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

Law Commons

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

PDF

University of Michigan Law School

1987

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 174

Full-Text Articles in Law

Vol. 36, No. 12, December 2, 1987, University Of Michigan Law School Dec 1987

Vol. 36, No. 12, December 2, 1987, University Of Michigan Law School

Res Gestae

•Senate Suspects Summer Session Sunk •Separating Contenders From Pretenders •Flyback Frenzy •Loans & Dollars & Stocks •Public Interest Not in Family Interest •Summer Secrets •Cynical Legal Studies Takes Hold


Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg Dec 1987

Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg

Articles

As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in ...


Law And Enchantment: The Place Of Belief, Joseph Vining Dec 1987

Law And Enchantment: The Place Of Belief, Joseph Vining

Articles

The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what ...


A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall Dec 1987

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative ...


Threshold Requirements For The Fbi Under Exemption 7 Of The Freedom Of Information Act, Richard A. Kaba Dec 1987

Threshold Requirements For The Fbi Under Exemption 7 Of The Freedom Of Information Act, Richard A. Kaba

Michigan Law Review

This Note examines Exemption 7 of the FOIA as it relates to FBP0 information and seeks to determine the appropriate rule for the first prong of the Abramson test. Part I of this Note examines Exemption 7 in the 1966, 1974, and 1986 FOIAs, the judicial opinions interpreting this exemption, and the legislative histories of the 1966, 1974, and 1986 FOIAs as they relate to Exemption 7. Part II compares the per se and threshold tests in view of their practical effects and concludes that neither test is clearly superior. Part III proposes adoption of a per se rule with ...


The Rhetoric Of The Anti-Progressive Income Tax Movement: A Typical Male Reaction, Marjorie E. Kornhauser Dec 1987

The Rhetoric Of The Anti-Progressive Income Tax Movement: A Typical Male Reaction, Marjorie E. Kornhauser

Michigan Law Review

This article examines the arguments against progressivity and the supporting philosophic premises behind the mask of rhetoric. It neither treats exhaustively nor demolishes the legitimacy of the arguments or the underlying philosophy. Part I briefly summarizes the major arguments against progressivity. Part II examines the economic argument, its underlying assumptions, and its limitations. Part III examines the neoconservative philosophy which underlies the justification for a flat tax and contrasts it with an alternative feminist vision of people and society, which provides strong justification for progressive taxation.

Part IV concludes that there is a strong case for progressive taxation based not ...


The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz Dec 1987

The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz

Michigan Law Review

For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired ...


Vol. 36, No. 11, November 16, 1987, University Of Michigan Law School Nov 1987

Vol. 36, No. 11, November 16, 1987, University Of Michigan Law School

Res Gestae

•LSSS Talks About Food to HLSA •RG Bowl Bid Contest Update •Undergrad Bashing, Part 25 •Success Is More Than Just $$ •A Fresh Breeze •RG Covers Real News •Notices •Crossword •Law in the Raw


Vol. 36, No. 10, November 11, 1987, University Of Michigan Law School Nov 1987

Vol. 36, No. 10, November 11, 1987, University Of Michigan Law School

Res Gestae

•GEO Seeks to Represent Case Club Leaders •Dean to Visit LS3, Courtade Blasts Tardy Senators •Solidarity Forever •"Eyes on the Prize" Creates Blindspots •Notices •3d Year Horoscope •Why I Wear What I Wear - Under •Law In The Raw


Vol. 36, No. 9, November 4, 1987, University Of Michigan Law School Nov 1987

Vol. 36, No. 9, November 4, 1987, University Of Michigan Law School

Res Gestae

•Recruiting Improprieties Rankle LSSS •U-M Student Chairs ABA Minorities Committee •G.R. Law •Vino, Vino and More Vino •Transfer Advised •M & A Fury Hits MLR; White Knight Sought •Contest


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

Other Publications

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 ...


Faculty & Student Newsletter, University Of Michigan Law School Nov 1987

Faculty & Student Newsletter, University Of Michigan Law School

Newsletters

Volume 1, no. 2 of the University of Michigan Law Library Faculty & Student Newsletter.


Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis Nov 1987

Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis

Michigan Law Review

This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a ...


Wade H. Mccree, Jr., Jimmy Carter Nov 1987

Wade H. Mccree, Jr., Jimmy Carter

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


The Quintessential Public Servant, Otis M. Smith Nov 1987

The Quintessential Public Servant, Otis M. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.--In Tribute, Erwin N. Griswold Nov 1987

Wade H. Mccree, Jr.--In Tribute, Erwin N. Griswold

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr., Lee C. Bollinger Nov 1987

Wade H. Mccree, Jr., Lee C. Bollinger

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: A Compassionate And Great Judge, Horace W. Gilmore Nov 1987

Wade H. Mccree, Jr.: A Compassionate And Great Judge, Horace W. Gilmore

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: Born To Be A Judge, Pierce Lively Nov 1987

Wade H. Mccree, Jr.: Born To Be A Judge, Pierce Lively

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


A Tribute To Wade Mccree, Allan F. Smith Nov 1987

A Tribute To Wade Mccree, Allan F. Smith

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade Mccree's Michigan Legacy, G. Mennen Williams Nov 1987

Wade Mccree's Michigan Legacy, G. Mennen Williams

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: Student Perspectives, Professor Mccree's Students Nov 1987

Wade H. Mccree, Jr.: Student Perspectives, Professor Mccree's Students

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Symbols, Perceptions, And Doctrinal Illusions: Establishment Neutrality And The "No Endorsement" Test, Steven D. Smith Nov 1987

Symbols, Perceptions, And Doctrinal Illusions: Establishment Neutrality And The "No Endorsement" Test, Steven D. Smith

Michigan Law Review

Section I of this article briefly describes the emergence and development of the "no endorsement" test. Section II then seeks to show that the test is deficient as doctrine, and thus incapable of providing the clarity and coherence that current doctrine so sorely lacks. Section III considers various likely theoretical justifications for the "no endorsement" proposal, including the justification advanced by Justice O'Connor, and concludes that these justifications, like the test itself, are seriously flawed. This conclusion provokes a question: If the "no endorsement" test is doctrinally deficient and without theoretical justification, why has it elicited such widespread enthusiasm ...


The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen Nov 1987

The State Of Legal Writing: Res Ipsa Loquitur, George D. Gopen

Michigan Law Review

There is a glory, it seems, in the mystery of a language that can be deciphered only by initiates of the secret society; there is a great sense of power and an even greater actuality of power in controlling a language that in turn controls the most pressing affairs of individuals and communities; and there is a monopolistic safety in being able to manipulate a language which because it was part of the creation of legal problems must be part of their solutions as well. It was true in 1921, and it is still true sixty-six years later. This essay ...


In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman Nov 1987

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen ...


Wade H. Mccree, Jr., Sara Sun Beale Nov 1987

Wade H. Mccree, Jr., Sara Sun Beale

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr., David L. Chambers Nov 1987

Wade H. Mccree, Jr., David L. Chambers

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Wade H. Mccree, Jr.: A Model Of Excellence, Harry T. Edwards Nov 1987

Wade H. Mccree, Jr.: A Model Of Excellence, Harry T. Edwards

Michigan Law Review

A Tribute to Wade H. McCree, Jr.


Vol. 36, No. 8, October 28, 1987, University Of Michigan Law School Oct 1987

Vol. 36, No. 8, October 28, 1987, University Of Michigan Law School

Res Gestae

•Michigan Says Yes to Sandalow •Lowe Down on LSSS •Tourney Winners •When Free Speech Isn't •A Limitless Grade Option •Registration Offers Course of Headaches •Space Law: The Final Frontier •Law in the Raw


Vol. 36, No. 6, October 14, 1987, University Of Michigan Law School Oct 1987

Vol. 36, No. 6, October 14, 1987, University Of Michigan Law School

Res Gestae

•LS3 Cancels Party •First Year Student Hits A2 after Greneda •Bork Foes Use "Big Lie" To Paint False Image •The Ad Gestae •Notices