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Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
Selecting Law Clerks, Patricia M. Wald
Selecting Law Clerks, Patricia M. Wald
Michigan Law Review
April may indeed have been "the cruellest month" this year for federal judges and their prospective clerks. For a decade now, federal judges have been trying - largely without success - to conduct a dignified, collegial, efficient law clerk selection process. Because each federal judge has only to choose two to three clerks each year, and there is a large universe of qualified applicants graduating each year from our law schools, this would not seem an insurmountable task. And because each federal judge has choice first-year positions to offer and has no need or ability to dicker on salary or …
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Women Lawyers And The Quest For Professional Identity In Late Nineteenth-Century America, Virginia G. Drachman
Michigan Law Review
Whenever Lelia Robinson, a nineteenth-century woman lawyer, prepared to take a case to court, she faced a particular problem what to do about her hat. "Shall the woman attorney wear her hat when arguing a case or making a motion in court," she asked in 1888, "or shall she remove it?" Robinson's question was not a frivolous matter of fashion, but a serious concern to every woman lawyer who entered the courtroom. As a proper lady of her day, it was not only appropriate that she wear a hat in public, it was expected of her. But as a lawyer, …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Defending Women, Susan Estrich
Defending Women, Susan Estrich
Michigan Law Review
A Review of Justifiable Homicide: Battered Women, Self-Defense and The Law by Cynthia Gillespie
Of Literature, Politics, And Crime, Francis A. Allen
Of Literature, Politics, And Crime, Francis A. Allen
Michigan Law Review
A Review of Seductions of Crime: Moral and Sensual Attractions in Doing Evil
Women And Contracts: No New Deal, Elizabeth S. Anderson
Women And Contracts: No New Deal, Elizabeth S. Anderson
Michigan Law Review
A Review of The Sexual Contract by Carole Pateman
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Michigan Law Review
A Review of As We Forgive Our Debtors: Bankruptcy and Consumer Credit in American by Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrene Westbrook
"Aliens Are Coming! Drain The Pool", John D. Ayer
"Aliens Are Coming! Drain The Pool", John D. Ayer
Michigan Law Review
A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner
The Law's Secrets, Gary T. Marx
The Law's Secrets, Gary T. Marx
Michigan Law Review
A Review of Legal Secrets: Equality and Efficiency in the Common Law by Kim Lane Scheppele
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Shattered Mirrors: Our Search For Identity And Community In The Aids Era, William J. Aseltyne
Michigan Law Review
A Review of Shattered Mirrors: Our Search for Identity and Community in the AIDS Era by Monroe E. Price
Justice, Gender And The Family, Christine A. Pagac
Justice, Gender And The Family, Christine A. Pagac
Michigan Law Review
A Review of Justice, Gender and the Family by Susan Moller Okin
History's Challenge To Feminism, Jeanne L. Schroeder
History's Challenge To Feminism, Jeanne L. Schroeder
Michigan Law Review
A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
Critical Legal Studies, Michael F. Colosi
Critical Legal Studies, Michael F. Colosi
Michigan Law Review
A Review of Critical Legal Studies by Allan C. Hutchinson
Feminism And Post-Structuralism, Joan C. Williams
Feminism And Post-Structuralism, Joan C. Williams
Michigan Law Review
A Review of The Female Body and the Law by Zillah R. Eisenstein
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
The Virtue Of Liberality In American Communal Life, Linda R. Hirshman
Michigan Law Review
This article attacks the barriers to articulation of a theory of the good and advocates discussion of the substance of a good regime, specifically, a good American regime. Part I of this article addresses in some detail the civic republicans' revival of interest in the common life. I propose that it is dauntingly difficult, if not impossible, to articulate a satisfying version of a common life without a theory of the good life, an undertaking traditionally associated with authoritarianism and elitism. Rather than abandoning the enterprise, however, I propose to reopen the assumption that the association automatically rules out any …
Progressive And Conservative Constitutionalism, Robin West
Progressive And Conservative Constitutionalism, Robin West
Michigan Law Review
The article's central thesis is that the understandings of the constitutional tradition most central to both paradigms are determined by sometimes implicit, but more often explicit, political dispositions toward various forms of social and private power, and the normative authority to which social and private power gives rise. Very broadly, conservative constitutionalists view private or social normative authority as the legitimate and best source of guidance for state action; accordingly, they view both the Constitution and constitutional adjudication as means of preserving and protecting that authority and the power that undergirds it against either legislative or judicial encroachment. Progressive constitutionalists, …
Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber
Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber
Michigan Law Review
This article presents a gendered history of the law's treatment of fright-based physical injuries. Our goal is to connect the law of fright to the changing cultural and intellectual forces of the twentieth century. Through a feminist lens, we reexamine the accounts of the legal treatment of fright-based injuries offered by Victorian-erajurists, traditionalist legal scholars of the first two decades of the twentieth century, a legal realist in the 1930s, and a Freudian medical-legal commentator from the 1940s, all of whom helped to shape present-day tort doctrine. We conclude with an account of Dillon v. Legg, in which the …