Law Commons^™

Passport To Toledo: Cuno, The World Trade Organization, And The European Court Of Justice, Reuven S. Avi-Yonah

Articles

The purpose of this article is to try to place the debate about Cuno v. DaimlerChrysler in a broader perspective by connecting it with the overall discussion of harmful tax competition. It discusses two hypothetical scenarios under which the city of Toledo, Ohio, is (a) a separate country and (b) a member state of the European Union. If the first hypothetical were true, the tax incentives offered by Toledo would violate the rules of the World Trade Organization; if the second hypothetical were true, the tax incentives would also violate the Treaty of Rome, as interpreted by the European Court …

Documenting Discrimination In Voting: Judicial Findings Under Section 2 Of The Voting Rights Act Since 1982, Ellen D. Katz, Margaret Aisenbrey, Anna Baldwin, Emma Cheuse, Anna Weisbrodt

Other Publications

This year marks the fortieth anniversary of one of the most remarkable and consequential pieces of congressional legislation ever enacted. The Voting Rights Act of 1965 ("the VRA") targeted massive disfranchisement of African-American citizens in numerous Southern states. It imposed measures drastic in scope and extraordinary in effect. The VRA eliminated the use of literacy tests and other "devices" that Southern jurisdictions had long employed to prevent black residents from registering and voting. The VRA imposed on these jurisdictions onerous obligations to prove to federal officials that proposed changes to their electoral system would not discriminate against minority voters. Resistance …

"Boilerplate": An Introduction, Omri Ben-Shahar

Law & Economics Working Papers Archive: 2003-2009

This short essay introduces the themes that are developed in twelve articles that were delivered recently in a symposium on “Boilerplate: Foundations of Market Contracts” at the University of Michigan Law School. The proceeding of the symposium will be published in Volume 104 of the Michigan Law Review.

Boilerplate And Economic Power In Auto Manufacturing Contracts, Omri Ben-Shahar, James J. White

Law & Economics Working Papers Archive: 2003-2009

This article studies the standard form contracts used by automobile manufacturers to purchase auto parts. It explores how the contracts reflect divisions of bargaining power, asymmetric information, problems of hold-up and renegotiation, and market competition. Based on interviews with representatives of buyers and suppliers, the article also describes the process of drafting the forms, the negotiation over price and other terms in the shadow of these forms, and the opportunities for non-drafters to extract improved terms. Some of the main lessons are: (i) The terms of the contracts and the bidding process prevent ex-post hold-up by suppliers (in contrast to …

Learning The Wrong Lessons From "An American Tragedy", David Bernstein

Law & Economics Working Papers Archive: 2003-2009

This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert,” forthcoming in the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects.

Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it …

The Irrational Auditor And Irrational Liability, Adam C. Pritchard

Law & Economics Working Papers Archive: 2003-2009

This essay argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession …

Vol. 56, No. 6, November 15, 2005, University Of Michigan Law School

Res Gestae

•Professors Provide Powerful Exam Tips •Question on the Quad •Professor Herzog Talks Torts, Teaching, and Swift •Over 70 M-Law Students 'Get Arrested' With New Club •Academic Journals: Humanity's Only Hope? •Introducing the Poetry of Elizabeth Bishop •Abandon All Cell Phones, All Ye Who Enter •Jenny Runkles Photos •Three Years in the Life of 3L Section ABCD •2L Speaks Out on Gender, Grades, and Giving Hugs •Addiction Can be a Good Thing •On the Supreme Court, Love and Basketball •'Twas the Night Before Finals

They're Playing A Tango, John W. Reed

Other Publications

An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.

Vol. 56, No. 5, November 1, 2005, University Of Michigan Law School

Res Gestae

•A Half-Hour With Prof. Horwitz •Editorial: Move Your Lunch or Lose It •Question on the Quad •Fear No Evil in Campus of the Dead •Introducing the Poetry of James Merrill •Halloween Party Photos •BLSA Date Auction Photos •When Did I Become Grandpa? •Lonely Litigants Looking for Love, Liability •An Immodest Proposal: Or, Against Socratism •Letter to the Editor

Vol. 56, No. 4, October 18, 2005, University Of Michigan Law School

Res Gestae

•Lost and Found: Mitch's to Return Next Year •Editorial: Reading Room Etiquette Not Just for Students •Hotel Rwanda Subject Rusesabagina Awarded Wallenberg Medal, Gives Lecture •Professor Weiler on EU Constitution: It Should Have Been a Treaty •Court's 216th Session is One to Watch •Thirty Minutes with Professor Blumenthal •A Chicago-Based Alumnus Wakes Up •How My Undergrad Days Saved My Law School Soul •Bar Night Photos •Attractive Nuisance: Laura Fargas •Why I Still Believe in the Football Team at 3-3 •Faculty, Students Question Times' Story •The Scoop on the LSSS Halloween Party •A Judge for All Cases, Places, and Faces •Take …

Vol. 56, No. 3, October 4, 2005, University Of Michigan Law School

Res Gestae

•Professor Lutz Discusses Life, Law School and the Pursuit of Success •Editorial: Construction Frustrates Disabled Access •Feeling Like the Mayor of DingVille? Here's How to Execute Plan B •Learn How to Land a Public Interest Job •Rubin on Roberts: "He's No Moderate" •Me as a Lawyer: Better than Shatner? •Last Chance to Take Part in the Record-Breaking Nannes Third-Year Challenge •Please Don't Kick Me Out: The Average 1L Settles In •Violate Some Copyrights Tonight: Check Out These New Tracks on the D/L •Introducing the Poetry of Robert Lowell •Two Time Contender Gives Campbell Advice •LLSA Golf Scramble Photos •Crossword

Clinic Times, University Of Michigan Law School

Newsletters

Fall 2005 issue of the University of Michigan Law School Clinics' newsletter.

Vol. 56, No. 2, September 20, 2005, University Of Michigan Law School

Res Gestae

•Read the Inside Scoop on the Class of 2008 •M-Law Opens its Doors to New Orleans Students •Follow These Tips to Keep Your Computer Alice and Processing •Take the Nannes Challenge and Pump Up Your Student Organization's Budget •Policy Implications of Deafening Construction •Lifestyle Advice to 1Ls •Open Your Ears to a Cross-Continental Summer Music Recap •Grade Curves •Federalist Society Kicks Off Year with Discussion of Eminent Domain Decision •I Know What You Watched Last Summer •Introducing the Poetry of Louise Gluck •Advice from an Alum on the Last Year •Commonly Asked Questions at Michigan Law •Crossword •Bar Night Pics …

Offshore Outsourcing And Workers Rights, Theodore J. St. Antoine

Articles

No abstract provided.

Vol. 56, No. 1, August 29, 2005, University Of Michigan Law School

Res Gestae

•Career Services Dispels Seven Myths of Early Interview Week •How to Succeed at OCI Without Really Trying •Top Ten Reasons to Say "Yes!" When a 3L Asks You Out •Learn How to Find a Firm Job and Be Happy •The OCI Drinking Game! •Frequently Answered Questions at OCI •Crossword

Rev. Proc. 2005-24 And The Upc Elective Share, Lawrence W. Waggoner

Law & Economics Working Papers Archive: 2003-2009

This article discusses Revenue Procedure 2005-24, which came as a bombshell to the estate-planning bar. The Rev. Proc. requires a spousal waiver of elective-share rights in order for a charitable remainder annuity trust (CRAT) or a charitable remainder unitrust (CRUT) created on or after June 28, 2005, to qualify for a charitable deduction. The elective share is a statutory provision common to most probate codes in non-community-property states that protect a decedent’s surviving spouse against disinheritance.

The Rev. Proc. is primarily though apparently not exclusively addressed to the elective share of the Uniform Probate Code (UPC). Unfortunately, the Rev. Proc. …

Partial Ban On Plea Bargains, Oren Gazal

Law & Economics Working Papers Archive: 2003-2009

The influence of the plea bargaining system on innocent defendants is fiercely debated. Many scholars call for a ban on plea bargaining, arguing that the practice coerces innocent defendants to plead guilty. Proponents of plea bargaining respond that even an innocent defendant is better off when he choose to plea bargain in order to assure a lenient result, if he concludes that the risk of wrongful trial conviction is too high. They claim that since plea bargaining is only an option, it cannot harm the defendant whether he is guilty or innocent. This paper argues that the both supporters and …

A Government Of Limited Powers, Carl E. Schneider

Articles

Roscoe C. Filburn owned a small farm in Ohio where he raised poultry, dairy cows, and a modest acreage of winter wheat. Some wheat he fed his animals, some he sold, and some he kept for his family's daily bread. The Agricultural Adjustment Act of 1938 limited the wheat Mr. Filburn could grow without incurring penalties, but his 1941 crop exceeded those limits. Mr. Filburn sued. He said Claude Wickard, the Secretary of Agriculture, could not enforce the AAI's limits because Congress lacked authority to regulate wheat grown for one's own use. He reasoned: In our federal system, the states …

The University Of Michigan Law School Report Of Giving, July 1, 2004 - June 30, 2005, University Of Michigan Law School

Miscellaneous Law School History & Publications

An annual report of giving from the members of the University of Michigan Law School community.

Institutions And Inclusion In Saving Policy, Michael S. Barr, Michael Sherraden

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

Credit Where It Counts: Maintaining A Strong Community Reinvestment Act, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

The Community Reinvestment Act (CRA) has helped to revitalize low- and moderate-income communities and provided expanded opportunities for low- and moderate-income households. Recent regulatory steps aimed at alleviating burdens on banks and thrifts are unwarranted, and may diminish small business lending as well as community development investments and services. This policy brief explains the rationale for CRA, demonstrates its effectiveness, and argues that the recent regulatory proposals should be withdrawn or significantly modified.

Modes Of Credit Market Regulation, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

The Real Impact Of Eliminating Affirmative Action In American Law Schools: An Empirical Critique Of Richard Sander's Study, David L. Chambers, Timothy T. Clydesdale, William C. Kidder, Richard O. Lempert

Law & Economics Working Papers Archive: 2003-2009

In an article in Stanford Law Review, Richard Sander argues that the practice of American law schools of taking race into account in admissions to law school perversely leads to fewer black lawyers entering the bar each year than would be the case without affirmative action. Sander’s claim is that, while ending affirmative action would reduce somewhat the number of black students admitted to any law school, there would in the end be more black lawyers because those black students who do attend law school would no longer attend schools where they are over their heads academically and would graduate …

Hard Cases And The Politics Of Righteousness, Carl E. Schneider

Articles

The law of bioethics has been the law of cases. Interpreting the common law and the Constitution, judges have written the law of informed consent, abortion, and assisted suicide. Reacting to causes célèbres, legislatures have written the law of advance directives and end of life decisions. The long, sad death of Terri Schiavo eclipsed even the long, sad deaths of Karen Ann Quinlan and Nancy Beth Cruzan in the duration and strength of the attention and passions it evoked. What are Schiavo’s lessons? Hard cases, lawyers say, make bad law. Why? First, hard cases are atypical cases. They present abnormal …

Credit Where It Counts: The Community Reinvestment Act And Its Critics, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

Despite the depth and breadth of U.S. credit markets, low- and moderate-income communities and minority borrowers have not historically enjoyed full access to credit. The Community Reinvestment Act (CRA) was enacted in 1977 to help overcome barriers to credit that these groups faced. Scholars have long leveled numerous critiques against CRA as unnecessary, ineffectual, costly, and lawless. Many have argued that CRA should be eliminated. By contrast, I contend that market failures and discrimination justify governmental intervention and that CRA is a reasonable policy response to these problems. Using recent empirical evidence, I demonstrate that over the last decade CRA …

The Deregulation Of International Trucking In The European Union: Form And Effect, Francine Lafontaine, Laura M. Valeri

Law & Economics Working Papers Archive: 2003-2009

This paper examines how the deregulation of the international road transport industry in Western Europe has affected 1- the total quantity of cross-border road transport in the region; 2- the degree to which shippers outsource rather than integrate vertically their cross-border transport needs; and 3- the extent to which different countries participate in international road freight transport in Western Europe. Not surprisingly, we find that deregulation has had a large positive effect on the amount of international road transport net of the effect of the trade ties that grew over time among European Union countries. Moreover, consistent with the fact …

Globalization, Law & Development: Introduction And Overview, Michael S. Barr, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

Vol. 55, No. 16, April 12, 2005, University Of Michigan Law School

Res Gestae

•Our Neighbor from the North: A Chat with Professor Pottow, Eh? •Top Ten Tips to Exams •Asking About 'Don't Ask, Don't Tell' •Celebrating the Life of John Pickering, '40 •Environmental Law Society Spurs Global Warming Debate •How to Survive Law Firm Rejection •Playground Choice of Law: A Farewell to Law School •An Open Letter to Our Community: What We're Not Talking About •'Old Hollywood' Winter Formal Photos •Get Your Dream Job in Your Dream City •Computing My Life Happiness Average •Dr. Strangelove, Esq: How I Learned to Stop Worrying and Love the Undergrads

Microfinance And Financial Development, Michael S. Barr

Law & Economics Working Papers Archive: 2003-2009

No abstract provided.

Vol. 55, No. 15, Preview Weekend 2005, University Of Michigan Law School

Res Gestae

•'Term of Arts' Transforms Hutchins Basement into Student Art Gallery •NALSA Wins Best Brief •An Apology to Our Readers •Campbell Finalists Prep for the Big Dance •Meet Your 2005 LSSS Candidates •Talking About Practice: Associate Dean McCormack Talks Clinics •Rosenbaum 'Stumbles' to M-Law •Butch Carpenter Photos •SFF Auction Photos •Grade Curves •Yeah, I Just Said That •Our of Retirement: The Eyes Have It •Inside the Unconstitutional Due Process of 'Desperate Housewives'