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Articles 1 - 30 of 244
Full-Text Articles in Entire DC Network
Researching Marijuana Law, Seth Quidachay-Swan
Researching Marijuana Law, Seth Quidachay-Swan
Law Librarian Scholarship
This article provides a brief overview of the current legal framework governing the regulation of marijuana at the federal and state levels in the United States. It also provides an overview of the state of Michigan’s current regulatory framework and resources for attorneys interested in learning more about marijuana regulation.
Research Resources For Michigan Criminal Law, Kate E. Britt
Research Resources For Michigan Criminal Law, Kate E. Britt
Law Librarian Scholarship
Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.
How Many Copies Are Enough Revisited: Open Access Legal Scholarship In The Time Of Collection Budget Constraints, Kincaid C. Brown
How Many Copies Are Enough Revisited: Open Access Legal Scholarship In The Time Of Collection Budget Constraints, Kincaid C. Brown
Law Librarian Scholarship
This article discusses the results of a study into the open access availability of law reviews, followed by a discussion of why open access has such a high rate of adoption among law reviews, especially in comparison to the journal literature in other disciplines.
Books Have The Power To Shape Public Policy, Barbara Mcquade
Books Have The Power To Shape Public Policy, Barbara Mcquade
Michigan Law Review
In our digital information age, news and ideas come at us constantly and from every direction—newspapers, cable television, podcasts, online media, and more. It can be difficult to keep up with the fleeting and ephemeral news of the day.
Books, on the other hand, provide a source of enduring ideas. Books contain the researched hypotheses, the well-developed theories, and the fully formed arguments that outlast the news and analysis of the moment, preserved for the ages on the written page, to be discussed, admired, criticized, or supplanted by generations to come.
And books about the law, like the ones reviewed …
Collected Works, December 15, 2017, University Of Michigan Law School
Collected Works, December 15, 2017, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Collected Works, November 3, 2017, University Of Michigan Law School
Collected Works, November 3, 2017, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Collected Works, September 8, 2017, University Of Michigan Law School
Collected Works, September 8, 2017, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Collected Works, June 2, 2017, University Of Michigan Law School
Collected Works, June 2, 2017, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Collected Works, April 7, 2017, University Of Michigan Law School
Collected Works, April 7, 2017, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue
In Defense Of The Restatement Of Liability Insurance Law, Tom Baker, Kyle D. Logue
Articles
The importance of liability law to the American system of justice, and to the US economy in general, are well known. Somewhat less well known, at least among non-lawyers, is the corresponding centrality of liability insurance. For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. Such coverage, provided by state-regulated insurance companies, ranges from auto and homeowners’ policies (sold to consumers throughout the country) to commercial general liability policies (sold to businesses of all sizes) to professional liability policies of various sorts (including Directors and Officers coverage …
Collected Works, May 20, 2016, University Of Michigan Law School
Collected Works, May 20, 2016, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Collected Works, February 26, 2016, University Of Michigan Law School
Collected Works, February 26, 2016, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Law School Institutional Repositories: A Survey, Kincaid C. Brown
Law School Institutional Repositories: A Survey, Kincaid C. Brown
Law Librarian Scholarship
There has been a dramatic rise in the number of law libraries managing institutional repositories for their law schools. In 2011, there were some 30 law schools with such repositories; now, 80 of the top 100 law schools have their own or participate in a university-wide repository wherein the law school has an identifiable, school-specific collection or community. This article discusses a survey of the of the top 101 law schools, in hopes of facilitating an understanding of the breadth of material to be found in law school institutional repositories.
Collected Works, September 18, 2015, University Of Michigan Law School
Collected Works, September 18, 2015, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …
Collected Works, June 12, 2015, University Of Michigan Law School
Collected Works, June 12, 2015, University Of Michigan Law School
Newsletters
Collected Works is a summary of faculty activities, publications, and news that has been collected in the last two weeks. Collected Works comprises information culled from a variety of sources, but most heavily relies on information submitted directly by faculty.
The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow
The Enduring Value Of Books Related To The Law: A Librarian's Perspective, Linda S. Maslow
Michigan Law Review
In the 1979 inaugural issue of the Michigan Law Review’s annual survey of books related to the law, Professor Cavers wrote an enthusiastic and hopeful introduction. He characterized the journal’s effort as a “bold innovation” that would benefit lawyers; law professors, both domestic and foreign; scholars in other disciplines, such as the social sciences; and the marketplace of ideas generally. As the annual survey approached its twentieth anniversary, Professor Schneider provided a fascinating, frank description of the Book Review issue’s origins during his tenure as the Michigan Law Review’s Editor- in-Chief. Happily, this annual Book Review issue continues to thrive. …
What Books On Law Should Be, Richard A. Posner
What Books On Law Should Be, Richard A. Posner
Michigan Law Review
I have thought it might be useful to our profession, and appropriate to a foreword to a collection of reviews of newly published books on law, to set forth some ideas on how books can best serve members of the different branches of the legal profession — specifically judges, practicing lawyers, law students, and academic lawyers — plus persons outside the legal profession who are interested in law. I am not interested in which already published books should be retained and which discarded, but in what type of book about law should be written from this day forward. I will …
Oh, The Treatise!, Richard A. Danner
Oh, The Treatise!, Richard A. Danner
Michigan Law Review
In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: "[W]hy should law professors write?" In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge Edwards indicted legal scholars for failing to engage the practical problems facing lawyers and judges, writing instead for the benefit of scholars in law and other disciplines rather than for their professional audiences. He characterized "practical" legal scholarship as both prescriptive (aiming to instruct attorneys, …
Tribute To Larry Ribstein, Barry E. Adler
Tribute To Larry Ribstein, Barry E. Adler
Michigan Law Review
A law school job talk for an entry-level candidate is an opportunity for the presenter to put his or her ideas before a faculty in the best possible light. A bit of give-and-take is part of the drill, but the candidate can usually expect the talk to stay more or less on course. My own first job talk, though, given at George Mason University more years ago than I'd like to admit, was attended by the thoroughly exceptional Larry Ribstein and so did not unfold in the usual way.
The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White
The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White
Reviews
Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place …
Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma
Issues And Trends In Collection Development For East Asia Legal Materials, Joostaek Lee, Xiaomeng Zhang, Keiko Okuhara, Evelyn Ma
Law Librarian Scholarship
The authors delineate the general policy and guidelines for developing foreign and transnational law collections in U.S. law libraries, and they analyze factors that shape East Asian collections, such as law libraries’ preservation and digitization efforts and their related cost-efficiency, and the availability and quality of English translations. The authors then discuss the main sources for Korean, Japanese, and Chinese law.
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
University of Michigan Journal of Law Reform
In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting work will …
Erratum, Fred R. Shapiro, Michelle Pearse
Erratum, Fred R. Shapiro, Michelle Pearse
Michigan Law Review First Impressions
Fred R. Shapiro and Michelle Pearse's essay The Most-Cited Law Review Articles of All Time, 110 MICH. L. REV. 1483 (2012), omitted an article: Owen M. Fiss, Groups and the Equal Protection Clause, 5 PHIL. & PUB. AFF. 107 (1976). Professor Fiss's article should have been listed in 72nd place (with 729 citations) in Table I, Most-Cited Law Review Articles of All Time. Professor Fiss's article fell into the category of articles published in nonlegal journals with over 50 percent of the citations to them occurring in legal journals. See Shapiro & Pearse, supra, at 1487-88. This category by its …
Restoring Restitution To The Canon, Douglas Laycock
Restoring Restitution To The Canon, Douglas Laycock
Michigan Law Review
The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …
Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan
Old Habits Die Hard: Disengaging From The Bluebook, Mark Garibyan
University of Michigan Journal of Law Reform Caveat
Incoming first-year law students dread many aspects of what lies ahead: the cold calls, the challenging course load, and the general stress that is associated with starting a new phase in one’s life. Most students, however, do not expect that the Bluebook—the citation system used ubiquitously throughout the legal landscape—will inflict “more pain” on them “than any other publication in legal history.” This pain might be a shock to many who are accustomed to the simpler systems utilized in other academic fields. A citation itself is, after all, merely a reference; it is “neither scholarship nor analysis.” Preferably, a system …
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann
Articles
When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …
Why I Do Law Reform, Lawrence W. Waggoner
Why I Do Law Reform, Lawrence W. Waggoner
Articles
In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his …
Craig Callen: Tributes From The Evidence Community, Richard D. Friedman
Craig Callen: Tributes From The Evidence Community, Richard D. Friedman
Articles
At the wonderful memorial service for Craig Callen held at MSU shortly after his death in April, I had the honor, by reason of proximity, to appear in effect as the representative of nationwide, and even worldwide, community of scholars that has felt his death very deeply. I am grateful for the opportunity to perform this same function in print.
Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow
Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow
Michigan Law Review First Impressions
Judge Richard A. Posner's recent critique (The Bluebook Blues) of the maddening hypertrophy of The Bluebook is surely a refreshing voice of sanity for the multitudes of law students and legal professionals who have had occasion to consult it. Even at Harvard Law School, the home of its founding institutional sponsor, The Bluebook's labyrinthine rules annually aggravate a fresh crop of otherwise remarkably stoic future lawyers. But while many of Posner's observations regarding The Bluebook are astute, we posit that both form and uniformity are important for citations, and we suggest citation-formatting software as a means of maximizing the utility …