Law Commons^™

Vol. 52, No. 6, December 4, 2001, University Of Michigan Law School

Res Gestae

•Yearbooks through the Years •A Comment on Career Services •Letter to the Editor •Keeping Up With Generation PlayStation •The Insider •Form and Substance in Law Journal Publication (Part II)* •Two Movies to See •This Year's 10 Best Albums •Behind the Shadows •Crossword

The Economic Analysis Of Evidence Law: Common Sense On Stilts, Richard O. Lempert

Articles

There was a time when the empire of Law was not overrun by economists. The economists had their own fiefdoms to be sure-there was the Duchy of Antitrust and the Kingdom of Regulatory Law-but the economists lived in peace within these borders, welcoming many unlike themselves into their midst, only gently proselytizing their students in the first few classes of a term, and swearing fealty to the law. It is true that a few marauders from beyond the borders saw the wealth of the empire and sought to colonize it, but even the most daring, Archbishop Coase and Duke Gary …

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …

Vol. 52, No. 5, November 13, 2001, University Of Michigan Law School

Res Gestae

•What's in a Name? •The Rant •Wide World of Workshops •Form and Substance in Law Journal Publication •The Insider •Point Shmoint •New CDs •Fore! •The Island: More Tempting Than Ever

Why The Corporate Amt Should Be Retained, Reuven S. Avi-Yonah

Articles

The corporate AMT is under attack. Repeal has been proposed by the White House, endorsed by the ABA/AICPA/TEI tax simplification project, and included in the stimulus bill passed by the House of Representatives. Repeal is supported on two principal grounds: That the corporate AMT increases complexity, and that it is pro-cyclical.

Vol. 52, No. 4, October 30, 2001, University Of Michigan Law School

Res Gestae

•Dangerous Times: Use Caution •Homeland Security: Get Real! •T.M.C.- This Man Contributed •The Insider •Making a Point: How to Give the Ho a Southwest Beatdown •The Voice of Satan •Restaurants for When Someone Else is Paying •Crossword

Vol. 52, No. 3, October 16, 2001, University Of Michigan Law School

Res Gestae

•Editorial: Anthrax •Taking Sound Bites Seriously •Things that make you go hmm… •Japanese in Ann Arbor •The Insider •Buffy Reruns Rock •Crossword

Vol. 52, No. 2, October 2, 2001, University Of Michigan Law School

Res Gestae

•Editorial: listserv •Why I Like U of M Law So Far •Everything You Always Wanted to Know About OCI But Were Afraid to Ask •Corporate "Firmin"- "spray 'em with Raid!" •Cheap Eats in Ann Arbor •Thoughts on HBO's Epic Miniseries Band of Brothers •The Insider •The Major Postseason Awards •Crossword

Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School

Res Gestae

•'Til Tuesday •Human Spirit •In the Wake of the News •Apocalypse When •Never the Same Again •The Case for Rage and Retribution •Video Crop Anemic •The Insider •Crossword

Tax Competition And E-Commerce, Reuven S. Avi-Yonah

Articles

In the last four years, there has been increasing concern by developed countries about the potential erosion of the corporate income tax base by "harmful tax competition" (in the European Union since 1997, in the OECD since 1998). However, the data on tax competition available to date present a mixed and somewhat puzzling picture. On the one hand, there is considerable evidence that effective corporate income tax rates in many countries have been declining, and that the worldwide effective tax rates on multinational enterprises (MNEs) have been going down as well. On the other hand, macroeconomic data from developed countries …

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

Articles

In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …

Experts, Carl E. Schneider

Articles

George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …

Vol. 51, No. 11, April 10, 2001, University Of Michigan Law School

Res Gestae

•Affirming Affirmative Action •Culinary Wrestling, Palm Beach Style •Watch These Shows… PLEASE!!! •The Insider •Three Second Memory •Steven Segal •Memories of First Year •Think •Psychic •Airplane •Blacklist •Interview •Finals Rant •Crossword

Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School

Res Gestae

•Ave Maria Signs Lehman •Grades Shock Students •Basking in the Blue Glow •Rick's Under New Management •The Outsider •New Clinic Course Announced •Impress Your Friends

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

Articles

The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …

Vol. 51, No. 9, March 13, 2001, University Of Michigan Law School

Res Gestae

•Political Outlook 2002 •The Insider •Three Second Memory… Thoughts from Class •Bull's Blood and Pickle Soup are Good for You •Poor Man's Movie Theater •On How (Parisian) Life Is •Indiana Rules of Court •Crossword

Vol. 51, No. 8, February 6, 2001, University Of Michigan Law School

Res Gestae

•A Legacy of Lies •Getting in Touch with Your Food •The Insider •Three Second Memory… Thoughts from Class •Poor Man's Movie Theater •Save the Last Dance- Or Do We Really Want It? •Of Human Bondage •Judged in the Supreme Court of Fashion •Crossword

Vol. 51, No. 7, January 23, 2001, University Of Michigan Law School

Res Gestae

•Fire the Coach? •Italy in the Midwest? A Night Out at Gratzi •The Insider •The Second Memory… Thoughts from Class •A Yes, a No and a Maybe

The Nlra: A Call To Collective Bargaining, Theodore J. St. Antoine

Other Publications

A century ago the legal specialty of most members of this audience would have been known as Master and Servant Law. By the time my generation entered law school, the Decennial Dgest had just added a new topic - Labor Relations Law. That of course dealt with collective bargaining and union-management relations generally. Now, a half century further along, we might seem to have come full circle, to judge by the lectures of the two eminent jurists who inaugurated this series. Both Abner Mikva and Richard Posner spoke on highly important and timely subjects, and yet those would be classified, …

The University Of Michigan Law Library, University Of Michigan Law School

Law Library Publications

An informational pamphlet about the University of Michigan Law Library highlighting physical attributes, research, and technology.

University Of Michigan Law School, University Of Michigan Law School

Miscellaneous Law School History & Publications

Small pamphlet containing 2001-2002 notable statistics of the Law School, including enrollment, tuition, placement, faculty, and library.

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

Dicta, the Law School Literary Journal, would like to thank all those who submitted work and all those who contributed in any way to the publishing of the journal.

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Seventh Edition, Thomas G. Oatmen

Law Library Publications

This bibliography, now in its seventh edition, is a subject arrangement of selected English language treatises, looseleaf services and form books in the University of Michigan Law Library, current through 2001.

The goal of the bibliography is to list books that provide a starting point for legal research in major areas of American law. It includes only works published since 1990 or those kept current via looseleaf or other supplementation. Books that are kept up-to-date by some sort of supplementation are indicated by a hyphen following the publication date, e.g., "1949-". The bibliography excludes casebooks, journals, popular works and encyclopedias. …

Miranda And Some Puzzles Of 'Prophylactic' Rules, Evan H. Caminker

Articles

Constitutional law scholars have long observed that many doctrinal rules established by courts to protect constitutional rights seem to "overprotect" those rights, in the sense that they give greater protection to individuals than those rights, as abstractly understood, seem to require.' Such doctrinal rules are typically called "prophylactic" rules.2 Perhaps the most famous, or infamous, example of such a rule is Miranda v. Arizona,' in which the Supreme Court implemented the Fifth Amendment's privilege against self-incrimination4 with a detailed set of directions for law enforcement officers conducting custodial interrogations, colloquially called the Miranda warnings. 5

Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel

Articles

When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …

Class Action Advice In The Form Of Questions, Edward H. Cooper

Articles

The opportunity to offer advice to those who are considering the adoption or modification of class or group action procedures for other legal systems is both welcome and distracting. It is welcome because it forces a change of perspective in the attempt to contemplate adaptation of United States practice to different cultures, political structures, substantive laws, and courts with dissimilar surrounding procedures. It is distracting because there are so many different levels of possible comparison that the choice of perspective must be tailored to the immediate occasion. It is tempting to take on the most important sets of questions-for example, …

Race, Peremptories, And Capital Jury Deliberations, Samuel R. Gross

Articles

In Lonnie Weeks's capital murder trial in Virginia in 1993, the jury was instructed: If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt, either of the two alternative aggravating factors], and as to that alternative you are unanimous, then you may fix the punishment of the defendant at death or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at life imprisonment ... This instruction is plainly ambiguous, at least to a lay audience. Does it mean that if the …

Gilmer In The Collective Bargaining Context, Theodore J. St. Antoine

Articles

Can a privately negotiated arbitration agreement deprive employees of the statutory right to sue in court on claims of discrimination in employment because of race, sex, religion, age, disability, and similar grounds prohibited by federal law? Two leading U.S. Supreme Court decisions, decided almost two decades apart, reached substantially different answers to this questionand arguably stood logic on its head in the process. In the earlier case of Alexander v. Gardner-Denver Co., involving arbitration under a collective bargaining agreement, the Court held an adverse award did not preclude a subsequent federal court action by the black grievant alleging racial discrimination. …

Review Of Human Rights In Global Politics, Christine M. Chinkin

Reviews

The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …

The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia

Articles

The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.