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Full-Text Articles in Law

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman Dec 1994

Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman

Articles

The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept ...


Vol. 45, No. 3, November 3, 1994, University Of Michigan Law School Nov 1994

Vol. 45, No. 3, November 3, 1994, University Of Michigan Law School

Res Gestae

•Public Interest Update '95 •New v. Neoclassical •Hail from the Chief •Jeff Lehman •Professor Evaluation Act of 1994 •Doctor G Princesses


The Frail Old Age Of The Socratic Method, Carl E. Schneider Nov 1994

The Frail Old Age Of The Socratic Method, Carl E. Schneider

Other Publications

We are gathered here to honor you for your seriousness about and success in your legal education. It is fitting and proper that we should do this, for law is a learned profession, and mastery of it is a critical and continuing duty, as well, I hope, as a pleasure. But this convocation is also, as Holmes put it, a time when the Law School "becomes conscious of itself and its meaning." I want to combine these two purposes by discussing with you our common enterprise of education for a learned profession. Specifically, I want to consider a distinctive feature ...


Vol. 45, No. 2, October 13, 1994, University Of Michigan Law School Oct 1994

Vol. 45, No. 2, October 13, 1994, University Of Michigan Law School

Res Gestae

•3Ls Cope with Dings •Law Review Admission Criteria Aimed for Diversity •Paper Chase Ends in Computer Lab •Student Arrested in Dean's Office Gets Case Dismissed •Hail from the Chief •MacKinnon Q&A •Crossword •The Four-Headed Beast from the South •Regally Hungover & Fiscally Under Siege


Bioethics With A Human Face, Carl E. Schneider Oct 1994

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and ...


Vol. 45, No. 1, September 29, 1994, University Of Michigan Law School Sep 1994

Vol. 45, No. 1, September 29, 1994, University Of Michigan Law School

Res Gestae

•Law Students Start Two New Journals •Job Hunt Resumes •Hail from the Chief •Rare Books Get a Rare Look •Cross Exam •Doctor G's Love Prescription •Prince, Sinead: Nothing Compares 2 Them •Royal Wisdom and Summer Exploits •Law in the Raw


Bioethics In The Language Of The Law, Carl E. Schneider Jul 1994

Bioethics In The Language Of The Law, Carl E. Schneider

Articles

What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans ...


Vol. 44, No. 12, April 18, 1994, University Of Michigan Law School Apr 1994

Vol. 44, No. 12, April 18, 1994, University Of Michigan Law School

Res Gestae

•Search for Dean, New Profs Dominates News •Dean Confirms Funding for Public Interest Office •Student Protester Brooks Arraigned in Local Court •Student Participant Seeks Moot Court Improvements •Law Review Revises Selection Procedures •Enjoy the Free Beer While It Lasts •The Docket


Vol. 44, No. 11, April 4, 1994, University Of Michigan Law School Apr 1994

Vol. 44, No. 11, April 4, 1994, University Of Michigan Law School

Res Gestae

•Permanent Public Interest Funding in Doubt •BLSA to Hold Symposium on Civil Rights •First-Year Student Arrested in Dean's Office for Protest •Student Groups Condemn Poster Vandals •LSSS Urges Continued Public Interest Funding •An Open Letter to the Class of 1994 •Soundgarden, NIN: Knights in Black Satin •The Docket •The Wyoming Connection: A Job-Hunting Fiction •Casino Night and Other Sundry Matters •Law in the Raw


Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider Apr 1994

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by transferring ...


Vol. 44, No. 10, March 21, 1994, University Of Michigan Law School Mar 1994

Vol. 44, No. 10, March 21, 1994, University Of Michigan Law School

Res Gestae

•Dean Candidates Named in New York Times •Four Faculty Members to Leave Michigan •School Should Allow Computers on Exams •Ignore U.S. News Law School Rankings •Gossip, Not Editorials, Should be RG's Focus •Student, Prof Reaction to Grading System Mixed •U of M Law School Left Livingston-less •Memo, Fire Raise Questions About Library Safety •LSSS Election Candidate Statements •The Docket •The Mailbag: Advice for the Inquiring Mind •Phi Delta Phi House Announces Ethics


Vol. 44, No. 9, March 7, 1994, University Of Michigan Law School Mar 1994

Vol. 44, No. 9, March 7, 1994, University Of Michigan Law School

Res Gestae

•Law School Step Closer to Naming Dean •Student SFF Pledges Lag Behind Last Year's Pace •Grade Curves: A Vicious Cycle Continues •Letter to the Editor •Student Sponsor Debate on Religious Expression •Elevator Music for Generation X •Love and the Golden Handcuffs: A Fiction Story •Regal Hints for a Tropical Paradise Vacation •Law in the Raw


Vol. 44, No. 8, February 7, 1994, University Of Michigan Law School Feb 1994

Vol. 44, No. 8, February 7, 1994, University Of Michigan Law School

Res Gestae

•One Outsider Remains in Dean Search •Number of On-Campus Interviews for 1L's Low •Job Search Provides Humorous Anecdotes •Clinton Reinvents the Government •Profs Make Curriculum Proposal •Condemn Anti-Semitism; Respect Free Speech •Students Question Course Offerings •The Docket •A Regal Trip South O' the Border for Spring •Arbitrary and Capricious? •Elvis Lives!! In My Attic, of Course •Alternative Rock n' Roll Digs Up Its Conscience •Misty Water Colored Law School Memories •Law in the Raw


Vol. 44, No. 7, January 24, 1994, University Of Michigan Law School Jan 1994

Vol. 44, No. 7, January 24, 1994, University Of Michigan Law School

Res Gestae

•Search for New Law Dean Continues •Res Gestae Needs Your Help to Survive •Cyberlawyers: Some Thoughts on a New Breed •Heard Any Good Scandals Lately? •Professor Questions USA Patriotism •Phi Delta Phi: The Tradition Continues •The Docket •Crossword •Swarthmore Tries to Please All, Pleases No One •TV Offers Filler for Bored Student •The Year in Music: One Critic's Kvetchings •Royal Hints on Winter Recreation •How I Stopped Worrying About Law School & Learned to Love the TV


Class Of 1994 Five Year Report, University Of Michigan Law School Jan 1994

Class Of 1994 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.


Honors Convocation, University Of Michigan Law School Jan 1994

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 13, 1994 University of Michigan Law School Honors Convocation.


Class Of 1994 Five Year Report Alumni Comments, University Of Michigan Law School Jan 1994

Class Of 1994 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.


Art Catalog, University Of Michigan Law School Jan 1994

Art Catalog, University Of Michigan Law School

Miscellaneous Law School Publications

A catalog to art photographs and artwork at the University of Michigan Law School.


The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White Jan 1994

The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White

Other Publications

Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .


Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia Jan 1994

Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia

Other Publications

The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view ...


Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg Jan 1994

Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg

Other Publications

Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public; the new pro-patent policy stresses the need for exclusive rights as an incentive for industry to invest in bringing new products to market.


The Effect Of Section 1-102(3) And 1-103 On Commercial Agreements Involving Ucc Tansactions: Should They Be Revised?, James J. White Jan 1994

The Effect Of Section 1-102(3) And 1-103 On Commercial Agreements Involving Ucc Tansactions: Should They Be Revised?, James J. White

Other Publications

Power to Modify Article 5 Obligations Under 1-102(3) and 1-203. see Sections 5-103(c) and 5-116(c) of Revised Article 5.

Persons speaking for issuing banks argued strongly in the Article 5 revision process that complete freedom of contract should prevail and that no provision should be made invariable . They argued successfully for the removal in current Section 5-109 of references to due care and they argued successfully against the inclusion of any similar obligation elsewhere in Article 5. Consequently Section 1-102(3) has no place to get a grip in Article 5--because no obligations of due care are ...


Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties ...


Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White Jan 1994

Proposed Revisions Concerning Products Liability Caveat Vendor, James J. White

Other Publications

Both industrial sellers and consumer sellers should look at proposals for revision of the sections relating to warranty liability in Article 2. Particularly important are the sections on warranty, express and implied, on third-party liability, disclaimers and limitation of remedy, notice, and statute of limitations. Using current law as a baseline, revised Article 2 increases sellers' liability in at least half a dozen ways and decreases it in no significant way.


Article 5: Highlights Of The Proposed Revision, James J. White Jan 1994

Article 5: Highlights Of The Proposed Revision, James J. White

Other Publications

I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5


It's Worth Remembering, John W. Reed Jan 1994

It's Worth Remembering, John W. Reed

Other Publications

A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.


Review Of Political Discourse In Early Modern Britain, Donald J. Herzog Jan 1994

Review Of Political Discourse In Early Modern Britain, Donald J. Herzog

Reviews

This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox ...


Section 338 And Its Foolish Consistency Rules - The Hobgoblin Of Little Minds, Douglas A. Kahn Jan 1994

Section 338 And Its Foolish Consistency Rules - The Hobgoblin Of Little Minds, Douglas A. Kahn

Articles

The purposes of this Article are to examine whether there is any longer a reason for concern because a target corporation can choose selected assets for nonrecognition and to what extent the 1994 regulations properly deal with potentially abusive circumventions of tax goals. Before examining the current status of the consistency requirements, the historical background that led to the adoption of Section 338 and the operation of the section is discussed. The historical background includes: the judicially created Kimbell-Diamond rule, the codification and modification of that rule by the old version of Section 334(b)(2), the operation of the ...


Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper Jan 1994

Interstate Consolidation: A Comparison Of The Ali Project With The Uniform Transfer Of Litigation Act (American Law Institute Complex Litigation Project: A Symposium, In Memoriam Donald Theodore Trautman), Edward H. Cooper

Articles

The Uniform Transfer of Litigation Act (UTLA) was undertaken for purposes simpler than the mass consolidation of multiparty, multiforum litigation. It seeks to create an effective tool that can be used to reduce some of the artificial barriers that tradition has erected around the sovereign separateness of the many different court systems in this country. The fact of separate sovereignty must be recognized, however, and to this end consent of both transferring and receiving courts is required. Within the consent requirement, transfer from the court system of one sovereign to the court system of another can improve on present practices ...


Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier Jan 1994

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange ...