Law Commons^™

Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School

Res Gestae

•Halloween Party Set for October 30 •Moot Court Season Begins •Figure Out Just How Big a Loser You Really Are •And You Thought Your Life Was Miserable •At Least Find Somewhere More Sophisticated than Rick's •I'll Be Siskel, You Be Ebert •Celebrate the Holidays- RG Style •Alcohol Eases the Pain

Vol. 49, No. 3, October 2, 1998, University Of Michigan Law School

Res Gestae

•Baum Comes of Age •1Ls Elect Their Leaders •Baum Backs Down •1Ls Allowed to Attend Sonobe Lecture •We Find the Weirdest Things in Our Pendaflexes •What Some People Do for the Good of the Country •Some RG Staff Members Have the Way too Much Time on Their Hands •We are So Glad Larry Was Paroled

Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School

Res Gestae

•A Fresh Start for Career Services •LSSS Passes New Funding Policy •Law School Hires Five New Faculty Members •Are Student/Faculty Relationships Good? •But Did He Ever Get to Meet the Beatles? •Give Me a Home, Where the Buffalo Roam, and the Geeks and the Antelope Play? •Welcome Back Larry •But Doesn't Sierre Leone Need Legal Services?

Vol. 49, No. 1, September 3, 1998, University Of Michigan Law School

Res Gestae

•Cook Lecture Slated for Sept. 8 •New School Year Brings New Visiting and Adjunct Faculty •Administrative Landscape Altered •Rhymes of Reason •Welcome Back! Well, back, anyway… •Interviewing? Can't Go Wrong With Our Sound Advice… •Who? •Excuses •Pleas

The Effects Of Tax Law Changes On Property-Casualty Insurance Prices, David F. Bradford, Kyle D. Logue

Book Chapters

One of the most important components of the balance sheet of a property-casualty insurance company is the loss reserve. In spite of what the term may suggest, a loss reserve is not a pot of funds set aside for the uncertain future. It is an accounting entry, a liability on the balance sheet. More precisely termed the unpaid-losses account, the loss reserve expresses the amount the company expects to pay out in the future to cover indemnity payments that will come due on policies already written for losses that have already been incurred and to cover the costs of dealing …

Vol. 48, No. 10, April 23, 1998, University Of Michigan Law School

Res Gestae

•$500 For Brian Simpson? Are You Serious? •Student Debate Explores Affirmative Action •What's Next for Career Services? •Larry, Clarence and the Homoerotic Photographer •Save Rick Hills •The Dean Wants to Have a Few Words With You •I'm Really Hungover and I can't think of Anything Witty to Say About Larry's World So... •RIP Legal Lad •But Can He Do the Lambada?

Vol. 48, No. 9, April 1, 1998, University Of Michigan Law School

Res Gestae

•Changes Coming to Records Office •U.S. News Ranking Corrected: Career Services Now #1 •David Baum Purchases Dominick's: "Free Sangria for All" •SFF Granted Liquor License for Auction •Lawsuit Filed Against School Seeking to Ban Graduation Because it Discriminates Against Idiots •Michigan Militia Co-Sponsoring JLR Symposium to Move Away From Anonymous Jury System •JJ White Makes Move to Have Faculty Salaries Drawn From a Hat •Dean Lehman Announces New Schedule- All Students Required to Take 8AM Comm Trans •Law Quad, Ashley's Contract to Provide Food Service •Top Ten Reasons the RG Needs Its Own Computers

Vol. 48, No. 8, March 18, 1998, University Of Michigan Law School

Res Gestae

•Do We Need Reform in Career Services? •Nine Down, Only 16 to Go •Larry Visits Clarence's Magazine Collection •Gotta Love Those Curves •Letters to the Editor •Larry and the Dirty Old Man in the Trench Coat •Time Flies… •If You Think the JLR Symposium is Impressive, You Haven't Seen Anything Yet

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her parents kept …

Vol. 48, No. 7, February 25, 1998, University Of Michigan Law School

Res Gestae

•Jessup Team to Compete in Internationals First APALSA Symposium Client Counseling Team Takes Third at Regional Competition Everything You've Ever Wanted to Know About Professor Logue but Were Afraid to Ask Bruce Man Can't Jump •Movie Reviews for Movies we Didn't See •Larry's Weekly Contribution to his FBI File •It Pays to Stay in School

Vol. 48, No. 6, February 11, 1998, University Of Michigan Law School

Res Gestae

•No, We Ain't Got No Computers •Six Faculty Offers Extended •A Dated Look at the Winter Graduation Ceremonies •Is William Cook Spinning in his Grave? •Bruce Manning v. Responsibility •Spice Girls v. Dignity •Larry v. Ronald McDonald •Rick v. Discretion •Campus Response to Affirmative Action Lawsuit

Review Of Political Theory For Mortals: Shades Of Justice, Images Of Death, Donald J. Herzog

Reviews

Daring to go where plenty of mortals have gone before him, John Seery sets out to explore death. The resulting volume, more episodic than sustained, is brash, even feverishly energetic, as though Seery is desperately cheery about his chosen topic. This book is by turns witty and irritating, its interesting conjectures and lines of argument intimately mixed up with what this stodgy reader saw as frivolous posturing. It's easy to lampoon Seery's prose style; in fact, all one needs to do is quote it. Socrates, we learn, is "a blowhard buffoon," or at least readers might reasonably see him that …

Focus On Faculty - Rebecca S. Eisenberg, Rebecca S. Eisenberg

Other Publications

As a teenager, I had a passion for studying foreign languages. I loved immersing myself in an unfamiliar idiom, struggling to make sense of another system for parsing words and sentences to describe experiences and observations. I reveled in subtle differences in the meaning of words that were sometimes, but not always, equivalents in translation. Most intriguing of all were the occasional insights I gained into the limitations of my own language when I recognized that a foreign locution simply has no English equivalent.

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 15, 1998 University of Michigan Law School Honors Convocation.

The University Of Michigan Law School Scholarships 1998, University Of Michigan Law School

Miscellaneous Law School History & Publications

The presence of talented and diverse students helps make the University of Michigan Law School a dynamic academic environment. The School is fortunate to have more than one hundred endowed scholarship funds - attracting the brightest students regardless of their ability to meet the high costs of legal education. Endowed scholarship funds have a profound impact on the School and the lives of its students.

The Law School is delighted to recognize those donors whose generous support makes such scholarships possible. We are grateful to our graduates and friends whose vital interest in the School has promoted them to invest …

Dicta, University Of Michigan Law School

Miscellaneous Law School History & Publications

We would like to extend our appreciation to the Law School Student Senate and the Nonnes-Rom Challenge fund for their financial support, to the Law School Copy Center for its technical support, and to Prof. Ronald Monn and Adam Chester for their counsel on copyright issues. We thank you, our readers, for your interest.

Most of all, we would like to thank all of those members of the law school community who took the time and effort to submit their work. Without their energy and courage, this journal would cease to exist.

Enjoy.

Upstream Patents = Downstream Bottlenecks, Rebecca S. Eisenberg, Michael A. Heller

Articles

Thirty years ago in Science, Garrett Hardin introduced the metaphor "tragedy of the commons" to help explain overpopulation, air pollution, and species extinction. People often overuse resources they own in common because they have no incentive to conserve. Today, Hardin's metaphor is central to debates in economics, law, and science and powerful justification for privatizing commons property. While the metaphor highlights the cost of overuse when governments allow too many people to use a scarce resource, it misses the possibility of underuse when governments give too many people rights to exclude others. Privatization can solve one tragedy, but cause another.

Confrontation: The Search For Basic Principles, Richard D. Friedman

Articles

The Sixth Amendment to the Constitution guarantees the accused in a criminal prosecution the right "to be confronted with the Witnesses against him."' The Confrontation Clause clearly applies to those witnesses who testify against the accused at trial. Moreover, it is clear enough that confrontation ordinarily includes the accused's right to have those witnesses brought "face-toface," in the time-honored phrase, when they testify.2 But confrontation is much more than this "face-to-face" right. It also comprehends the right to have witnesses give their testimony under oath and to subject them to crossexamination. 3 Indeed, the Supreme Court has treated the accused's …

Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert

Reviews

Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William …

Anchors And Flotsam: Is Evidence Law 'Adrift'?, Richard D. Friedman

Reviews

Difference, as well as distance, yields perspective. A comparison of legal systems may search for common underlying principles, or for lessons that one system might learn from another. But it may also be aimed primarily at illuminating one system by light shed from another. This is the aim of Evidence Law Adrift, Mirjan Damagka's elegant study of the common law system of evidence, and he is ideally suited for the task. Born and schooled in Continental Europe, he has lived and taught in the United States for twenty-five years. His relation to the common law system of evidence is, I …

The Gift Of Language, Joseph Vining

Articles

Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …

A Critique Of The Proposed National Tobacco Resolution And A Suggested Alternative, Jon D. Hanson, Kyle D. Logue

Articles

The first criticism is that the proposed resolution would not require manufacturers and, in tum, consumers to pay anything approaching the true total costs of cigarettes, costs that we estimate to be at least $7 per pack, a number that is considerably higher than other estimates that have been reported in the media. Our estimate includes some, but not all, of the costs borne ultimately by smokers themselves, by smokers' insurers, and by individuals injured by second-hand smoke. It includes only future costs and excludes many of those. So, for example, the figure includes neither the health-care costs that have …

Focus On Faculty, Richard D. Friedman

Other Publications

Professor Richard Friedman talks about his scholarship and work.

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field (Symposium: The Economics Of Evidentiary Law), Richard D. Friedman

Articles

The law and economics movement has had a major impact on many areas of law, but rather little on the law of evidence. This is not to say that there have been no attempts to analyze evidentiary issues through an economic lens,' but such efforts are far more scattered in evidence than in other legal fields, including the closely related one of civil procedure.2 Believing that economics has value for evidentiary analysis, I suggested to the Executive Committee and Advisory Board of the Evidence Section of the Association of American Law Schools ("AALS"), when I was chairman of the section, …

Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …

The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman

Articles

Lewis F. Powell Jr. came to the U.S. Supreme Court in 1972 reluctantly and at an age when many professionals are anticipating retirement rather than a career change. But the Court suited him. He grew to love the work, although he often found it agonizing, and he thrived on the role he played in the history of the Constitution.

Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger

Articles

How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …

A Populist Critique Of Direct Democracy, Sherman J. Clark

Articles

It is often assumed that direct democratic processes - referenda and initiatives - offer the people a chance to speak more clearly than is possible through representative processes. Courts, commentators, and political leaders have defended or described direct democratic outcomes as the voice of the "people themselves." Because plebiscites allow the people to speak directly, without the potential distortion inherent in representation, they seem ideally responsive to popular will. Indeed, even critics of direct democracy appear to grant as much. Critics are quick to point out, of course, that actual plebiscites often fall far short of the ideal. Uneven voter …