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Articles 1 - 14 of 14
Full-Text Articles in Law
Legal Writing Triage: Self-Edit To Solve The Most Common Style Problems, Robert S. Anderson
Legal Writing Triage: Self-Edit To Solve The Most Common Style Problems, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This article addresses one of the most common style problems in legal writing: subject-verb issues that produce confusing or overlong sentences. It then prescribes a simple approach to curing the problem in quick, step-by-step fashion.
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Fast-Food Government And Physician-Assisted Death: The Role Of Direct Democracy In Federalism, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Modern patients often enter a twilight zone of suspended animation between living and dying that did not exist a generation ago. The majority of Americans believe these terminal patients should have the right to refuse life support and to receive pain relief, even to the point of hastening death. Yet laws addressing the situation are unclear, and physician advocates, like Dr. Kevorkian of Michigan, have faced sanctions and jail time when they responded to patient requests for help to die peacefully. In its 2006 Gonzales v. Oregon decision, the U.S. Supreme Court shifted the physician-assisted death dilemma to the state-side …
And Your Point Is? Write Directly, Robert S. Anderson
And Your Point Is? Write Directly, Robert S. Anderson
Sturm College of Law: Faculty Scholarship
This article suggests two strategies for making your writing more direct: (1) make the reader a promise to be direct in the introduction of your piece; and (2) keep that promise by organizing the material to match the preview provided in your introduction and adopting a style that does not waste words.
Out Of The Bottle: The Genie Of Direct Democracy, K.K. Duvivier
Out Of The Bottle: The Genie Of Direct Democracy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The initiative process is out of the bottle, and it is unlikely citizens will try to recork their genie anytime soon. While the process has proven to be subject to the same corrupting influences of money and special interests as the legislative process, citizen voters are motivated to begin using the initiative itself to regain its integrity.
E-Etiquette: Thoughtful E-Mail Correspondence, K.K. Duvivier
E-Etiquette: Thoughtful E-Mail Correspondence, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Dear Readers: This is an example of a traditional business letter. The salutation above is formal; it starts with "Dear" and ends with a colon. The body uses edited prose that follows standard capitalization and punctuation rules. A complimentary closing, "Sincerely," serves as the conclusion.
Reclaiming Mcdonnell Douglas, Martin J. Katz
Reclaiming Mcdonnell Douglas, Martin J. Katz
Sturm College of Law: Faculty Scholarship
This Article proceeds in three Parts. Part I argues that McDonnell Douglas should never be required (and, in the process, dispels the nearly universally held myth that this framework proves or requires "but for" causation). Part II shows how a nonmandatory McDonnell Douglas would interact with the two alternative frameworks (Price Waterhouse and the 1991 Act), and also shows how a nonmandatory McDonnell Douglas can be implemented under current law. This Part also resolves the three doctrinal debates that currently plague disparate treatment law. Part III refutes most of the normative criticisms that have been leveled at McDonnell Douglas and …
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
No-Drop Civil Protection Orders: Exploring The Bounds Of Judicial Intervention In The Lives Of Domestic Violence Victims, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Whatever approach a judge takes to a victim's motion to vacate, there will be a risk. Women who are victims of domestic violence will be threatened or hurt or even killed, and the danger of this happening may increase or decrease based in part on the judge's decision. In the face of such risk, this article argues that on balance, the cost of sacrificing victim autonomy in these cases is too great, and that courts should defer to the victim's decision to vacate, except in the limited circumstance in which doing so is detrimental to an identifiable third party - …
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Analyzing The Impact Of Coercion On Domestic Violence Victims: How Much Is Too Much?, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
Part I of the essay reviews the work of activists and scholars who make the case that coercion is central to domestic violence, but notes that these scholars' conceptions of coercion are diverse. Part II describes the justice system's current responses to the impact of coercion on a victim's decision to drop a criminal or civil case. Part III exposes a number of challenges inherent in measuring the impact of a batterer's influence on a domestic violence victim's decision. Part IV describes the conceptual limitations of current judicial guidelines, and argues for a more nuanced conceptualization of coercion that accounts …
No Intent, No Foul? Unconscious Bias In Employment Decisions, Martin J. Katz
No Intent, No Foul? Unconscious Bias In Employment Decisions, Martin J. Katz
Sturm College of Law: Faculty Scholarship
Many commentators have criticized current anti-discrimination law on the grounds that it does not adequately prohibit unconscious bias in employment decisions. That claim is wrong: Unconscious bias is fully actionable, and it can generally be proved by knowledgeable employment lawyers. The idea behind unconscious bias is that well-meaning employers and supervisors, who would likely consider themselves supporters or even champions of equality, might subconsciously harbor attitudes that result in negative employment decisions for women and minorities.
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Of Cabbages And Cabotage: The Case For Opening Up The U.S. Airline Industry To International Competition, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
This article attempts to show that the economic advantages of free trade in the airline industry is no less than other industries, but also that the reasons posited for the rejection of free trade do not stand up to comprehensive analysis. Proposed herein is the adoption of "cabotage," defined by the Standard Dictionary of the English language as "air transport of passengers and goods within the same national territory. ' The definition adopted by International Civil Aviation Organization (ICAO) at the Chicago Convention is, "Each state shall have the right to refuse permission to the aircraft of other contracting states …
The House That Jack Built With Effective Transitions, K.K. Duvivier
The House That Jack Built With Effective Transitions, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Constructing a paragraph is somewhat like constructing a house. Our sentences are like the boards that form the frame of our ideas. However, those boards may end up looking more like a pile of lumber than an actual building if we do not connect them in a logical way.
Review Of Lifting The Fog Of Legalese, David I.C. Thomson
Review Of Lifting The Fog Of Legalese, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Lifting the Fog collects the best of Kimble's regular columns from the Michigan Bar Journal on the subject of how lawyers should simplify their drafting language and eliminate unnecessary and costly "legalese." Not only do Kimble's columns get to see the light of day again, but as a compilation, they make an even more powerfiul and compelling case in favor of more plain language in legal writing. I highly recommend Lifting the Fog to all attorneysespecially those who find themselves using words like "wherefore" and "hereunto" in their drafting. Kimble persuasively argues that this sort of obfuscation (and worse) just …
Application Of The Public Trust Doctrine To Modern Fishery Management Regimes, Kevin J. Lynch
Application Of The Public Trust Doctrine To Modern Fishery Management Regimes, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
As the state of the nation’s fisheries has declined in recent decades, fishery managers have increasingly sought more effective means for managing fishing efforts to prevent overfishing. The situation is particularly dire in marine fisheries, where studies have shown that populations of large predatory fish species such as tuna, marlin, and swordfish have declined by up to 90%. Conventional explanations for this and other declines in fish populations invoke the concepts of the “tragedy of the commons” and the “race to the fish.” The tools favored by economists to solve these problems typically involve creating some form of limited private …
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
From Tainted To Sainted: The Interracial Marriage As Cultural Evangelism, Rashmi Goel
Sturm College of Law: Faculty Scholarship
The article talks about interracial relationships viewed as cultural evangelism. The author mentions that viewing interracial marriage as the ultimate indicator of racial progress leaves the cognitive imprint that underlies all race relations. Professor Goel introduces the four archetypes of interracial relations that emanated from the four historical institutions such as the Civilized White and Colored Savage, the White Colonizer and Colored Subject, the White Master and Colored Slave, and the White Missionary and Colored Heathen. An analysis of the social and legal aspects of interracial marriages and interracial families is also presented.