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Full-Text Articles in Law

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine Nov 1987

At-Will Employment And The Handsome American: A Case Study In Law And Social Psychology, Theodore J. St. Antoine

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The past decade has seen a genuine revolution in employment law, as some forty American jurisdictions, in square holdings or strong dictum and on one or more diverse theories, have modified the conventional doctrine whereby employers "may dismiss their employees at will...for good cause, for no cause or even for cause morally wrong." In this paper I shall briefly review the theories most frequently invoked by the courts in dealing with wrongful dismissal and indicate their deficiencies as a permanent solution for the problem. Next, I shall summarize the major arguments for and against the doctrine of employment at will. …


The Best Of Times, John W. Reed Jan 1987

The Best Of Times, John W. Reed

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As an academic I have occasion to visit from time to time with a wide variety of lawyers, lawyers of many types and interests: with plaintiffs' lawyers, defense counsel, insurance lawyers, house counsel; with lawyers who deal in family law, banking and corporate lawyers, anti-trust lawyers, legal aid lawyers; and on and on. And no matter whom I meet with, no matter what kind of practice or specialty, the one common theme I encounter in those discussions is concern about change, and the rate of change. Change in the applicable law itself. Change in the way that kind of law …


Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White Jan 1987

Constructing A Constitution: 'Orginal Intention' In The Slave Cases, James Boyd White

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The question how our Constitution is to be interpreted is a living one for us today, both in the scholarly and in the political domains. Professors argue about "interpretivism" and "originalism" in law journals, they study hermeneutics and deconstruction to determine whether or not interpretation is possible at all, and if so on what premises, and they struggle to create theories that will tell us both what we do in fact and what we ought to do. Politicians and public figures (including Attorney General Edwin Meese) talk in the newspapers and elsewhere about the authority of the "original intention of …


Professional Education Then And Now: Law, Elizabeth Gaspar Brown Jan 1987

Professional Education Then And Now: Law, Elizabeth Gaspar Brown

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The Law Department, the third of those mandated by the state statute of 1837, commenced to function on October 3, 1859. In the morning the three-member law faculty met and elected James Valentine Campbell, an Associate Justice of the Michigan Supreme Court, as its dean. In the afternoon, Campbell delivered an address "On the Study of Law" to a crowd of faculty, students, and visitors in the Ann Arbor Presbyterian Church.

The next morning, 90 students - 60 from Michigan, 29 from other states of the Union, and one from Canada - assembled for the first lecture in the prescribed …