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Articles 1 - 17 of 17

Full-Text Articles in Law

Structural Labor Rights, Hiba Hafiz Feb 2021

Structural Labor Rights, Hiba Hafiz

Michigan Law Review

American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union density at an abysmal 6.2 percent in the private sector—a level unequaled since the Great Depression— the vast majority of workers depend only on individual negotiations with employers to lift stagnant wages and ensure upward economic mobility. But decentralized, individual bargaining is not enough. Economists and legal scholars increasingly agree that, absent regulation to protect workers’ collective rights, labor markets naturally strengthen employers’ bargaining power over workers. Existing labor and antitrust law ...


Purple Haze, Clare Huntington Apr 2011

Purple Haze, Clare Huntington

Michigan Law Review

It takes only a glance at the headlines every political season-with battles over issues ranging from abortion and abstinence-only education to same-sex marriage and single parenthood-to see that the culture wars have become a fixed feature of the American political landscape. The real puzzle is why these divides continue to resonate so powerfully. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone offer an ambitious addition to our understanding of this puzzle, illustrating pointedly why it is so hard to talk across the political divide. In a telling anecdote in the ...


Comparative Constitutionalism In A New Key, Paul W. Kahn Aug 2003

Comparative Constitutionalism In A New Key, Paul W. Kahn

Michigan Law Review

Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is a nation ...


Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt Mar 1999

Constitutional Fact And Theory: A Response To Chief Judge Posner, Deborah Jones Merritt

Michigan Law Review

In his James Madison Lecture on Constitutional Law, Chief Judge Richard Posner chides both professors and judges for devoting too much attention to constitutional theory and too little time to empiricism. Although I agree with Judge Posner's endorsement of empiricism, I dispute the roles he assigns empiricism and theory. Social science matters when interpreting the Constitution, but not in the way Posner posits. Facts cannot replace constitutional theories, nor can they mechanically resolve questions posed by theory. Instead, empirical knowledge is most useful in unmasking the theoretical assumptions that undergird constitutional law, in focusing those theories, and in contributing ...


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing ...


Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi May 1996

Gossip And Metaphysics: The Personal Turn In Jurisprudential Writing, Michael Ansaldi

Michigan Law Review

A Review of Neil Duxbury, Patterns of American Jurisprudence and John Henry Schlegel American Legal Realism and Empirical Social Science


Law And Rhetoric, Richard H. Weisberg May 1987

Law And Rhetoric, Richard H. Weisberg

Michigan Law Review

A Review of Heracles' Bow: Essays on the Rhetoric and Poetics of the Law by James Boyd White


Law And Social Science, Richard D. Schwartz May 1987

Law And Social Science, Richard D. Schwartz

Michigan Law Review

A Review of An Invitation to Law and Social Science: Desert, Disputes, and Distribution by Richard Lempert and Joseph Sanders


Understanding The Jury With The Help Of Social Science, Stephen Saltzburg Feb 1985

Understanding The Jury With The Help Of Social Science, Stephen Saltzburg

Michigan Law Review

A Review of Inside the Jury by Reid Hastie, Steven Penrod and Nancy Pennington


The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review Mar 1982

The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review

Michigan Law Review

A Review of The Use/Nonuse/Misuse of Applied Social Research in the Courts edited by Michael J. Saks and Charles H. Baron


A New Theory Of Social Control, Charles R. Tittle Mar 1982

A New Theory Of Social Control, Charles R. Tittle

Michigan Law Review

A Review of Norms, Deviance, and Social Control: Conceptual Matters by Jack P. Gibbs


Judgment Non Obstantibus Datis, Reid Hastie Mar 1981

Judgment Non Obstantibus Datis, Reid Hastie

Michigan Law Review

A Review of Jury Trials by John Baldwin and Michael McConville


Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau Nov 1970

Nagel: The Legal Process From A Behavioral Perspective, G. Theodore Mitau

Michigan Law Review

A Review of The Legal Process from a Behavioral Perspective by Stuart S. Nagel


Predicting Court Cases Quantitatively, Stuart Nagel Jun 1965

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods ...


Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer Nov 1963

Shuman: Legal Positivism: Its Scope And Limitations, Edgar Bodenheimer

Michigan Law Review

A Review of Shuman: Legal Positivism: Its Scope and Limitations . By Samuel I. Shuman


Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton Jan 1956

Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton

Michigan Law Review

A Review of Research Frontiers in Politics and Government. Brookings Lectures, 1955. By Stephen K. Bailey, Herbert A. Simon, Robert A. Dahl, Richard C. Snyder, Alfred de Grazia, Malcolm Moos, Paul T. David and David B. Truman


Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton Jan 1956

Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton

Michigan Law Review

A Review of Research Frontiers in Politics and Government. Brookings Lectures, 1955. By Stephen K. Bailey, Herbert A. Simon, Robert A. Dahl, Richard C. Snyder, Alfred de Grazia, Malcolm Moos, Paul T. David and David B. Truman