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Articles 1 - 30 of 97
Full-Text Articles in Law
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner
All Faculty Scholarship
Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Straddling The Electronic And Paper Realms—E-Filing: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In August 2003, Colorado took another huge stride toward the electornic age by announcing that it would become the first state to allow free online filing of civil cases for qualifying low-income people. The last "Scrivener" column addressed how the courts' shift to electronic formats may alter the way lawyers and judges read and write legal documents. This column addresses some of the practical aspects of preparing documents that some readers will view on paper and others will view only in electronic format.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
Books received by the Law Review.
An Award . . . And An Announcement, J. Thomas Sullivan
An Award . . . And An Announcement, J. Thomas Sullivan
The Journal of Appellate Practice and Process
No abstract provided.
Fundamentals Of Preparing A United States Supreme Court Amicus Brief, Dan Schweitzer
Fundamentals Of Preparing A United States Supreme Court Amicus Brief, Dan Schweitzer
The Journal of Appellate Practice and Process
No abstract provided.
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz
Words To The Wise: David C. Frederick's Supreme Court And Appellate Advocacy, Mark R. Kravitz
The Journal of Appellate Practice and Process
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
Books received by the Law Review.
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
ExpressO
No abstract provided.
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
E-Filing: Entering The Electronic Age—Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
With today's communication converting from paper to electronic format, we are living in an age of transformation as well. This shift will metamorphose the way lawyers and judges read--and write--legal documents.
Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young
Legal Scholarship And Membership In The Church Of Jesus Christ Of Latter-Day Saints: Have They Buried Both An Honest Man And A Law Professor In The Same Grave?, Michael K. Young
BYU Law Review
No abstract provided.
Legislating Chevron, Elizabeth Garrett
Legislating Chevron, Elizabeth Garrett
Michigan Law Review
One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, lnc., is routinely referred to as the "counter-Marbury." The reference suggests that Chevron's command to courts to defer to certain reasonable agency interpretations of statutes is superficially an uneasy fit with the declaration in Marbury v. Madison that "[i]t is emphatically the province and duty of the judicial department to say what the law is." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling …
Mediated Popular Constitutionalism, Barry Friedman
Mediated Popular Constitutionalism, Barry Friedman
Michigan Law Review
There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial …
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Lawmanac-Another Tool For The Shed Or Your Computer Desktop, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This column addresses another recently released tool to help legal writers: Lawmanac. Lawmanac is not a book; it is software you load onto your computer hard drive to provide "click- able help for legal writers." Lawmanac includes seven types of "clickable help": (1) a 4,700-word legal dictionary; (2) a list of 2,800 abbreviations of legal sources, with website links; (3) tables for state and federal authorities, with website links; (4) advice on punctuation, capitalization, and typeface conventions; (5) a twenty-lesson course for learning and perfecting legal citation style and form; (6) lists of examples illustrating proper punctuation and form for …
Reflections On The Law Review's Twenty-Fifth Year Of Publication, Regina M. Mccrea
Reflections On The Law Review's Twenty-Fifth Year Of Publication, Regina M. Mccrea
University of Arkansas at Little Rock Law Review
No abstract provided.
A Tradition To Uphold: Twenty-Five Years And Counting, Amy Dunn, Christian Harris
A Tradition To Uphold: Twenty-Five Years And Counting, Amy Dunn, Christian Harris
University of Arkansas at Little Rock Law Review
No abstract provided.
National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin
National Legal Research Teach-In Celebrates 10 Years Of Success, Gail A. Partin
Gail A. Partin
No abstract provided.
Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill
Internet Resources: Sampler Of Useful Sites For Specific Practice Areas, Maureen Cahill
Presentations
No abstract provided.
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Nothing New Under The Sun-Plagiarism In Practice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The word "plagiarism" comes from the Ltin word "plagiariius," meaning kidnapper, and has been defined as the "purloining of ideas or language from another source. Some law schools have strict tests: if students borrow a unique phrase of two or three words, a string of seven words or more, or a single idea, these students may be guilty of plagiarism.
The Unruliness Of Rules, Peter A. Alces
The Unruliness Of Rules, Peter A. Alces
Michigan Law Review
Analytical jurisprudence depends on a posited relation between rules and morality. Before we may answer persistent and important questions of legal theory - indeed, before we can even know what those questions are - we must understand not just the operation of rules but their operation in relation to morality. Once that relationship is formulated, we may then come to terms with the likes of inductive reasoning in Law, the role of precedent, and the fit, such as it is, between Natural Law and Positivism as well as even the coincidence (or lack thereof) between inclusive and exclusive positivism. That …
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Michigan Law Review
Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Michigan Law Review
Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Meaning's Edge, Love's Priority, Patrick Mckinley Brennan
Michigan Law Review
The story is told of an American wending his way through the British Museum. Reaching the Rosetta Stone, he reached right over the railing, touched the scarred slab, and lamented: "It doesn't feel meaningful." Whereupon an old Briton was heard to mumble: "The poor American's got this old thing confused with the Blarney Stone." A bully presses his case, but meaning is much more modest. Powerless to insist upon itself, meaning lies in wait of discovery. What distinguishes the Rosetta Stone from other rocks of the same kind and size is that it was someone's - or rather a group's …
Legal And Appellate Weblogs: What They Are, Why You Should Read Them, And Why You Should Consider Starting Your Own, Gary O'Connor, Stephanie Tai
Legal And Appellate Weblogs: What They Are, Why You Should Read Them, And Why You Should Consider Starting Your Own, Gary O'Connor, Stephanie Tai
The Journal of Appellate Practice and Process
No abstract provided.
Holding, Dictum ... Whatever, Thomas L. Fowler
Holding, Dictum ... Whatever, Thomas L. Fowler
North Carolina Central Law Review
No abstract provided.
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Victim Impact Statements In Capital Trials: A Selected Bibliography, Jean M. Callihan
Cornell Law Faculty Working Papers
This bibliography collects and organizes citations to dissertations, chapters in books, journal articles, legislative materials, books, and book reviews from 1980 forward that analyze the effect of victim impact statements in capital cases. The main purpose of the bibliography is to present citations to empirical studies and quantitative evaluations of victim impact statements in the United States and other countries. Because there are few reported empirical studies, the bibliography also contains references to articles that provide qualitative analyses of victim impact statements in criminal trials and of participatory rights of victims in the justice process in general.
White Space-The Sequel, K.K. Duvivier
White Space-The Sequel, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Just as an artist must be conscious of the "negative space" surrounding a form, a legal writer should be aware of the white areas on a page of prose, the space between and around the words.
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.