Law Commons^™

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

A Critical Approach To Section 1983 With Special Attention To Sources Of Law, Jack M. Beermann

Faculty Scholarship

The Civil Rights Act of 1871¹ ("§ 1983") establishes a tort-like remedy for persons deprived of federally protected rights "under color of law."'² While the statute's broad language provides a remedy for violations of federal constitutional and statutory rights, the statute itself provides little or no guidance regarding important subjects such as the measure of damages, the availability of punitive damages, the requirements for equitable relief, the statute of limitations, survival of claims, proper parties, and immunities from suit.³...

...The first part of this article examines the narrowly "legal" analysis of § 1983 in the cases …

Law Without Mind, Steven D. Smith

Michigan Law Review

A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …

Recent Books, Michigan Law Review

Michigan Law Review

A List of Books Received by Michigan Law Review

Baseline Questions In Legal Reasoning: The Example Of Property In Jobs, Jack M. Beermann, Joseph William Singer

Faculty Scholarship

In what follows, we critique at-will employment by focusing on the baselines that underlie the analysis. Our ultimate goal is to develop persuasive arguments to move courts and businesses to provide greater job security for workers. One possible reason the courts have been so reluctant to change employment law is that judges analyze job security issues from the standpoint of a series of baselines which have the effect of creating a presumption against job security that is almost impossible to overcome. These baseline assumptions effectively place the burden of proof on advocates of job security.

Judges fail to recognize that …

Jean-Luc Godard And Critical Legal Studies (Because We Need The Eggs), Jeffrey L. Harrison, Amy R. Mashburn

Michigan Law Review

The New Wave in filmmaking is now thirty years old. Critical Legal Studies (CLS) has been around in one form or another for approximately a third of that time. We believe that by examining the avant-garde movement in film we may be able to anticipate what is in store for the avant-garde movement in law. Our conclusion is that just as New Wave film methodology has had only a limited impact on the film industry generally, CLS is likely to have a limited - perhaps only stylistic - effect on jurisprudential development.

The reason for the shortfall is that Godard …

Untangling "Operation Common Sense": Reopening And Review Of Social Security Administration Disability Claims, Elizabeth S. Ferguson

Michigan Law Review

Part I of the Note outlines how the SSA processes a disability claim and illustrates the ambiguity in the language of the reopening regulations that has caused the split in the courts. Part II examines the four interpretations of the reopening regulations created by courts. Part II begins with the Secretary's interpretation and concludes that this interpretation is plainly inconsistent with the language of the regulations. Thus, courts need not defer, as they normally would, to an agency's interpretation of its own regulation. This Part next examines the alternative interpretations of these regulations advanced by various courts, and describes how …

The New York Law School Reporter, V 6, No. 6, May 1989, New York Law School

Student Newspapers

Vol 6, no. IV

This Newspaper contains:

Tenure Controversy Escalates, page 1

Public Interest Scholarship Fund Takes Off, page 1

(Almost) Everything You Always Wanted to Know About the Tenure Process but Were Afraid to Ask, page 4

IRAC, page 5

Muck-Wrestling, page 7

An Assault on Gun Control, page 12

Moot Court Association, page 17

The Egalitarian Fallacy, Ann Puckett

Scholarly Works

Professor Puckett contends that a policy of treating all law library staff members as equals is an injustice to the professional librarian, dilutes the inherent strength of any library, and impairs library services by requiring professionals to spend valuable time on nonprofessional tasks.

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Michigan Law Review

This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.

Book Review Of Annuals And Surveys Appearing In Legal Periodicals: An Annotated Listing, James S. Heller

Library Staff Publications

No abstract provided.

Law Library Management: An Annotated Bibliography, Janet Sinder

Faculty Scholarship

No abstract provided.

Front Cover

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

A Message From The Dean

Law Quadrangle (formerly Law Quad Notes)

Dean Lee C. Bollinger announces international receptions, programs, and reunion

Faculty Notes

Law Quadrangle (formerly Law Quad Notes)

Estep, Pierce achieve emeritus status; faculty news notes; visitors enrich Law School community.

Front Matter

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Briefs

Law Quadrangle (formerly Law Quad Notes)

Strengthening the Law School's international ties; Nippon Life Insurance Co. bestows major gift; new scope for a Law School publication.

Back Cover

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Events

Law Quadrangle (formerly Law Quad Notes)

Senior Day: fond farewells; Law Review sponsors symposium on legal storytelling; Campbell Competition tackles right to counsel; first William W. Bishop Lecture looks at Single European Market.

Alumni Notes

Law Quadrangle (formerly Law Quad Notes)

First European alumni reunion honors Stein; news about our graduates; Class Notes

William W. Bishop, Jr.: Vita And Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

No abstract provided.

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

Lessons From A Writing Audit, Tom Goldstein, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.

Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley

Journal Articles

Review of A Guide to Legal Research in Virginia, edited by John D. Eure. Charlottesville, VA: Committee on Continuing Legal Education, Virginia Law Foundation, 1989.

Punitive Damages: A Supporting Theory, Harold See

Law Faculty Scholarship

Scholarly opinion overwhelmingly opposes the trend toward truly punitive damages. If Lord Keynes's observation is correct, then damages intended to punish are, after only a brief maturity, condemned to pass away. The winds of the popular and judicial summer will carry them off because there is no hedgerow of theory to break that wind and hold them fast.

Punitive Damages: Introduction And Synopsis, Harold See

Law Faculty Scholarship

An introduction and synopsis of the 1989 symposium on punitive damages sponsored by the University of Alabama School of Law and the Alabama Law Review.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Publications

No abstract provided.

Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley

University of Richmond Law Review

Professor Bryson's Handbook on Virginia Civil Procedure ("Handbook") which is now out in an expanded second edition, was written as an introduction to Virginia civil procedure for the students who study with him at the T.C. Williams School of Law at the University of Richmond. However, it will find an appreciative audience among two other distinct and occasionally overlapping groups of readers: active litigators who seek a ready reference on Virginia's civil-law procedures and practices, and legal history buffs who enjoy an excursus on the Anglo-American antecedents of Virginia's sometimes unique approach to civil litigation.