Legislation Commons^™

The Presidential Veto Power: A Shallow Pocket, Michigan Law Review

Michigan Law Review

Problems created by the uncertain scope of the President's pocket-veto power do not often arise, but neither are they a matter of purely academic interest. Indeed, two Senators who have questioned President Nixon's use of the pocket-veto power base their challenge on the ambiguous language of the pocket-veto provision. They argue that the pocket-veto provision was intended to apply only in circumstances involving a final adjournment at the end of a term or a session of Congress and was not intended to apply to brief adjournments-such as the 1970 Christmas recess-occurring within a session of Congress. Senator Kennedy contends that …

Bankruptcy--1970 Amendments To The Bankruptcy Act--An Attempt To Remedy Discharge Abuses, Michigan Law Review

Michigan Law Review

December 18, 1970, marked the end of a fifteen-year chapter in the history of American legislative proceedings dealing with "personal'' bankruptcy. On that date Public Law Number 91-467 took effect and thereby instituted changes in the Bankruptcy Act designed to "effectuate more fully the discharge in bankruptcy by rendering it less subject to abuse by harrassing creditors." The legislative steps leading to the 1970 amendment began with the introduction of the first "dischargeability" bill in 1955. This initial effort at reform stimulated a continuing flow of similar proposals leading to the ultimate acceptance of new substantive and procedural rules for …

Contracts, Conditions, And The Clayton Act: Causes Of Action Available To A Dealer Injured By An Exclusive-Dealing Arrangement, Michigan Law Review

Michigan Law Review

It is the purpose of this Comment to re-examine two of the three requirements of section 3 of the Clayton Act-with particular emphasis on the sale-or-contract-for-sale requirement-in an attempt to determine whether the formidable obstacle that judicial interpretation has made of these requirements is consistent with either the letter or spirit of the section. In discussing these requirements, this Comment will only consider the rights of parties who have at one time made purchases from a seller who utilizes exclusive-selling arrangements.

Judicial Development Of The Law Of Selective Service Reopening, Michigan Law Review

Michigan Law Review

The purpose of this Comment is to restate the law of reopening as developed by the Act, the regulations, and the courts. The discussion will necessarily include a look at the abuses committed by local boards, the judicial reaction to these improprieties, and the availability of judicial review in various reopening situations, as well as comments on the various aspects of the substantive law of reopening.

Retroactive Laws--Environmental Law--Retroactive Application Of The National Environmental Policy Act Of 1969, Michigan Law Review

Michigan Law Review

On January I, 1970, Congress took a major step in the continuing struggle to control man's exploitation of his environment by enacting the National Environmental Policy Act of 1969 (NEPA). This Act, hailed by some conservationists as one of the most important environmental developments of the decade, is designed primarily to prevent the misuse and abuse of the environment resulting either directly or indirectly from federal agency activity. In essence, by establishing a broad national policy giving a strong priority to the consideration of ecological factors and by implementing procedures designed to bring agency action into line with this policy, …

Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan

Michigan Law Review

One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.

In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …

Federal Jurisdiction--Protective Jurisdiction And Adoption As Alternative Techniques For Conferring Jurisdiction On Federal Courts In Consumer Class Actions, Michigan Law Review

Michigan Law Review

"Consumer protection" has come of age. The heightened appreciation of the consumer's plight has not been matched, however, by an equal commitment to providing effective programs for vindicating his cause. As a practical matter the consumer may be unable to assert his rights. Suits to enforce consumer rights are costly and are not likely to be brought when each individual claim is counted only in the tens of dollars.

Restructuring Federal Estate And Gift Taxes: Impact Of Proposed Reforms On Estate Planning, Verner F. Chaffin

Michigan Law Review

It is undeniable that estate and gift taxes, in contrast to income taxes, have not received the legislative attention that they deserve. Congress has largely ignored these important segments of our tax structure for many years, and during that time a host of defects and inequities have become apparent. This congressional indifference in the estate and gift tax field can be attributed to the fact that these taxes, unlike the income tax, affect relatively few people, and that they produce less than two per cent of our total tax revenue. It is understandable, therefore, that while the major thrust of …

The Canadian Arctic Waters Pollution Prevention Act: New Stresses On The Law Of The Sea, Richard B. Bilder

Michigan Law Review

The Canadian Pollution Prevention Act is of interest in several respects. It opens a new round in the historic and multifaceted struggle over freedom of the seas. It raises complex questions of international law and policy regarding the legal regime of Arctic waters, the concept of contiguous zones, the status of waters within archipelagoes, and the doctrines of innocent passage and international straits. It illustrates both the perception of an increasing number of coastal states that existing international law and international arrangements are inadequate to protect their legitimate interests, and the strong pressures within such states for unilateral action to …

Uniform Probate Code--Illegitimacy--Inheritance And The Illegitimate: A Model For Probate Reform, Michigan Law Review

Michigan Law Review

The Uniform Probate Code (Code), which was approved by the American Bar Association in August 1969, deals with the problem of inheritance by illegitimates both with regard to intestate succession-section 2-109-and also with regard to the construction of a bequest to "children" by will-section 2-611. This Note will examine the issue whether the Code, which presents a comprehensive model for probate reform, deals with the problem of inheritance by illegitimates in an appropriate, desirable, and constitutional manner. The Code provisions concerning illegitimacy relate to many other provisions of the Code in which childhood status is relevant; therefore, it will be …

Uniform Commercial Code--Sales--Sections 2-508 And 2-608--Limitations On The Perfect-Tender Rule, Michigan Law Review

Michigan Law Review

Section 2-601 of the UCC gives a buyer of goods a right to reject for any nonconformity to the contract specifications. While this section essentially codifies the "perfect tender" rule of pre-Code sales law, it expressly limits that rule by referring to section 2-612, which pertains to installment contracts, and sections 2-718 and 2-719, which allow contractual limitations on remedies. Moreover, other provisions in the Code have the effect of restricting the perfect-tender concept. This Note will examine how the courts have applied two such sections-2-508 and 2-608-to protect the interests of buyers and sellers after tender.

The Evolution Of The Enforcement Provisions Of The Federal Water Pollution Control Act: A Study Of The Difficulty In Developing Effective Legislation, Frank J. Barry

Michigan Law Review

The Federal Water Pollution Control Act,1 which was originally enacted in 1948 and which has been amended five times from 1956 to 1970, has been the primary federal response to the problem of water pollution. The development of that Act in the past twenty-two years has been a story of delayed and inadequate response to the increasing problems of water pollution. The development of the Act's enforcement provisions is particularly representative of those problems. It is the purpose of this Article to examine that development, to point out the shortcomings in the Act, and to analyze the effort that has …

Consumer Protection In Michigan: Current Methods And Some Proposals For Reform, Michigan Law Review

Michigan Law Review

During the past decade, a great deal of effort has been expended at all levels of government in the United States to enhance the prosperity of the poor and underprivileged elements of society. Much legislation has been passed-especially at the federal level--but it has been incomplete in that its main thrust has been simply to increase the income levels of poor people without a corresponding effort to ensure that they receive their money's worth as consumers. As a result, the long-standing evil of fraud in the market place has not been significantly reduced, but has contributed to the serious economic …

Choice Of Law In Secured Personal Property Transactions: The Impact Of Article 9 Of The Uniform Commercial Code, Russell J. Weintraub

Michigan Law Review

It is likely that, in view of the adoption in forty-nine states of the Uniform Commercial Code (Code), particularly of article 9 dealing with secured transactions, the incidence of interstate conflict-of- laws problems concerning commercial transactions in personal property will be greatly reduced. The reason for this anticipated reduction is that the Code creates uniformity in the applicable law governing the rights and duties both between the secured creditor and the debtor and between the secured creditor and third parties who challenge the secured creditor's right to enjoy his security interest.

Labor Law--Bankruptcy--The Effect Of The Bankruptcy Of An Employer On The Employment Relationship And On Jurisdiction Over Labor Disputes Involving The Employer, Michigan Law Review

Michigan Law Review

Litigation arising in connection with the recent bankruptcy of Turney Wood Products, Inc., has brought into issue the general problem of the operation of a bankrupt employer under the federal labor laws. The provisions of both the federal labor laws and the Bankruptcy Act are clear in purpose, but in areas of their interaction they have produced jurisdictional confusion. The situation presented to a single court by the cases arising from the Turney Wood Products bankruptcy provided an ideal vehicle to resolve much of that confusion; in fact, the parties involved viewed it as a test-case situation. But the resulting …

Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review

Michigan Law Review

This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Michigan Law Review

The purpose of this Article is to generate support for three legislative proposals that will rectify the problems exemplified by the Gnotta case and hosts of other cases: (1) The elimination of the doctrine of sovereign immunity as a barrier to judicial review of federal administrative action; (2) a modest expansion of the subject matter jurisdiction of United States district courts to accommodate such review and, in addition, to provide a remedy against the United States for the resolution of property disputes; and (3) the total elimination of the remaining technicalities concerning the identification, naming, capacity, and joinder of parties …

Collective Bargaining For Public Employees And The Prevention Of Strikes In The Public Sector, Michigan Law Review

Michigan Law Review

In recent years, a number of states have enacted legislation providing collective bargaining rights for public employees. Almost invariably these statutes have reaffirmed the traditional prohibition against strikes by government workers. But the strike-or the threat of a strike-has been a key economic weapon for employees in the private sector, and some observers contend that without that weapon the new collective bargaining rights for public employees are illusory.

Labor Law--Until Congress Acts, Secondary Picketing By Unions Subject To The Railway Labor Act Is Protected Against State Proscription--Brotherhood Of Railroad Trainmen V. Jacksonville Terminal Company, Michigan Law Review

Michigan Law Review

In a major labor dispute between the Brotherhood of Railroad Trainmen and the Florida East Coast Railway Company (FEC), the parties, having exhausted all the procedures of the Railway Labor Act (RLA) for resolving a major dispute, resorted to self-help remedies. FEC unilaterally changed its operating employees' rates of pay, rules, and working conditions; and the union, in turn, called a strike and picketed peacefully at locations where FEC operated, including the premises of the Jacksonville Terminal Company, which served a number of other railroads. The avowed objective of the union's picketing was to cause the other carriers using the …

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 …

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 …

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 …

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 …

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.

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.

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

Michigan Law Review

A Book Review of Constituent Elements of Crime by Helen Silving

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.

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 …

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 …

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.