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University of Michigan Law School

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Young Associates In Trouble, William D. Henderson, David Zaring Apr 2007

Young Associates In Trouble, William D. Henderson, David Zaring

Michigan Law Review

Large law firms have reputations as being tough places to work, and the larger the firm, the tougher the firm. Yet, notwithstanding the grueling hours and the shrinking prospects of partnership, these firms perennially attract a large proportion of the nation's top law school graduates. These young lawyers could go anywhere but choose to work at large firms. Why do they do so if law firms are as inhospitable as their reputations suggest? Two recent novels about the lives of young associates in large, prestigious law firms suggest that such a rational calculation misapprehends the costs. Law professor Kermit Roosevelt's …

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The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett Oct 2006

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Michigan Law Review

This Article challenges a foundational assumption about eminent domain- namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high subjective value properties. (By way of illustration, Professor Garnett discusses evidence that Chicago's freeways were rerouted in the 1950s to avoid …

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Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr. Jan 2006

Harmful Tax Competition And Its Harmful Remedies, James R. Hines Jr.

Reviews

There is, among some of your reviewer's friends, an abhorrence of tax competition, and a fascination with tax harmonization, that defies simple understanding. The way that the case is typically presented, European tax harmonization is desirable because eliminating tax differences between European nations would promote economic efficiency. With greater economic efficiency, there is more of everything to go around, so it becomes possible to maintain life exactly as it currently is, except that now, instead of every family having one toaster, they can have two. A wise goal, a worthy goal, this economic efficiency-though the drive to eke more out …

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Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue Jan 2006

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

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Choice And Fraud In Racial Identification: The Dilemma Of Policing Race In Affirmative Action, The Census, And A Color-Blind Society, Tseming Yang Jan 2006

Choice And Fraud In Racial Identification: The Dilemma Of Policing Race In Affirmative Action, The Census, And A Color-Blind Society, Tseming Yang

Michigan Journal of Race and Law

This Article focuses on the implications of self-conscious efforts by individuals to alter their racial identity and the challenge that they pose to social conventions and the law. It also considers some implications of such a framework to the promotion of a color-blind society, in particular with respect to health care services and bureaucratic records.

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Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil Jan 2006

Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil

Michigan Law Review

This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These "race-nuisance" cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly eschewed the rule of law in service of white supremacy. Instead, the cases provide rich social historical detail showing southern judges wrestling with their competing allegiances to both precedent and the pursuit of racial exclusivity. Surprisingly, the allegiance to precedent generally prevailed. The cases confound prevailing …

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Vol. 56, No. 6, November 15, 2005, University Of Michigan Law School Nov 2005

Vol. 56, No. 6, November 15, 2005, University Of Michigan Law School

Res Gestae

•Professors Provide Powerful Exam Tips •Question on the Quad •Professor Herzog Talks Torts, Teaching, and Swift •Over 70 M-Law Students 'Get Arrested' With New Club •Academic Journals: Humanity's Only Hope? •Introducing the Poetry of Elizabeth Bishop •Abandon All Cell Phones, All Ye Who Enter •Jenny Runkles Photos •Three Years in the Life of 3L Section ABCD •2L Speaks Out on Gender, Grades, and Giving Hugs •Addiction Can be a Good Thing •On the Supreme Court, Love and Basketball •'Twas the Night Before Finals

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Vol. 56, No. 1, August 29, 2005, University Of Michigan Law School Aug 2005

Vol. 56, No. 1, August 29, 2005, University Of Michigan Law School

Res Gestae

•Career Services Dispels Seven Myths of Early Interview Week •How to Succeed at OCI Without Really Trying •Top Ten Reasons to Say "Yes!" When a 3L Asks You Out •Learn How to Find a Firm Job and Be Happy •The OCI Drinking Game! •Frequently Answered Questions at OCI •Crossword

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Vol. 55, No. 13, March 15, 2005, University Of Michigan Law School Mar 2005

Vol. 55, No. 13, March 15, 2005, University Of Michigan Law School

Res Gestae

•Elections Approach for Law School Rep to Michigan Student Assembly •Prof Evals Should be Posted •SNARL Transforms Law School into Simulated Refugee Crisis •Boykin's Speech Addresses African-American, GLBT Issues •Getting Down to Business with Professor Pritchard •Civil Rights Attorney Speaks About Abu Ghraib Abuses •American Constitution Society to Launch Michigan Lawyer Chapter •Bar Month Photos •APALSA 'Origins' Show: In Pictures •Question on the Quad •'Origins' Celebrates Spring, Culture •It's Always the Season to GO BLUE! •I Hereby Announce My Retirement •Bid Until it Hurts at the SFF Auction •Married Law Student's Sanity Vanishes

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Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski Jan 2005

Is Poetry A War Crime? Reckoning For Radovan Karadzic The Poet-Warrior, Jay Surdukowski

Michigan Journal of International Law

This Note will suggest that the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) can use Karadzic's texts and affectations to warrior poetry in the pretrial brief and in admitted evidence, if and when Karadzic ultimately appears for trial. The violent nationalism of radio broadcasts, political journals, speeches, interviews, and manifestos have been fair game for the Office of the Prosecutor to make their cases in the last decade in both the Yugoslavia and Rwanda Tribunals. Why should poetry, perhaps the most powerful maker of myth and in the Yugoslavia context, a great mover …

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Vol 55, No. 2, August 27, 2004, University Of Michigan Law School Aug 2004

Vol 55, No. 2, August 27, 2004, University Of Michigan Law School

Res Gestae

•Dean Precht Leaving M-Law: Reflections on Public Service •Course Schedules Could Use Greater Student Input •Caminker Provides Preview of New Year •A Look into the Past, Present and Future with Professor Whitman •On Campus Interviewing Tips from Those in the Know •Blue Football: Optimism with Cause •Ain't No Cure for the Summertime Blues When You're Crippled and Cite-Checking •The OCI Drinking Game! •Crossword

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The Banality Of Evil And The First Amendment, W. Bradley Wendel May 2004

The Banality Of Evil And The First Amendment, W. Bradley Wendel

Michigan Law Review

In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …

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Vol. 54, No. 13, April 20, 2004, University Of Michigan Law School Apr 2004

Vol. 54, No. 13, April 20, 2004, University Of Michigan Law School

Res Gestae

•Out of Retirement, One More Time: A Conversation with Professor Emeritus John W. Reed •Riding Off into the Sunrise •'Can I Get a Witness?' Clark Asks Students at Blue Jeans Lecture •Stars of Entertainment Law Shed Light on Breaking In to the Industry •Speaker Foretells the State of the Los Angeles/ Bay Area Legal Market •Two Sides of Truck-dom from the Nissan Family •Why I Still Like U of M Law •Law School Takes My $40,000, My Sanity, One Year of My Life; and I Get...? •Boender Catches the Ponys at the Magic Stick, Catches Up with Lead Singer •H@x0r3d!: …

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Vol. 54, No. 12, April 6, 2004, University Of Michigan Law School Apr 2004

Vol. 54, No. 12, April 6, 2004, University Of Michigan Law School

Res Gestae

•Judge Simma Gives Glimpse into the Inner Workings of the International Court of Justice •In Memoriam: A Tribute to Reuben Sobczyk •Katzen Discusses Women's Issues •Justice Markman Discusses Proper Role of Judges •WAMM! Law School Community Explores Self-Defense Training •O-ye, O-ye, O-ye! 80th Annual Campbell Competition Shines •Criminal, Environmental Law Moot Court Teams Represent •Law Revue: Talented Law Students Do Something Other than Read, Drink •Screw Law School: How to Write a Bestselling Lawyer Drama Novel •Wondering What If... •Understanding Sexual Harassment a Little Better •The Irony of Being Moral •Who Knew that Crime Wore a Shirt, Let Alone a …

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Briefs, University Of Michigan Law School Apr 2004

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School opens fund-raising campaign May 14; Olin Lecture focuses on creativity; Former Treasury Secretary Rubin: Economic squeeze reduces options; Assistant Dean Charlotte H. Johnson, '88: 'It's not enought to sit behind our desks'; Profiling fails against crime or terrorism, speaker says; Examining government service; Senior Day.

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Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards An Adequate Theory Of Mulitracial Resistance, Maurice R. Dyson Jan 2004

Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards An Adequate Theory Of Mulitracial Resistance, Maurice R. Dyson

Michigan Journal of Race and Law

This Article is divided into five parts. Part I briefly places the significance of the Supreme Court's affirmative action ruling in Grutter v. Bollinger in context, particularly the implications of its recommended twenty-five year timeframe in recognizing racial diversity. Part II examines the dangerous consequences of implicit assumptions underlying the RPI. More specifically, I investigate the potential ramifications the RPI would have had upon multiple sectors of our society, including healthcare, education, and law enforcement. In the process, I attempt to demonstrate that the concept of racial privacy is a strategic misnomer intended not to protect one's privacy, but rather …

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The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards Jan 2004

The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards

Michigan Law Review

Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …

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Vol. 54, No. 4, October 14, 2003, University Of Michigan Law School Oct 2003

Vol. 54, No. 4, October 14, 2003, University Of Michigan Law School

Res Gestae

•Downloaders Beware! Record Industry Lawsuits are Indeed 2 Legit 2 Quit •Burning the Midnight Oil with the Insomniac-In-Chief •Letter to the Editor: Taking the MPRE- It's a Mystery to Us •Alcohol Policy Abused: Training Sessions Needs Redirection •ACLU Celebrates Banned Books •The Empire Strokes Back •Fifty Ways to Leave Your Laptop

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Vol. 54, No. 3, September 30, 2003, University Of Michigan Law School Sep 2003

Vol. 54, No. 3, September 30, 2003, University Of Michigan Law School

Res Gestae

•Booze Boos: Students Weigh In on the New Alcohol Policy •Getting in Touch With My Inner Gear-Head •U.S. Ambassador to China Delivers Bishop Lecture on International Law •Supreme Court Wrap-Up: Not Much Wrap, but Pizza was Most Excellent! •Dean Caminker Holds Forum on the Virtues of Public Service •So You Want to Win the Campbell Moot Court Competition •Guided by Voices- Earthquake Glue •What I Learned in My First Month: Duck! •On the Fly, On the Cheap, and Healthy? •Singing the Mantra of the Underdog •1Ls Lend Support to Detroit Nine •Annual Canoe Trip Photos •LSSS Funding Allocations for 2003-2004 …

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Vol. 54, No. 2, September 16, 2003, University Of Michigan Law School Sep 2003

Vol. 54, No. 2, September 16, 2003, University Of Michigan Law School

Res Gestae

•Bigger and Better: Class of 2006 Profile •Greetings From the Editor's Desk •Remembering 9/11: Then and Now •Speaker Offers New Insights on Middle East •y Life as a 1L: Beverly Hills 48109 •Getting Involved: Student Groups Welcome 1Ls at Student Organization Fair •Judge Brudo Simma Delivers Special Lecture •Maybe It's Really Different This Year •Anti-Discrimination Policy Inhibits Student Choice •Michiganders Unite: State Bar Has Much to Offer •Crossword

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The Heroes Of The First Amendment, Frederick Schauer May 2003

The Heroes Of The First Amendment, Frederick Schauer

Michigan Law Review

In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …

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Discussing The First Amendment, Christina E. Wells May 2003

Discussing The First Amendment, Christina E. Wells

Michigan Law Review

Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of life. Though we agree on this much, we have rarely agreed on much else regarding the appropriate parameters of free expression. Is the First Amendment absolute or does it allow some regulation of speech? Should the First Amendment protect offensive speech, pornography, flag-burning? Why do we protect speech - to promote the search for truth, to promote self-governance, or to protect individual autonomy?2 History is rife with disagreements regarding these issues to which there are no definitive answers. Certainly, the text of …

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Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider Jan 2003

Strangers And Brothers: A Homily On Transracial Adoption, Carl E. Schneider

Articles

The common law speaks to us in parables. Ours is Drummond v. Fulton County Department of Family and Children's Services. Just before Christmas 1973, a boy named Timmy was born to a white mother and a black father. A month later, his mother was declared unfit, and the Department of Family and Children Services placed Timmy with white foster parents - Robert and Mildred Drummond. The Drummonds were "excellent" and "loving" parents, and Timmy grew into "an extremely bright, highly verbal, outgoing 15-month baby boy." Then the Drummonds asked to adopt Timmy. The Department's reviews of the Drummonds' devotion …

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Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas Jan 2003

Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas

Michigan Journal of International Law

Review of International Criminal Evidence by Richard May & Marieke Wierda

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Who's Talking? Disentangling Government And Private Speech, Leslie Gielow Jacobs Oct 2002

Who's Talking? Disentangling Government And Private Speech, Leslie Gielow Jacobs

University of Michigan Journal of Law Reform

Several different constitutional rules apply to government actions that influence the content of speech. The government has far more discretion to determine speech content when the government itself is the speaker than when it regulates private speakers. Specifically, in the former circumstance, the government can discriminate according to viewpoint, whereas in the latter circumstance it cannot. While the application of the rules may be obvious when either the government or private entities speak alone, increasingly, through various different types of interactions, government and private groups or individuals are speaking together. This circumstance complicates the crucial constitutional determination, which is: who's …

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(E)Racing The Fourth Amendment, Devon W. Carbado Mar 2002

(E)Racing The Fourth Amendment, Devon W. Carbado

Michigan Law Review

It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …

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Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing Jan 2002

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing

Michigan Journal of Race and Law

Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …

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"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke Jan 2002

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

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Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine Jan 2002

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …

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Poverty And Equality: A Distant Mirror, Gene R. Nichol Jan 2002

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …

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