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Front Matter, Michigan Law Review

Michigan Law Review

Front matter for Volume 84, Issue 3 of Michigan Law Review

James A. Martin, Paul D. Carrington

Michigan Law Review

A tribute to James A, Martin

James A. Martin, Evan A. Davis

Michigan Law Review

A tribute to James A, Martin

James A. Martin, Ronald Dekoven

Michigan Law Review

A tribute to James A, Martin

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …

Privity Revisited: Tort Recovery By A Commercial Buyer For A Defective Product's Self-Inflicted Damage, Mark A. Kaprelian

Michigan Law Review

This Note argues that if a seller and a commercial buyer are in privity, damage to a product resulting from its own defect should not be recoverable by a commercial buyer in a tort action. Part I shows how the conflict arises and examines the judicial boundaries that are normally drawn between tort and warranty liability. Part II contrasts the rationales for the warranty and tort remedies, with particular emphasis on the Uniform Commercial Code and Section 402A of the Restatement (Second) of Torts. Part III argues that if a seller and a commercial buyer are in privity and …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Moral Discourse And Family Law, Lee E. Teitelbaum

Michigan Law Review

It seems appropriate in the early stages of an experiment in legal publishing to say something about it, if only because few forms have been as resistant to innovation as the law review. The creation of a section for correspondence regarding recent articles provides a medium for conducting just the national discourse which scholarship aspires to provoke and which does occur in private conversations or letters and, occasionally, in panels at professional meetings. To talk in print about a colleague's work - to praise it, qualify it, pursue suggested or alternate lines of thought - is not only an enjoyable …

Sex Discrimination In Newscasting, Leslie S. Gielow

Michigan Law Review

This Note argues that the current judicial deference to viewer surveys used by television stations in newscasting employment decisions is unwarranted. Part I explores how different treatment of women newscasters constitutes sex-plus discrimination. Part II demonstrates that viewer surveys almost always reflect sexual stereotypes that are impermissible under title VII, and argues that such surveys should be presumptively inadmissible as evidence to rebut a claim of sex discrimination. Indeed, mere use of these surveys may in and of itself establish a prima facie case of sex discrimination.

Part III contends that sex discrimination in the news industry resulting from the …

James Martin: Friend And Co-Author, David G. Epstein

Michigan Law Review

A tribute to James A, Martin

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

The Formulaic Constitution, Robert F. Nagel

Michigan Law Review

This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.

An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth

Michigan Law Review

This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …

Antitrust Policy After Chicago, Herbert Hovenkamp

Michigan Law Review

This article begins with the premise that nothing - not even an intellectual structure as imposing as the Chicago School - lasts forever. In fact, a certain amount of stagnation is already apparent. Most of the creative intellectual work of the Chicago School has already been done - done very well, to be sure. The new work too often reveals the signs of excessive self-acceptance, particularly of quiet acquiescence in premises that ought to be controversial.

Today the cutting edge of antitrust scholarship is coming, not from protagonists of the Chicago School, but rather from its critics. The critics began …

Books Received, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Front Matter, Michigan Law Review

Michigan Law Review

Front Matter for Volume 84, Issue 2 of Michigan Law Review

Abuse In Plaintiff Class Action Settlements: The Need For A Guardian During Pretrial Settlement Negotiations, Sylvia R. Lazos

Michigan Law Review

This Note explores the problem of abuse of the class action device during the pretrial settlement process. Part I analyzes the underlying sources of potential abuse in pretrial settlement negotiations. Part II assesses the adequacy of the standards currently used by courts to detect collusive class action settlements. Part III concludes that the appointment of a neutral third-party guardian to oversee the pretrial negotiation process furthers the judicial policy of encouraging settlements while protecting the interests of the absentee class.

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Law Quadrangle (formerly Law Quad Notes)

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships, corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred. However, tax law's treatment of these …

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Joseph Vining has been appointed the first Henry Burns Hutchins Collegiate Professor of Law and James Boyd White is the first L. Hart Wright Collegiate Professor of Law; Four new faculty members, Leon E. Irish, William I. Miller, Mathias W. Reimann, and Joseph Weiler joined the Law School; Print by the artist 'Spy' (Sir Leslie Ward) was presented to the Law School by the wife of the late professor L. Hart Wright and placed in the new student lounge; Law professor, and former U.S. Solicitor General and federal judge Wade H. McCree Jr. aided in settling the Howard Hughes estate …

Front Cover, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Events, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Congressman Conable is this fall's DeRoy Fellow; orientation program welcomes newcomers; Ehrlichman, Pendleton, Lee address students.

Front Matter, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Back Cover, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Alumni Notes, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Alumni ascend court benches, reap awards; class news update; deaths.

Defensive Self-Tender Offers, Michael Rosenzweig

Law Quadrangle (formerly Law Quad Notes)

Adapted with permission from the article, "Defensive Stock Repurchases," Harvard Law Review, Volume 99, by Michael Bradley, Associate Professor of Finance, University of Michigan, Graduate School of Business Administration, and Michael Rosenzweig, Associate Professor of Law, University of Michigan Law School (which articel is hereinafter referred to a as Bradley & Rosenzweig). For the most part, documentation is not provided in this adaption, as full citations may be found in the aforementioned article.

Target companies employ a variety of defensive tactics in an effort to thwart hostile bidders. In recent years, targets have resorted with increasing frequency to repurchases of …

Front Matter, Journal Of Law Reform

University of Michigan Journal of Law Reform

Front matter for Volume 19, Issue 1 of the University of Michigan Journal of Law Reform.

Erisa-The First Decade: Was The Legislation Consistent With Other National Goals?, Alicia H. Munnell

University of Michigan Journal of Law Reform

Although ERISA explicitly sanctioned defined contribution plans as a legitimate form of retirement saving, this Article focuses almost exclusively on defined benefit plans. ERISA aimed at changing the basic provisions of defined benefit plans, not at modifying the nature of defined contribution plans. Therefore, although a study of the consistency of pension plan provisions with national economic goals would necessarily include an analysis of both defined benefit and defined contribution plans, a study of the impact of ERISA seems appropriately limited to defined benefit plans.

Introduction, Theodore J. St. Antoine

University of Michigan Journal of Law Reform

Introduction to the 1985 Journal of Law Reform symposium, The Employee Retirement Income Security Act of 1974: ERISA.