan Law Review

Michigan Law Review

This Note will examine the policy bases for the accountant-client privilege and the reception which the privilege has received in federal and state courts. In addition, it will suggest desirable limitations on the scope of the privilege.

Go to article

Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper Apr 1968

Cease And Desist: The History, Effect, And Scope Of Clayton Act Orders Of The Federal Trade Commission, Thomas E. Kauper

Michigan Law Review

A cease and desist order is not entered in a vacuum. What an order should say or require depends upon the effect which the order is to have. A substantial portion of the present study is therefore concerned with the array of effects which may result from the order's entry, and with the relationship between those effects and the order itself. Not all of the detailed discussion of enforcement procedures which follows may seem directly relevant to the content of the FTC's orders. There are important unresolved issues within the enforcement procedures themselves which warrant examination for their own sake …

Go to article

The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield Mar 1968

The Dirksen Amendment And The Article V Convention Process, Arthur Earl Bonfield

Michigan Law Review

This article will concentrate on the legal issues facing Congress in the current effort to call a constitutional convention. Because all of the previous amendments to the Constitution were proposed to the states by a two-thirds vote of both Houses of Congress, the issues raised in the present situation have never been resolved. The appropriate course of action for the national legislature is especially in doubt. An attempt will therefore be made here to focus on proper decision-making by Congress in resolving these constitutional issues. The role of the judiciary will be considered only incidentally, since, as will be seen, …

Go to article

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr. Mar 1968

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.

Michigan Law Review

Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …

Go to article

Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review Feb 1968

Constitutional Law--Commerce Clause--1966 Amendments To Fair Labor Standards Act Extending Coverage To Employees In State-Operated Schools, Hospitals, And Related Institutions Held Constitutional--Maryland V. Wirtz, Michigan Law Review

Michigan Law Review

In 1966, Congress amended the Fair Labor Standards Act (FLSA) and for the first time extended the coverage of the minimum wage and overtime provisions to employees in state-operated schools, hospitals, and related institutions. The State of Maryland, joined by twenty-seven other states, brought an action to enjoin enforcement of the amendments insofar as they applied to these state-operated facilities and sought a declaratory judgment ruling the amendments unconstitutional. The states asserted that the amendments were unconstitutional in two respects. First, they contended that the "enterprise" concept of FLSA coverage, which extended the Act to cover all employees of an …

Go to article

Draftsman: Formulation Of Policy, Carl Schier Jan 1968

Draftsman: Formulation Of Policy, Carl Schier

University of Michigan Journal of Law Reform

Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …

Go to article

Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta Jan 1968

Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta

University of Michigan Journal of Law Reform

The natural question raised by the passage of "Tenant Rights" legislation is whether the new law helps or hinders the practicing attorney representing tenants. In analyzing the package of Tenant Rights Bills enacted in Michigan in 1968 this article will focus on three questions: 1) whether such legislation raises false hopes in being heralded as a major declaration of rights and an effort to solve the problem of housing shortage; 2) whether such legislation actually further oppresses tenants, especially in their exercise of the one effective instrument in their power: collective action; and 3) whether such legislation significantly changes the …

Go to article

Income Tax--Capital Gains Tax--Meaning Of "More Than 80 Percent In Value Of The Outstanding Stock" Under Section 1239, Michigan Law Review Jan 1968

Income Tax--Capital Gains Tax--Meaning Of "More Than 80 Percent In Value Of The Outstanding Stock" Under Section 1239, Michigan Law Review

Michigan Law Review

The sale of property by a taxpayer to a corporation which he controls has been a frequently attempted method of tax reduction for more than thirty years. Such a transaction has the advantage of maintaining ownership of the property in virtually the same hands, while at the same time resulting in a substantial mitigation of tax liability. For instance, in the post-World War II period, when property values were generally increasing, a taxpayer could sell to his controlled corporation at a gain depreciable property with a basis lowered by adjustments for prior depreciation allowances. The gain was immediately taxable at …

Go to article

Conflicting Perfected Security Interests In Proceeds Under Article 9 Of The Uniform Commercial Code, Michigan Law Review Jan 1968

Conflicting Perfected Security Interests In Proceeds Under Article 9 Of The Uniform Commercial Code, Michigan Law Review

Michigan Law Review

Section 9-306 gives the inventory financer a "continuously perfected" security interest in the proceeds of the inventory if the security interest in the original collateral was perfected. "Proceeds" is defined as including "whatever is received when collateral or proceeds is sold, exchanged, collected or otherwise disposed of." Thus, the inventory financer may have a security interest in the proceeds of the original collateral or the proceeds of the proceeds. The security interest in the proceeds may be perfected in either of two ways: (1) under section 9-306(3)(a) the security interest is perfected by filing a financing statement that expressly covers …

Go to article

The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel Jan 1968

The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel

Articles

T HE subject of this symposium, the proposed Michigan Revised Criminal Code (Proposed Code),' is the product of a three-year study by a Joint Committee of the State Bar. The study was undertaken pursuant to a 1964 resolution of the State Bar Commissioners calling for a "complete revision of the criminal code to redefine crimes and penalties."'2 The Joint Committee is an extraordinarily large group, being composed of members of both the standing Criminal Jurisprudence Committee and the Special Code Revision Committee.' Its membership reflects great diversity in viewpoint and professional interests, including not only prosecutors, defense attorneys and judges, …

Go to article

First Prev Next Last