Law Commons^™

Vol. 43, No. 5, November 23, 1992, University Of Michigan Law School

Res Gestae

•Journal Ensnared in Feminist Debate •Dean Answers Questions about Prof Course Load •Shand Gives Up Hitting the Ice for Hitting the Law Books •Free Speech Takes Hit from All Sides •Journal Submits its Side of Story •Scholars Advocate Bankruptcy Reforms •The Docket •An Update from LSSS •The Out-to-Lunch Custom: A Story •Green 2L Has Interview Blues •Regals Take Day Off in Windy City •Law in the Raw

Vol. 43, No. 4, November 9, 1992, University Of Michigan Law School

Res Gestae

•Funding Process Changed for Groups •Does Size Count? •Clinton's Decisive Victory Sparks Hope, Uncertainty •Third-Year Supports Use of JAG Interview by LGBLSA Member •Developments May Affect Lawyers in Long-Term •Letter Calls Editorial 'Illogical' •Dworkin: Prostitutes Have Little Choice in Male-Dominated World •Sex, Violence: The Lover, Reservoir Dogs •How Toxic Are You? •Law Students and Halloween Hijinks •Law in the Raw •The Docket

Vol. 43, No. 3, October 26, 1992, University Of Michigan Law School

Res Gestae

•Journal to Hold Prostitution Symposium •Navy JAG Interviews Spark Student Protest •Strong Support for New Section May Not Save it from the Ax •Kamisar Rises to the Euthanasia Challenge •LGBLSA Protest Was a Good Idea but Group had a Bad Battle Plan •HLSA Announces 8th Annual Juan Tienda Scholarship Banquet •Law Library Defends Disposal of Books •ILP Seeks Volunteers for Prisoner Hearings •Winter Grade-o-Rama!!! •Party On, Your Honor! •The Docket •On Voting in Costume... •Hypos's Get Under my Skin •Beergoggling and Abstinence Pervade A2 •Law in the Raw •Developments May Affect Lawyers in Long-Term •Letter Calls Editorial 'Illogical'

Vol. 43, No. 2, October 12, 1992, University Of Michigan Law School

Res Gestae

•New Lounge Sends Smokers Outside •Placement Answers Complaints •New Section Hits 1st Bridge Week •Women and Force- Here and There •Opinions Sought •Letters to the Editor •Dr. Death: Ultimatum to Legal Community? •Lunches Address Public Interest •Exhibit to Focus on Prostitution •Moot Court is Now in Session •The Docket •R.E.M., Waits Albums Look Back to Future •...On Sensory Deprivation •Tips for Those Stuck in Ann Arbor •Law in the Raw

Vol. 43, No. 1, September 28, 1992, University Of Michigan Law School

Res Gestae

•Law Students Help Out Haitians •After Record Year for Class of '94 This Year Sees Drop in Women •Memorial Fund Established for Former Law Students •RG Returns •Court Upheld Roe but Left Country Burdened •Turning Stomach, Slimy Hands: Hot Date? No, Just an Interview •Financial Aid Realities at Michigan •New Profs Welcomed at UM Law School •NYU Most Expensive Law School; Michigan Moves up the Ladder •Open Letter from Law School Student Senate •The Docket •Woody is Solid; Lovers Wilt •1L's Beware: Bollinger May Have You in His Sights! •The Search Begins for a New Manitsky •Crossword •Law in the …

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

Articles

I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …

Talking About Rights, Carl E. Schneider

Reviews

In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …

Vol. 42, No. 13, April 13, 1992, University Of Michigan Law School

Res Gestae

•Review Keeps Affirmative Action •Plants, Burke Win Moot Court Finals •Computer Lab's Fate Up in the Air •To Our Readers •Letter to the Editor •…On Warren's MSA Resignation •Justice Antonin Scalia Praised, Criticized by Profs, Students •Odds 'n Ends From the Law School... •The Docket •Pair Reach Finals of ABA Contest •Thongs Meet Defeat in Tourney

Vol. 42, No. 12, March 30, 1992, University Of Michigan Law School

Res Gestae

•MAP Sparks Controversy •LSSS Candidates Stump for Votes •Michigan Law Ranked 6th •Letter to the Editor •…On the MSA Speech-Code Ban •Reiteration of the Dream Deferred •Pro-Choice Women Deserve Better than Clinton •Defacing of Posters Degrading •LSSS President's Year-in-Review •LSSS Candidate Statements •Deans Face Questions of Fairness, Need for Program Still Exists •Faculty Offer Ideas for MAP's Future •Kozinski KO's Kooky Courts •Let's Kill All the Filmmakers •Article 99- Not Just Another Movie about Veterans •The Docket •The Love Doctor •Back for March Madness •Thongs to Play in Championship

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …

Vol. 42, No. 11, March 16, 1992, University Of Michigan Law School

Res Gestae

•SFF Kicks Off Fund Drive •Reagan Righties Rip Speech Regulations •Clinton Stands by Her Man at Law School •Letter to the Editor •The ROSSGATE Scandal •Thongs Win Big

Vol. 42, No. 10, February 10, 1992, University Of Michigan Law School

Res Gestae

•Malcolm X Remembered as "Warrior" •Hirabayashi: Internment Could Happen Again •Lefty Lawyer Rants about Rehnquist Righties •Case Club Should be Revamped •The Docket •Letters to the Editor •We'll Hire You as a First-Year. Not!! •Law in the Raw

Vol. 42, No. 9, January 27, 1992, University Of Michigan Law School

Res Gestae

•Poor Get Dumped On •Kamisar Seeks Anti-Euthanasia Voices •Minority Underrepresentation Noted on MLK Day •Law School Lacks Practical Guidance •Open Meetings Should be Open •Michigan Needs Women's Law Journal •Should Classes be Cancelled on MLK Day? •Things Other than Landfills are Stinking in New Jersey •The Docket •Symposium Speakers to Define Democracy •Shh! New Library Policy Implemented •1Ls Cope With Diminished Prospects •Thoughts from the Armchair •Thongs Ice "Crushers" •Mixed Metaphors, Mixed Results: Haynes' Poison, Kasdan's Grand Canyon •Law in the Raw

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …

I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog

Reviews

Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.

The Quadrangle

Yearbooks & Class Year Publications

Yearbook of the Class of 1992.

Class Of 1992 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 1992 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.

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 8, 1992 University of Michigan Law School Honors Convocation.

Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow

Reviews

We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Sixth Edition, Rose Coad, Beth Mcwilliams

Law Library Publications

The sixth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most of the works listed were published in this country, and all are in the collection of this law library.

The object in revising this bibliography has been to present to law students of the University of Michigan a reasonably thorough listing of useful and current secondary sources covering domestic and international law. The inclusion of a work in this bibliography does not mean the Law Library is endorsing either the author's sty le or the substance of the work. …

Real Jurors' Understanding Of The Law In Real Cases, Alan Reifman, Spencer M. Gusick, Phoebe C. Ellsworth

Articles

A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects …

Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman

Articles

In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

Articles

The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …

The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner

Articles

Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …

On Retiring From A Deanship, John W. Reed

Other Publications

The reason for the italicized "from" in the title of my remarks is to distinguish it from the comments that I made at our meeting in Tucson four years ago, under the title "On Retiring to a Deanship." For those of you who were not there, I should mention that five years ago, as I was about to reach retirement age at the University of Michigan Law School-what the late William L. Prosser used to call the age of mandatory senility-Wayne State University in Detroit asked me to serve as its dean for a term of five years. Lobbied by …

Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine

Other Publications

It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …

Constitutional Interpretation, Terrance Sandalow

Book Chapters

"[W]e must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding." Marshall meant that the Constitution should be read as a document "intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs." But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects." Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing …