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Michigan Law Review

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Full-Text Articles in State and Local Government Law

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review Aug 1980

Incorporation Of State Law Under The Federal Arbitration Act, Michigan Law Review

Michigan Law Review

This Note proposes a solution to this choice-of-law problem. Section I surveys the courts' response to Congress's silence and finds confusion and disarray. Section II argues that courts should apply the state law pertinent to arbitration unless that law places heavier burdens on arbitration contracts than on other contracts; where state law does discriminatorily burden arbitration, the courts should apply the pertinent state rules applicable to "any contract." It concludes that the "grounds . . . for the revocation of any contract," although determined as a matter of federal policy, are to be found in state law rather than in …

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The Case Against Living Probate, Mary Louise Fellows Jun 1980

The Case Against Living Probate, Mary Louise Fellows

Michigan Law Review

This Article presents the case against living probate in hopes of preventing a reform that was appropriately discarded a century ago. Part I describes the various living probate proposals, highlighting their similarities, differences, and procedural complexities, and the benefits they seek to realize. Part II lays out four failings of living probate that call the desirability of this reform into question. Finally, in Part III, I propose an alternative reform which concentrates on the underlying problem inspiring living probate proposals - the expense and uncertainty of a mental capacity requirement for executing a valid will.

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The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review Mar 1980

The Process Is The Punishment: Handling Cases In A Lower Criminal Court, Michigan Law Review

Michigan Law Review

A Book Notice about The Process Is the Punishment: Handling Cases in a Lower Criminal Court by Malcolm M. Feeley

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Restrictions On Electric Utility Advertising, Michigan Law Review Jan 1980

Restrictions On Electric Utility Advertising, Michigan Law Review

Michigan Law Review

This Note reconsiders the constitutionality of New York's restriction on advertising by electric utilities. Section I explains how and why the Supreme Court's current analysis of the first amendment distinguishes commercial speech from other forms of speech. Section II looks at what protection is due commercial speech and weighs the competing interests in the specific context of utility advertising. The Note concludes that states may restrict utility advertising to encourage energy conservation.

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The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review Nov 1979

The Validity Of Ordinances Limiting Condominium Conversion, Michigan Law Review

Michigan Law Review

In 1974, the New York Times ran a front-page story about the dilemma of an elderly woman who lived in a Washington, D.C., apartment building that was being converted into a condominium. On a limited budget, she faced the choice of either finding a new place to live in the tight Washington housing market or paying $2000 down and $422.50 in monthly installments for the same one-bedroom apartment she had been renting for $ 155.00 per month. The woman's situation is not unusual: a federal study estimates that owners have recently converted 60,000 rental apartment units to condominiums, and real …

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Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein Mar 1979

Do Defendants Have An Attorney When They Have A Public Defender, James Eisenstein

Michigan Law Review

A Review of Counsel for the Poor: Criminal Defense in Urban America by Robert Hermann, Eric Single, and John Boston

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Everything In Its Place: Social Order And Land Use In America, Michigan Law Review Mar 1979

Everything In Its Place: Social Order And Land Use In America, Michigan Law Review

Michigan Law Review

A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin

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Living Probate: The Conservatorship Model, John H. Langbein Nov 1978

Living Probate: The Conservatorship Model, John H. Langbein

Michigan Law Review

The main purpose of the present Article is to suggest a somewhat different theoretical and practical approach to structuring the living probate procedure. I shall characterize the procedure called for in the North Dakota act and in similar proposals as the Contest Model of living probate, in distinction to a Conservatorship Model that I shall advocate to be the better way. Part I of this Article reviews briefly the problem to which living probate is addressed and the alternatives that can presently be employed to forestall post-mortem capacity litigation in the absence of a living probate system. In Part TI …

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The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler May 1978

The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler

Michigan Law Review

Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.

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Juvenile Curfew Ordinances And The Constitution, Michigan Law Review Nov 1977

Juvenile Curfew Ordinances And The Constitution, Michigan Law Review

Michigan Law Review

Recognizing that a legislature must decide whether to enact a juvenile curfew without the benefit of conclusive data on the effectiveness of such laws, the remainder of this Note will focus primarily upon the constitutional issues raised by such ordinances. The freedom of movement that is limited by a curfew is, it will be argued, an unenumerated right protected by the ninth and fourteenth amendments. The constitutional rights of juveniles, however, -are not necessarily coextensive with those of adults. Certain characteristics of juveniles-in particular, their lesser capacity for reason and self-control-imply that the strength of their right to freedom of …

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Urban Politics And The Criminal Courts, Milton Heumann Nov 1977

Urban Politics And The Criminal Courts, Milton Heumann

Michigan Law Review

A Review of Urban Politics and the Criminal Courts by Martin A. Levin

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Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham May 1977

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

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Education And The Law: State Interests And Individual Rights, Michigan Law Review Jun 1976

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …

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The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg May 1976

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …

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Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review May 1976

Federal Preemption Of State Law: The Example Of Overbooking In The Airline Industry, Michigan Law Review

Michigan Law Review

Such complexity is common in the airline context, both because the Federal Aviation Act1 (FAA) and the Civil Aeronautics Board (CAB) do not purport to regulate all aspects of the industry and because airline activities are so varied that they come within the reach of numerous state statutory and common-law rules. This Note will consider the power of the CAB to preempt state law and thereby to insulate airline activities from state-law liability. It will suggest a framework for analyzing the problems of preemption by focusing on airline concealment of overbooking practices. Section I explains airline overbooking and demonstrates that …

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Frank Murphy: The Detroit Years, George Edwards May 1976

Frank Murphy: The Detroit Years, George Edwards

Michigan Law Review

A Review of Frank Murphy: The Detroit Years by Sidney Fine

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The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker Apr 1976

The Role Of The Local Comprehensive Plan In Land Use Regulation, Daniel R. Mandelker

Michigan Law Review

This article will deal with the enlarged role of the comprehensive plan in the local land use control process. Part I examines traditional judicial views of the role of the comprehensive plan as a guide to zoning administration. Part II suggests that innovations in land use control and comprehensive planning techniques evidence a need for mandatory planning. Subsequent sections examine changes in the judicial attitude toward the role of the comprehensive plan in land use control administration, and survey some enacted and proposed state legislation that modifies the early planning acts by requiring comprehensive planning. This legislation is analyzed to …

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A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Michigan Law Review Apr 1976

A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Michigan Law Review

Michigan Law Review

This Note engages in such a reassessment. It contends, first, that appraisal has not been an unreasonable burden on corporations and that adjustments in the appraisal procedure can eliminate remaining inequities. Next, it asserts that the stock market exception inadequately protects the dissenting shareholder, since a market might, for a variety of reasons, price a shareholder's stock at less than its intrinsic value. Finally, this Note concludes that an appraisal procedure with modifications, and not the stock market exception, reflects the appropriate balance of corporate and shareholder interests.

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The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review Mar 1976

The Inadequacy Of Judicial Remedies In Cases Of Exclusionary Zoning, Michigan Law Review

Michigan Law Review

This Note presents and evaluates the possible judicial responses to cases, like Mount Laurel, that involve challenges to entire zoning ordinances on exclusionary grounds. It argues that pragmatic and legal difficulties militate against any judicial imposition of affirmative relief not tailored to specific tracts of land and suggests that the most effective resolution of the problems confronted by low-income housing advocates lies in comprehensive legislative programs.

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Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review Jan 1976

Some Observations On The Disposition Of Ccw Cases In Detroit, Michigan Law Review

Michigan Law Review

Part I of this Note details the disposition of cases alleging violations of the Michigan CCW statute that were brought in the Detroit recorder's court during 1973. Although the statute is only part of the current scheme of gun control in Michigan, it is the principal weapon available to the police and prosecutor in the preventive battle against the illegal use of firearms. To give meaning to the dispositional statistics and to aid in perceiving the over-all judicial attitude toward CCW cases, the statistical results of the study are compared with statistics on the disposition of cases involving felonies similar …

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The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review Nov 1975

The Impact Of Michigan's Common-Law Disabilities Of Coverture On Married Women's Access To Credit, Michigan Law Review

Michigan Law Review

In the United States, credit is indispensable to the improvement of one's economic status and life style. Its availability often dictates •the extent to which one has access to education, homeownership, entrepreneurship, and investment, and its unobtainability inhibits full participation in the activities and opportunities of American society. American women have long been systematically excluded from equal access to credit by lending institutions of all types and ·thus have been denied their rightful role in the economic life of the country. It is only recently, however, that the women's movement has begun to focus attention on credit discrimination and that …

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Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham Aug 1975

Rezoning By Amendment As An Administrative Or Quasi-Judicial Act: The "New Look" In Michigan Zoning, Roger A. Cunningham

Michigan Law Review

The traditional view in zoning law has been that the enactment of an original zoning ordinance and any amendments thereto by a local governing body is a "legislative" act, as contrasted with the granting of a "special exception" or a "variance" by the zoning board of appeals (or board of adjustment), which is an "administrative" or "quasi-judicial" act. Recently, however, the Oregon and Washington supreme courts have challenged this view, concluding that, under some circumstances at least, the enactment of a zoning amendment should be considered an "administrative" or "quasi-judicial" act, and thus subject to more extensive judicial review. Although …

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Fighting Conflicts Of Interest In Officialdom: Constitutional And Practical Guidelines For State Financial Disclosure Laws, Michigan Law Review Mar 1975

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 …

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Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review Jan 1975

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 …

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The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review Aug 1974

The Constitutionality Of Laws Forbidding Private Homosexual Conduct, Michigan Law Review

Michigan Law Review

The laws of forty-three states and the District of Columbia impose criminal penalties on consenting adults who engage in private homosexual conduct. Most of these laws are sodomy statutes, which also prohibit oral and anal intercourse between heterosexuals and sexual acts with animals. Two states have statutes explicitly limited to homosexual conduct. These statutes also prohibit nonconsensual homosexual activity and homosexual acts involving a minor, but this Note addresses only prohibitions on private consensual adult homosexual conduct.

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The Evolution Of Law In The Barrios Of Caracas, Robert C. Means Jun 1974

The Evolution Of Law In The Barrios Of Caracas, Robert C. Means

Michigan Law Review

A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz

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The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review Apr 1974

The Role Of The Michigan Attorney General In Consumer And Environmental Protection, Michigan Law Review

Michigan Law Review

In an effort to clarify the role of the attorney general as public representative, this Note will examine the functioning of the office of the Michigan attorney general. After an analysis of the nature and extent of the attorney general's powers and of his current utilization of those powers, several proposals to increase his effectiveness will be discussed.

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Sayler Land Co. V. Tulare Lake Basin Water Storage District: Opening The Floodgates In Local Special Government Elections, Michigan Law Review Mar 1974

Sayler Land Co. V. Tulare Lake Basin Water Storage District: Opening The Floodgates In Local Special Government Elections, Michigan Law Review

Michigan Law Review

In judicial review of the constitutionality of representational structures at the local governmental level, each citizen's constitutional right to equal representation must be reconciled with the need for flexibility in designing local structures. Last term, in Salyer Land Co. v. Tulare Lake Basin Water Storage District, the Supreme Court faced this problem in the context of a water storage district. It upheld a statute that both restricted the franchise in the election of district directors to district landowners and allocated votes on the basis of the assessed value of the land owned by each voter. This Note will first …

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Voucher Systems Of Public Education After Nyquist And Sloan: Can A Constitutional System Be Devised?, Michigan Law Review Mar 1974

Voucher Systems Of Public Education After Nyquist And Sloan: Can A Constitutional System Be Devised?, Michigan Law Review

Michigan Law Review

Criticism of the present system of American elementary and secondary education has rekindled interest in the idea, first proposed by Adam Smith, of providing parents with vouchers to purchase their children's education. The basic elements of a voucher plan are simple. Parents are given vouchers worth roughly the per pupil cost of education in their city. These vouchers can be used to purchase education at any public or private school that meets the accreditation requirements imposed by the state. Such a system would increase the ability of parents and children to choose among various options in the education market, a …

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The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider Dec 1973

The Court, The Legislature, And Governmental Tort Liability In Michigan, Luke K. Cooperrider

Michigan Law Review

In 1961, when Justice Edwards of the Michigan supreme court said, "From this date forward the judicial doctrine of governmental immunity from ordinary torts no longer exists in Michigan," he went on to say that he was eliminating from the law of Michigan "an ancient rule inherited from the days of absolute monarchy," a "whim of long-dead kings." Justice Carr, dissenting, agreed that the doctrine in question "came to us as a part of the common law," for which reason he thought it was protected by the reception clause of the Constitution of 1850 from the overruling action of the …

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