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Articles 61 - 86 of 86
Full-Text Articles in Law
International Law: Process And Prospect, Linda A. Shoemaker
International Law: Process And Prospect, Linda A. Shoemaker
Michigan Law Review
A Review of International Law: Process and Prospect by Anthony D'Amato
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
Human Rights And International Relations, Sandip Bhattacharji
Human Rights And International Relations, Sandip Bhattacharji
Michigan Law Review
A Review of Human Rights and International Relations by R.J. Vincent
Hot Air In The Redwoods, A Sequel To The Wind In The Willows, William Twining
Hot Air In The Redwoods, A Sequel To The Wind In The Willows, William Twining
Michigan Law Review
A Review of Hot Air in the Redwoods by Kenneth Graham, Jr.
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot
The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot
Michigan Law Review
A Review of The Role of State Supreme Courts in the new Judicial Federalism by Susan P. Fino
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
The Politics Of Predicting Criminal Violence, Sheri Lynn Johnson
Michigan Law Review
A Review of The Prediction of Criminal Violence by Fernand N. Dutile and Cleon H. Foust
Reexamining The Law Of Rape, Janet E. Findlater
Reexamining The Law Of Rape, Janet E. Findlater
Michigan Law Review
A Review Real Rape by Susan Estrich
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
Michigan Law Review
A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom
Democratic Education, Jonathan Marks
Democratic Education, Jonathan Marks
Michigan Law Review
A Review of Democratic Education by Amy Gutmann
Families In Peril, Nellie Pappas
Families In Peril, Nellie Pappas
Michigan Law Review
A Review of Families in Peril by Marian Wright Edelman
Adventures In Finance, Deborah A. Demott
Adventures In Finance, Deborah A. Demott
Michigan Law Review
A Review of Finance and Industrial Performance in a Dynamic Economy: Theory, Practice, and Policy by Merritt B. Fox
Public Prayer And The Constitution, Ethan M. Posner
Public Prayer And The Constitution, Ethan M. Posner
Michigan Law Review
A Review of Public Prayer and the Constitution by Rodney K. Smith
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Michigan Law Review
A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
Michigan Law Review
A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz
A Micro-Microeconomic Approach To Antitrust Law: Games Managers Play, Harry S. Gerla
A Micro-Microeconomic Approach To Antitrust Law: Games Managers Play, Harry S. Gerla
Michigan Law Review
If we are to gain an accurate perspective on the impact of antitrust laws and policies on the behavior of firms in the real world, we must adopt a micro-microeconomic approach which focuses not on how rational, profit-maximizing firms will theoretically behave, but upon how late twentieth-century American managers and executives actually behave. This article attempts to begin that task.
Part I of this article examines the justifications for focusing on individual managers rather than profit-maximizing firms as the key actors in antitrust law. Part II looks at contemporary management mores and practices and develops some generalized "rules of the …
Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald
Labor Law's Alter Ego Doctrine: The Role Of Employer Motive In Corporate Transformations, Gary Alan Macdonald
Michigan Law Review
This Note examines the differing judicial approaches for reviewing NLRB alter ego findings, and concludes that a fundamental problem with all of the current approaches is the unwarranted consideration of motive in varying degrees. This Note proposes a modified "reasonably foreseeable benefit" standard which does not depend in any degree on the employer's motive for changing its corporate form. Part I discusses the origin and evolution of the alter ego doctrine, including its genesis in Southport Petroleum, the well-settled Crawford Door factors, and the related "successorship" doctrine. Part II analyzes the conflict among the federal courts of appeals over …
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann
Michigan Law Review
This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory langμage and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial economy, …
The Jurisprudence Of Skepticism, Richard A. Posner
The Jurisprudence Of Skepticism, Richard A. Posner
Michigan Law Review
The skeptical vein in American thinking about law runs from Holmes to the legal realists to the critical legal studies movement, while behind Holmes stretches a European skeptical legal tradition that runs from Thrasymachus (in Plato's Republic) to Hobbes and Bentham and beyond. Against the skeptics can be arrayed a vast number of natural lawyers, legal conventionalists, and formalists, including Cicero, Coke, Blackstone, and Langdell, not to mention the majority of contemporary lawyers, judges, and law professors. This article will set forth and defend a moderately skeptical approach to law and judging, one not so far-reaching as that of …
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Michigan Law Review
Participation is again in the air. Apparently fueled by current debates concerning decentralized power and republican versus pluralist traditions in our political and legal theory, those concerned with political decisionmaking have turned their attention to calls for increased public involvement in the process. As has been true in the past, the objectives of those who advocate increased participation are by no means uniform. Some stress the positive effects that broad participation would have on individual participants. The primary function of participation in these accounts lies in its educative value, its capacity to produce a more informed, hence more self-sufficient, citizenry. …
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Michigan Law Review
The main purpose of this article is to sound a pair of themes about the ways in which these great changes in the nature of wealth have become associated with changes of perhaps comparable magnitude in the timing and in the character of family wealth transmission. My first theme, developed in Part II, concerns human capital. Whereas of old, wealth transmission from parents to children tended to center upon major items of patrimony such as the family farm or the family firm, today for the broad middle classes, wealth transmission centers on a radically different kind of asset: the investment …
Prejudice, Politics, And Proof, Peter Tillers
Prejudice, Politics, And Proof, Peter Tillers
Michigan Law Review
In the last fifteen years there has been a great resurgence of interest in fundamental theoretical analysis of the nature of factual proof in litigation. Many serious scholars, both in the law school world and outside it, have turned their energies in this direction. William L. Twining, Quain Professor of Jurisprudence at University College London, has been a major figure in this growing movement. He recently published a painstaking and scholarly study of Bentham's and Wigmore's theories of evidence, inference, and proof in adjudication. This book is part of Twining's broader, long-term effort to develop a general theoretical framework for …
Federal Agency Treatment Of Uncertainty In Environmental Impact Statements Under The Ceq's Amended Nepa Regulation § 1502.22: Worst Case Analysis Or Risk Threshold, Charles F. Weiss
Michigan Law Review
This Note traces the judicial and administrative treatment of uncertainty under NEPA and supports the CEQ's replacement of worst case analysis with a qualitative probability threshold. Part I discusses the development of reasonableness standards in NEPA common law to define agency obligations prior to promulgation of the worst case analysis regulation. Part II reviews the worst case analysis regulation and its judicial construction. Finally, Part III outlines the amended regulation, which replaces worst case analysis with a probability threshold employing the rule of reason to limit EIS discussion to environmental effects shown through credible scientific evidence to be reasonably foreseeable. …
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
The Rhetoric Of Law And Economics, Donald N. Mccloskey
The Rhetoric Of Law And Economics, Donald N. Mccloskey
Michigan Law Review
Economics and law have contrasting rhetorics, which is one reason perhaps why economics has become influential in law. It is a new way of arguing, and lawyers are on the watch for new ways of arguing.
These "rhetorics" are not always bad. "Rhetoric" here is not merely ornament and trickery, but all persuasion, from arithmetic to moral character. We humans must decide what arguments we find persuasive. The lawyer's appeal to stare decisis or the economist's claim to scientific status are rhetorical acts, good or bad. I want to argue that economics is a sweet science, but the rhetoric of …