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1992

University of Michigan Law School

Series

Articles 1 - 30 of 56

Full-Text Articles in Law

Vol. 43, No. 5, November 23, 1992, University Of Michigan Law School Nov 1992

Vol. 43, No. 5, November 23, 1992, University Of Michigan Law School

Res Gestae

•Journal Ensnared in Feminist Debate •Dean Answers Questions about Prof Course Load •Shand Gives Up Hitting the Ice for Hitting the Law Books •Free Speech Takes Hit from All Sides •Journal Submits its Side of Story •Scholars Advocate Bankruptcy Reforms •The Docket •An Update from LSSS •The Out-to-Lunch Custom: A Story •Green 2L Has Interview Blues •Regals Take Day Off in Windy City •Law in the Raw


Vol. 43, No. 4, November 9, 1992, University Of Michigan Law School Nov 1992

Vol. 43, No. 4, November 9, 1992, University Of Michigan Law School

Res Gestae

•Funding Process Changed for Groups •Does Size Count? •Clinton's Decisive Victory Sparks Hope, Uncertainty •Third-Year Supports Use of JAG Interview by LGBLSA Member •Developments May Affect Lawyers in Long-Term •Letter Calls Editorial 'Illogical' •Dworkin: Prostitutes Have Little Choice in Male-Dominated World •Sex, Violence: The Lover, Reservoir Dogs •How Toxic Are You? •Law Students and Halloween Hijinks •Law in the Raw •The Docket


Vol. 43, No. 3, October 26, 1992, University Of Michigan Law School Oct 1992

Vol. 43, No. 3, October 26, 1992, University Of Michigan Law School

Res Gestae

•Journal to Hold Prostitution Symposium •Navy JAG Interviews Spark Student Protest •Strong Support for New Section May Not Save it from the Ax •Kamisar Rises to the Euthanasia Challenge •LGBLSA Protest Was a Good Idea but Group had a Bad Battle Plan •HLSA Announces 8th Annual Juan Tienda Scholarship Banquet •Law Library Defends Disposal of Books •ILP Seeks Volunteers for Prisoner Hearings •Winter Grade-o-Rama!!! •Party On, Your Honor! •The Docket •On Voting in Costume... •Hypos's Get Under my Skin •Beergoggling and Abstinence Pervade A2 •Law in the Raw •Developments May Affect Lawyers in Long-Term •Letter Calls Editorial 'Illogical'


Vol. 43, No. 2, October 12, 1992, University Of Michigan Law School Oct 1992

Vol. 43, No. 2, October 12, 1992, University Of Michigan Law School

Res Gestae

•New Lounge Sends Smokers Outside •Placement Answers Complaints •New Section Hits 1st Bridge Week •Women and Force- Here and There •Opinions Sought •Letters to the Editor •Dr. Death: Ultimatum to Legal Community? •Lunches Address Public Interest •Exhibit to Focus on Prostitution •Moot Court is Now in Session •The Docket •R.E.M., Waits Albums Look Back to Future •...On Sensory Deprivation •Tips for Those Stuck in Ann Arbor •Law in the Raw


Vol. 43, No. 1, September 28, 1992, University Of Michigan Law School Sep 1992

Vol. 43, No. 1, September 28, 1992, University Of Michigan Law School

Res Gestae

•Law Students Help Out Haitians •After Record Year for Class of '94 This Year Sees Drop in Women •Memorial Fund Established for Former Law Students •RG Returns •Court Upheld Roe but Left Country Burdened •Turning Stomach, Slimy Hands: Hot Date? No, Just an Interview •Financial Aid Realities at Michigan •New Profs Welcomed at UM Law School •NYU Most Expensive Law School; Michigan Moves up the Ladder •Open Letter from Law School Student Senate •The Docket •Woody is Solid; Lovers Wilt •1L's Beware: Bollinger May Have You in His Sights! •The Search Begins for a New Manitsky •Crossword •Law in the …


State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider Sep 1992

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

Articles

I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …


Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role the patient's …


Talking About Rights, Carl E. Schneider May 1992

Talking About Rights, Carl E. Schneider

Reviews

In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …


Vol. 42, No. 13, April 13, 1992, University Of Michigan Law School Apr 1992

Vol. 42, No. 13, April 13, 1992, University Of Michigan Law School

Res Gestae

•Review Keeps Affirmative Action •Plants, Burke Win Moot Court Finals •Computer Lab's Fate Up in the Air •To Our Readers •Letter to the Editor •…On Warren's MSA Resignation •Justice Antonin Scalia Praised, Criticized by Profs, Students •Odds 'n Ends From the Law School... •The Docket •Pair Reach Finals of ABA Contest •Thongs Meet Defeat in Tourney


Vol. 42, No. 12, March 30, 1992, University Of Michigan Law School Apr 1992

Vol. 42, No. 12, March 30, 1992, University Of Michigan Law School

Res Gestae

•MAP Sparks Controversy •LSSS Candidates Stump for Votes •Michigan Law Ranked 6th •Letter to the Editor •…On the MSA Speech-Code Ban •Reiteration of the Dream Deferred •Pro-Choice Women Deserve Better than Clinton •Defacing of Posters Degrading •LSSS President's Year-in-Review •LSSS Candidate Statements •Deans Face Questions of Fairness, Need for Program Still Exists •Faculty Offer Ideas for MAP's Future •Kozinski KO's Kooky Courts •Let's Kill All the Filmmakers •Article 99- Not Just Another Movie about Veterans •The Docket •The Love Doctor •Back for March Madness •Thongs to Play in Championship


The Channelling Function In Family Law, Carl E. Schneider Apr 1992

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …


Vol. 42, No. 11, March 16, 1992, University Of Michigan Law School Mar 1992

Vol. 42, No. 11, March 16, 1992, University Of Michigan Law School

Res Gestae

•SFF Kicks Off Fund Drive •Reagan Righties Rip Speech Regulations •Clinton Stands by Her Man at Law School •Letter to the Editor •The ROSSGATE Scandal •Thongs Win Big


Vol. 42, No. 10, February 10, 1992, University Of Michigan Law School Feb 1992

Vol. 42, No. 10, February 10, 1992, University Of Michigan Law School

Res Gestae

•Malcolm X Remembered as "Warrior" •Hirabayashi: Internment Could Happen Again •Lefty Lawyer Rants about Rehnquist Righties •Case Club Should be Revamped •The Docket •Letters to the Editor •We'll Hire You as a First-Year. Not!! •Law in the Raw


Vol. 42, No. 9, January 27, 1992, University Of Michigan Law School Jan 1992

Vol. 42, No. 9, January 27, 1992, University Of Michigan Law School

Res Gestae

•Poor Get Dumped On •Kamisar Seeks Anti-Euthanasia Voices •Minority Underrepresentation Noted on MLK Day •Law School Lacks Practical Guidance •Open Meetings Should be Open •Michigan Needs Women's Law Journal •Should Classes be Cancelled on MLK Day? •Things Other than Landfills are Stinking in New Jersey •The Docket •Symposium Speakers to Define Democracy •Shh! New Library Policy Implemented •1Ls Cope With Diminished Prospects •Thoughts from the Armchair •Thongs Ice "Crushers" •Mixed Metaphors, Mixed Results: Haynes' Poison, Kasdan's Grand Canyon •Law in the Raw


Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green Jan 1992

Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green

Reviews

Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …


I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog Jan 1992

I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog

Reviews

Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.


The Quadrangle Jan 1992

The Quadrangle

Yearbooks & Class Year Publications

Yearbook of the Class of 1992.


Class Of 1992 Five Year Report, University Of Michigan Law School Jan 1992

Class Of 1992 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.


Class Of 1992 Five Year Report Alumni Comments, University Of Michigan Law School Jan 1992

Class Of 1992 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.


Honors Convocation, University Of Michigan Law School Jan 1992

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the May 8, 1992 University of Michigan Law School Honors Convocation.


Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow Jan 1992

Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow

Reviews

We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …


Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Sixth Edition, Rose Coad, Beth Mcwilliams Jan 1992

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Sixth Edition, Rose Coad, Beth Mcwilliams

Law Library Publications

The sixth edition of this bibliography is a subject arrangement of selected English language treatises, looseleaf services and form books. Most of the works listed were published in this country, and all are in the collection of this law library.

The object in revising this bibliography has been to present to law students of the University of Michigan a reasonably thorough listing of useful and current secondary sources covering domestic and international law. The inclusion of a work in this bibliography does not mean the Law Library is endorsing either the author's sty le or the substance of the work. …


Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman Jan 1992

Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman

Articles

In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …


Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette Jan 1992

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

Articles

The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …


The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner Jan 1992

The Upc's New Survivorship And Antilapse Provisions, Edward C. Halbach Jr., Lawrence W. Waggoner

Articles

Law governing transfers of family property has long struggled with questions of survivorship in their many and varied forms. Important results can and regularly do turn on how such issues are resolved.


Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman Jan 1992

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

Articles

The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …


Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman Jan 1992

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

Articles

I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …


Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner Jan 1992

Spousal Rights In Our Multiple-Marriage Society: The Revised Uniform Probate Code, Lawrence W. Waggoner

Articles

The transformation of the American family constitutes one of the great phenomenons of the past two decades. The traditional Leave It to Beaver family no longer prevails in American society. To be sure, families consisting of the wage-earning husband, the homemaking and child-rearing wife, and their two joint children still exist. But divorce rates are astonishingly high and remarriage abounds. In fact, there is an increasing prevalence in the population of marriages that are more likely to end in divorce than others-marriages in which one or both partners were divorced before and marriages of couples who cohabited prior to marriage.


Tax Expenditure Budgets: A Critical View, Douglas A. Kahn, Jeffrey S. Lehman Jan 1992

Tax Expenditure Budgets: A Critical View, Douglas A. Kahn, Jeffrey S. Lehman

Articles

During the past few months, Tax Notes has featured an extended discussion about the "normalcy" (or lack thereof) of accelerated depreciation. Two contributions to that discussion came from Professor Calvin Johnson of the University of Texas Law School, who disagreed with certain aspects of an article that Professor Kahn wrote in 1979. And the debate shows no sign of slowing down. The interchange over the details of accelerated depreciation offers a useful backdrop against which to consider a more general issue: the intellectual coherence of the tax expenditure budgets. The larger concept of tax expenditures was what motivated Kahn to …


Tax Policy And Panda Bears, Douglas A. Kahn, Jeffrey S. Lehman Jan 1992

Tax Policy And Panda Bears, Douglas A. Kahn, Jeffrey S. Lehman

Articles

In this article. Professors Kahn and Lehman argue that the concept of tax expenditure is flawed as a tool for measuring the propriety of tax provisions. It assumes the existence of on true and correct standard of federal income taxation that applies to all circumstances. To make that a assumption, the proponents of the concept implicitly make a particular moral claim about the relative importance of a wide range of values, including efficiency, consumption/savings neutrality, privacy, distributional equity, administrabiliy, charity, and pragmatism. They then measure a tax provision's "normalcy" exclusively by how it conforms to their Platonic concept of income. …