Organizations Law Commons^™

The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

The Shareholder Communication Rules And The Securities And Exchange Commission: An Exercise In Regulatory Utility Or Futility?, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

One of the most difficult problems of corporate governance concerns the relationship between a company and its indirect owners, those who mostly hold shares in street name accounts. Voting rights under state law rests with the record owner (usually a broker, bank or depository), not the beneficial owner. Yet the rules of the Securities and Exchange Commission and the stock exchanges provide a mechanism for ensuring that street name owners in fact can vote their shares. The system is, however, built mostly around the notion that brokers and banks must forward proxy and other materials to beneficial owners, a circuitous, …

Benefits Of Retirees: Negotiations And The Duty Of Fair Representation, 21 J. Marshall L. Rev. 513 (1988), Robert S. Bates Jr.

UIC Law Review

No abstract provided.

The "Corporate Will" Of The United Nations And The Rights Of The Minority, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Standards Of Conduct For Directors Of Nonprofit Corporations, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the standards of care and loyalty that should apply to directors of nonprofit corporations. It suggests that the movement toward corporate law principles neither reflects the differences in the types of nonprofit corporations nor provides a coherent rationale for the conduct regulated. The "trust law"-"corporate law" distinction has often centered upon the label to be applied rather than on an analysis of the principles involved. Too often the selection of the label has determined the result. At other times, the label has been used as a convenient rationalization of a socially desirable conclusion. This Article will attempt …

Book Review: Law School: Legal Education In America From The 1850s To The 1980s By Robert Stevens, Eric A. Chiappinelli

Seattle University Law Review

This Book Review examines Law School: Legal Education in America from the 1850s to the 1980s, by Robert Stevens. The Review explains that the book is a history of American legal education from 1850 through 1945, with a foreshortened treatment of events to 1870 and a prolonged view of the period between 1870 and 1945. Stevens’s work is chronological and details three developments: the hegemony of Harvard and later the American Bar Association and the Association of American Law Schools over educational standards; the role of Harvard in establishing the primacy of the case method of instruction; and the …

The Applicability Of The Fair Labor Standards Act To Volunteer Workers At Nonprofit Organizations Congress

Washington and Lee Law Review

No abstract provided.

The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the development of the law of “charitable corporations”' and attempts to explain why the charitable corporation rather than the charitable trust became the predominant organizational form for charitable and benevolent activities in the United States. It then discusses some of the inconsistencies of nonprofit corporation law and provides an agenda for future reform.

Allocating Fixed Costs Of Dual-Use Facilities By Exempt Organizations: Actual Use Or Availability For Use?

Washington and Lee Law Review

No abstract provided.

Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review

Michigan Law Review

This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …

Effects Of International Agreements In European Community Law: Are The Dice Cast?, Jacques H.J. Bourgeois

Michigan Law Review

The purpose of this contribution is to explore the extent to which the "direct effect" doctrine, developed within the Community legal system for the purpose of the relations between Community law and the Member States' law, has spilled over into the field of the relations between international law and Community law, or, to use a somewhat daring comparison, to what extent the doctrine of McCulloch v. Maryland has been applied in a Foster and Elam situation.

The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen

Michigan Law Review

An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.

The Impact Of The Case Law Of The Court Of Justice Of The European Communities On The Economic World Order, Pieter Vanloren Van Themaat

Michigan Law Review

Among Europeans, Eric Stein is generally considered to be the outstanding expert on European Community law in the United States. Now we Europeans flatter ourselves, of course, with the opinion that there are outstanding experts on Community law within Europe as well. Nevertheless, in my opinion, the reason why so many students and scholars from Europe have gone to Ann Arbor for post-graduate studies or research work on European Community law lies mainly in the fact that Eric Stein has always been appreciated as a great scholar in international law and the law of international organizations, as well as an …

The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars

Michigan Law Review

The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …

Direct And Indirect Judicial Control Of Community Acts In Practice: The Relation Between Articles 173 And 177 Of The Eec Treaty, Gerhard Bebr

Michigan Law Review

The European Economic Community (EEC) Treaty contains two different judicial controls over the exercise of the powers granted to the Community by the Treaty: (1) a direct control through an action in the European Court of Justice under article 173 to annul a Community act; and (2) an indirect control through reference by a national court to the Court of Justice under article 177 to review the validity of a Community act. Each of . these controls is designed to ensure the legal exercise of power by Community institutions. In form, however, they are quite different procedures.

The present study …

The Court Of Justice As A Decisionmaking Authority, Ulrich Everling

Michigan Law Review

Eric Stein, to whom this Article is dedicated, has written a number of commentaries on the jurisprudence of the Court of Justice on the basis of his experience with both the European continental law and the common law systems. In conformity with his pragmatic approach, the following examination of the Court of Justice as a decisionmaking authority devotes less attention to the theoretical context than to the manner in which the Court attempts to accomplish its task in practice. This essay is intended to provide a judge's point of view, that is to say, a subjective contribution on the basis …

The Case For Federalizing Rules Of Civil Jurisdiction In The European Community, Peter Hay

Michigan Law Review

The European Community is an "incipient federal structure," even if its scope of operation is limited in subject matter and its creation derives from "a network of treaties rather than [from] a formal constitution." A federal structure at once protects, even nurtures, pluralism and coordinates the constituent units in the interest of a union. Federal legislation promotes the interests of the larger unit; a limitation of powers in the constitutive document preserves the integrity of the members. In the American federation, the United States Supreme Court defines the balance between the reach of state and federal law. The balance, moreover, …

The Public-Spirited Defendant And Others: Liability Of Directors And Officers Of Not-For-Profit Corporations, 17 J. Marshall L. Rev. 665 (1984), Bennet B. Harvey Jr.

UIC Law Review

No abstract provided.

Lobbying Restriction On Section 501(C)(3) Organizations Held Unconstitutional: First Amendment Implications Of Taxation With Representation Of Washington V. Regan, Karen B. Crockett

BYU Law Review

No abstract provided.

Toward Understanding Unlawful Organizational Behavior, Diane Vaughan

Michigan Law Review

The emergence and growth of regulatory agencies charged with controlling organizational misconduct has been so widespread that the monitoring and regulation of corporate interactions has itself become "big business," with the complexity of the regulatory agencies at times matching or even exceeding that of the organizations they regulate. The effectiveness of these efforts to control unlawful organizational behavior has been assessed in many different ways. The records of agency investigations, administrative hearings, and judicial proceedings provide data on enforcement actions, court decrees, trials, convictions, penalties, and other indicators that allow empirical estimates to be made. A realistic assessment of agency …

Normative And Policy Restraints On War, William V. O'Brien

Michigan Law Review

A Review of Restraints on War: Studies in the Limitation of Armed Conflict edited by Michael Howard, and Humanitarian Politics: The International Committee of the Red Cross by David P. Forsythe

Panel I: A Fresh Look At Federal Regulatory Strategies, Roberta S. Karmel, Richard B. Smith

Faculty Scholarship

No abstract provided.

United States Compliance With The 1967 Gatt Antidumping Code, Robert E. Hudec

Michigan Journal of International Law

The 1967 GATT Antidumping Code (hereinafter the Code) may be viewed as an attempt to state an international consensus about the correct policy and practice of national antidumping laws. It is important to be clear about the nature of that consensus. National antidumping laws are not an expression of accepted economic theory about international trade. Rather, they tend to rest on more pedestrian value judgments about things such as "fair competition." These underlying value judgments are not necessarily the same from one country to another, and in some countries antidumping laws are not even considered particularly useful or necessary. In …

Multilingualism And The Cbc Mandate: An Example Of Ineffectual Regulation, William Charland

Dalhousie Law Journal

The control of broadcasting, more than any other field subjected to regulation, demands, by its very nature, political neutrality. Given that control is deemed necessary,1 almost total delegation of that control must be made to an independent tribunal in order to avoid charges of political interference with the freedoms of speech and expression. The presence of the CBC as apublic corporation, however, raises questions as to the source and substance of the CBC mandate. What body is responsible for creating the goals or objects of this corporation? Who bears the responsibility initially to interpret and shape programming to meet these …

Membership Rights In Nonprofit Corporations: A Need For Increased Legal Recognition And Protection, Robert H. Brownlee

Vanderbilt Law Review

This Note has focused on three issues concerning membership in nonprofit corporations: whether members are entitled to increased protection of voting rights; whether state courts adequately have analyzed questions of membership standing to assert individual claims; and whether members should have standing to institute derivative actions on behalf of a nonprofit corporation. In each of these areas membership rights deserve increased legal recognition and protection.

The Statutory Close Corporation: A Critique And A Corporate Planning Alternative, Ronald M. Shapiro

Maryland Law Review

No abstract provided.

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Colloquium On Certain Legal Aspects Of Inter-American Cooperation, A. A. Fatouros

Articles by Maurer Faculty

On the occasion of the 1974 session of the General Assembly of the Organization of American States held in Atlanta, Georgia, it appeared appropriate to organize a colloquium at which concerned jurists from the various parts of the Americas could exchange viewpoints on subjects of immediate and urgent concern. The Colloquium was held on April 20, 1974, at the University of Georgia Law School and was presented in cooperation with the Georgia Society of International Law and the American Society of International Law.

The Administrative Tribunal, Theodore J. St. Antoine

Book Chapters

During the past summer I have had the good fortune to join with colleagues of the university community from the administration and from the student body in two separate but related endeavors: first, to draw up a body of substantive rules for nonacademic conduct on the campus and, second, to establish a judicial body to enforce those rules. The latter problem, the composition of a university judiciary, is the subject of this discussion. The views I shall present about structuring a university judiciary are drawn in large part from the discussions of the committees to which I belong. In addition, …

Constitutional Law-Exclusion Of Negroes From Dental Society That Controls Selection Of State Dental Officials Violates The Equal Protection Clause-Hawkins V. North Carolina Dental Society, Michigan Law Review

Michigan Law Review

Plaintiff, a licensed Negro dentist, was refused admission to the North Carolina Dental Society, a voluntary professional organization that plays a significant role both in the selecting of state dental officials and in the promotion of state dental programs. At the time the plaintiff sought admission to the Society, state statutes empowered the Society to elect the six members of the North Carolina Board of Dental Examiners and to designate the dental representatives to the Medical Care Commission and the Mental Health Council. After the plaintiff brought suit to compel his admission to the Society, the Society persuaded the state …