Law Commons^™

"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton

University of Michigan Journal of Law Reform

This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …

Preserving Purchase Money Security Interests And Allocating Payments, Lynda Kay Chandler

University of Michigan Journal of Law Reform

This Note explores the rationale underlying the courts' conflicting decisions in light of the purposes of the UCC. It concludes that the language of the UCC and its goals of uniformity and simplification require that a PMSI should not be entirely destroyed because a creditor also has a security interest in items the debtor acquired after the purchase money transaction or because a creditor extends additional credit. The best solution is to permit the creditor to retain a PMSI, to the extent of the purchase money loan, in those goods that the creditor's loan helped to purchase.

Part I is …

Vol. 35, No. 21, March 25, 1987, University Of Michigan Law School

Res Gestae

•Exec Board Letter Sparks Debate •Ringes, Kahn Vie for NCAA Contest Crown •Professionally Responsible •Racism is Real Issue •RG is Like Ungrateful Whore •Deans Receive Failing Grade in Issue Spotting •Undergrad Invasion Must be Stemmed •Diversions •Law In The Raw

Vol. 35, No. 20, March 18, 1987, University Of Michigan Law School

Res Gestae

•Task Force Bears Down on Barristers •LSSS Prepares for Vote •Journals Name Staffs •Free Speech For Some •Deans' Letter Chilling •Hunting Witches at Hutchins •Undergrads People Too •PIRGIM Funding Plan Violates Rights •Left Persuasive, But Unheard •Elections •Speakers Discuss Immigration Law •Upsets Abound in RG's Sweet Sixteen •Diversions •Law in the Raw

Vol. 35, No. 19, March 11, 1987, University Of Michigan Law School

Res Gestae

•Journal of Law Reform Marks 20th Year •Brennan to Judge Campbell Finals •Organizers Send Letter •Senate Selects Dean Search Committee •Left is Heard, but Unpersuasive •Purge 'em •Intolerable •RG Responsible Informative •Undergrads Run Rampant in Library •Annual NCAA Tournament Contest •Law in the Raw

Vol. 35, No. 18, February 25, 1987, University Of Michigan Law School

Res Gestae

•Affirmative Action Exists in Publications? •LS 3 Considers Racism •Culpepper: Hot Topic •Siding Against Aluminum •Pope Visits Headbangin' Town •Trickle Down Legal Services •Disbarred •HLSA Advocates Use of Writing Samples •Peaceful Protest Preferable to Intolerance •Update on Recent SFF Activities •Reviewer Shoots "From the Hip" On This One •Moot Ct. Semi-News •Singers Warble Their Way Thru School •Life on the Edge: Parachutes and Mae West •Diversions •Television Judges Rule Airwaves

Vol. 35, No. 17, February 18, 1987, University Of Michigan Law School

Res Gestae

•Senate To Represent Students On Dean Search •Speaker Addresses the "English Only" Issue •V-Day Sports Wrap Up •Get a Job •Left and Liberal Distinguished •Political Expression Suppressed •D. Gustibus Pans New South U. Eatery •Law In The Raw

Vol. 35, No. 16, February 11, 1987, University Of Michigan Law School

Res Gestae

•Phid House Faces Foreclosure •Berns Stern On Rights •LSSS & Dean: Write to Ford •Building Momentum •Bullhorns Not Persuasive •Headbanger Visits Meese Protest •No Free Will Available To Today's Woman •Exploitation Through Objectification is the Argument •Pornography Displays Women As Objects •Is Rozen Really Serious? •'The Legal Ass'' and Other Classic Shit •Law in the Raw

Vol. 35, No. 15, February 4, 1987, University Of Michigan Law School

Res Gestae

•LSSS Avoids High Tech in New Guidelines •John Reed Bids Fond Farewell to Law School •Law Club: Dining Choice of the Rich and Powerful •Meese, Radicals, Are All Wrong •To Type, Perchance to Pass •We Are All Objects After All •Diversity Highlights Picket, Rally •Jonathan D. Lowe: Mystery Dean

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …

How To Argue About Health Care, Don Herzog

Articles

Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …

Statutory Obsolescence And The Judicial Process: The Revisionist Role Of The Courts In Federal Banking Regulation, Donald C. Langevoort

Michigan Law Review

What do - or should - courts do when asked to interpret an apparently "obsolete" statute? This question is an important one half a century or more after the enactment of much of the fundamental federal legislation in such fields of economic regulation as labor, communications, antitrust, securities, and - the subject of this study banking. For a variety of reasons, including political inertia and special interest pressure, many of these statutes remain substantially unchanged even though the assumptions about marketplace structure and conditions that formed the basis for the legislation have long since ceased to hold true.

The Rule Of Recognition And The Constitution, Kent Greenawalt

Michigan Law Review

This essay is about ultimate standards of law in the United States. Not surprisingly, our federal Constitution figures prominently in any account of our ultimate standards of law, and a discussion of its place is an apt jurisprudential endeavor for the bicentennial of the constitutional convention. Although in passing I offer some comments on constitutional principles, this essay is not about how the Constitution, or indeed other legal materials, should be understood and interpreted. Rather, it attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of law.

Commerce Clause Restraints On State Taxation: Purposeful Economic Protectionism And Beyond, Walter Hellerstein

Michigan Law Review

Few questions in recent years have spawned as much controversy and as little academic interest as the scope of commerce clause restraints on state tax power. The Supreme Court has handed down an extraordinary number of significant decisions addressed to the limitations the commerce clause imposes on state taxation. Yet these decisions have barely caught the eye of the nation's leading law reviews or constitutional scholars. Even those observers who have recognized the Court's renaissance of interest in the dormant commerce clause have largely confined their attention to state regulation, as distinguished from state taxation, of interstate commerce. If there …

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Videotaping Children's Testimony: An Empirical View, Paula E. Hill, Samuel M. Hill

Michigan Law Review

Increases in the number of reported incidents of child abuse and sexual molestation have resulted in more and younger children becoming courtroom participants. Some courts refuse to consider the special needs of the child in this adversarial environment. Relying on questionable precedent, these courts hold that the defendant's right to directly confront the child, as well as strict compliance with evidentiary rules, overrides that child's interest in freedom from embarrassment or psychological trauma. This Note focuses on pressures felt by the testifying child and the ways in which these pressures affect her testimony; it then proposes using videotaped testimony as …

Vol. 35, No. 14, January 28, 1987, University Of Michigan Law School

Res Gestae

•LSSS Examines Typing Exams •Cellar Closing Misinterpreted by Local Press •Data Disclosure Mends Egos •LGLS Board Needs Protection •Heavy Metal Hits Law School •One Strike Down, Rozen Slugs-Out Baseball Picks •Law in the Raw

Vol. 35, No. 13, January 21, 1987, University Of Michigan Law School

Res Gestae

•Marred Books Barred in Market •Insiders Gripe as Grades Plummet •Senate Advocates Student Feeding Frenzy •Public Interests Ignored •Submissions Policy Outlined •NLG to Protest •Ulrich's Seeks Student Opinion on Buybacks •On The Town •Law in the Raw

Review Of Environmental Protection Policy, By E. Rehbinder And R. Stewart, James E. Krier

Reviews

Environmental problems have been on the agenda of the federal government in the United States for roughly a century now, about half of the government's life, and a dominant concern for the last two decades. The European Economic Community ("EEC"), itself a system perhaps on its way to some brand of federalism, presents a similar but much foreshortened picture. The EEC has been concerned with the environment for about the last half of its thirty year life. Environmental Protection Policy' ("EPP") is a richly detailed study of environmental policy in these two very different systems.

Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr

Michigan Journal of International Law

Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …

Class Of 1987 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.

Class Of 1987 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.

Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman

University of Michigan Journal of Law Reform

Current Board policy forbids issuing a bargaining order in this situation, where there is no objective evidence of majority support for a union, even though the bargaining ·order may be the only effective remedy for extreme employer unfair labor practices. The Board's refusal to issue nonmajority bargaining orders (NMBOs), grounded in its fear of imposing a union on unwilling employees, has left it impotent to remedy the most severe employer unfair labor practices. This Note examines arguments for and against the Board's use of NMBOs and concludes that NMBOs are within the scope of the Board's remedial powers and should …

Denying The Crime And Pleading Entrapment: Putting The Federal Law In Order, Richard C. Insalaco, Peter G. Fitzgerald

University of Michigan Journal of Law Reform

The federal law of procedure in entrapment cases is in profound disarray. Despite four attempts over the past fifty years to clarify the law of pleadings in entrapment cases, the Supreme Court has yet to do so successfully. This Note focuses on these attempts, and analyzes the issue of whether to permit a defendant to plead entrapment while simultaneously denying the crime charged.

Part I reviews the historical development of the entrapment defense, the disagreement among the federal circuits with regard to alternative inconsistent defenses, and the arguments commentators have made for and against allowing alternative inconsistent defenses in entrapment …

Child Sexual Abuse Cases: Reestablishing The Balance Within The Adversary System, Mary Christine Hutton

University of Michigan Journal of Law Reform

This Article begins with an overview of the adversary process and how it has changed in recent years to respond to the needs of children. The Article highlights two of the goals of the adversary process-(!) testing and probing of two sides to a story, and (2) refraining from a decision until the complete story is told-to examine how they can be retained in spite of these changes. Part II pinpoints the assignment of multiple or poorly-defined roles to the child sexual abuse professionals as one of the potential impediments to preserving the goals of the adversarial system. The performance …

Limiting Directors' Duty Of Care Liability: An Analysis Of Delaware's Charter Amendment Approach, Craig W. Hammond

University of Michigan Journal of Law Reform

This Note explores the corporate law principles guiding the amendment of section 102(b)(7) and considers what effects this statute will have on the investor-director relationship. The Note focuses on whether this reform measure excessively protects directors at the expense of shareholders.

Part I analyzes the neoclassical economic view of the contractual relationship between stockholders and management that serves as the theoretical justification of section 102(b)(7). Part II proposes a modification of the Delaware statute that would provide for periodic shareholder review of charter amendments limiting liability.

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

A Guide To Legal Research In The University Of Michigan Law Library (4th Ed.), Peter C. Schanck, Linda S. Maslow

Law Library Publications

The Guide is an outline of legal research method and a finding aid for the Michigan collection. The changes in the Guide over the last 10 years reflect fundamental change in the nature of legal research that are worthy of note.

Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper

Articles

The topic of "Mass and Repetitive Litigation in the Federal Courts" is even more vast and unwieldy than the complex litigations it brings to mind. The implicit assignment to address the topic by contemplating the events that may occur over the next century is still more daunting. One hundred years bring untellable changes to all of our social and political institutions, judicial and otherwise. Rather than attempt to meet the challenge by uttering bold prophecies of the circumstances that will confront our successors of the future, I will follow an easier course. This paper will select a few illustrations of …

Thinking About Our Language, James Boyd White

Articles

Except for one meeting, which I will describe below, I knew Bob Cover only through his writings. This circumstance was of course a disappointment to me, for our interests were similar, and his death now makes the loss irreparable. But perhaps this is less of a limitation than would normally be the case, for as much as anyone in the law Bob was, and is, actively present in his writing, both as a person and as a mind.-But that dichotomy of person and mind gets it wrong, for what I would like to catch is a sense of fusion or …