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University of Michigan Law School

2002

Articles 1 - 30 of 66

Full-Text Articles in Law

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah Dec 2002

Back To The 1930s? The Shaky Case For Exempting Dividends, Reuven S. Avi-Yonah

Articles

This article is based in part on the author’s U.S. Branch Report for Subject I of the 2003 Annual Congress of the International Fiscal Association, to be held next year in Sydney, Australia (forthcoming in Cahiers de droit fiscal international, 2003). He would like to thank Emil Sunley for his helpful comments on that earlier version, and Steve Bank, Michael Barr, David Bradford, Michael Graetz, and David Hasen for comments on this version. Special thanks are due to Yoram Keinan for his meticulous work on the EU regimes (see Appendix). All errors are the author’s. In this ...


Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School Dec 2002

Vol. 53, No. 6, December 3, 2002, University Of Michigan Law School

Res Gestae

•Clothing Drive Succeeds Again •Faculty Profile: Andy Buchsbaum •Asst. AG, Former Prof. Returns to Speak at UMLS •Law School to Build Big •CrimLaw Society Career Panel •Veteran Defender Gives Talk on Post-9/11 Detainees •Affirmative Action Insider Speaks •Crossword


'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary Dec 2002

'A Time To Build' - William W. Cook And His Architects: Edward York And Philip Sawyer, Margaret A. Leary

Articles

The following narrative outlines the role of donor William W. cook and the architects who built the Law Quadrangle 70 years ago. The report is excerpted and adapted from 94 Law Library Journal 395-425 (2002-26). The author is director of the University of Michigan Law School's Law Library.


Vol. 53, No. 5, November 19, 2002, University Of Michigan Law School Nov 2002

Vol. 53, No. 5, November 19, 2002, University Of Michigan Law School

Res Gestae

•Reading Between the Lines: A Look at Law School Class Offerings •And Down the Stretch They Come! •Recent Graduate Highlights Public Interest Path •More than a 1L: Analyzing the Summer Start Program •Tales from a Swami: NBA 2002-03 Preview •Review: Bowling for Columbine •Music to Learn to •3Ls Challenged to Pledge Money


Vol. 53, No. 4, October 29, 2002, University Of Michigan Law School Oct 2002

Vol. 53, No. 4, October 29, 2002, University Of Michigan Law School

Res Gestae

•LSSS Approves Controversial Funding Allocations •Who Are You Supposed to Be? •Horror in the Quad: A Victim Speaks •Faculty Laud Judicial Clerkships •Professor Molly Van Houweling •Alumna On Affirmative Action •When Mr. Caminker Went to Washington •1Ls Get Hands Dirty for Public Service •A Crash Course: Michigan No-Fault Law •Judge Shares Thoughts on ConLaw •Fantasy B-ball Secrets •Crossword


Vol. 53, No. 3, October 15, 2002, University Of Michigan Law School Oct 2002

Vol. 53, No. 3, October 15, 2002, University Of Michigan Law School

Res Gestae

•Webcast Classes Could Change Law School Forever •Bottom of the Pile •Fast Times at Small Firms •Student Profile: Meet Maren Norton •Excerpt from the Diary of lawstudents@umich.edu •Lunch for Two •Interpol: Turn on the Bright Lights •Nashville: 1 Part Vegas + 1 Part New Orleans, Shake Vigorously •Crossword


Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School Sep 2002

Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School

Res Gestae

•A Welcome Note from the Editor •Posturing Policy Problem •E.O. Squish •Students Met with New Policies •Defending a WTC Bomber •Larry Thompson Speaks on DOJ •Patrick Ewing: Ode to a Man Maligned •Just a Drunken Idiot •I Hate My Cell Phone •CD Review: So Much Shouting/ So Much Laughter •Crossword


Vol. 53, No. 1, Early Interview Week 2002, University Of Michigan Law School Aug 2002

Vol. 53, No. 1, Early Interview Week 2002, University Of Michigan Law School

Res Gestae

•Welcome Back •Finding a Job and Being Happy •Film Research 101 •Recruiting Expert Frank Kimball Shares Interviewing Insights •Drugs, Judge, Poodle: Internship •RG Talks Public Service with Dean Precht •RG Market Series •Last Wholesome Sport? •Vegas on a Summer Associate's Salary •The Magic 5% •Crossword


All My Rights, Carl E. Schneider Jul 2002

All My Rights, Carl E. Schneider

Articles

Diane Pretty was an Englishwoman in her early 40s who had been married nearly a quarter of a century. In November 1999, she learned she had amyotrophic lateral sclerosis-in Britain, motor neurone disease. Her condition deteriorated rapidly, and soon she was "essentially paralysed from the neck downwards." She had "virtually no decipherable speech" and was fed by a tube. She was expected to live only a few months or even weeks. AB a court later explained, however, "her intellect and capacity to make decisions are unimpaired. The final stages of the disease are exceedingly distressing and undignified. AB she is ...


For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah Jun 2002

For Haven's Sake: Reflections On Inversion Transactions, Reuven S. Avi-Yonah

Articles

This article discusses “inversion” transactions, in which a publicly traded U.S. corporation becomes a subsidiary of a newly established tax haven parent corporation. In the last three years, an increasing number of these transactions have been taking place, undeterred by the shareholderlevel tax imposed by the IRS on them in 1994. The article first discusses the reasons for the increasing popularity of the transactions and the tax goals they aim at achieving (primarily avoiding subpart F and U.S. earnings stripping). The article then discusses the tax policy implications of these transactions. In the short run, the article suggests ...


How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider May 2002

How Underlying Patient Beliefs Can Affect Physician-Patient Communicaion About Prostate-Specific Antigen Testing, Michael H. Farrell, Margaret Ann Murphy, Carl E. Schneider

Articles

Routine cancer screening with prostate-specific antigen (PSA) is controversial, and practice guidelines recommend that men be counseled about its risks and benefits. OBJECTIVE. To evaluate the process of decision making as men react to and use information after PSA counseling. DESIGN. Written surveys and semistructured qualitative interviews before and after a neutral PSA counseling intervention. PARTICIPANTS. Men 40 to 65 years of age in southeastern Michigan were recruited until thematic saturation—that is, the point at which no new themes emerged in interviews (n = 40). RESULTS. In a paper survey, 37 of 40 participants (93%) said that they interpreted the ...


Vol. 52, No. 11, April 16, 2002, University Of Michigan Law School Apr 2002

Vol. 52, No. 11, April 16, 2002, University Of Michigan Law School

Res Gestae

•Drunken Wealth Redistribution: 2002 SFF Auction •1L of a Year •The Insider •Parting Words •Let's Retire "Esquire"


Vol. 52, No. 10, April 1, 2002, University Of Michigan Law School Apr 2002

Vol. 52, No. 10, April 1, 2002, University Of Michigan Law School

Res Gestae

•Quad Once Home to Homer J. •On a Serious Note •Course Selection Guide- New Classes for Fall 2002 •New Facebook Format •The Insider •Law School Student Senate Minutes •Crossword •Contraceptives, Conservatism, and Constitutions


Vol. 52, No. 9, March 19, 2002, University Of Michigan Law School Mar 2002

Vol. 52, No. 9, March 19, 2002, University Of Michigan Law School

Res Gestae

•Law School Offers Strong Clinics •Letter to the Editor: Much Ado about Double-Spacing •The Insider •Hindu New Year Controversy •The English Jacobin Novel •Clem Snide- Ghost of Fashion and More


Vol. 52, No. 8, February 20, 2002, University Of Michigan Law School Feb 2002

Vol. 52, No. 8, February 20, 2002, University Of Michigan Law School

Res Gestae

•Quad once Home to JAG School •The Ten Raise Jest Commandments •Mardi Gras •The Insider •Dear RG •Three Legal Stooges •The Ice Storm •The Rant •Grade Summary •Fresh, Hot DVDs


Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School Jan 2002

Vol. 52, No. 7, January 29, 2002, University Of Michigan Law School

Res Gestae

•"K's and MLK": Martin Luther King and Contract Law •The Wailing Wall •The Case for Tribunals •The Rant •Who Killed Buddy Clinton? •When Your Favorite Shows Suck •The Insider •Crossword •Moderately Priced Restaurants in Ann Arbor


The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg Jan 2002

The Role Of Patents In Exploiting The Genome, Rebecca S. Eisenberg

Book Chapters

The sequencing of the human genome is a great scientific accomplishment that opens the door to further scientific inquiry of a sort that would otherwise be impossible. In addition to being passionately interested in the patent issues this research presents, as a legal scholar I have a long-standing interest in the role of intellectual property in interactions between the public and private senators and between universities and private firms in research science, with a focus on biomedial research. However, although the Human Genome Project has provided a rich terrain for exploring these issues, I am puzzled that intellectual property issues ...


How Many Copies Are Enough? Using Citation Studies To Limit Journal Holdings, Kincaid C. Brown Jan 2002

How Many Copies Are Enough? Using Citation Studies To Limit Journal Holdings, Kincaid C. Brown

Law Librarian Scholarship

Mr. Brown introduces the University of Michigan Law Library’s use of citation study literature to develop a new policy regarding the number of duplicate copies of law review titles to be held in the library’s collection. The specifics of the new policy are described


Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle Jan 2002

Foreign Direct Investment In Latin America Overview And Current Status, Reuven S. Avi-Yonah, Martin B. Tittle

Other Publications

More firms than ever, and in more industries and countries, are expanding abroad through [foreign] direct investment [FDI]. Although FDI in 1980 was equivalent to only 5% of world GDP, by the end of the 1990's, that percentage had more than tripled to 17%. In 1993, the total US dollar value of world FDI was only US$ 200 billion, but by the year 2000, it had risen to US$ 1.3 thousand billion. Developing countries received around 25% of these inflows, mostly in the form of "greenfield" investments, where a new enterprise is essentially created from scratch.


Res Ipsa Loquitur Jan 2002

Res Ipsa Loquitur

Yearbooks & Class Year Publications

Yearbook of the Class of 2002.


"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Donald J. Herzog Jan 2002

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Donald J. Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been ...


The Canon Has A History, Richard A. Primus Jan 2002

The Canon Has A History, Richard A. Primus

Reviews

Legal Canons, edited by J. M. Balkin and Sanford Levinson, is a collection of fourteen essays on subjects related to canonicity in law and legal education. Balkin and Levinson have two principal aims. One is to expand the category of things that can be canonical: not just texts, they say, but also arguments, problems, narrative frameworks, and examples invoked in conversation or teaching. In their view, what makes something canonical is its ability to reproduce itself in the minds of successive generations.' If generation after generation of legal academics argues about the countermajoritarian difficulty, then the countermajoritarian difficulty is a ...


...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman Jan 2002

...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes seemed--whatever the reality--to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


The Constitution And The New Deal, Richard D. Friedman Jan 2002

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah Jan 2002

Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah

Reviews

In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand’s 1957 novel Atlas Shrugged, Atlas represents the “ prime movers”—the talented few who bear the weight of the world’s economy.1 In the novel, the prime movers go on strike against the oppressive burden of excessive regulation and taxation, leaving the world in disarray and demonstrating how indispensable they are to the rest of us (the “second handers” ).


The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine Jan 2002

The Once And Future Labor Act: Myths And Realities, Theodore J. St. Antoine

Other Publications

In this provocative article Professor St. Antoine laments, "I cannot believe that a private-sector workforce that is only one-tenth organized is ultimately good for labor, for management, or for the whole of our society." His speech to the College of Labor and Employment Lawyers outlines the original purposes of the National Labor Relations Act, the reasons for the drastic decline in the percentage of the workforce that is unionized, and his suggestions for changes in the law that would encourage and promote collective bargaining.


University Of Michigan Law School, University Of Michigan Law School Jan 2002

University Of Michigan Law School, University Of Michigan Law School

Miscellaneous Law School Publications

Small pamphlet containing 2001-2002 notable statistics of the Law School, including enrollment, tuition, placement, faculty, and library.


Dicta, University Of Michigan Law School Jan 2002

Dicta, University Of Michigan Law School

Miscellaneous Law School Publications

We are proud to present the 2002 edition of Dicta, the Law School Literary Journal. The literary journal was created in order to provide a forum for the creative talents that are sometimes overlooked in a rigorous academic environment. This journal reflects the richness and diversity of our Law School Community, students, faculty, and staff alike.


Honors Convocation, University Of Michigan Law School Jan 2002

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 3, 2002 University of Michigan Law School Honors Convocation.


Faculty Scholarship 1999-2002, University Of Michigan Law School Jan 2002

Faculty Scholarship 1999-2002, University Of Michigan Law School

Miscellaneous Law School Publications

A listing of all the published works of University of Michigan Law School faculty.