Law Commons^™

Why Would Law Students Benefit From Studying Economics?, Michelle J. White

University of Michigan Journal of Law Reform

Why would law students benefit from studying economics? Three reasons come to mind. First, knowing some economics should enable students to understand more fully the issues encountered in a variety of areas of the law. Second, in a variety of areas of the law, economic analysis constitutes a central component of the legal arguments made in prosecuting and defending the case. Third, many law students will become involved in policy-making, whether because they end up working in the executive branch of government or because they become legislators, lobbyists, or legislative staff.

In the following sections, I treat each of the …

Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe

University of Michigan Journal of Law Reform

This article assesses the primary product of law schools-the practicing lawyer-and reviews the criticisms of the adequacy of the initial training for attorneys that law schools provide. After a brief. review of goals of legal education and goals of clinical teaching methods, the article argues that properly structured clinical programs are not based on flawed premises and that the nation's law schools, particularly the leading schools, should not abandon their clinical experiments without further efforts to help clinical legal education achieve its unfulfilled promises. The premises and assertions of this article are not new. Indeed, they are reiterations of a …

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

University of Michigan Journal of Law Reform

Although this paper will reach a wider audience, in it I mean mainly to address the students and faculty of the University of Michigan Law School. It is meant to be part of a conversation in which members of this community talk to each other about the life they share.

I have written elsewhere about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in ·the process of legal education, on one side of the podium or the other, and wish to say something of what I …

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown

University of Michigan Journal of Law Reform

The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.

Protecting The Independence Of Administrative Law Judges: A Model Administrative Law Judge Corps Statute, Karen Y. Kauper

University of Michigan Journal of Law Reform

This Note concludes that the federal government should adopt some form of central panel system to protect both the independence of the ALJs and the public interest. Part I of this Note presents several alternatives to the central panel systems that have been proposed in past years and discusses their inadequacies. Part II summarizes the arguments concerning the central panel system of administrative adjudication. Part III discusses several of the integral elements of a central panel system and analyzes the state statutes and the proposed federal legislation in light of these elements. Finally, Part IV proposes a model statute for …

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.

The Nobel Prize For Law, Alfred F. Conard

University of Michigan Journal of Law Reform

There is no Nobel prize for law. This lack is not in itself a cause for concern, since the discipline of law is replete with its own rewards. But some cause for concern inheres in the implication that law provides very few examples of the kinds of contributions to humanity that merit Nobel prizes.

Is Thinking Like A Lawyer Enough?, Sallyanne Payton

University of Michigan Journal of Law Reform

Every year that I attend meetings of the Law School's Committee of Visitors I ask members of the committee how the school might improve the training that we give to our graduates. Every year until this one the lawyers who have responded to this question have given a standard answer: the young lawyers are smart, they say, smarter in many respects than their seniors, but they don't know how to write well. This response usually leads to a discussion of the proper place of skills training in the law school curriculum; lawyers and professors engage in a little jousting over …

A Proposal For Extension Of The Occupational Safety And Health Act To Indian-Owned Businesses On Reservations, Maureen M. Crough

University of Michigan Journal of Law Reform

This Note argues that the Act does not apply to Indian businesses because it does not specifically mention them. While sensitive to the desirability of providing certain kinds of federal protections to all Americans, this Note takes the position that the sovereignty of Indian tribes should not be abrogable except by considered and express congressional action. Concluding nonetheless that the workplace protection the Occupational Safety and Health Act provides should be extended to Indians on reservations, the Note proposes amendment of the Act: to extend its protection; to permit tribal enforcement; and to authorize the federal government to help financially …