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Articles 1 - 15 of 15
Full-Text Articles in Law
The Limits Of Performance-Based Regulation, Cary Coglianese
The Limits Of Performance-Based Regulation, Cary Coglianese
University of Michigan Journal of Law Reform
Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …
The Solicitor General And Intragovernmental Conflict, Michigan Law Review
The Solicitor General And Intragovernmental Conflict, Michigan Law Review
Michigan Law Review
This Note considers the way in which the Solicitor General has resolved-and should resolve-such ambiguities in his role as advocate for the United States. First, the Note examines the accommodation of interests represented by the Solicitor General's responses to discordant obligations. Second, it analyzes the common law and statutory sources of the Solicitor General's responsibilities. Finally, the proper role of the Solicitor General is assessed, giving due consideration to his position .as mediator among interest groups within the government and to the institutional constraints to which he is subject.
Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson
Book Reviews, Victor H. Lane, Horace Lafayette Wilgus, Edwin D. Dickinson
Michigan Law Review
The lawyer who, for the last two decades has kept abreast of the literature of the law, is appreciative of the fact that no branch of the old law has received such scientific and scholarly treatment, as has the law of evidence, and few of the more modern fields have been as thoroughly and intelligently cultivated. Led by Professor Thayer in that incomparable series of essays gathered under one title in his "Preliminary Treatise on Evidence at the Common Law," followed by Professor Wigmore with his edition of Greenleaf's first volume, and later by his great work "Evidence in Trials …
Book Reviews, Willard T. Barbour, Joseph H. Drake
Book Reviews, Willard T. Barbour, Joseph H. Drake
Michigan Law Review
Judge Story's work appeared at a critical period in Aterican legal history. The bitterness toward England which lingered after the Revolution, intensified by the unhappy war of 182, was no doubt responsible for the hostility toward and suspicion of that peculiarly English institution, the common law.' Evidence is not wanting that our courts were drifting away from the common law doctrines and becoming more -responsive to the appeals of civil law. There was thus furnished a condition favorable to the reception of Roman law through some French form such as the Code Napolion. English equity, in particular, stood in a …
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Book Reviews, Henry M. Bates, Horace Lafayette Wilgus
Michigan Law Review
Dr. Freund's book was read by the reviewer in the summer of 1917, but a combination of circumstances, greatly regretted by him, has prevented the completion and publishing of the review then pa'rtially prepared. The justification for printing it now lies in the excellence of Dr. Freund's work and. in the vital importance of careful study by American lawyers of the too long neglected field of legislation as, with the War, apparently ended, the Nation enters upon a period of political and social reconstruction, which seems destined to be epochal. With the organized forces of the titanic struggle halted, and …
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Note And Comment, James P. Hall, Henry M. Bates, Edgar N. Durfee, Willard T. Barbour, Ralph W. Aigler
Michigan Law Review
The Law School - In common with all other law schools requiring college work for admission, this school has suffered a very heavy loss in attendance because of war conditions. This, however, is a matter for pride and not for discouragement for it means that our students have gone into the army or navy or other branches of the national service in very high ratio to their total number. And this is by no means due only to the effect of the Selective Service Act for from the very beginning our men have volunteered in great spirit and promptness. In …
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Book Reviews, Joseph H. Drake, Victor H. Lane, Willard Barbour, Edwin C. Goddard, Robert E. Bunker
Michigan Law Review
Science of Legal Method. Select Essays by Various Authors. Translation by Ernest Bruncken, Washington, D. C. and Layton B. Register of the University of Pennsylvania Law School. With Introductions by Henry N. Sheldon, Former justice of the Supreme Judicial Court of Massachusetts and by John W. Salmond, Solicitor General of New Zealand. Boston: The Boston Book Company, I917; pp. lxxxvi, 593.
Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney
Book Reviews, John R. Rood, John B. Waite, Joseph H. Drake, Henry F. Adams, Edson R. Sunderland, Robert T. Crane, A S. Whitney
Michigan Law Review
If there is a living American qualified to prepare material for the student of future interests probably law teachers would agree that Professor Kales is the man. He has written a book on Future Estates in Illinois which has made a distinct impression on the law of that state and is recognized elsewhere as a sound and scholarly treatise. He has taught the course on future interests and illegal restraints at Northwestern University Law School for many years, and last year gave the same course at Harvard.
Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake
Book Reviews, Willard Barbour, Horace L. Wilgus, Edwin C. Goddard, Robert T. Crane, Joseph H. Drake
Michigan Law Review
Science and Learning in France. With a Survey of Opportunities for American Students in French Universities. An Appreciation by American Scholars. The Society for American Fellowships in France, 1917; PP. xxxviii, 454.
Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus
Book Reviews, Edgar N. Durfee, Hessel E. Yntema, Floyd B. Streeter, Arthur Lyon Cross, Jospeh H. Drake, Horace Lafayette Wilgus
Michigan Law Review
Cases on Quasi Contract, by Edward S. Thurston. American Case Book Series. St. Paul: West Publishing Co., I916; pp. 622.
Book Reviews, Edwin C. Goddard, Joseph H. Drake
Book Reviews, Edwin C. Goddard, Joseph H. Drake
Michigan Law Review
Book Review of Lemuel Shaw by Frederic Hathaway Chase, and The War and Humanity by James M. Beck.
Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane
Book Reviews, W B. Shaw, Horace Lafayette Wilgus, Robert E. Bunker, Willard T. Barbour, Evans Holbrook, Victor H. Lane
Michigan Law Review
It was peculiarly fortunate for the cause of the American Revolution that the sympathies of the French people and the policies of the French foreign office which knew no diplomatic methods save those of secret diplomacy, were for once heartily in accord in support of the American revolutionists. Professor Corwin in this book deals entirely with the complicated and obscure political plots and counter-plots which eventually led France to espouse openly the cause of the revolting colonies. The whole question of the timely aid France gave to America has, of course, a very particular value at the present time when …
Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood
Book Reviews, Frank Egleston Robbins, Willard Barbour, Joseph H. Drake, Ralph W. Aigler, Edwin C. Goddard, Horace Lafayette Wilgus, John B. Waite, John R. Rood
Michigan Law Review
Professor Husband's book deals with two problems, the date of the trial and crucifixion of Jesus, and the legal aspects of the proceedings against him. In both divisions of the subject his conclusions are novel and are supported by able argumentation.
Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard
Book Reviews, Edson R. Sunderland, Willard Barbour, Horace Lafayette Wilgus, Edgar N. Durfee, Edwin C. Goddard
Michigan Law Review
The Rule-Making Authority in the English Supreme Court, by Samuel Rosenbaum. Boston, The Boston Book Co., 1917, pp. xiv, 321. This volume is the fourth in the University of Pennsylvania Law School Series, and is the work of a fellow of that school during the years 1913-1915. In common with the other books of the series, its object is to aid the scientific study of legal problems and to help to improve the law. No subject, surely, is more worthy of presentation to American readers than this, and none is more full of important suggestions for the improvement of our …
Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Judgment Against Shylock In The Merchant Of Venice, Thomas Niemeyer
Michigan Law Review
This subject has already received the attention of jurists. In 1872 von Jhering in his famous lecture "The Struggle for Law"' criticised severely the established admiration of the speech of Portia. von Jhering attacked this speech with great vigour and indeed spoke of it as a miserable subterfuge - the rabulous trick of a pettifogger. He finds that through this speech a truly tragic lot befell Shylock; a fate brought about by the usurer's lawful struggle for his rights, and through which the law of Venice was transfigured.