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Statutory Compliance And Tort Liability: Examining The Strongest Case, Michael D. Green

University of Michigan Journal of Law Reform

Professor Green addresses the matter of the proper balance between the tort system and regulation in the context of prescription drugs and the FDA's vigorous oversight of the industry. He articulates several reasons why a regulatory compliance defense, in which tort law would defer to FDA regulation, is quite attractive. Despite the superior expertise of the FDA in assessing the benefits and risks of a drug, a regulatory compliance defense is considerably more problematical than might appear at first glance. Ascertaining compliance with FDA requirements could be a lengthy and complicated inquiry that would either replace or supplement the issues …

A New Legislation: Remarks On The Draft Restatement Of Products Liability, Marshall S. Shapo

University of Michigan Journal of Law Reform

This being a law school in a university, I would like to begin my discussion of the present draft not with doctrinal analysis, but rather by attempting to frame the question from a broader set of perspectives. I shall draw on the intricate relations of law with the society it governs and the reflection of those relations in the literature that remains at the heart of great universities.

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Michigan Law Review

For decades, sociologists have employed the concept of social norms to explain how society shapes individual behavior. In recent years, economists and rational choice theorists in philosophy and political science have started to use individual behavior to explain the origin and function of norms. For many in this group, the focus of study is the interaction of law and norms, of formal and informal rules. Exemplified by Robert Ellickson's Order Without Law, this literature uses norms to develop more robust explanations of behavior and to predict more accurately the effect of legal rules. Norms turn out to matter in legal …

Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders

Michigan Law Review

Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …

Vol. 48, No. 4, October 28, 1997, University Of Michigan Law School

Res Gestae

•Revealing the Future of Life in Commercial Law •New Student Group Seeks to Spur Discussion of Women's Perspectives •A Glimpse into the High-Rent Cul-de-Sac of Larry's World •Rachel Preiser Continues her Culinary Tour of A2 •Bruce Manning Parties Hearty with Twisted Sister •Hit the Silver Screen •Law School Grade Curve! •B&B Offer 15 Ways to Leave Your Law School Lover

Front Matter, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Front Cover, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

The International Law Workshop - closing in on moving targets; Conferences, symposia offer panicipants rare opportunities; Kathy Okun becomes new Assistant Dean of Development and Alumni Relations; Election law project on hold

"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith

University of Michigan Journal of Law Reform

A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …

Developing A Child Advocacy Law Clinic: A Law School Clinical Legal Education Opportunity, Donald N. Duquette

University of Michigan Journal of Law Reform

Clinical legal education has become an accepted and integral complement to traditional law school curricula. Professor Duquette argues that clinical education is uniquely able to integrate the teaching of practical skills and legal doctrine, elevating students' understanding of both. Duquette maintains that a child advocacy law clinic can teach a broad range of practical skill benefit the hosting law school by providing an opportunity for interdisciplinary education as well as a public relations benefit, while simultaneously serving an important need in most communities for quality representation of all parties in child abuse and neglect cases. Most importantly, participation in a …

Vol. 48, No. 2, September 22, 1997, University Of Michigan Law School

Res Gestae

•SFF Kicks Off Friends and Family Flyback Program •The Mann Speaks •Start the Presses! •Interview with Anthony Collings •Larry's World •The King Speaks •Blanks' Culture Corner •Bruce Manning's Memories •Summer Starter Softball

Vol. 48, No. 1, September 5, 1997, University Of Michigan Law School

Res Gestae

•Blowing Smoke •Who's Who in New, Visiting and Adjunct Professors at Michigan This Fall •Symposium Speakers Announced •Larry's World •The RG's Advice on Food and Fun in Ann Arbor •SEX •Book Reviews •Paul Luongo's Summer Adventures •Dueling Cartoons

Deterrence's Difficulty, Neal Kumar Katyal

Michigan Law Review

We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …

Index, Michigan Law Review

Michigan Law Review

No abstract provided.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Johnson: 'I will be guided by students' needs'; Constitution-making in South Africa; Bridging ethics and alternative dispute resolution; Faculty approve statement of educational policy; A progress report on clinical programs; Affirmative action looms large under the magnifying glass; Former prosecutor, defense attorney join forces; Whose wetland is it anyway?; Graduation is a family affair; Bates winners work in three regions of the world; Jessup team wins regional competition.

Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chamber

Law Quadrangle (formerly Law Quad Notes)

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on.

This essay is adopted from "What If? The Legal Consequences of Marriage and the Legal Needs of Lesbian and Gay Male Couples," which appeared in 95 Michigan Law Review 447-491 (1996) and is printed with permission from the journal and the author. For a fully cited version of this article contact the author.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Reunion participants can help shape international legal education; Roger Wilkens, '56: 'I want to talk about citizenship'; Leadership:alumnae share experiences, insights; Eight Law School graduates among Detroit area's 'Most Influential Women'; Two generations of Kings; 'A remarkable constitution'; Campaign progress report; An excerpt - by Victor Rabinowitz, '34; LEAP bridges the gap; Legal Services finds help outside of Washington; Mary Frances Berry,'70. delivers U-M's MLK Day keynote address; Two Law School grads receive honorary U-M degress; Class Notes; In memoriam.

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …

Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro

University of Michigan Journal of Law Reform

Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …

Vol. 47, No. 11, April 16, 1997, University Of Michigan Law School

Res Gestae

•Possible Transcript Changes Source of Student Concern •Indigenous Genius: "Law Revue" Showcases Law School Talent •Discussion, Debate in the Desert Dust at the National Indian Law Conference •So You Think You Wanna Be on a Journal? •Michigan Bids Farewell to "The Saint" •3Ls Reflect •The Educational Environment Committee Speaks •So Does Larry Sager •B&B Offer the Wisdom of the Ages

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Building a legal system in the land of the "Killing Fields"; Law School externs study, help build a new South Africa; honors come home from first foray into trial competition; message to graduates: "Lets testify with our lives"; symposium, banquet mark 20th Anniversary of Juan Tiendas legacy; Law Schools new Poverty Law Program will reach out across Michigan; Litigation: just one choice among many; two from Law School win Skadden Fellowships; entering class standards high; meet some members of the Class of 1999

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School alumni win State Bars Champions of justice award; an insiders helping hand in the scramble for a judicial clerkship; who can stay in the race with technology?; International Reunion offers "rich mix" of activities; Irene R. Cortes, LL.M. '56, S.J.D. '66, dies in Philippines; a tribute to Michigan Supreme Court Judge Charles Levin, JD. '4 7; Alumni reunions; three presidents = one John Feikens appointment; physicians must be healers, alumnus tells U.S. Supreme Court; Richard W Pogue, JD. '53: Cleveland is a place to celebrate; from Law School to Congress: Harold E. Ford, Jr., JD. '96; class notes

Vol. 47, No. 9, March 18, 1997, University Of Michigan Law School

Res Gestae

•Professor Rosenbaum Speaks on California's Proposition 209 •Indian Gaming: Law, Economics, and Sovereignty •Going Once, Going Twice, SOLD! •Update: Female Enrollment Drop a National Trend? •US News Rankings •Letters to the Editor •Journal Ed Boards Announced •1996 Fall Grade Curve •B&B Offer Last Minute Job Hunt Advice

The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman

Michigan Law Review

For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …

Vol. 47, No.7, February 10, 1997, University Of Michigan Law School

Res Gestae

parks Controversy •Enter the Bizarro World of Larry Sager •Mr. Ford Goes to Washington •Take the RG Career Survey •On Location in Florida •B&B Highlight Summer Starter Bliss

International & Graduate Office Newsletter, University Of Michigan Law School

Newsletters

Vol. 1, No. 2 of the University of Michigan Law School International & Graduate Office Newsletter.

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

Unshackling Black Motherhood, Dorothy E. Roberts

Michigan Law Review

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination. My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women …

Foreword: "Racialism" And Reason, Frank I. Michelman

Michigan Law Review

Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium - sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally about race - in defense of busing, on the side of affirmative action - no one could mistake me for a critical race theorist. I am the original-model imperial scholar, as of last report only partially redeemed. "Liberal" is the …

Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado

Michigan Law Review

Professor! You're back! Rodrigo leaped to his feet and shook my hand fervently. "I heard a rumor you might be coming. What good news! Sit down. Did the authorities give you any trouble?"