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Articles 1 - 30 of 61
Full-Text Articles in Law
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Conditional Probative Value: Neoclassicism Without Myth, Richard D. Friedman
Articles
The concept of conditional relevance is an essential aspect of the classical model of evidentiary law. Some of the great scholars of evidence have endorsed and shaped it.1 Under Federal Rule of Evidence 104(b) it plays a crucial role in the division of responsibility between judge and jury,2 as well as in the application of the personal knowledge3 and authentication 4 requirements. And the Supreme Court has applied it with great force.5 In recent years, though, the concept has come under attack from several notable scholars. The late Vaughn Ball led the assault, calling the concept a "myth."'6 Peter Tillers, …
Vol. 45, No. 3, November 3, 1994, University Of Michigan Law School
Vol. 45, No. 3, November 3, 1994, University Of Michigan Law School
Res Gestae
•Public Interest Update '95 •New v. Neoclassical •Hail from the Chief •Jeff Lehman •Professor Evaluation Act of 1994 •Doctor G Princesses
The Frail Old Age Of The Socratic Method, Carl E. Schneider
The Frail Old Age Of The Socratic Method, Carl E. Schneider
Other Publications
We are gathered here to honor you for your seriousness about and success in your legal education. It is fitting and proper that we should do this, for law is a learned profession, and mastery of it is a critical and continuing duty, as well, I hope, as a pleasure. But this convocation is also, as Holmes put it, a time when the Law School "becomes conscious of itself and its meaning." I want to combine these two purposes by discussing with you our common enterprise of education for a learned profession. Specifically, I want to consider a distinctive feature …
Vol. 45, No. 2, October 13, 1994, University Of Michigan Law School
Vol. 45, No. 2, October 13, 1994, University Of Michigan Law School
Res Gestae
•3Ls Cope with Dings •Law Review Admission Criteria Aimed for Diversity •Paper Chase Ends in Computer Lab •Student Arrested in Dean's Office Gets Case Dismissed •Hail from the Chief •MacKinnon Q&A •Crossword •The Four-Headed Beast from the South •Regally Hungover & Fiscally Under Siege
Bioethics With A Human Face, Carl E. Schneider
Bioethics With A Human Face, Carl E. Schneider
Articles
This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …
Vol. 45, No. 1, September 29, 1994, University Of Michigan Law School
Vol. 45, No. 1, September 29, 1994, University Of Michigan Law School
Res Gestae
•Law Students Start Two New Journals •Job Hunt Resumes •Hail from the Chief •Rare Books Get a Rare Look •Cross Exam •Doctor G's Love Prescription •Prince, Sinead: Nothing Compares 2 Them •Royal Wisdom and Summer Exploits •Law in the Raw
Bioethics In The Language Of The Law, Carl E. Schneider
Bioethics In The Language Of The Law, Carl E. Schneider
Articles
What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans …
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Comment: Theory And Practice In Dna Fingerprinting, Richard O. Lempert
Articles
Throughout her useful paper on DNA identification, Professor Roeder properly attends to both theory and practice. Thus she acknowledges the theoretical soundness of certain criticisms that have been made of the standard paradigm used to evaluate DNA random match probabilities but argues that in practice these criticisms matter little. I am thinking here of the arguments that those cautioning against overweighing DNA evidence have made regarding the undeniable existence of population substructure and its potential implications for independence assumptions supporting the application of the product rule and for the use of convenience samples, such as data garnered from no more …
Vol. 44, No. 12, April 18, 1994, University Of Michigan Law School
Vol. 44, No. 12, April 18, 1994, University Of Michigan Law School
Res Gestae
•Search for Dean, New Profs Dominates News •Dean Confirms Funding for Public Interest Office •Student Protester Brooks Arraigned in Local Court •Student Participant Seeks Moot Court Improvements •Law Review Revises Selection Procedures •Enjoy the Free Beer While It Lasts •The Docket
Vol. 44, No. 11, April 4, 1994, University Of Michigan Law School
Vol. 44, No. 11, April 4, 1994, University Of Michigan Law School
Res Gestae
•Permanent Public Interest Funding in Doubt •BLSA to Hold Symposium on Civil Rights •First-Year Student Arrested in Dean's Office for Protest •Student Groups Condemn Poster Vandals •LSSS Urges Continued Public Interest Funding •An Open Letter to the Class of 1994 •Soundgarden, NIN: Knights in Black Satin •The Docket •The Wyoming Connection: A Job-Hunting Fiction •Casino Night and Other Sundry Matters •Law in the Raw
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider
Articles
In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …
Vol. 44, No. 10, March 21, 1994, University Of Michigan Law School
Vol. 44, No. 10, March 21, 1994, University Of Michigan Law School
Res Gestae
•Dean Candidates Named in New York Times •Four Faculty Members to Leave Michigan •School Should Allow Computers on Exams •Ignore U.S. News Law School Rankings •Gossip, Not Editorials, Should be RG's Focus •Student, Prof Reaction to Grading System Mixed •U of M Law School Left Livingston-less •Memo, Fire Raise Questions About Library Safety •LSSS Election Candidate Statements •The Docket •The Mailbag: Advice for the Inquiring Mind •Phi Delta Phi House Announces Ethics
Vol. 44, No. 9, March 7, 1994, University Of Michigan Law School
Vol. 44, No. 9, March 7, 1994, University Of Michigan Law School
Res Gestae
•Law School Step Closer to Naming Dean •Student SFF Pledges Lag Behind Last Year's Pace •Grade Curves: A Vicious Cycle Continues •Letter to the Editor •Student Sponsor Debate on Religious Expression •Elevator Music for Generation X •Love and the Golden Handcuffs: A Fiction Story •Regal Hints for a Tropical Paradise Vacation •Law in the Raw
Vol. 44, No. 8, February 7, 1994, University Of Michigan Law School
Vol. 44, No. 8, February 7, 1994, University Of Michigan Law School
Res Gestae
•One Outsider Remains in Dean Search •Number of On-Campus Interviews for 1L's Low •Job Search Provides Humorous Anecdotes •Clinton Reinvents the Government •Profs Make Curriculum Proposal •Condemn Anti-Semitism; Respect Free Speech •Students Question Course Offerings •The Docket •A Regal Trip South O' the Border for Spring •Arbitrary and Capricious? •Elvis Lives!! In My Attic, of Course •Alternative Rock n' Roll Digs Up Its Conscience •Misty Water Colored Law School Memories •Law in the Raw
Vol. 44, No. 7, January 24, 1994, University Of Michigan Law School
Vol. 44, No. 7, January 24, 1994, University Of Michigan Law School
Res Gestae
•Search for New Law Dean Continues •Res Gestae Needs Your Help to Survive •Cyberlawyers: Some Thoughts on a New Breed •Heard Any Good Scandals Lately? •Professor Questions USA Patriotism •Phi Delta Phi: The Tradition Continues •The Docket •Crossword •Swarthmore Tries to Please All, Pleases No One •TV Offers Filler for Bored Student •The Year in Music: One Critic's Kvetchings •Royal Hints on Winter Recreation •How I Stopped Worrying About Law School & Learned to Love the TV
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White
Other Publications
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. Most of those 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 immediate or remote parties. Third parties may …
Class Of 1994 Five Year Report Alumni Comments, University Of Michigan Law School
Class Of 1994 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.
Class Of 1994 Five Year Report, University Of Michigan Law School
Class Of 1994 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.
Art Catalog, University Of Michigan Law School
Art Catalog, University Of Michigan Law School
Miscellaneous Law School History & Publications
A catalog to art photographs and artwork at the University of Michigan Law School.
Honors Convocation, University Of Michigan Law School
Honors Convocation, University Of Michigan Law School
Commencement and Honors Materials
Program for the May 13, 1994 University of Michigan Law School Honors Convocation.
Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia
Who Is Jessica's Mother? Defining Motherhood Through Reality, Suellyn Scarnecchia
Other Publications
The recent Baby Jessica case and others like it have renewed the nature versus nurture debate in family law. Baby Jessica's biological parents, the Schmidts, sought to obtain permanent custody of their daughter after giving her up for adoption to the DeBoer family. Their argument was one that found its basis in biology and the idea of a traditional family. On the other hand, with the assistance of Professor Scarnecchia, the DeBoers argued that it was more important forJessica's overall health to remain with her primary caretakers of two years. Courts, however, have taken a more traditional view of this …
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Limiting The Role Of Patents In Technology Transfer, Rebecca S. Eisenberg
Other Publications
Federal policy since 1980 has reflected an increasingly confident presumption that patenting discoveries made in the course of government-sponsored research is the most effective way to promote technology transfer and commercial development of those discoveries in the private sector. Policymakers in the past may have thought that the best way to achieve widespread use of government-sponsored research was to make the results freely available to the public; the new pro-patent policy stresses the need for exclusive rights as an incentive for industry to invest in bringing new products to market.
The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White
The Emerging Article 2: Remedies For Breach Of The Contract For Sale, Richard E. Speidel, James J. White
Other Publications
Article 2, Sales is being revised by a Drafting Committee of the National Conference of Commissioners on Uniform State Laws. To date, the Drafting Committee has held eight meetings and two more are scheduled for early 1995 . The first reading of revised Article 2 occurred at the annual meeting of NCCUSL in August, 1994. A target completion date for the Article 2 project is August, 1996 .
Article 5: Highlights Of The Proposed Revision, James J. White
Article 5: Highlights Of The Proposed Revision, James J. White
Other Publications
I. The Current Status of Article 5: Drafting, Approval and Promulgation--The Most Significant Changes or Clarifications -- II. The Most Contentious Issues in the Revision of Article 5 -- III. More Subtle Questions About Revised Article 5
Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke
Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke
Other Publications
This panel discussion took place on April 21, 1994, as part of the University of Cincinnati College of Law's 1994 Robert S. Marx Lecture presented by Professor James Boyd White: The Authority of Law and Philosophy in Plato's Crito.
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
A Technology Policy Perspective On The Nih Gene Patenting Controversy, Rebecca S. Eisenberg
Articles
This article will use the NIH patent controversy as a focal point for considering when the results of government-sponsored research should be patented and when they should be dedicated to the public domain. First, this article will review the recent history of federal government policy on patenting the results of government-sponsored research. Next, this article will highlight some of the complexities involved in achieving technology transfer from the public sector to the private sector that current policy may oversimplify. With this background, this article will return to a more detailed analysis of the NIH cDNA patenting controversy and consider the …
Imagining The Law, James Boyd White
Imagining The Law, James Boyd White
Book Chapters
My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …
Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma
Articles
In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Articles
In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …