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University of Michigan Law School

Series

1986

Articles 1 - 30 of 62

Full-Text Articles in Law

Vol. 35, No. 12, December 3, 1986, University Of Michigan Law School Dec 1986

Vol. 35, No. 12, December 3, 1986, University Of Michigan Law School

Res Gestae

•Seligman Accepts Offer at Law School •Administration Evicts Res Gestae From Office •RG Prints Its Last ...For the Semester •Gender Concerns Shouldn't Contort our Language •U-M Hoopsters Haven't Got it This Year •New Professor Hired •Fifty Ways to Leave your Textbook •Law In The Raw

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Francis A. Allen, Terrance Sandalow Dec 1986

Francis A. Allen, Terrance Sandalow

Articles

Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for thirty …

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Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar Dec 1986

Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar

Articles

Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, …

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Vol. 35, No. 11, November 19, 1986, University Of Michigan Law School Nov 1986

Vol. 35, No. 11, November 19, 1986, University Of Michigan Law School

Res Gestae

•Fried Defends Role of Solicitor General's Office •Schauer Explains Porn Commission Report •Loan Forgiveness Plan Adopted •Senate Limits Undergrad Access to Bar •Dropping Like Flies •Dean Search Info Released •Eklund: Ethics Required •Electoral College Defended •Rozen Attacks ''Review'' Article •Constitution Wished Away •DeRoy Fellow Fried Criticizes Roe •Public Interest Work Earns Loan Forgiveness • Porn Commission Discussed •Report's Treatment Discouraging •Diversions •Interviewing Play: A Farce or Tragedy? •Law In The Raw

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Vol. 35, No. 10, November 12, 1986, University Of Michigan Law School Nov 1986

Vol. 35, No. 10, November 12, 1986, University Of Michigan Law School

Res Gestae

•U-M Law Student Wins Big On Jeopardy •Michigan SFF Helps Found, Fund National •Senate Amends Budget Guidelines •More Help •1L Disagrees with RG's Revelations •Liberal Bench: Easy Target •National SFF is Created •Straight From the Pumpkin's Mouth •Law In The Raw

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Vol. 35, No. 9, November 5, 1986, University Of Michigan Law School Nov 1986

Vol. 35, No. 9, November 5, 1986, University Of Michigan Law School

Res Gestae

•Secret Society Thrives at Law School •Line Budget Proposal Draws Fire •Derelict in Duty to Students •To Have & Have Not •ACLU Defends Admissions Revelation •Needed: an Rx for Ethical Deficiency among Michigan Law Students •Typical Classes Don't Teach Ethics •Diversions

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Government Responsibility For Constitutional Torts, Christina B. Whitman Nov 1986

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …

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Vol. 35, No. 8, October 29, 1986, University Of Michigan Law School Oct 1986

Vol. 35, No. 8, October 29, 1986, University Of Michigan Law School

Res Gestae

•Berger Accuses U-M Faculty of Brainwashing •Justice Archer Calls for Courtroom Cameras •Child Advocacy Clinic Celebrates Tenth Year •Senators Blast RG Article •Second-Guessing Senators •RG Irresponsible at Best •12 Journal Dropouts an Aberration •The Death of a Treaty •Notices •Kinoy calls Meese a Threat to Liberty •Crossword •The Ghost of Christmas Passed •Happy Haunting in Hutchins Hall •Law in the Raw

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Vol. 35, No. 7, October 22, 1986, University Of Michigan Law School Oct 1986

Vol. 35, No. 7, October 22, 1986, University Of Michigan Law School

Res Gestae

•Confidential Admissions Data Revealed •No Progress on Dean Search Committee •Court Candidate Kaufman Criticizes Competitor •Publication Dropouts •Feds' Answer Unsatisfactory •ELS Concerned About Sax Replacement •Courtade Blasts Senate Critics •Senators Clash over Phones, Procedure •The Admissions Year in Means and Medians •Archer To Visit •Diversions •Interviewing Season: A View to a Kill •Law in the Raw

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Vol. 35, No. 6, October 15, 1986, University Of Michigan Law School Oct 1986

Vol. 35, No. 6, October 15, 1986, University Of Michigan Law School

Res Gestae

•ACLU & Feds Look to the Left, Right •Former Football Player Tackles Law School •Recycling Comes to Quad •Dancing in the Dark •Radicals and Liberals are Different Animals •Basement Groups Phone Horne? •Leiter Offers Cites to Critics •Koochie Koochie: Dream Dean Picked •Crossword •Notices •Diversions •Law In The Raw

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Vol. 35, No. 5, October 8, 1986, University Of Michigan Law School Oct 1986

Vol. 35, No. 5, October 8, 1986, University Of Michigan Law School

Res Gestae

•Alaska Law Lures Michigan Summer Associates •Moot Court Kicks Off •Senate Cuts Off Basement Groups' Phone Cash •No BYO •Leiter's Arguments Condemned •Rozen Condemns Heckler's Veto •Senate Tightens Control Over Budget •Notices •Warning! Blue Velvet is Strong Stuff •Diversions •Movies & Law; a 'Dirty' Business •Bright Fluorescent Lights, Big Classroom •Law In The Raw

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Vol. 35, No. 4, October 1, 1986, University Of Michigan Law School Oct 1986

Vol. 35, No. 4, October 1, 1986, University Of Michigan Law School

Res Gestae

•Law School Minority Groups Seek Recruits •Cheating Rumors Investigated by Faculty •Senate Okays Budget; Castro Objects to Action •Relax, Dammit •Feds Are Pond Scum •Dice Rolled on Exam Criticism •1L Class Lacks Native Americans •Take My Summer Associate Job Please

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Vol. 35, No. 3, September 24, 1986, University Of Michigan Law School Sep 1986

Vol. 35, No. 3, September 24, 1986, University Of Michigan Law School

Res Gestae

•Senate Allocates Scarce Resources •Rabban's Labor of Love •LSSS Looks to Eklund for Funds •A Green Thumb •Shapiro's Rejection of Faculty's Recommendation Angers Alums •Dice: Exam Shocking & Sexist •Judicial Politics: Necessary & Proper •Harassment of LGLS Must Stop •U-M Law School Should Adopt Legal Critters •Your Grades are Determined by Chance •Proposed Senate Budget Allocations •Lawyers Aren't Angels on L.A. Law •The Living 's Easy? •Law In The Raw

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Vol. 35, No. 2, September 17, 1986, University Of Michigan Law School Sep 1986

Vol. 35, No. 2, September 17, 1986, University Of Michigan Law School

Res Gestae

•U-C's Simpson Coming to Michigan •Courtade: "Groups Should Expect Cuts" •Law School Benefactor Had a Less Generous Side •Sandalow Cites Errors •Rate the Porn Movies •De Facto Dropouts •Proposed Senate Budget Allocations •ILS Party Draws Fire •Creative Writing 101: Legal Resume

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Vol. 35, No. 1, September 10, 1986, University Of Michigan Law School Sep 1986

Vol. 35, No. 1, September 10, 1986, University Of Michigan Law School

Res Gestae

•Dean Sandalow Resigns •Tenure Denial Upsets Law School •He Deserved Better •Sax Thanks Students •Grad Blasts Federalist Society •Sandalow Betrays Faculty? •Vining Kicks Illness that Cancelled E.O. Exam •Res Gestae Goes Computer •Students Feel Cheated by Professor 's Decision •Success and the Second-Year: Room 200 Tips •LSSS Kicks Reporter out of Meeting •Notices •No Bugs in New Version of The Fly •Law In The Raw •Crossword

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Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider Sep 1986

Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider

Articles

The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …

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Some Questions For Republicans, Don Herzog Aug 1986

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

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The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert May 1986

The New Evidence Scholarship: Analyzing The Process Of Proof, Richard O. Lempert

Articles

When I began teaching evidence seventeen years ago, the field was moribund. The great systematizers of the common law-Wigmore, Maguire, McCormick, Morgan and their ilk-had come and, if they had not all already gone, their work was largely finished. Not only was most of what passed for evidence scholarship barely worth the reading-the same, after all, could be said of many fields of law at most times-but disregarding student work, few scholars were writing regularly on evidentiary matters.

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Vol. 34, No. 22, April 9, 1986, University Of Michigan Law School Apr 1986

Vol. 34, No. 22, April 9, 1986, University Of Michigan Law School

Res Gestae

•Panel argues U.S. Aid policy in Central America •ELS forum stresses state cooperation in toxic regulation •'The Firm' Reveals True Talent in the Law Revue •Attention, smokers! Don't light-up here •Mitchell condemns PIRGIM class plea •How soon until lawyers conquer space •So long •New Senate Scraps the Committee Faculty Meeting •Indian law students sponsor Law Day Friday •Notices •Architecture & Law: A house of cards •Law in the Raw

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Vol. 34, No. 21, April 2, 1986, University Of Michigan Law School Apr 1986

Vol. 34, No. 21, April 2, 1986, University Of Michigan Law School

Res Gestae

•Club Video Games, Hutchins Lockers Broken Into •Students Find a Law School High Note •New Immigration Law Clinic Established •Panel Addresses AIDS Laws, Public Health Considerations •Mary White Named Case Club Leader •ELS to Hold Great Lakes Forum •Clean Up Your School •Richner Attacks RG Story •Hunter Defines RG Policy •Summer Time Blues •The Indi Gestae •"Bork is a Porker!" Says Dean Sandalow •Pillsbury Execs Tab New Doughboy •Dean Denies Kickback Rumors •Reader Bitches and Complains: We Just Couldn't Care Less •Gothic Must Go •1L Seeks Clues to Crisis: Who are We, Shell Answer Men? •Blight of the Giving Dead: …

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Vol. 34, No. 20, March 26, 1986, University Of Michigan Law School Mar 1986

Vol. 34, No. 20, March 26, 1986, University Of Michigan Law School

Res Gestae

•Externs Experience the Outside World •Speakers Balance Rights •D.C. Court's Bork Will Grill Campbell Finalists •Posters Are Razed •Court Ok's Lying to Lawyers •Undergrads Underground? •Vandalism Concerns Senate •Notices •Elections •'Hannah and Her Sisters 'Allen's Finest •What is a Key Grip in Movie Credits? •Go-Go's: An American Band •Shirley Closes in on the Victory of his Young Life •Summer on the People's Appellate Court Flies By •Law In The Raw

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Vol. 34, No. 19, March 19, 1986, University Of Michigan Law School Mar 1986

Vol. 34, No. 19, March 19, 1986, University Of Michigan Law School

Res Gestae

•Cooley Lectures Address Religion and Law •Student Senate Tightens its Money Belt •Review, Journal & Yearbook Select New Editors •SFF Summer: Rewarding •More Professors, Please •Please! Make an SFF Donation •NCAA Upsets Shatter Hopes and Dreams •Notices •Three Professors Earn Tenure •Oscar, Oscar, Oscar: Komie Picks 'Em! •Highlander stretches audience imagination •Law In The Raw

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Vol. 34, No. 18, March 12, 1986, University Of Michigan Law School Mar 1986

Vol. 34, No. 18, March 12, 1986, University Of Michigan Law School

Res Gestae

•Senate Hears Groups' Money Requests •Pickens Calls for Accountable Managers •Student Part-time Jobs go Beyond Library •Clerkships Available for Many •Ignore Harvard •Westlaw, Lexis to Remain in Sub-Two •Useless Phrases For Our Time •SFF Allows Public Interest Summers •Crease Ball Coming Soon •Notices •Class dismissed! NCAA finals are here •The Color Purple is Lacking in Tone •Crossword •Law in the Raw •Mullen Ponders Chariots of the Quads •Law Student Geeks: an Undergrad Horror Story

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Vol. 34, No. 17, February 19, 1986, University Of Michigan Law School Feb 1986

Vol. 34, No. 17, February 19, 1986, University Of Michigan Law School

Res Gestae

•Law School Rejects Preferred Admissions Plan •Statute Axed Tropics Trip •Law School and ABA to Stage Negotiation Contest •Take That Break •SFF Summer: Time Well-Spent •Early Admissions Means Pressure •Library Traffic Concerns Students •Senate Allocates More Than $600 to Groups •Notices •'C' Student Makes the Grade, Money in Real World •Swimmers Stroke to IM Fame •Law In The Raw

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Vol. 34, No. 16, February 12, 1986, University Of Michigan Law School Feb 1986

Vol. 34, No. 16, February 12, 1986, University Of Michigan Law School

Res Gestae

•Committee Scraps Proposed Flyback Break Idea •lglitzin Acquitted of Trespass •Indian Expert Visiting School for Semester •Prof. Allen to Retire at Year-end •Say No to Sub-one Computers •Don't Bank on it •Religion not Trivialized by Separation of Church and State •Odle Analyzes First Year Experience •New Senate Election Procedure Narrowly Defeated •More Sandalow: the University Owns the Library •Notices •The Color Gold, Not Always What It Appears •Crossword •Law in the Raw •Grade Expectations: Our 'Bleak House'

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Vol. 34, No. 15, February 5, 1986, University Of Michigan Law School Feb 1986

Vol. 34, No. 15, February 5, 1986, University Of Michigan Law School

Res Gestae

•Computer Facility Planned on Sub-one •Senate Cures Video Woes •Law Yearbook only a Memory •State of the Law School Interview •Doctor Dissects Lodahl •No Library Access •Students Defend White •Moviegoer Dislikes Theatre •Sandalow: No Suggested Curves Past First Year •Notices •Ran, Don't Walk, to New Kurosawa Film •Crossword •Law In The Raw

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Vol. 34, No. 14, January 29, 1986, University Of Michigan Law School Jan 1986

Vol. 34, No. 14, January 29, 1986, University Of Michigan Law School

Res Gestae

•Law Students Socked With Computer Fee •Kamisar and Grano Argue Miranda's Vitality •Computers on Sub-One •ACLU Heads Off Sweeps •Of Religion And Politics •''Must Be A Gut" •Lambert Takes RG to Task •Politics as Usual in Court Appointments •Lodahl Examines Medical Malpractice •Shapiro Explains Courtroom Advocacy •Notices •Redford & Streep Dazzle Out of Africa •White Castle: The Taste Hunter Can Live Without •Crossword •Fear, Loathing And Ruf In Lake Tahoe •Law In The Raw

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Vol. 34, No. 13, January 22, 1986, University Of Michigan Law School Jan 1986

Vol. 34, No. 13, January 22, 1986, University Of Michigan Law School

Res Gestae

•The Odds Favor Law Contest Entrants •Senate Tackles Computers •Book Vandals Haunt Library •Sandalow Gets a Raise •R.G. Should Boost Circulation •They Earn It? •Kenyon Honors Martin as Example to Gays •Senate Thanks Students for Food Drive •Faculty Indifferent to Student Senate •White's Dictionary Gives New Meaning to the Law •Help Us! •Superbowl Aside, Baseball Picks Here •Law In The Raw

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Vol. 34, No. 12, January 15, 1986, University Of Michigan Law School Jan 1986

Vol. 34, No. 12, January 15, 1986, University Of Michigan Law School

Res Gestae

•Professor Martin Dead at Forty-One •Moot Court Competition Quarter Finals Approach •Picozzi Suit Is Dismissed •Law Senate Gets Rolling •Jim Martin's Life and Letters •Bitches and Moans •Holden Caulfield Roams Lawyers 'Club •Law in the Raw

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Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

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