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Articles 1 - 30 of 36
Full-Text Articles in Law
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
Michigan Journal of International Law
Relying on extensive reports, program documentation, and interviews with important actors in the rule of law movement, this article will explore how one key player in the international-development field—the ABA—has furthered rule of law values through its global programs. The first half of the article surveys the ABA’s involvement in rule of law initiatives. Part I explores the origins of the ABA’s work in this field, which date back to the organization’s founding and took shape after the demise of the former Soviet Union. Part II surveys the expansion of the ABA’s programs beyond Eastern Europe to other regions—a growth …
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
The Downside Of Requiring Additional Experiential Courses In Law School, Douglas A. Kahn
Articles
In recent years, the bar has expressed dissatisfaction with what is considered by some to be inadequate preparation of law students to begin practicing law immediately after graduation. There are several reasons why this has become a matter of concern for the legal profession. The profession itself has undergone significant changes. Although there are a few exceptions, most law firms no longer wish to spend time training their young associates or allowing them much time to develop the skills they need. First, clients are unwilling to pay for the time a young lawyer spends in acquiring needed skills. Second, the …
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Judging Judicial Elections, Michael S. Kang, Joanna M. Shepherd
Michigan Law Review
Melinda Gann Hall’s new book Attacking Judges: How Campaign Advertising Influences State Supreme Court Elections suggests what seems impossible to many of us—a powerful defense of today’s partisan judicial elections. As judicial races hit new levels of campaign spending and television advertising, there has been a flood of criticism about the increasing partisanship, negativity, and role of money. In view of the “corrosive effect of money on judicial election campaigns” and “attack advertising,” the American Bar Association (ABA) recommends against judicial elections, which are currently used to select roughly 90 percent of state judges. Justice O’Connor, who has championed judicial-election …
Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith
Charitable Choices: The Need For A Uniform Nonprofit Limited Liability Company Act (Unllca), Kenya J. H. Smith
University of Michigan Journal of Law Reform
Uniform laws serve an important role in our society, balancing state autonomy and the need to provide consistent solutions to common problems among the states. The Uniform Law Commission (ULC) is the preeminent authority that promulgates uniform laws. To date, the ULC has promulgated over 150 uniform and model acts. ULC tackles a wide array of issues, including child custody and protection, probate, electronic records, and commercial law. The ULC aims to “provide[ ] states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.”
In Memoriam: David P. Leonard, Richard D. Friedman
In Memoriam: David P. Leonard, Richard D. Friedman
Articles
In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Michigan Law Review
Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …
Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary
Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary
Articles
Sarah Killgore Wertman was the first woman in the country to both graduate from law school and be admitted to the bar. Thus, she was Michigan's first woman lawyer in two senses: She was the first woman to graduate from the University of Michigan Law School, and the first woman admitted to the Michigan bar. Others preceded her in entering law school, graduating from law school, or being admitted to the bar, but she was the first to accomplish all three. Her story illustrates much about the early days of women in legal education and the practice of law, a …
Tribute To John Pickering, Elaine R. Jones
Tribute To John Pickering, Elaine R. Jones
Michigan Law Review
This talented, persuasive, committed lawyer-leader, John Pickering, had several abiding personal and professional interests, two of which enhanced my life directly, and most of which enhanced my life indirectly. The first was the great personal interest he took in lawyers younger than himself, and the second was his passion about civil rights and combating the effects of racial discrimination.
Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga
Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga
University of Michigan Journal of Law Reform
The accreditation activities of the American Bar Association are under attack. From within legal academia, professors and deans complain that the ABA accreditation process is overly formalistic and intrusive. In addition, the Massachusetts School of Law has sued the ABA, alleging that the ABA's accreditation standards violate the Sherman Act. From outside legal academia, the Department of Justice has investigated the ABA's accreditation activities and initiated an antitrust suit against the ABA. The Department of Justice and the ABA immediately settled this suit, and, as a result of this settlement, the ABA has agreed not to enforce certain standards and …
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
American Bar Association Section Of International Law And Practice Standing Committee On World Order Under Law Report To The House Of Delegates: International Monetary Fund And The World Bank Group, Michael A. Heller, H. Francis Shattuck Jr.
Articles
The International Monetary Fund (IMF) and the World Bank Group are the subjects of this report. The report, with its accompanying recommendation, is one of several reports on selected United Nations specialized agencies and the International Atomic Energy Agency. The report has been developed by the Section of International Law and Practice, International Institutions Committee, through its Working Group on UN Specialized Agencies. This is a contribution to the 50th Anniversary of the United Nations in fulfillment of the American Bar Association's Goal VIII-to advance the rule of law in the world. The accompanying recommendation addresses issues of an enhanced …
How To Negotiate A Sales Contract, James J. White
How To Negotiate A Sales Contract, James J. White
Articles
A. Introduction 1. In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems - who gets what in case of trouble. 2. Most of those pathological problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to …
Two Views Of The Question: Are Law Schools Doing Their Job?, Terrance Sandalow, Robert B. Mckay
Two Views Of The Question: Are Law Schools Doing Their Job?, Terrance Sandalow, Robert B. Mckay
Other Publications
You have all heard the criticisms of lawyers, which I need not rehearse to this audience. Critics range from Aristotle, Jesus, Shakespeare, and Samuel Johnson to Jimmy Carter and Derek Bok; the cast of characters goes on and on. The criticism I like best, although in a way it is the most cutting of all, is what Samuel Johnson is alleged to have said about two centuries ago: "I do not like to speak ill of any man behind his back but I do believe he is a lawyer." It is always easy to bring people together, nonlawyers at least, …
Travelers Checks, James J. White
Travelers Checks, James J. White
Articles
A. Travelers Checks Defined 1. Courts have variously described travelers checks as certificates of deposit, negotiable instruments, securities, cash, and cashier's checks. 2. The most persuasive analysis seems to treat travelers checks as cashier's checks on which the issuer is both the drawer and the drawee, the purchaser once he has countersigned is the payee, and both the purchaser and the next recipient are indorsers.
Aba Approval Of Law Schools: Standards, Procedures, And The Future Of Legal Education, Michigan Law Review
Aba Approval Of Law Schools: Standards, Procedures, And The Future Of Legal Education, Michigan Law Review
Michigan Law Review
Graduation from an accredited law school is a requirement for admission to the bar in most states. Although rule-making power with regard to bar admission lies in the state supreme courts, the courts give great deference to the American Bar Association (ABA) as an accreditor of law schools. Admission requirements frequently prescribe unconditionally that an applicant must be a graduate of a law school that has been approved by the ABA. Other states require either graduation from an ABA-approved law school or some specified alternative. The few remaining states require unconditionally or as an alternative that an applicant for the …
Specialization, Certification, And Exclusion In The Law Profession, John W. Reed
Specialization, Certification, And Exclusion In The Law Profession, John W. Reed
Other Publications
This essay is the published text of an informal address delivered on April 19, 1974 in conjunction with the University of Oklahoma College of Law's Enrichment Program.
The Virtuous Prosecutor In Quest Of An Ethical Standard: Guidance From The Aba, H. Richard Uviller
The Virtuous Prosecutor In Quest Of An Ethical Standard: Guidance From The Aba, H. Richard Uviller
Michigan Law Review
Among his other endeavors, the public prosecutor strives to maintain an upright stance in the stained halls of criminal justice. He correctly senses that the people demand more of him than diligent, workmanlike performance of his public chores. Virtue is the cherished ingredient in his role: the honorable exercise of the considerable discretionary power with which our legal system has endowed his office. Daily, the ethical fibre of the prosecutor is tested -and through him, in large measure, the rectitude of the system of justice.
Here, I shall discuss only three of the many ethical problems along the prosecutor's way: …
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Trial By Jury (Approved Draft), Melvin M. Belli
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Trial by Jury (Approved Draft). Recommended by the Advisory Committee on the Criminal Trial
Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes
Advisory Committee On Fair Trial And Free Press: American Bar Association Project On Minimum Standards For Criminal Justice: Standards Relating To Fair Trial And Free Press (Tentative Draft), George Edwards, Robert M. Cipes
Michigan Law Review
A Review of American Bar Association Project on Minimum Standards for Criminal Justice: Standards Relating to Fair Trial and Free Press (Tentative Draft) Recommended by the Advisory Committee on Fair Trial and Free Press
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Survey Of Metropolitan Courts: Final Report, Maxine Boord Virtue
Michigan Legal Studies Series
Adhering to the view that the original question is important, unanswered, and essential to a proper development of standards of judicial administration, the Section arranged for the University of Michigan Law School to supervise and for the author of the Detroit study to prepare a final report for the metropolitan court survey, which will make use of such material as comes to hand from all available sources in an attempt to identify, characterize, and classify the special problems of metropolitan courts. The report will also include a discussion of the methods being brought to bear on those problems, their advantages …
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
The Legislative Process And The Rule Of Law: Attempts To Legislate Taste In Moral And Political Beliefs, Samuel D. Estep
Michigan Law Review
In a nutshell, the topic of this paper is "Comstockery and the Bowdlerizing of Ideas." The thesis here asserted is that the Rule of Law is violated when legislatures succumb to modern attempts by the often pathologically-motivated zealot legally to freeze current tastes in moral and political beliefs. The relationship between taste statutes and the seemingly esoteric topic, "The Legislative Process and the Rule of Law," is based on the premise that the maximum possible degree of intellectual freedom for each individual is an essential ingredient in the legal system of a civilized society.
Sunderland: History Of The American Bar Association And Its Work, Glenn R. Winters
Sunderland: History Of The American Bar Association And Its Work, Glenn R. Winters
Michigan Law Review
A Review of History of the American Bar Association and its Work . By Edson R. Sunderland.
Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.
Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.
Michigan Law Review
The advent of the present administration has brought into full bloom a hardy perennial among the annual crop of proposed constitutional amendments. The emergence of the United States from World War II as the leader of the free nations of the world and distrust of the rapid expansion of executive power under the Roosevelt Administration have given impetus to a movement to check any further expansion of the presidential power to conduct our foreign relations. In addition, many people are alarmed by the possibility that this country might become a party to international agreements which would operate to alter or …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Operative Relationships Among Various Courts, Law Enforcement And Welfare Agencies In The City Of Detroit, Maxine Boord Virtue
Michigan Law Review
This article is the seventh chapter of a book, Survey of Metropolitan Courts: Detroit Area, which is being published this year by the Michigan Legal Series. It was prepared by this writer as a Research Associate in the employ of the Law School of the University of Michigan, under the supervising editorship of Professor Edson R. Sunderland. The study was undertaken at the request of the Committee on Judicial Administration in Metropolitan Trial Courts, appointed by the Section on Judicial Administration of the American Bar Association, of which committee Ira W. Jayne, Presiding Judge of the Circuit Court of …
Survey Of Metropolitan Courts: Detroit Area, Maxine Boord Virtue
Survey Of Metropolitan Courts: Detroit Area, Maxine Boord Virtue
Michigan Legal Studies Series
It has long been recognized that the social problems of the city are something more than a mere multiple of the social problems of the rural community. The bigness of the metropolitan area breeds its own difficulties, which find no counterpart outside its borders. Only recently, however, have experts begun to suggest that this same uniqueness inheres in the problems of the organization of metropolitan courts.
Should the organization of the metropolitan court system differ from court organization elsewhere? How should it differ? Before these questions can be answered, we must know something of existing court organizations in metropolitan areas …
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Murphy: Conservation Of Oil And Gas, A Legal History-1948, Michigan Law Review
Michigan Law Review
A Review of CONSERVATION OF OIL AND GAS, A LEGAL HISTORY-1948. Edited by Blakely M. Murphy.
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Problems In Probate Law: Including A Model Probate Code, Lewis M. Simes, Paul E. Basye
Michigan Legal Studies Series
The publication of the Model Probate Code, together with related monographs and appendix notes, serves a dual purpose. It is the report of a committee of the Probate Division of the American Bar Association. It is also the product of a research project carried on by the University of Michigan Law School. Mr. R. G. Patton, in his "Presentation of the Report of the Committee on Model Probate Code," printed elsewhere in this volume, has provided an appropriate preface for this publication in its first aspect.
Preparation Of A Model Probate Code, Rufford G. Patton
Preparation Of A Model Probate Code, Rufford G. Patton
Michigan Law Review
At the 1940 meeting of the American Bar Association held in Philadelphia, the Section of Real Property, Probate and Trust Law included in its program a discussion of the proposal of a Model Probate Code. The section had previously had committees to consider the subjects of uniformity in probate codes and improvement in probate practice, and its programs had included not only reports of these committees but addresses outlining the increasing importance of probate law and the need for statutes which would create adequate standards of practice and administration. During the year 1940 the Journal of the American Judicature Society …
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Administrative Tribunals-Organization And Reorganization, E. Blythe Stason
Michigan Law Review
No doubt overhauling is needed. However, a consistent and rational theory for the integration of the independent agencies with the remainder of the governmental structure is a condition precedent to an intelligent overhauling. This article constitutes a groping for such a theory. First, I shall discuss some of the more significant attacks which have been made in recent years upon modern administrative organization. Then, the reasons for these attacks will be examined and appraised, for they reveal certain pathological conditions which need excision. Finally, and with all due deference to the other remedies that have been suggested, I shall venture …