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

Law Commons

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

PDF

University of Michigan Law School

1989

Discipline
Keyword
Publication
Publication Type

Articles 1 - 30 of 195

Full-Text Articles in Law

Vol. 39, No. 11, November 29, 1989, University Of Michigan Law School Nov 1989

Vol. 39, No. 11, November 29, 1989, University Of Michigan Law School

Res Gestae

•Campbell Board Announces Semi-Finalists •RG Football Contest: 1L Martin Leads Pack •This is only a Test •Ruminations at Decade's End •Thank You •Berlin Wall Is Falling Down •Huskers, Blue Slighted By Media •Test Taking Tips •Use Bowls for College Football Playoffs •Law in the Raw


Vol. 39, No. 10, November 15, 1989, University Of Michigan Law School Nov 1989

Vol. 39, No. 10, November 15, 1989, University Of Michigan Law School

Res Gestae

•Judge Posner Delivers Cooley Lectures •FLP to Honor Local Judge •Some Things Never Change •Classifieds •Farewell to Superclerk •Low Degree of Volition? •Harold Reveals His Bowl Predictions •Vikings, Eagles Clash •Winter 1989 Grade Curves •A Survival Guide for First-Years •Law School-Induced Psychopathology •The Final Chapter •Law in the Raw


Vol. 38, No. 9, November 8, 1989, University Of Michigan Law School Nov 1989

Vol. 38, No. 9, November 8, 1989, University Of Michigan Law School

Res Gestae

•Drachman Honors Women Lawyers •Posner to Deliver Cooley Lectures •EDF Director to Speak on Movement's Future •The Libertarian Ethos •Survey of Winter 1989 Courses •Classifieds •Lions Improving--Take The Points •Nebraska Should Have Won, Illinois to Beat U-M •Rams, Giants Battle: Week Ten •The 1989 RG Football Bowl Contest •Law Student: This Is Your Week •Law in the Raw


Vol. 39, No. 8, November 1, 1989, University Of Michigan Law School Nov 1989

Vol. 39, No. 8, November 1, 1989, University Of Michigan Law School

Res Gestae

•Fellowship Honors Law School Professor •Reynolds, Chambers Debate Decisions •Committees Address Student Senate •Registration Horror •Go Ask Dothan, Alabama •Classifieds •Survey of Winter 1989 Courses •Colorado To Beat Huskers •Into the Great Outdoors •Rare Species Inhabits Hutchins •Vikings, Rams Battle: Week Nine •The Sex Drive: An Alternative •Rice Favored to Win Heisman •Law in the Raw


Vol. 38, No. 7, October 25, 1989, University Of Michigan Law School Oct 1989

Vol. 38, No. 7, October 25, 1989, University Of Michigan Law School

Res Gestae

•Special Collections Department Exhibits University Books •Chief Justice Lectures on Judiciary •Positive Verdict on Visit •Post-Modern Racial Ruminations •Whither the Democrats on Capital Gains? •Debate Will Keep Eyes on the Prize •Chief Justice Rehnquist Discusses Samuel Chase Trial •Amnesty International Forms Chapter •LSSS Announces Party for Friday •Classifieds •Cowboys Should Finally Win a Game •Notre Dame Is Acting Like Miami •Spirits of Halloween Visit Superclerk •A Halloween Tale •Halloween Videos: Available at the Store Near You •Vikings, Giants Clash on Monday Night •Deplorable Developments in Sports •Nightmares on Tappan Street •Law in the Raw


Vol. 38, No. 6, October 18, 1989, University Of Michigan Law School Oct 1989

Vol. 38, No. 6, October 18, 1989, University Of Michigan Law School

Res Gestae

•Rehnquist to Speak to Law School Community •Senate Discusses Budget •Ellsworth Study Qualifies Validity of Eyewitness Testimony •Sports Committee Announces Winners •Money Matters •Equal Opportunity to Discriminate •Working for Covington: Hazardous to Your Health? •Hellish Interviews •Equal Opportunity Should Be Reality In Interviewing •LSSS Budget Requests and Allocations •SFF: How They Do What They Do •Ellsworth Sees Problems With Expert Witnesses •Classifieds •Husbands-In-Law •Denver Is This Year's Surprising NFL Contender •My Biggest Trial •From the Dining Hall Cuisine Scene •Top 10 College Football Teams Since 1968 •On Gunners: The Response* •Bears and Browns Brawl •Law in the Raw


Vol. 38, No. 5, October 11, 1989, University Of Michigan Law School Oct 1989

Vol. 38, No. 5, October 11, 1989, University Of Michigan Law School

Res Gestae

•Twitchell Comes North for Fall Semester •Israeli Professor Supports Intifada •Form.er Editor Faults RG Coverage •Unconscionable Unconsciousness •Redskins, Giants Rumble •Rams Are NFL's Best •U-M to beat State in a Squeaker •Law in the Raw


Vol. 38, No. 4, October 4, 1989, University Of Michigan Law School Oct 1989

Vol. 38, No. 4, October 4, 1989, University Of Michigan Law School

Res Gestae

•Duke Professor Culp Visits Michigan •Social Committee Calendar Set •Ethics Charges Dismissed •Cheaters Should Be Punished •The Broader View •Why the Stagnation in Women's Admissions? •Does Michigan Need Another Journal? •LSSS First Year Election Statements •Classifieds •Pipe Smoking: It's Not Just for 50's Reruns •Copier Goes Berserk, Film at 11 •On Gunners: The Morality of Gunning •Giants, Eagles Clash: N.F.L. Week 5 •Football Season Gets Underway •Key Games: Colorado- Nebraska, Miami- N.D. •The Photocopier Strikes Back •Law in the Raw


The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian Oct 1989

The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian

University of Michigan Journal of Law Reform

This Note first reviews the evolution of obscenity law, concentrating on the modern obscenity test formulated in Miller v. California, including its requirement that any obscenity prosecution must be based on a state statute, not merely on the common law. It then examines the elements of the Miller test, arguing that legislatures may determine statewide "community standards" of patently offensive depictions of sexual conduct and discusses the permissibility of legislative expansion of pornography regulation beyond the present boundaries. Part II examines the federal courts' analysis of the civil rights-based antipornography ordinance passed in Indianapolis. Part III suggests standards for antiobscenity ...


The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels Oct 1989

The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels

University of Michigan Journal of Law Reform

Part I of this Article explains the statutory requirements that a black lung benefits claimant must meet and how these claimants' failure to meet statutory prerequisites results in the dismissal of their claims. Part II argues that the current procedures are inadequate to protect the rights of black lung benefits claimants. Dismissal of their claims violates the petitioners' rights to due process of law and pro se representation. Part III proposes two solutions to the crisis. The first proposal is simply a form that would be distributed to all claimants explaining the procedures they must follow to avoid dismissal. Part ...


Libel Reform: An Appraisal, C. Thomas Dienes Oct 1989

Libel Reform: An Appraisal, C. Thomas Dienes

University of Michigan Journal of Law Reform

Today, I am going to talk about the law of libel. A major part of my work at U.S. News is prepublication review of U.S. News and World Report and The Atlantic. I make difficult decisions such as assessing the risk that the Ayatollah Khomeini might sue the magazine for libel. I am not sure if you can libel the Ayatollah, but be careful if you do-he has very potent remedies. I will not focus on the law of libel as it is practiced in Michigan or in other states today. Instead, I want to examine proposals for ...


A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski Oct 1989

A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski

University of Michigan Journal of Law Reform

The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.


Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts Oct 1989

Tenants' Rights In Police Power Condemnations Under State Statutes And Procedural Due Process, Eric Wills Orts

University of Michigan Journal of Law Reform

This Note explores the legal arguments available to tenants who want to resist arbitrary or unjustified condemnations of their buildings. Part I provides an overview of the legal and constitutional structure of the police power to condemn buildings. Part II analyzes state statutes governing the condemnation of buildings. Focusing on the statutory rights to notice and opportunity for a hearing provided to tenants, Part II concludes that a majority of states provide inadequate protection for tenants facing eviction by condemnation. Part II then proposes statutory reform, based on an approach taken by a minority of states. Part III demonstrates that ...


Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot Oct 1989

Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot

University of Michigan Journal of Law Reform

This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states ...


Vol. 38, No. 3, September 27, 1989, University Of Michigan Law School Sep 1989

Vol. 38, No. 3, September 27, 1989, University Of Michigan Law School

Res Gestae

•LSSS Discusses Funding Teams •1989-90 Campbell Competition Begins •Speaker Discusses Venture Capital Strategies •Eklund Clears Nine More •Business as Usual •Getting There •For The Record •Bollinger Speaks on Grading Controversy •Administration's Integrity Questioned •Classifieds •Sports Committee Announces Fall Events •Harold Speaks: This Week's Hot College Football News •For Pete's Sake, It Ain't the World Series •The Ongoing Adventures of Superclerk •Law in the Raw


Vol. 38, No. 2, September 20, 1989, University Of Michigan Law School Sep 1989

Vol. 38, No. 2, September 20, 1989, University Of Michigan Law School

Res Gestae

•Senate Discusses Elections •Grades: A Study in Teacher Discretion •A Scary Scene •The Side Not Spoken •Classifieds •Kicking Game Leaves Bo Kicking Himself •Summer Clerk Suffers First-Day Disorientation •The Ongoing Adventures of Superclerk: Disorientation •Law in the Raw


Vol. 38, No. 1, September 13, 1989, University Of Michigan Law School Sep 1989

Vol. 38, No. 1, September 13, 1989, University Of Michigan Law School

Res Gestae

•Exam Flap Rocks Second Year Class •Family Law Project Gets Staff Attorney •Park Named RG Managing Editor •No Easy Answers •Hitchhiker's Guide to Ann Arbor •The Res Gestae Speaks with Professor •Schneider about the Grading Issue •Art Committee Forms at Law School •LSSS Holds First Meeting •Chronology: How the Events Unfolded •Classifieds •Lawyers Club Welcomes Students Back •1989 Pro Football Preview •Vikings, Oilers to Super Bowl •Why Michigan Won't Be #1 •The Ongoing Adventures of Superclerk: Prologue •Law in the Raw


The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell Aug 1989

The Final Report: Harvard's Affirmative Action Allegory, Derrick Bell

Michigan Law Review

Harvard's affirmative action allegory written for this symposium.


Foreword: Telling Stories, Kim Lane Schepple Aug 1989

Foreword: Telling Stories, Kim Lane Schepple

Michigan Law Review

Why is there such a rush to storytelling? Why has narrative become such an important and recurring theme in legal scholarship these days?

This issue testifies to the attractiveness of, and limits to, storytelling as a force in law. But whose stories are told? Who listens? And who responds? This symposium explores these questions, challenging traditional practices and exploring new ones in the telling of stories in the law. One important lesson that can be learned from this issue is that narrative is a way of organizing, coping with, even acting on the world. Stories carry power because they have ...


Difference Made Legal: The Court And Dr. King, David Luban Aug 1989

Difference Made Legal: The Court And Dr. King, David Luban

Michigan Law Review

My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official ...


The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter Aug 1989

The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter

Michigan Law Review

In Part II, I first provide a brief description of what we are learning about the grounded and imaginative nature of the cognitive process. I then elaborate the cognitive structure of the concept narrative and consider the manner in which we employ that concept in recognizing, understanding, and constructing narratives of all types - from folktales like the midrash to avant-garde literature like Waiting for Godot. In Part III, I employ this information about the cognitive and narrative processes to explore the secondary role of narrative in the institutionalization of legal and social meaning. I will identify the cognitive construct that ...


Persuasion, Joseph William Singer Aug 1989

Persuasion, Joseph William Singer

Michigan Law Review

Lawyers spend a lot of time attempting to persuade other people. They persuade judges to promulgate rules of law that favor their clients. They persuade their law partners to adopt their interpretation of existing law or to adopt their strategy for litigation. They persuade clients to accept the dictates of the law. They persuade adversaries in settlement negotiations and their clients' business associates in contract negotiations. They persuade legislatures to fund legal services for the poor, to adopt or to reject law reforms.

Law professors spend most of their time teaching - or at least practicing - the art of persuasion. We ...


Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro Aug 1989

Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro

Michigan Law Review

The legal storytelling theme that is the focus of this symposium is part of a larger, ongoing intellectual movement. American legal scholarship of the past several decades has revealed deep dissatisfaction with the abstract and collective focus of law and legal discourse. The rebellion against abstraction has, of late, been characterized by a "call to context." One strand of this complex body of thought argues that law should concern itself more with the concrete lives of persons affected by it. One key word in the dialogue is the term "empathy," which appears frequently in the work of critical legal studies ...


A Tale Of Two Clients: Thinking About Law As Language, Clark D. Cunningham Aug 1989

A Tale Of Two Clients: Thinking About Law As Language, Clark D. Cunningham

Michigan Law Review

This is a true story. It is actually three true stories. The article taken as a whole tells a story of my personal search for a new way of talking about the experience of being a lawyer, a quest which is leading me to think more and more about law as a kind of language and lawyering as a form of translation. Rather like a medieval romance, embedded within this story of a quest are two tales, about clients I have represented in the course of my clinical teaching.

As much as possible, both levels of narrative are presented in ...


The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams Aug 1989

The Obliging Shell: An Informal Essay On Formal Equal Opportunity, Patricia Williams

Michigan Law Review

I am struck by the Court's use of the word "equality" in the last line of its holding. It seems an extraordinarily narrow use of "equality," when it excludes from consideration so much clear inequality. It, again, resembles the process by which the Parol Evidence Rule limits the meaning of documents or words by placing beyond the bounds of reference anything that is inconsistent, or, depending on the circumstances, even that which is supplementary. It is this lawyerly language game of exclusion and omission that is the subject of the rest of this essay.


Stories Of Origin And Constitutional Possibilities, Milner S. Ball Aug 1989

Stories Of Origin And Constitutional Possibilities, Milner S. Ball

Michigan Law Review

Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.

There is an American story of origins. It ...


Storytelling For Oppositionists And Others: A Plea For Narrative, Richard Delgado Aug 1989

Storytelling For Oppositionists And Others: A Plea For Narrative, Richard Delgado

Michigan Law Review

This essay examines the use of stories in the struggle for racial reform. Part I shows how we construct social reality by devising and passing on stories - interpretive structures by which we impose order on experience and it on us. To illustrate how stories structure reality, I choose a single race-tinged event and tell it in the form of five stories or narratives. Each account is followed by analysis, showing what the story includes and leaves out and how it perpetuates one version of social reality rather than another. Part II deals with counterstories, competing versions that can be used ...


Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda Aug 1989

Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda

Michigan Law Review

The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private ...


The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy Jun 1989

The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These ...


Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy Jun 1989

Adverse Inferences From Silence, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

This Report, the eighth in the Truth in Criminal Justice series, assesses the rules relating to the evidentiary consideration of the defendant's silence. Its general conclusion is that the existing restrictive rules in this area are unjustified impediments to the search for truth. The notion that the fifth amendment's prohibition of compelling a person in a criminal case to be a witness against himself bars drawing adverse inferences from the defendant's silence is not well-founded. In practical effect, these rules impede the conviction of the guilty by barring consideration of an aspect of the defendant's conduct-his ...