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Articles 1 - 10 of 10
Full-Text Articles in Law
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Michigan Law Review
This Note asserts that associations merit standing when they seek to litigate collective interests they reasonably claim as theirs. Part I of this Note examines the state of judicial doctrine on associational standing, and illustrates how current doctrine hampers associations by refusing to recognize, and thus protect, interests that fit naturally with those the Supreme Court has regarded as associational. Part II reworks the concept of associational standing by formalizing collective interest and arguing for the association as the appropriate legal representative of such interest. Finally, Part III addresses the separation of powers concerns raised by a reworked concept of …
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Michigan Law Review
Part I of this Note argues that the Thompson, Logan, and Hicks cases can be read narrowly to deal primarily with concern about protecting specific constitutional guarantees such as criminal procedural protections, equal protection guarantees, and first amendment freedoms. Arguably, in order to avoid dealing explicitly with the broader constitutional questions raised by the state decisions, the Court reversed the state decisions as arbitrary interpretations of state law. Part II argues that the rule against arbitrary state decisions suggested by Thompson, Logan, and Hicks is incompatible with federalism because it interferes with states' ability to develop law over state …
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
University of Michigan Journal of Law Reform
Many of the other Articles in this Symposium demonstrate that a single great piece of legal scholarship can have an enormous impact on the development of legal doctrine. This Article differs in two respects. First, it focuses not on a single seminal work, but rather on a developing literature authored by a large group of scholars. Second, it attempts to assess the impact of that literature not on the growth of legal theory, but on the development of a single legal institution-the United States Courts of Appeals.
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Michigan Law Review
In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
The Effectiveness Of Measures To Increase Appellate Court Efficiency And Decision Output, Thomas B. Marvell, Carlisle E. Moody
University of Michigan Journal of Law Reform
This Article will examine the effectiveness of measures commonly employed to increase appellate court productivity. Part I of the Article sets forth some common design problems and explains how the research technique employed in the present study avoids these problems by using a multiple time-series research design. Part II applies this design to state court data. Part II also describes the dependent variable, the number of appeals decided per judge, used in the regression analysis. Part III discusses the results of that analysis-the impact of each change listed above on judicial productivity. The Article, although not advocating the adoption of …
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Michigan Law Review
This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, …
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Articles
Despite the recent admonition of the Supreme Court that a "request for attorneys' fees should not result in a second major litigation,"12 the courts have been frequently called on to interpret the often ambiguous language of the EAJA. The U.S. Court of Appeals for the Sixth Circuit has not been spared this difficult chore. While the 1985 amendments have clarified some provisions of the Act and affected some major decisions in the Sixth Circuit, the recent changes have also left other previously settled areas in a state of flux. This article will review the Sixth Circuit's EAJA decisions from 1983-1987, …
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
Articles
In law school every American lawyer learns that the conventional measure of damages for breach of a sales contract is the difference between the contract price and the market price. Even before these rules were embodied in the Uniform Sales Act and the Uniform Commercial Code (UCC), they were a staple of Anglo-American common law. They remain the rules with which a court would determine damage liability not only for the sale of goods, but also for the sale of real estate and securities.