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Articles 331 - 360 of 770
Full-Text Articles in Legislation
Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review
Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review
Michigan Law Review
The purpose of this Note is to analyze the opinion in Blue Chip and to ascertain the content of the Birnbaum rule as it exists today. It will first discuss the opinion of the Court in Blue Chip itself and delineate the primary policy considerations upon which the majority focused. It will then apply these policy considerations to the major categories of case law that have arisen subsequent to Birnbaum and analyze the validity of this case law in light of Blue Chip.
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Program Environmental Impact Statements: Review And Remedies, Michigan Law Review
Michigan Law Review
This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review
Michigan Law Review
This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …
Foreign Bribes And The Securities Acts' Disclosure Requirements, Michigan Law Review
Foreign Bribes And The Securities Acts' Disclosure Requirements, Michigan Law Review
Michigan Law Review
The Securities Act of 1933 and the Securities Exchange Act of 1934 require most major corporations to disclose to investors all material information concerning company operations. Although they were not intended to regulate the conduct of business, these disclosure obligations can have a deterrent effect upon improper corporate activities. The recent revelation that a significant number of corporations have been making bribes and similar payments abroad has created interest in the feasibility of employing the disclosure requirements to curtail this practice. This Note will show that, despite recent pressures for change, the Securities and Exchange Commission has continued to view …
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
The Extraterritorial Scope Of Nepa's Environmental Impact Statement Requirement, Michigan Law Review
Michigan Law Review
This Note analyzes the extent to which NEPA's section 102(2) procedural requirements, specifically the impact statement requirement of section 102(2) (C), apply to federal agencies in their activities abroad. After determining that Congress does possess the authority to extend the requirements of NEPA to all federal agency actions, and that legislative intent will thus control the territorial scope of these requirements, consideration will be given to the presumption against the extraterritorial application of congressional enactments. It will be concluded that a "clear statement" of congressional intent is not required in the case of NEPA and that the scope of the …
Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review
Private Causes Of Action Under Section 206 Of The Investment Advisers Act, Michigan Law Review
Michigan Law Review
This Note examines the propriety of implying a cause of action for damages under section 206. Upon concluding that such an implication is appropriate, it then suggests a scope for section 206 actions that implements the Act's underlying purposes.
The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review
The Judicial Public Policy Doctrine In Tax Litigation, Michigan Law Review
Michigan Law Review
This Note evaluates the merits of Revenue Ruling 74-323. First, it asserts that, while not arbitrary, the Service's resolution of the preemption issue was not mandated by the language of amended section 162 or by the relevant legislative history. Second, it maintains that it is both appropriate and procedurally feasible to apply the judicial public policy doctrine to violations of federal civil rights laws that impose no fine, imprisonment, loss of license, or other criminal penalty. The denial of a deduction in this situation would extend the public policy doctrine beyond both section 162(c)(2) and the judicial doctrine as it …
Ex Post Facto Limitations On Legislative Power, Michigan Law Review
Ex Post Facto Limitations On Legislative Power, Michigan Law Review
Michigan Law Review
This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.
The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review
The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review
Michigan Law Review
After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.
Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review
Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review
Michigan Law Review
This note will examine the individual interests in running for office and in personal financial privacy in order to determine what level of scrutiny should be applied to disclosure statutes. After concluding that only minimal scrutiny should apply--a standard certainly met by the state's strong interests--it will be argued that nonconstitutional considerations bearing on the practicality of disclosure statutes nevertheless require a careful balancing of the state interest in disclosure against the individual interests of each class of persons affected by the statutes. The discussion of the strength of the state's interest in disclosure with respect to each class will …
Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review
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 …
The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review
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.
United States V. Falk: Developments In The Defense Of Discriminatory Prosecution, Michigan Law Review
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.
The Conclusive Presumption Doctrine: Equal Process Or Due Protection?, Michigan Law Review
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 …
Insider Liability For Short-Swing Profits: The Substance And Function Of The Pragmatic Approach, Michigan Law Review
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.
Intrastate Offerings Under Rule 147, J. William Hicks
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). …
Title Vii And Nlra: Protection Of Extra-Union Opposition To Employment Discrimination, Michigan Law Review
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 …
Legislative Restriction Of Creditor Powers And Remedies: A Case Study Of The Negotiation And Drafting Of The Wisconsin Consumer Act, Jeffrey Davis
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. …
An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter
An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter
Michigan Law Review
Today the securities industry is in the midst of rapid change. Indeed it has been for at least the past decade, but in recent years the pace of change has increased, and its emphasis has shifted. Legislative and administrative reforms that could not have been anticipated a decade ago are likely in the near future, and it is still impossible to predict accurately the shape of the markets of tomorrow or the rules by which they will be governed. It is the purpose of this Article to focus on these recent developments, to summarize and evaluate various proposals for reform, …
Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham
Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham
Michigan Law Review
Although the advertising control provisions of the Highway Beautification Act of 1965 have been the subject of unremitting controversy from the date of enactment until the present time, only three substantive amendments to title I have been adopted in the intervening years. These are the amendments to subsections ( d) and (j) and the addition of a new subsection (n) all of which were adopted in 1968.
White & Summers: Handbook Of The Law Under The Uniform Commercial Code, Ellen A. Peters
White & Summers: Handbook Of The Law Under The Uniform Commercial Code, Ellen A. Peters
Michigan Law Review
A Review of Handbook of the Law Under the Uniform Commercial Code by James J. White and Robert S. Summers
Implementation Of The Bank Holding Company Act Amendments Of 1970: The Scope Of Banking Activities, Michigan Law Review
Implementation Of The Bank Holding Company Act Amendments Of 1970: The Scope Of Banking Activities, Michigan Law Review
Michigan Law Review
There has been a continuing conflict between those who wish to allow banks to diversify their operations beyond the traditionally limited scope of the banking business and those who see such an expansion as a threat to the stability of the economy and a license for unfair competition. The most recent in a continuing series of attempts to reconcile this conflict is found in the Bank Holding Company Act Amendments of 1970 and the implementation of these Amendments by the Federal Reserve Board. The original Act, adopted in 1956, was the first major attempt to bring bank holding companies, a …
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Organized Labor, The Environment, And The Taft-Hartley Act, James C. Oldham
Michigan Law Review
The legal issues inherent in treating out-plant pollution under the Taft-Hartley Act cannot be fully evaluated without a realistic appreciation of practical considerations and industrial experience. For this reason, considerable empirical information has been collected from a variety of sources. The examination and evaluation of this data will precede the legal analysis. The data, it is hoped, will resolve two questions: What is the effect of out-plant pollution on the workers, and what has been the response of labor unions to date?
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg
Michigan Law Review
This Article is concerned with the effect of NEPA on administrative decision-making. What benefits has NEPA conferred on us? What dangers have emerged? What questions remain to be clarified if NEP A's benefits are to be achieved while minimizing any negative side effects?
Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green
Nuclear Power: Risk, Liability, And Indemnity, Harold P. Green
Michigan Law Review
In 1946, the Congress of the United States enacted the original Atomic Energy Act as the framework for development, control, and use of atomic energy. This Act provided for the transfer to the new Atomic Energy Commission (AEC), a civilian agency, of the entire atomic energy program which to that point had been conducted by the Manhattan Engineer District, a creature of the United States Army. The Act contemplated that the heart of the nuclear technology-the production of special nuclear material and the use of special nuclear material in both military and civil applications- would be a government monopoly. All …
Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate
Rhoades: Income Taxation Of Foreign Related Transactions, Alan G. Choate
Michigan Law Review
A Book Review of Income Taxation of Foreign Related Transactions by Rufus von Thülen Rhoades
Stein: Harmonizing Of European Company, Richard M. Buxbaum
Stein: Harmonizing Of European Company, Richard M. Buxbaum
Michigan Law Review
A Review of Harmonization of European Company Laws by Eric Stein
Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner
Michigan's Environmental Protection Act Of 1970: A Progress Report, Joseph L. Sax, Roger L. Conner
Michigan Law Review
The Michigan Environmental Protection Act of 1970 (EPA) represents a departure from the long-standing tradition under which control of environmental quality has been left almost exclusively in the hands of regulatory agencies: it gives to ordinary citizens an opportunity to take the initiative in environmental law enforcement.
Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review
Tribal Self-Government And The Indian Reorganization Act Of 1934, Michigan Law Review
Michigan Law Review
The Indian Reorganization (Wheeler-Howard) Act of 1934 (IRA) was, by all accounts, one of the most significant single pieces of legislation directly affecting Indians ever enacted by the Congress of the United States. It has been "equalled in scope and significance only by the legislation of June 30, 1834, and the General Allotment Act of February 8, 1887." A major reversal of governmental policy and approach toward Indian affairs was effectuated by the IRA. This Comment will be concerned with the IRA as it affected the concept of tribal self-government, and primarily with those sections providing for adoption of tribal …
The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.
The Federal Priority In Insolvency: Proposals For Reform, William T. Plumb Jr.
Michigan Law Review
In 1970, the ABA approved a revised version of its insolvency priority recommendation which is now before the Senate Judiciary Committee as S. 2197, having been introduced by Senator Quentin N. Burdick. "by request," for the purpose of inviting public comment. The suggestions and criticisms made in the following analysis of the proposal are meant to detract nothing from the great desirability of the reform, for which I have worked for many years, but are intended to facilitate the kind of accommodation to the legitimate interests of the Government that ultimately paved the way for the adoption of the Federal …