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University of Michigan Law School

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2013

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Articles 1 - 30 of 123

Full-Text Articles in Law

Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah Dec 2013

Why Y? Reflections On The Baucus Proposal, Reuven S. Avi-Yonah

Articles

The international tax reform proposal introduced by Sen. Max Baucus, D-Mont., on November 19 contains several significant innovations that promise to define the terms of the debate for the foreseeable political future. (Prior coverage: Tax Notes Int’l, Nov. 25, 2013, p. 691.) It is therefore worth examining in detail even if it seems unlikely that progress toward meaningful reform can be achieved very soon.


Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue Dec 2013

Mandatory Rules And Default Rules In Insurance Contracts, Tom Baker, Kyle D. Logue

Law & Economics Working Papers

The economic analysis of contract law can organized around two general questions: (1) what are the efficient or welfare-maximizing substantive rules of contract law; and (2) once those rules have been identified, when if ever should they be made mandatory and when should they be merely “default rules” that the parties can contract around if they wish? Much of contract theory over the past twenty years has been devoted to developing answers to those two questions. The same two questions can be posed with respect to the rules of insurance law. Although previous scholars have examined particular substantive doctrines of …


Pro Bono Newsletter, University Of Michigan Law School Oct 2013

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Fall 2013 issue of the University of Michigan Law School Pro Bono Program's newsletter.


Maggots And Morals: Physical Disgust Is To Fear As Moral Disgust Is To Anger, Spike W. S. Lee, Phoebe C. Ellsworth Sep 2013

Maggots And Morals: Physical Disgust Is To Fear As Moral Disgust Is To Anger, Spike W. S. Lee, Phoebe C. Ellsworth

Book Chapters

No abstract provided.


Overstating The Satisfaction Of Lawyers, David L. Chambers Aug 2013

Overstating The Satisfaction Of Lawyers, David L. Chambers

Articles

Recent literature commonly reports US lawyers as disheartened and discontented, but more than two dozen statistically based studies report that the great majority of lawyers put themselves on the satisfied side of scales of job satisfaction. The claim of this article is that, in three ways, these statistically based studies convey an overly rosy impression of lawyers’ attitudes: first, that many of those who put themselves above midpoints on satisfaction scales are barely more positive than negative about their careers and often have profound ambivalence about their work; second, that surveys conducted at a single point in time necessarily fail …


The Lawyers Club Grand Reopening Open House Celebration, University Of Michigan Law School Aug 2013

The Lawyers Club Grand Reopening Open House Celebration, University Of Michigan Law School

Event Materials

Program for the Grand Reopening Open House Celebration of the Charles T. Munger Residences.


Mitigating The Problem Of Vulture Holdout: International Certification Boards For Sovereign Debt Restructurings, John A. E. Pottow Aug 2013

Mitigating The Problem Of Vulture Holdout: International Certification Boards For Sovereign Debt Restructurings, John A. E. Pottow

Law & Economics Working Papers

The Great Recession has brought greater sovereign debt defaults, which in turn has brought a surfeit of academic explorations and policy discussions of sovereign debt restructuring. The purpose of this article is to offer yet one more idea for the hopper of what to do with the seemingly intractable problem of restructuring sovereign bond debt. The field does not lack for statutory and contractual proposals, from SDRM to CACs, but it is not yet sufficiently saturated that another proposal cannot join the mix. The proposal is for the establishment of international certification boards that can give a stamp of approval …


The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine Jul 2013

The Bible Of Labor Arbitration: Tribute To Professor Frank Elkouri, Theodore J. St. Antoine

Other Publications

Each of the three traditional learned professions has had its “bible.” Divines had the progenitor, the Holy Bible itself; medical doctors had Gray’s Anatomy; and lawyers had Blackstone. What could be more fitting than that the sprightly newcomer to the ranks of the learned professions—labor arbitration—should also have its own bible: Elkouri & Elkouri, How Arbitration Works? But while Blackstone, Gray’s, and perhaps even the King James Version have largely been supplanted by sleeker, more contemporary models, nothing of the sort has happened to Elkouri. It just sails on majestically from one edition to another, now heading into its seventh.


Michigan Law Annual Report Of Giving July 1, 2012 - June 30, 2013, University Of Michigan Law School Jun 2013

Michigan Law Annual Report Of Giving July 1, 2012 - June 30, 2013, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.


Meaning In The Natural World, Joseph Vining May 2013

Meaning In The Natural World, Joseph Vining

Law & Economics Working Papers

James Boyd White devoted much of his work to the rescue of meaning in language, art, and the human world. A turn to the natural world may underscore his confidence that an individual's statement of law can be more than a disguised expression of individual will and desire. This essay may also suggest one more way toward hope that a realistic sense of the natural world need not threaten confidence in the reality of beauty and meaning in our human world.


Arguments For And Against Territoriality, Reuven S. Avi-Yonah May 2013

Arguments For And Against Territoriality, Reuven S. Avi-Yonah

Articles

The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.


Territoriality: For And Against, Reuven S. Avi-Yonah May 2013

Territoriality: For And Against, Reuven S. Avi-Yonah

Articles

The tax on dividends from the active income of controlled foreign corporations meets the criteria for a bad tax: It raises little revenue but significantly affects taxpayer behavior in undesirable ways.


Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers May 2013

Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For forty years beginning in the late 1960s, the University of Michigan Law School conducted annual surveys of its alumni. The project included fifty successive graduating classes, with all but the most recent classes surveyed more than once. Over thirteen thousand alumni participated. Over the forty years, American legal education and the American legal profession underwent huge changes. When the study began, there were almost no women or minority students at Michigan and very few in the country as a whole. The vast majority of all students and lawyers were white and male. By the end, white men constituted far …


University Of Michigan Law School Senior Day, University Of Michigan Law School May 2013

University Of Michigan Law School Senior Day, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 12, 2013 University of Michigan Law School Senior Day graduation ceremony.


Pro Bono Newsletter, University Of Michigan Law School Apr 2013

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Spring 2013 issue of the University of Michigan Law School Pro Bono Program's newsletter.


Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog Apr 2013

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

Articles

Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?


Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle Apr 2013

Law And Local Activism: Uncovering The Civil Rights History Of Chambers V. Mississippi, Emily Prifogle

Articles

Countless academics have examined and discussed the importance of Chambers v. Mississippi in a multitude of areas including compulsory due process, admission of hearsay, third party guilt evidence, false confessions, racial evaluations of hearsay and witnesses, and morally reasonable verdicts. In contrast, this article attempts to excavate the account of a rural Mississippi community’s struggle for rights that underlies the U.S. Supreme Court decision in Chambers. On its face, the case has no link or reference to the civil rights movement. However, this paper reveals that local civil rights activists took armed, direct economic action for equal rights Woodville, Mississippi, …


Vol. 63, March 27, 2013, University Of Michigan Law School Mar 2013

Vol. 63, March 27, 2013, University Of Michigan Law School

Res Gestae

• Teaching Gone Wrong • Letter from the Editor • Detroit: Mid-Size Market • Goodbye, Ma'am Prez Och! • Moran & Friedman's Guide to SCOTUS • RG Mailbag • Halberstam: Squirrel Fan • Debt WIZard • Phid Style Dinners • New LSSS Lunch Series • Mr. Wolverine Letters • Law Student Comics • Photos of Stuff that Happened this year!


Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz Mar 2013

Understanding Insurance Anti-Discrimination Laws, Ronen Avraham, Kyle D. Logue, Daniel Benjamin Schwarcz

Law & Economics Working Papers

Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on their differences in risk profiles, first, so that they can charge different premiums to the different groups based on their risk and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are, however, limits to the types of discrimination we will allow insurers to engage in. But what exactly are those limits and how are they justified? To answer these questions, this Article articulates the leading fairness and efficiency arguments for and against limiting insurers’ …


Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Rosa M. Abrantes-Metz, Gabriel V. Rauterberg, Andrew Verstein Mar 2013

Revolution In Manipulation Law: The New Cftc Rules And The Urgent Need For Economic And Empirical Analyses, Rosa M. Abrantes-Metz, Gabriel V. Rauterberg, Andrew Verstein

Articles

Three major banks have now admitted that their employees manipulated worldwide interest rates through the London Interbank Offered Rate (Libor), the most widely used interest rate index. Libor is the interest rate term for trillions of dollars of swaps and loans, and its manipulation may have been used to extract billions of dollars. These allegations come just as commodities manipulation law has been dramatically reformed and the Commodity Futures Trading Commission (CFTC) given vast new regulatory powers. This Article provides the first extended, scholarly analysis of the CFTC’s new anti-manipulation rules. We consider the difficulty the rules address: Commodities manipulation …


Sff Auction 2013, University Of Michigan Law School Mar 2013

Sff Auction 2013, University Of Michigan Law School

Event Materials

Program for the March 21, 2013 Student Funded Fellowships Auction.


Methods For Multicountry Studies Of Corporate Governance (And Evidence From The Brikt Countries), Bernard S. Black, Antonio Gledson De Carvalho, Vikramaditya Khanna, Woochan Kim, B. Burcin Yurtoglu Mar 2013

Methods For Multicountry Studies Of Corporate Governance (And Evidence From The Brikt Countries), Bernard S. Black, Antonio Gledson De Carvalho, Vikramaditya Khanna, Woochan Kim, B. Burcin Yurtoglu

Law & Economics Working Papers

We discuss the perils in multicountry studies of corporate governance (CG), focusing on emerging markets. The existing studies are massively multicountry studies, which cover many firms across many countries, but rely on the same limited governance elements in each countries, have few firm-level control variables, and use pure-cross-sectional data. This paper discusses the severe data and construct validity issues in these studies, proposes methods to respond to those issues, and applies those methods through a study of five major emerging markets (Brazil, India, Korea, Russia, and Turkey). We develop unique time-series datasets on governance in each country. We address construct …


Should The Us Dictate World Tax Policy? Reflections On Ppl, Reuven S. Avi-Yonah Feb 2013

Should The Us Dictate World Tax Policy? Reflections On Ppl, Reuven S. Avi-Yonah

Articles

The U.S. Supreme Court’s decision to grant certiorari in PPL offers it a unique opportunity to change the law regarding foreign tax credits that has significantly impeded the ability of other countries to engage in meaningful tax reform. In 1938 the Court said in dicta that to qualify for the FTC a tax had to be an income or excess profits tax (or a tax imposed in lieu thereof) under U.S. tax principles. This statement has led to an elaborate set of regulations defining what is an income tax, which has significantly hampered the ability of foreign countries to adopt …


Bargaining Over Loyalty, Daniel A. Crane Feb 2013

Bargaining Over Loyalty, Daniel A. Crane

Law & Economics Working Papers

Contracts between suppliers and customers frequently contain provisions rewarding the customer for exhibiting loyalty to the seller. For example, suppliers may offer customers preferential pricing for buying a specified percentage of their requirements from the supplier or buying minimum numbers of products across multiple product lines. Such loyalty-inducing contracts have come under attack on antitrust grounds because of their potential to foreclose competitors or soften competition by enabling tacit collusion among suppliers. This article defends loyalty inducement as a commercial practice. Although it can be anticompetitive under some circumstances, rewarding loyal customers is usually procompetitive and price- reducing. The two …


Scandal Enforcement At The Sec: The Arc Of The Option Backdating Investigations, Stephen Choi, Adam C. Pritchard, Anat C. Wiechman Jan 2013

Scandal Enforcement At The Sec: The Arc Of The Option Backdating Investigations, Stephen Choi, Adam C. Pritchard, Anat C. Wiechman

Law & Economics Working Papers

We study the SEC’s allocation of enforcement resources in the wake of a salient public scandal. We focus on the SEC’s investigations of option backdating in the wake of numerous media articles on the practice of backdating. We find that the SEC shifted its mix of investigations significantly toward backdating investigations and away from investigations involving other accounting issues. We test the hypothesis that SEC pursued more marginal investigations into backdating at the expense of pursuing more egregious accounting issues. Our event study of stock market reactions to the initial disclosure of backdating investigations shows that those reactions declined over …


Employment Law And Social Equality, Samuel R. Bagenstos Jan 2013

Employment Law And Social Equality, Samuel R. Bagenstos

Law & Economics Working Papers

What is the normative justification for individual employment law? For a number of legal scholars, the answer is economic efficiency. Other scholars argue, to the contrary, that employment law protects against (vaguely defined) imbalances of bargaining power and exploitation. Against both of these positions, this paper argues that individual employment law is best understood as advancing a particular conception of equality. That conception, which many legal and political theorists have called social equality, focuses on eliminating hierarchies of social status. Drawing on the author’s work elaborating the justification for employment discrimination law, this paper argues that individual employment law is …


The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White Jan 2013

The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White

Reviews

Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place …


Late-Night Law Firms, Scott Hershovitz Jan 2013

Late-Night Law Firms, Scott Hershovitz

Reviews

But it turns out that those late-night lawyers may not deserve the scorn that they get. In Sunlight and Settlement Mills, Nora Freeman Engstrom argues that firms like the ones that advertise late at night have developed practice models that achieve many of the aims that reformers have for no-fault accident compensation schemes. They deliver compensation cheaply and quickly, because they settle almost every claim and nearly never go to court. They resolve claims predictably and consistently, on account of cozy relationships with insurance adjusters that lead to a shared sense as to what different sorts of claims are …


Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz Jan 2013

Review Of Corrective Justice, By E. Weinrib, Scott Hershovitz

Reviews

I once heard it said of a famous philosopher of law that he never allowed his philosophy to be polluted by law. No one will ever say that about Ernie Weinrib. His latest book - Corrective Justice - is exceptional precisely because Weinrib is deeply informed about legal doctrine. Of course, he also has formidable philosophical skill, and in bringing that to bear on doctrine, he dismantles any thought that corrective justice is too abstract a concept to shed light on the practical problems that courts face. Along the way, he also demol­ ishes the instrumentalism that has recently dominated …


2013 Distinguished Alumni Award Ceremony, University Of Michigan Law School Jan 2013

2013 Distinguished Alumni Award Ceremony, University Of Michigan Law School

Event Materials

Program of ceremony honoring Valerie B. Jarrett, John M. Nannes, and Theodore J. St. Antoine.