Law Commons^™

Beyond Candor, Scott Altman

Michigan Law Review

In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Public Law—Arkansas Freedom Of Information Act—Working Papers And Litigation Files Of Attorneys Hired By Public Entities Are Subject To Disclosure. City Of Fayetteville V. Edmark, 304 Ark. 179, 801 S.W.2d 275 (1990)., Lawrence W. Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey

Michigan Law Review

This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Democracy And Its Critics, Cary Coglianese

Michigan Law Review

A Review of Democracy and Its Critics by Robert A. Dahl

Happy Slaves: A Critique Of Consent Theory, Adam C. Sloane

Michigan Law Review

A Review of Happy Slaves: A Critique of Consent Theory by Don Herzog

The Interpreters, Kenneth L. Karst

Michigan Law Review

A Review of Justice as Translation: An Essay in Cultural and Legal Criticism by James Boyd White

Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste

Dalhousie Law Journal

Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.

Critical Legal Studies, Michael F. Colosi

Michigan Law Review

A Review of Critical Legal Studies by Allan C. Hutchinson

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Institutions, Michael A. Fitts

Michigan Law Review

In Parts I and II, I shall summarize the law-and-economics and civic virtue perspectives on the value of political information and their proposals for reforms in the political process that would stimulate greater political information. These two literatures are often viewed as distinct in their objectives: one seeking to improve means/ends rationality; the other seeking to improve goal formation - a function that I loosely describe as normative, ethical, or value-based. Nevertheless, they share some common practical approaches where information is concerned. In Part Ill, I shall discuss the instrumental advantages to limiting political information, focusing particularly on the role …

Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman

Michigan Law Review

In this article, I shall try to illuminate the question of how governments, as opposed to private insurers, grapple with the problem of intergenerational social irresponsibility. I shall do so by analyzing and criticizing a single public program. That program, the Michigan Education Trust (MET), was the most widely publicized government action in the field of higher education finance during the 1980s. MET allows parents of young children to purchase contracts promising to cover the children's tuition at Michigan public colleges when they enroll up to eighteen years later.

In setting forth this case study, I also attempt to develop …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.