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Full-Text Articles in Law

Black English And Equal Educational Opportunity, Michigan Law Review Dec 1980

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …


Social Investing And The Law Of Trusts, John H. Langbein, Richard A. Posner Nov 1980

Social Investing And The Law Of Trusts, John H. Langbein, Richard A. Posner

Michigan Law Review

In Part I, after presenting a brief primer on the economics of securities markets, we analyze the economic and policy issues presented by social investing. We conclude that the usual forms of social investing involve a combination of reduced diversification and higher administrative costs not offset by net consumption gains to the investment beneficiaries. Social investing may therefore be economically unsound even though there is no reason to expect a portfolio constructed in accordance with the usual principles of social investment to yield a below-average rate of return - provided that administrative costs are ignored.

Part II relates our policy …


Society And Legal Change, Michigan Law Review Mar 1980

Society And Legal Change, Michigan Law Review

Michigan Law Review

A Book Notice about Society and Legal Change by Alan Watson


Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella Feb 1980

Reforming The Federal Grand Jury And The State Preliminary Hearing To Prevent Conviction Without Adjudication, Peter Arenella

Michigan Law Review

It is this Article's thesis that the substitution of plea-bargaining for the criminal trial as our primary method for determining legal guilt requires a fundamental reassessment of our pretrial screening processes. In a system where the prosecutor's decision to file charges is usually followed by a negotiated guilty plea, we can no longer pretend that the pretrial process does not adjudicate the defendant's guilt. Accordingly, this Article argues that it no longer makes sense to rely primarily on the trial to safeguard essential accusatorial principles when pretrial screening devices like the preliminary hearing and the grand jury perform the only …


Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School Jan 1980

Program From The Thirtieth Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the thirtieth Thomas M. Cooley lectures, held October 21-23, 1980, at the University of Michigan Law School. The lecture series was "The Changing Legal World of Adolescence" by Franklin E. Zimring.


Program From The Twenty-Fifth William W. Cook Lectures, University Of Michigan Law School Jan 1980

Program From The Twenty-Fifth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-fifth William W. Cook lectures, held January 22-24, 1980, at the University of Michigan. The lecture series was "The 'Third' Revolution-- and Its Consequences" by Daniel Bell.