Legislation Commons^™

Finding A "Manifest Imbalance": The Case For A Unified Statistical Test For Voluntary Affirmative Action Under Title Vii, David D. Meyer

Michigan Law Review

This Note analyzes the "manifest imbalance" standard developed in Weber and Johnson and the various approaches the lower courts have taken in trying to apply the test. Part I examines the Weber and Johnson opinions in some detail, and argues that the Court intended to permit affirmative action aimed at remedying the evident effects of past discrimination, regardless of whether the employer or society at large is to blame. Section I.A describes the diverging constitutional and statutory standards for evaluating voluntary affirmative action programs, and the policies behind the divergence. Sections I.B and I.C take a closer look at the …

Judicial Review And American Democracy, Stanley S. Sokul

Michigan Law Review

A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace

Assembly Office Of Research

California Regulatory Law Reporter

No abstract provided.

General Legislation, R. Nichols

California Regulatory Law Reporter

No abstract provided.

A ‘Non-Power’ Looks At Separation Of Powers, Alan B. Morrison, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On April 6, 1989, Dean, Alan B. Morrison of George Washington Law, delivered the Georgetown Law Center’s ninth Annual Philip A. Hart Memorial Lecture: "A ‘Non-Power’ Looks at Separation of Powers."

Dean Morrison is the Lerner Family Associate Dean for Public Interest & Public Service at GW Law. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the non-profit and government sectors, and assisting students find ways to fund their legal education to make it possible for them to pursue careers …

On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier

Michigan Law Review

In the November 1986 issue of the Michigan Law Review, Professor Eric Stein addressed the then-recent German legislation prohibiting the "Auschwitz lie." The "Auschwitz lie" refers to contemporary attempts to deny the historical truth of the Holocaust.

In the time since his article was published, Professor Stein has corresponded with several European scholars on the issues raised by the 1985 legislation. That correspondence, though brief, highlights the contentious aspects of Professor Stein's analysis; it suggests that the issues of restricting "historical speech," promoting national consciousness, attributing collective guilt, and identifying the role of courts in punishing historical lies remain troublesome …

Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward

Indiana Law Journal

No abstract provided.

Perestroika, Glasnost And Law Reform In The Soviet Union Today, V K. Zabigailo

Dalhousie Law Journal

Three years have passed since the elaboration, on the initiative of the Communist Party of the Soviet Union, of a new strategy of action for Soviet society - the acceleration of the country's social-economic development. Today this strategy is finding wide implementation in the policy of perestroika, the revolutionary renewal of society and profound changes in every sphere of its life - political, economical, social and spiritual. Formulated at the April Plenary Session of the Central Committee of the Communist Party of the Soviet Union in 1985 and the 27th Party Congress in 1986, the concept ofperestroika is based on …

Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir

Michigan Law Review

This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …

Uniform Status Of Children Of Assisted Conception Act: A View From The Drafting Committee, Robert C. Robinson, Paul M. Kurtz

Scholarly Works

The "Status of Children of Assisted Conception" Act was designed primarily to effect the security and well-being of children born and living in our midst as a result of assisted conception. The Conference's Executive Committee and the general Conference, considering the plight of these children, some with five biological parents, some with no readily identifiable biological parents, and some with other deprivations, determined that the greatest priority and first call on the energy and talent of the Drafting Committee was to provide an act which addressed these and other deficiencies.

There was great urgency on the part of the Drafting …

The Status Of Normalized Drafting: The Need For Theory Building And Empirical Verification, Peter Ziegler

Osgoode Hall Law Journal

"Normalized legal drafting" has been defined as "a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized." Although many legal academics over a number of years have asserted that there are many benefits to be obtained through use of the principles of normalized drafting in the enactment of legislation, surprisingly only one formal empirical study has been reported that indicates that the theory of normalized drafting may provide for the effective enactment of legislative policy. This paper examines the subject of …

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Clearing The Mixed-Motive Smokescreen: An Approach To Disparate Treatment Under Title Vii, Robert S. Whitman

Michigan Law Review

Part I of this Note describes the indirect-evidence inquiry of McDonnell Douglas and its basis in the policies underlying Title VII. Part II presents the various judicial treatments of cases where direct evidence is presented. These three major approaches reflect varying views of the burdens of proof regarding Title VII causation, and assume that the plaintiff has already shown some palpable level of discrimination. Part III describes Mt. Healthy City School District Board of Education v. Doyle, in which the Supreme Court first devised an approach to mixed motives. Although the Mt. Healthy analysis was developed for first amendment …

Legislative Inaction And The Patterson Case, Earl M. Maltz

Michigan Law Review

In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …

Missing The Point About State Takeover Statutes, Lyman Johnson, David Millon

Michigan Law Review

In a recent article in this journal, Professor Richard Booth offers an extended appraisal of state legislation regulating hostile corporate takeovers. We think Booth's article requires comment for two reasons. The first reason is perhaps more obvious, though less interesting from our point of view. To be blunt, "unfairness" to shareholders due to coercion arising out of two-tier or partial offers simply does not occur with enough frequency to warrant a sixty-seven-page article in a major law review. According to recent congressional testimony by SEC Commissioner Cox, from 1982 to 1986 the number of two-tier offers declined from 18% of …

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.

Evidence, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Review Of Selected 1998 California Legislation Addendum - Introduction, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Author Index To Articles/Casenotes, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Administrative Law; Telephone Call Recording By Public Utility, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Business Associations And Professions; Corporations-Voting Trusts And Shareholder Agreements, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Business And Professions; Statute Of Frauds-Loan Commitments, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Civil Procedure; Garnishment Of Wages, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Civil Procedure; Facsimile Signatures, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Civil Procedure; Ordinance Violation-Civil Liability, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Commercial Transactions; Personal Property Leases, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Consumer Protection; Membership Clubs, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Crimes; Bad Checks-Restitution, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Crimes; Burglary-Invasion Of The Home, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.

Crimes; Depriving Another Of Custody Of Or Visitation With A Child, The University Of The Pacific, Mcgeorge School Of Law

Pacific Law Journal Review of Selected Nevada Legislative

No abstract provided.