Law Commons^™

A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader

Michigan Law Review

A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan

Rationalizing Regulatory Reform, Ernest Gellhorn

Michigan Law Review

A Review of Regulation and Its Reform by Stephen Breyer

Blest Be The Tie That Binds, Joan Heifetz Hollinger

Michigan Law Review

A Review of The New Family and the New Property by Mary Ann Glendon

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman

Roman Law Influence On The Civil Law, Charles Donahue Jr.

Michigan Law Review

A Review of The Making of the Civil Law by Alan Watson

The Marriage Contract, Michigan Law Review

Michigan Law Review

A Review of the The Marriage Contract by Lenore J. Weitzman

Law In Colonial America: The Reassessment Of Early American Legal History, Warren M. Billings

Michigan Law Review

A Review of Law and Society in Puritan Massachusetts: Essex County, 1629-1692 by David Thomas Konig, and Dispute and Conflict Resolution in Plymouth County, Massachusetts, 1725-1825 by William E. Nelson, and Faithful Magistrates and Republican Lawyers: Creators of Virginia Legal Culture, 1680-1810 by A.G. Roeber

Industry Influence In Federal Regulatory Agencies, Michigan Law Review

Michigan Law Review

A Review of Industry Influence in Federal Regulatory Agencies by Paul J. Quirk

Louis D. Brandeis And The Progressive Tradition, Michigan Law Review

Michigan Law Review

A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky

Prohibitive Policy: Implementing The Federal Endangered Species Act, Michigan Law Review

Michigan Law Review

A Review of Prohibitive Policy: Implementing the Federal Endangered Species Act by Steven Yaffee

Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review

Michigan Law Review

A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore

Regulation In Perspective: Historical Essays, Michigan Law Review

Michigan Law Review

A Review of Regulation and Perspective: Historical Essays edited by Thomas K. McCraw

Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau

Michigan Law Review

A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger

Inheritance, Wealth, And Society, Michigan Law Review

Michigan Law Review

A Review of Inheritance, Wealth, and Society by Ronald Chester

Poor People's Lawyers In Transition, Michigan Law Review

Michigan Law Review

A Review of Poor People's Lawyers in Transition by Jack Katz

Trade Restrictions, Federalism, And The Judiciary: Comparative Perspectives, Mackenzie Stuart

Michigan Law Review

A Review of Courts and Free Markets: Perspectives From the United States and Europe edited by Terrance Sandalow and Eric Stein

So Reason Can Rule, Michigan Law Review

Michigan Law Review

A Review of So Reason Can Rule by Scott Buchanan

Reforming American Antitrust In Foreign Commerce, James A. Rahl

Michigan Law Review

A Review of Antitrust and American Business Abroad (Second Edition) by James R. Atwood and Kingman Brewster

European Merger Control: Legal And Economic Analyses On Multinational Enterprises, Volume 1, Michigan Law Review

Michigan Law Review

A Review of European Merger Control: Legal and Economic Analyses on Multinational Enterprises, Volume 1 edited by Klaus Hopt

Punishment By Imprisonment: Placing Ideology Into Concrete, David A. Ward

Michigan Law Review

A Review of Imprisonment in America: Choosing the Future by Michael Sherman and Gordon Hawkins

A Book Review With An Eye To Ethics, William H. Erickson

Michigan Law Review

A Review of The Best Defense by Alan M. Dershowitz

In The Belly Of The Beast: Letters From Prison, Michigan Law Review

Michigan Law Review

A Review of In the Belly of the Beast: Letters from Prison by Jack Henry Abbott

In Defense Of Equality: A Reply To Professor Westen, Erwin Chemerinsky

Michigan Law Review

Part I of this essay analyzes Professor Westen's arguments that the concept of equality is unnecessary. My contention is that Professor Westen never demonstrates that equality is meaningless; his arguments only prove the obvious, that equality by itself is insufficient. Part II argues that equality is a necessary principle: It is the only concept that tells us that different treatment of people does matter. Part III addresses Professor Westen's suggestion that equality is misleading and points out that none of his criticisms of the idea of equality are in any way inherent to that concept. Finally, Part IV demonstrates that …

The Meaning Of Equality In Law, Science, Math, And Morals: A Reply, Peter Westen

Michigan Law Review

I shall set forth my thesis in Part I, using the Declaration of Independence ("all men are created equal") to illustrate that the emptiness of equality inheres in its very meaning, and that the confusions of equality result from neglecting its meaning. In Part II, I respond to Professors Chemerinsky's and D' Amato's reasons for believing that equality has independent normative content of its own. In Part III, I respond to Professor Chemerinsky's separate reasons for believing that equality is rhetorically useful.

The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review

Michigan Law Review

Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …

Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review

Michigan Law Review

This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.

Is Equality A Totally Empty Idea?, Anthony D'Amato

Michigan Law Review

Professor Peter Westen's essay asserting that the concept of equality has no substantive content whatsoever usefully brushes aside much of the equal-protection rhetoric that, as Westen carefully explains, appropriately belongs to substantive due process. However, his absolutist position is open to challenge. I would like to posit one hypothetical case that I used in my classes when I taught Constitutional Law that I think contradicts Professor Westen's thesis. If it does, then there will be other cases as well, and his position cannot stand as the logically tight construct that he repeatedly asserts that it is.

The Constitutional Status Of Marriage, Kinship, And Sexual Privacy -- Balancing The Individual And Social Interests, Bruce C. Hafen

Michigan Law Review

Today's lopsided competition between the individual and social interests has made the law a party to the contemporary haze that clouds our vision of what a family is or should be. In that sense, recent legal developments have contributed to the crisis Stanley Hauerwas has identified regarding American family life today - our inability to define "what kind of family should exist" and our inability to articulate ''why we should think of [the family] as our most basic moral institution."

In response to those two questions, this Article considers whether, as a constitutional matter, the courts should recognize claims by …