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University of Michigan Law School

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Articles 121 - 150 of 223

Full-Text Articles in Law

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

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Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.


Linking The Visions, Donald J. Herzog Jan 2000

Linking The Visions, Donald J. Herzog

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Professor Donald Herzog talks about his teaching and work.


Linking The Visions, Thomas A. Green Jan 2000

Linking The Visions, Thomas A. Green

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Professor Thomas Green talks about his teaching and work.


Linking The Visions, Phoebe C. Ellsworth Jan 2000

Linking The Visions, Phoebe C. Ellsworth

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Professor Phoebe Ellsworth talks about her teaching and work.


Linking The Visions, Christina B. Whitman Jan 2000

Linking The Visions, Christina B. Whitman

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Professor Christina Whitman talks about her teaching and her work.


Linking The Visions, Omri Ben-Shahar Jan 2000

Linking The Visions, Omri Ben-Shahar

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Professor Omri Ben-Shahar talks about his teaching and work.


In Praise Of Thermostats, John W. Reed Jan 2000

In Praise Of Thermostats, John W. Reed

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Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.


Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine Jan 2000

Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine

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Buy a new car that turns out to be a lemon and you may find you can't sue. Fine print in the sales contract often restricts you to arbitration. That means presenting your case before a private person instead of a judge and jury. And the arbitrator may be someone drawn from a panel compiled by the car seller.


Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider Jan 2000

Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider

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Over a century and a half ago, Alexis de Tocqueville famously said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Physician-assisted suicide superbly illustrates Tocqueville's acute observation. For a number of years, assisted suicide was the prototype of a (nonpartisan) political question. Interest groups brought it to public attention. Public discussion of it flourished. Legislatures debated it. Citizens in several states decided in referenda whether to make it legal. Almost suddenly, however, this classic political process was transformed into a judicial one by the startling and strongly stated …


The Changing Face Of Legal Education: Implications For The Practice Of Law And The Courts, John W. Reed Jan 1999

The Changing Face Of Legal Education: Implications For The Practice Of Law And The Courts, John W. Reed

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This is the last Conference of the Sixth Circuit in the 1900's. Though the Third Millennium technically does not begin until 2001, the turn of the "odometer" from the 1999 to 2000 leads us all to think of this as the end of a century and of a millennium. The pivotal date is yet sixth months away, but the pundits are already issuing their lists, both profound and trivial - the greatest inventions, the best books, the worst natural catastrophes, the trial of the century (of which there are at least a half dozen), the most influential thinkers, and on …


Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg Jan 1998

Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg

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As a teenager, I had a passion for studying foreign languages. I loved immersing myself in an unfamiliar idiom, struggling to make sense of another system for parsing words and sentences to describe experiences and observations. I reveled in subtle differences in the meaning of words that were sometimes, but not always, equivalents in translation. Most intriguing of all were the occasional insights I gained into the limitations of my own language when I recognized that a foreign locution simply has no English equivalent.


Focus On Faculty, Richard D. Friedman Jan 1998

Focus On Faculty, Richard D. Friedman

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Professor Richard Friedman talks about his scholarship and work.


Focus On Faculty, William I. Miller Jan 1998

Focus On Faculty, William I. Miller

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Of late my interests, by free association and devious paths, have shifted to the emotions, especially those passions that accompany our moral and social failures.


What We Know, James Boyd White Jan 1998

What We Know, James Boyd White

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The editors of Cardozo Studies in Law and Literature, and its contrib­utors too, deserve congratulations for its ten years of most successful life. & a small contribution to this moment of celebration I should like to suggest a particular line of thought about what the reading of literature helps us to see about law.


Article 5 - Recent Developments, James J. White Jan 1997

Article 5 - Recent Developments, James J. White

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I. Mitigation in Letter of Credit Transactions Assume a Buyer has procured a letter of credit to pay for contracted goods but no longer wants the goods. The Buyer and the Issuer would like to force the Beneficiary to mitigate. Assume that both the Issuer and Applicant repudiate their obligation or that the Applicant has failed and the Issuer repudiates its obligation to pay under the letter of credit. At the moment of repudiation the price for a gallon of the underlying oil that is the subject of the letter of credit is $.75 and that the letter of credit …


Comments At The 1997 Aals Annual Meeting: Consumer Protection And The Uniform Commercial Code, James J. White Jan 1997

Comments At The 1997 Aals Annual Meeting: Consumer Protection And The Uniform Commercial Code, James J. White

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As Jean [Braucher]' said, I have served on several committees in connection with the revisions of Articles 2, 2A, and 5. I am now on a committee of uncertain obligation that is going to review the NCCUSL draft of Article 2 for the American Law Institute. I was the reporter-an awful task, if anybody ever asks you to do that, you should think about it once or twice-for Article 5. I think service as the reporter for Article 2 might kill Dick Speidel by the time he is done.


Does Time Make Ancient Good Uncouth?, John W. Reed Jan 1997

Does Time Make Ancient Good Uncouth?, John W. Reed

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The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …


Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray Jan 1997

Copyright And International Trips Compliance (Symposium: Fifth Annual Conference On International Intellectual Property Law And Policy), Shira Perlmutter, Jerome H. Reichman, Whitmore Gray

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MS. PERLMUTTER: We have heard today about copyright in two different regions of the world, in Central and Eastern Europe' and in China. In recent years there has been an increasing convergence in the substance of national laws in different regions of the world. One of the major factors has been the TRIPs Agreement? I will focus on the current efforts toward implementing the TRIPs Agreement, and this will be a procedure-oriented talk.


Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman Jan 1997

Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman

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The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.


Ucc Proposals Concerning Consumer Transactions, James J. White Jan 1997

Ucc Proposals Concerning Consumer Transactions, James J. White

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Professor Grant Gilmore once suggested that farmers would like a two section law. Section one would state "It shall be against the law to refuse to lend money to a farmer." Section two would state "It shall be against the law to collect a debt from a farmer." In a similar vein one might state the iron rule of consumer law, namely "No right that has ever been granted to a consumer, however ill considered and unjustified, may thereafter be withdrawn." Believing that some of the proposals for consumer protection that have been added in Revised Article 9 are not …


Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

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A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …


Harmonizing The Policy Of The Bankruptcy Code And Article 9, Edwin E. Smith, Elizabeth Warren, James J. White Jan 1996

Harmonizing The Policy Of The Bankruptcy Code And Article 9, Edwin E. Smith, Elizabeth Warren, James J. White

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In a true sense bankruptcy law--at least as represented by the 1978 Code--is in conflict, not in harmony, with Article 9. To a considerable degree (perhaps more than they realize) debtors and unsecured creditors got things they wanted from Congress by the adoption of the Bankruptcy Reform Act of 1978. It is doubtful that that Act could have been passed in any Congress before or since. In many ways, the rights of the debtor and of the unsecured creditors have been cut back since the adoption of the Bankruptcy Reform Act.


Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White Jan 1996

Letters Of Credit: Highlights Of Revised Article 5, Edwin E. Smith, James J. White

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1. Under what circumstances is it bad faith for an issuer to honor a letter of credit in the face of an applicant's offer of proof of fraud by the beneficiary? 2. What is the issuer's obligation where there is a waiver by the applicant that the issue chooses not to honor? 3. What are the rights of transferees of transferable letters of credit and assigness of proceeds?


Faculty Spotlight, Nicholas J. Rine Jan 1996

Faculty Spotlight, Nicholas J. Rine

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Professor Nicholas Rine talks about his teaching and work.


Faculty Spotlight, Grace C. Tonner Jan 1996

Faculty Spotlight, Grace C. Tonner

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Professor Grace Tonner talks about her teaching and work.


Faculty Spotlight, Michael Heller Jan 1996

Faculty Spotlight, Michael Heller

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Professor Michael Heller talks about his teaching and research.


The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White Jan 1996

The Intersection Of Articles 2 And 9, Steven L. Harris, James J. White

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I. Standard Form Contracts II. Buyer in Ordinary Course; Prepaying Buyer III. Consignments IV. Seller's Right to Reclaim Delivered Goods


A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White Jan 1996

A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White

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The editors of the Journal invited me to review James Boyd White's Acts of Hope. In response I proposed inviting Professor White to join me in a conversation about his work. First the editors and then he accepted the proposal. Professor White and I agreed that we might call a halt to this experiment at any time because we would not subvert our friendship in the attempt to enact an instance of it in print. The editors accepted the risk that we might at last have no pages for them. - MSB


Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow Jan 1995

Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow

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The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …


The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White Jan 1995

The Intersections Of Articles 2 And 9: Recommendations For Clarification And Revisions, Richard E. Speidel, James J. White

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Both Article 2, Sales and Article 9, Secured Transactions are under revision. The process of coordination is underway, but there is still much work to do. The following materials identify the major issues at the intersections and some tentative solutions. All references are to the 1990 Official Text of the Uniform Commercial Code unless otherwise stated. When stated, references are to the October, 1995 Draft of Article 2 and the July, 1995 Draft of Article 9.