Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

University of Michigan Law School

Book Gallery

Articles 1 - 30 of 61

Full-Text Articles in Law

A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos Jan 2015

A Nation Of Widening Opportunities: The Civil Rights Act At 50, Ellen D. Katz, Samuel R. Bagenstos

Books

The Civil Rights Act of 1964 was an extraordinary achievement of law, politics, and human rights. On the fiftieth anniversary of the Act's passage, it is appropriate to reflect on the successes and failures of the civil rights project reflected in the statute, as well as on its future directions. This volume represents an attempt to assess the Civil Rights Act's legacy.

On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five ...


The Ideal Deal: How Local Governments Can Get More For Their Economic Development Dollar, Rachel Weber, David Santacroce Jan 2007

The Ideal Deal: How Local Governments Can Get More For Their Economic Development Dollar, Rachel Weber, David Santacroce

Books

This handbook is designed to provide local economic development practitioners with an important tool. It takes the reader step-by-step through the different elements of contracts that treat public incentive packages as a quid pro quo for public benefits. Each section discusses a different element of the ideal deal: valuation of public costs and benefits, performance standards, disclosure and oversight, and enforcement. In each section we provide detailed examples of model provisions used by local governments in their incentive legislation, ordinances, and contracts -- information that has not before been obtained or recorded in any systematic way. These examples are meant to ...


Digital Copyright, Jessica D. Litman Jan 2006

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of ...


William W. Cook: Articles From Law Quad Notes About William W. Cook, Margaret A. Leary Jan 2006

William W. Cook: Articles From Law Quad Notes About William W. Cook, Margaret A. Leary

Books

This collection of articles published from 2002-2004 is the embryo of a biography I hope to complete so that full information about the life and times of William W. Cook (1858- 1930) is accessible. Cook was important to the University of Michigan and its Law School because he gave virtually all of his considerable fortune to the Law School, and was the first individual to give so much.


Professional Responsibility, Nicholas Rine, Ly U. Meng Jan 2000

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any ...


Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers Jan 1991

Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers

Books

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $35,000 from college and law school have become the norm and debts of $40,000, $50,000 and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a vastly faster pace than the initial salaries at small law firms and government agencies. They have even risen at a faster pace than the initial salaries in many large firms ...


Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green Jan 1985

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other ...


The University Of Michigan: Its Legal Profile, William B. Cudlip Jan 1969

The University Of Michigan: Its Legal Profile, William B. Cudlip

Michigan Legal Studies Series

Inspiration for the preparation of this volume came from reading two sections of Volume I of the four-volumes published in 1942 entitled, The University of Michigan-An Encyclopedic Survey. One section by E. Blythe Stason, Dean Emeritus of the University's Law School, is captioned "The Constitutional Status of the University of Michigan." The other section captioned "The Organization, Powers and Personnel of the Board of Regents" was prepared by the Dean and the late Wilfred B. Shaw, long connected with the University in important administrative capacities and intimately acquainted with its history.

The material here presented duplicates in part that ...


Comparative Conflict Resolution Procedures In Taxation: An Analytic Comparative Study, L. Hart Wright, Jean Van Houtte, Pierre Kerlan, Helmut Debatin, James Arthur Johnstone, H. Schuttevaer, Elizabeth G. Brown Jan 1968

Comparative Conflict Resolution Procedures In Taxation: An Analytic Comparative Study, L. Hart Wright, Jean Van Houtte, Pierre Kerlan, Helmut Debatin, James Arthur Johnstone, H. Schuttevaer, Elizabeth G. Brown

Michigan Legal Studies Series

Tax administrators in well developed countries rarely have either occasion or opportunity to compare experiences or exchange opinions regarding procedures and practices utilized in administering complicated tax laws. Moreover, there is little comparative literature on the subject. Even the tax institutes which are internationally oriented usually focus on substantive tax principles, not procedures and practices. Hopefully, therefore, administrators in highly developed countries will find useful this analytic comparison of practices and procedures through which six of their number resolve disputable income tax questions -administratively and judicially.

Concern for tax administrators in well developed countries, however, was not the prime motivation ...


Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Harold Karan Jacobson, Eric Stein Jan 1966

Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Harold Karan Jacobson, Eric Stein

Michigan Legal Studies Series

This study began in 1961 as a limited attempt to assess the impact of science and modern technology on the negotiating process and concepts of international organization, using the test ban negotiations then in progress as a case study. When the Moscow Treaty was signed, however, it seemed wise to broaden the focus and to capture as many of the details as we could that might help to explain this first formal arms control agreement between East and West in the nuclear age. Our analysis is clearly not definitive, but hopefully, it will be a useful source, even after all ...


Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults Jan 1965

Civil Code Of The Russian Soviet Federated Socialist Republic: An English Translation, Whitmore Gray, Raymond Stults

Books

This book is an English translation of the Soviet Civil Code as published in Sovetskaia Iustitsiia in 1964. This book also includes the Russian original.


The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel Jan 1964

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another ...


British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown Jan 1964

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the need for ...


Automobile Accident Costs And Payments: Studies In The Economics Of Injury Reparation, Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, Robert L. Bombaugh Jan 1964

Automobile Accident Costs And Payments: Studies In The Economics Of Injury Reparation, Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, Robert L. Bombaugh

Michigan Legal Studies Series

The report is presented as a pool of data which will serve many purposes. First of all, the report furnishes a perspective on the largeness and the smallness of the reparation process, and of its many parts. Second, the report supplies much more specific information than has ever before been available on many points, such as the high or low level of reparation in relation to losses; the number of people who get paid, and those who receive nothing; the levels of legal expense, including attorneys' fees. Third, it will furnish a guide for future research directed to narrower questions ...


Soviet Legal Institutions: Doctrines And Social Functions, Kazimierz Grzybowski Jan 1962

Soviet Legal Institutions: Doctrines And Social Functions, Kazimierz Grzybowski

Michigan Legal Studies Series

This book represents the highlight of a career of scholarship by its author and a most significant contribution to the literature, which will bring to those who seek it an understanding of the role law plays in Soviet Russia. More important, it will bring that understanding in a comparative context which sharpens the impact and compels a careful analysis of the social function legal institutions perform in both systems. Though Soviet jurists may deny the validity of comparative methodology as applied to the Soviet legal order, the analysis which is here presented proves not only that comparisons are possible but ...


Fraud On The Widow’S Share, W. D. Macdonald Jan 1960

Fraud On The Widow’S Share, W. D. Macdonald

Michigan Legal Studies Series

This study seeks the answer to a troublesome question: What should be done about gratuitous inter vivos transfers in alleged "evasion" of the widow's statutory share? My thesis is that the statutory share should be replaced by the type of decedent's family maintenance legislation found in the British Commonwealth, and that this legislation should be buttressed with anti-evasion provisions. Inter vivos "evasions" seem to be a permanent and increasingly serious concomitant of our forced share system. Part I, dealing with matters of policy, explores the chief aggravating factors. These factors include the high rate of remarriage, which induces ...


The Conflict Of Laws: A Comparative Study, Second Edition. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel Jan 1960

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

The second volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1947. This new edition completes the plan to revise the first two volumes, as arranged with the approval of the author before his death on September 7, 1955. Pursuant to this plan, the present edition has been made possible through the continued support of the work by the University of Michigan Law School and the generous cooperation of the Max Planck-Institut für aüslindisches und internationales Privatrecht in Hamburg, in making available the competent services of a member of the staff of the ...


American Enterprise In The European Common Market: A Legal Profile. Volume 2., Eric Stein, Thomas L. Nicholson Jan 1960

American Enterprise In The European Common Market: A Legal Profile. Volume 2., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of ...


American Enterprise In The European Common Market: A Legal Profile. Volume 1., Eric Stein, Thomas L. Nicholson Jan 1960

American Enterprise In The European Common Market: A Legal Profile. Volume 1., Eric Stein, Thomas L. Nicholson

Michigan Legal Studies Series

The rapid expansion of international trade during the past fifteen years has confronted the American business counselor with a great variety of new problems. Solutions to these problems were not expounded to him in his pre-war legal education, nor are they to be found in the rich proliferation of advance sheets, digests, and loose-leaf services with which the modern American lawyer is blessed. When he turns to foreign counsel, he finds that a lack of common legal background makes meaningful professional communication difficult. This book has been prepared with the primary purpose of helping those American lawyers who, because of ...


Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce Jan 1959

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers ...


Legal Education At Michigan, 1859-1959, Elizabeth G. Brown Jan 1959

Legal Education At Michigan, 1859-1959, Elizabeth G. Brown

Books

First opening its doors in 1859, the University of Michigan Law School has now accumulated a full century of experience in educating young men and young women for the practice of law. Two years ago, the law faculty, taking note of the approach of the Centennial year, established a research project under the financial auspices of the William W. Cook Endowment Fund, in order to engage in a serious study of all aspects of the school's activities down the years, and to prepare a complete and definitive report on this first century of history. In charge of the project ...


Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse Jan 1959

Constitutional Uniformity And Equality In State Taxation, Wade J. Newhouse

Michigan Legal Studies Series

The method of approach and arrangement of materials are developed during the course of the monograph. Therefore, it is not necessary to repeat them here. The purpose of the study is twofold. First, it should provide background material for constitutional revision. Second, it should aid counsel and court in deciding cases arising under existing constitutional limitations and state legislatures in drafting tax measures in such a way that pitfalls in existing limitations are avoided. The greater part of this monograph was prepared during a two year period from June 1951 to 1953, while I was a Research Assistant with the ...


The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel Jan 1958

The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel

Michigan Legal Studies Series

With this fourth and final volume, the monumental survey of existing systems of conflicts law, initiated by the late Ernst Rabel in 1939 under the auspices of the American Law Institute but conducted after 1942 through the generous sponsorship of the University of Michigan Law School, is completed. It is most fortunate that, despite the fact that the present volume was prepared in various institutions during the years immediately preceding the author's death on September 7, 1955, he not only finished but also revised the proofs of the text; the various tables were later compiled at Ann Arbor.


The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel Jan 1958

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were ...


Foreign Personal Representatives, Banks Mcdowell Jr. Jan 1957

Foreign Personal Representatives, Banks Mcdowell Jr.

Michigan Legal Studies Series

In dealing with the legal rules affecting foreign personal representatives, the author of the present monograph is to be commended for the lucid analysis in the following pages of the principal questions that an executor or administrator appointed in one state will encounter in the administration of a single estate on a multi-jurisdictional basis: his right to sue and liability to suit in other states, the effects of his extra-legal action outside the state of his appointment, and the possibilities of reforming existing laws so as to make feasible a system of single administration of decedents' estates. This analysis is ...


Nonprofit Corporation Statutes: A Critique And Proposal, Ralph E. Boyer Jan 1957

Nonprofit Corporation Statutes: A Critique And Proposal, Ralph E. Boyer

Michigan Legal Studies Series

The nonprofit corporation has become an important factor in the social and economic life of the American people. The American predisposition to organization and affiliation has led to an enormous number of such organizations, which in itself is a significant factor. Further, many nonprofit corporations have become national and international entities yielding tremendous economic and political influence. In spite of these factors, however, these organizations have largely escaped the serious study and academic analysis so generously bestowed upon the regular business corporation. This study is directed at an analysis of the legal framework within which such organizations operate. Its aim ...


Integration Of Public Utility Holding Companies, Robert F. Ritchie Jan 1954

Integration Of Public Utility Holding Companies, Robert F. Ritchie

Michigan Legal Studies Series

The Public Utility Holding Company Act of 1935 was one of the most controversial pieces of legislation ever enacted by Congress, but despite this fact it has withstood numerous and vigorous attacks upon its constitutionality and, further, it has never been amended in any material respect. The Securities and Exchange Commission was confronted in 1935 with one of the most difficult administrative tasks in modern history. How it met and resolved the difficult problems of geographical and economic integration, arising under the so-called "death sentence" provisions of this Act, is the subject matter of this publication.

The research involved in ...


Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter Jan 1954

Perpetuities And Other Restraints: A Study Of The Michigan Statutes And Decisions Relating To Perpetuities And Other Devices Which Fetter The Alienability Of Property, Against The Background Of The Laws Of England And Other American Jurisdictions, William F. Frachter

Michigan Legal Studies Series

The central theme of this study comprises the judicial and legislative rules developed to restrict attempts by men of property to endow their families in perpetuity, usually with land, in such manner that each successive living generation can neither part with the property nor prevent unborn generations from succeeding to it. Part One deals with attempts to accomplish this object by bestowing the whole title on each living generation but denying each such generation the power to dispose of the property or to prevent its· descent to the next generation. In this part the principal restrictive rules are judicial, the ...


Retroactive Legislation Affecting Interests In Land, John Scurlock Jan 1953

Retroactive Legislation Affecting Interests In Land, John Scurlock

Michigan Legal Studies Series

Professor Scurlock's monograph covers an area of the law which is commonly by-passed in treatises and in classroom instruction. If we could merely tear Maitland's "seamless web" of the law and retain all the shreds, no part of the legal system would escape us. What we actually do, however, is to set up, in a more or less arbitrary fashion, numerous centers of legal classification, such as contracts, torts, property and constitutional law, to which closely related legal materials are attracted as to a magnet. But those legal materials which stand midway between two centers of attraction are ...


Administrative Agencies And The Court, Frank E. Cooper Jan 1951

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies ...