Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1993

University of Michigan Law School

Discipline
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 174

Full-Text Articles in Law

Vol. 44, No. 6, November 22, 1993, University Of Michigan Law School Nov 1993

Vol. 44, No. 6, November 22, 1993, University Of Michigan Law School

Res Gestae

•'Boycott Colorado' Efforts Continue •Student Senate Responds to Racism Charges •LSSS Election Debacle Provides Instructive Lesson •Are Law Students 'Hissing' to be Clever in Class? •Excessive Posting Mars Halls of Academe •Alumnus Decries Moot Court Board Decision •Voluntary Imprisonment: The Life of a Prison Guard •The Docket •Catsup Please! Tater Tots Overrun Phid House •Study Hints for the Efficient Student •TV, Movies Offer Widely Divergent Choices •1st Annual Most Annoying Law Students Awards •Law in the Raw


Vol. 44, No. 5, November 8, 1993, University Of Michigan Law School Nov 1993

Vol. 44, No. 5, November 8, 1993, University Of Michigan Law School

Res Gestae

•Moot Court Disqualifies 13 late Teams •An Interview with Patricia White •Journal of Gender & Law Approaches First Issues •Student Access LSSS of Botching First-Year Elections •The Docket •The Mailbag: Advice for the Lovelorn •The Lewdicrous and Profane: How 3Ls Kill Time


Vol. 44, No. 4, October 25, 1993, University Of Michigan Law School Oct 1993

Vol. 44, No. 4, October 25, 1993, University Of Michigan Law School

Res Gestae

•More Than 1 in 4 3Ls Without Offers •Placement Office Hires Public Interest Director •Let's Hope Search for New Dean is Not a Farce •Search Committee Seeks Student Input on Bollinger's Replacement •Want a Public Interest Job? Search Yourself •ACLU Pits Itself Against Student Freedom, Learning •3L Entrepreneur Provides Letter Service for Job Seekers •Crossword •A Dogfight with J.J. White •Third-Year Makes Use of Kamisar in Summer Job •Detroit Residents Receive Aid from Student Clinic •Nirvana: The Beatles of the '90s? •The Lewdicrous and Profane •The Docket •More Tips on Interviewing, Costume Hints •Alice in Chains: The ...


Vol. 44, No. 3, October 11, 1993, University Of Michigan Law School Oct 1993

Vol. 44, No. 3, October 11, 1993, University Of Michigan Law School

Res Gestae

•Survey: Some Claim Sex Harassment •Computer Lab Undergoes Improvements •Temper Hope for Mid-East Peace Process •The Bad, the Worse and the Ugly •Oktoberfest Raises Funds for Loan Forgiveness •New Curve will Help Most Only Slightly •Interview with a Defensive Prosecutor •The Docket •How to and Not to Interview for a Job •Law in the Raw


Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky Oct 1993

Excuses, Excuses: Neutral Explanations Under Batson V. Kentucky, Michael J. Raphael, Edward J. Ungvarsky

University of Michigan Journal of Law Reform

The legal struggle for racial justice in the United States has always been in part a struggle to determine how best to achieve racial equality. In 1986, in Batson v. Kentucky, the United States Supreme Court attempted to curb racial discrimination in the use of peremptory challenges to strike potential members of a jury. The Court mandated procedures for determining whether a prosecutor had struck members of the venire because of their race. The procedures furnished in Batson are quite general, however, and lower courts have used a variety of standards in implementing them. This Article examines how lower courts ...


Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand Oct 1993

Nothing Lasts Forever: Toward A Coherent Theory In American Preservation Law, Kathryn R.L. Rand

University of Michigan Journal of Law Reform

Part I of this Note examines Grégoire's liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy's experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid.


Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner Oct 1993

Bankruptcy Courts And Stare Decisis: The Need For Restructuring, Jeffrey J. Brookner

University of Michigan Journal of Law Reform

Part I of this Note provides background by summarizing the rules of stare decisis. Part II refutes the contention that the present court structure allows bankruptcy judges not to follow domestic district court precedent. Part II asserts that, in pursuit of legitimate ends, bankruptcy judges have employed illegitimate means. Finally, Part II contends that bankruptcy judges are better equipped to make bankruptcy decisions than district judges. Part III concludes that the bankruptcy system should be restructured to allow bankruptcy judges to make decisions without being constrained by district court precedent or appeals. Such reform could achieve the substantive goals desired ...


War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard Oct 1993

War And P.E.A.C.E.: A Preliminary Report And A Model Statute On An Interdisciplinary Educational Program For Divorcing And Separating Parents, Andrew Schepard

University of Michigan Journal of Law Reform

This Article is a report on P.E.A.C.E. (Parent Education and Custody Effectiveness), an interdisciplinary attempt to create a parent education program in New York. P.E.A.C.E. is an educational program that provides information to parents on three topics: the legal process for determining custody and child support; the effects of divorce and separation on adults; and the effects of divorce and separation on children, and how parents can help children cope with this difficult transition. P.E.A.C.E. is education-nothing more. It is not mediation or therapy. Parents do not talk ...


Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm Oct 1993

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm

University of Michigan Journal of Law Reform

This Article attempts to fill the gaps in the discussion of public interest advocacy by exploring the roles of various legal organizations in providing representation to inmates challenging the conditions and practices in prisons, jails, and juvenile justice institutions. It is an outgrowth of a study conducted for the Edna McConnell Clark Foundation on the extent and quality of representation in corrections litigation. It puts forward an organizational change model of public interest advocacy as the most promising strategy for legal representation in the corrections area. It then identifies the major organizational providers of representation, assesses where they fall on ...


Vol. 44, No. 2, September 27, 1993, University Of Michigan Law School Sep 1993

Vol. 44, No. 2, September 27, 1993, University Of Michigan Law School

Res Gestae

•Student Seek Support for Boycott •First-Time Professors Join Law Faculty •Students Deserve to Have Exams Read •Lawyer-Bashing Reaches New Heights, Takes New Forms •Colorado Boycott Inappropriate for Law School •QLSA Asks for Support in Boycott of Colorado •Melon, Harvey Tell Musical Tales of Angst •Outside the Classroom: Lounging by the Pooley •The Docket •Fashion Hints for the Novice Law Student •Law in the Raw


The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner Aug 1993

The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner

Michigan Law Review

The editors have asked me to comment on Judge Edwards' double-barreled blast at legal education and the practice of law. This I am happy to do. It is an important article, stating with refreshing bluntness concerns that are widely felt but have never I think been so forcefully, so arrestingly expressed. Nevertheless I have deep disagreements with it.


The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest Aug 1993

The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest

Michigan Law Review

This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue ...


Plus Ҫa Change, Paul Brest Aug 1993

Plus Ҫa Change, Paul Brest

Michigan Law Review

Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy and practice, of law schools' abandoning their proper missions, of their movement toward pure theory. My own view is quite different. Except for some noteworthy demographic transformations and a healthy broadening of the academic agenda, legal education has changed little during these almost thirty ...


A Response From The Visitor From Another Planet, J. Cunyon Gordon Aug 1993

A Response From The Visitor From Another Planet, J. Cunyon Gordon

Michigan Law Review

In order to admit, as I do, that the related planets of practice and academia are conjoined, one has to realize, as I have, that the legacy of the heavily doctrinal education Edwards wants to preserve may be precisely the lawyers he upbraids - lawyers who generally do not live, work, and behave ethically (with fairness, compassion, and creativity) in a complex, heterogeneous society. This recognition in turn compels the conclusion I reach that the outsiders - with their challenges to the status quo's values, their upstart theories and innovative pedagogies, and even their Star Trek-and-the-law scholarship - may help save Planet ...


Law Teachers' Writing, James Boyd White Aug 1993

Law Teachers' Writing, James Boyd White

Michigan Law Review

Judge Edwards divides scholarship into the theoretical and the practical, and, while conceding the place and value of both, argues that there is today too much of the former, too little of the latter. The result, he says, is an increasing and unfortunate divide between the life of law practice and the writing of law teachers. One can understand his complaint readily enough, especially coming as it does from an overworked judge. I myself have had perceptions and feelings somewhat like those that seem to animate Judge Edwards, though I would express them differently: for me the relevant line is ...


Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson Aug 1993

Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson

Michigan Law Review

I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.


Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds Aug 1993

Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds

Michigan Law Review

Judge Edwards divides his analysis of the cause of the crisis in ethical lawyering into an overview and three parts. The overview and first two parts deal mainly with the role of law schools and legal curriculum in what he views as the deterioration of responsible, capable practitioners. This article takes issue with some of the assumptions, analyses, and conclusions those sections contain. The third part of Edwards' article analyzes the role of law firms in causing that same deterioration. This article agrees with and will elaborate upon that part of Edwards' treatment.

We approach Judge Edwards' article, we hope ...


Clerks In The Maze, Pierre Schlag Aug 1993

Clerks In The Maze, Pierre Schlag

Michigan Law Review

It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric of ...


The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak Aug 1993

The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak

Michigan Law Review

With characteristic vigor, Judge Harry Edwards, in his essay The Growing Disjunction Between Legal Education and the Legal Profession, has censured the law schools and, secondarily, the bar, for what he sees as profoundly disturbing trends pulling academics and practitioners farther and farther apart. Judge Edwards' censure is not proffered off the cuff. He has carefully polled his former law clerks on their perceptions of their law school years and of their postclerkship professional experiences - whether in private practice, in government, or in teaching. In the text and footnotes of his essay, Judge Edwards quotes his law clerks' responses in ...


Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen Aug 1993

Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen

Michigan Law Review

I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."

Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual self-interest. Specifically ...


Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler Aug 1993

Continuing Criminal Enterprise, Conspiracy, And The Multiple Punishment Doctrine, Kenneth G. Schuler

Michigan Law Review

This Note argues that the Multiple Punishment Doctrine prohibits the imposition of concurrent convictions and sentences upon criminal defendants found guilty of engaging in a CCE and conspiring to violate narcotics laws. Part I surveys the values underlying the Multiple Punishment Doctrine and traces the evolution of the Supreme Court's application of the doctrine to modern criminal law. Part II examines the various methods employed by the circuit courts of appeals to deal with simultaneous convictions and sentences for CCE and conspiracy. Part III reviews the test, identified in Part I, that the Supreme Court has implicitly utilized to ...


Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed Aug 1993

Fraudulent Concealment, Self-Concealing Conspiracies, And The Clayton Act, Richard F. Schwed

Michigan Law Review

This Note argues that courts should apply a self-concealment standard to section 4B of the Clayton Act rather than require a showing of additional affirmative acts. Part I examines the history of the fraudulent concealment doctrine and its application to antitrust cases. It identifies three different standards used by courts to satisfy the concealment element and finds that courts apply the doctrine inconsistently. Part II analyzes the relationship between the fraudulent concealment doctrine and the self-concealment standard in antitrust cases by examining the judicial development of the doctrine and Congress' intent in enacting section 4B. Part II concludes that the ...


The Mind In The Major American Law School, Lee C. Bollinger Aug 1993

The Mind In The Major American Law School, Lee C. Bollinger

Michigan Law Review

Legal scholarship is significantly, even qualitatively, different from what it was some two or three decades ago. As with any major change in intellectual thought, this one is composed of several strands. The inclusion in the legal academic community of women and minorities has produced, not surprisingly, a distinctive and at times quite critical body of thought and writing. The emergence of the school of thought known as critical legal studies has renewed and extended the legal realist critique of law of the first half of the century. But more than anything else it is the interdisciplinary movement in legal ...


The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards Aug 1993

The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards

Michigan Law Review

In this essay I offer a postscript to "The Growing Disjunction." It is not possible for me to "respond" directly to the other participants in this symposium, because I had no opportunity before publication to read what they have written. I will therefore limit myself to two tasks. First, I will briefly discuss several issues raised in the article. Second, and most important, I wish to share a representative sample of the responses I have received regarding the article. These responses, I think, provide good evidence of the magnitude of the problem that we face.


Stewardship, Donald B. Ayer Aug 1993

Stewardship, Donald B. Ayer

Michigan Law Review

While I agree with much that Judge Edwards has proposed, I thus submit that his formulations of the problem are partial - a bit like those of the blind men examining different parts of the elephant. The law's current unhappiness is only partly described as that of law schools and practicing lawyers going in different directions, of law practice becoming too commercial, or of law schools failing to serve the needs of the practicing lawyers and judges with practical teaching and scholarship. All of these observations, while correct as far as they go, miss the root of the problem, which ...


Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes Aug 1993

Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes

Michigan Law Review

Perhaps this little piece should be entitled Grace Notes rather than Commentary because I agree with so much of what Judge Edwards had to say in the Michigan Law Review. When I first read his piece, I have to say I was quite skeptical of his methodology, namely, running a survey past a group of former law clerks who, by virtue of their own super achievement, primarily in so-called elite law schools, quite easily could have ethereal points of view. But in typical Edwardsian fashion, the judge made appropriate disclaimers, and the clerks' comments seemed to me, for the most ...


Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse Aug 1993

Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse

Michigan Law Review

I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my ...


Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon Aug 1993

Lawyers, Scholars, And The "Middle Ground", Robert W. Gordon

Michigan Law Review

The Judge seems to be arguing that both teachers and firm lawyers have been seduced from their real vocation by the fatal attraction of neighboring cultures: the practitioners by the commercial culture of their business clients, the academics by the disciplinary paradigms and prestige of theory in the rest of the university. The "deserted middle ground" is the ground of professional practice - practical, yet also public-minded. Perhaps without straining his thesis too far we could ascribe to Judge Edwards a "republican" view of the legal profession, in which legal scholars, practitioners, judges, legislators, and administrators - despite their separate interests and ...


Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman Jul 1993

Foreword: The Many Contexts Of Welfare Reform, Jeffrey S. Lehman

University of Michigan Journal of Law Reform

To nourish the ongoing debate, the editors of the University of Michigan Journal of Law Reform have drawn together contributions from four law professors who have substantial expertise concerning the American welfare state. All of the Articles that compose this Symposium are animated by a desire to broaden our frame of reference for evaluating welfare reform. I believe that their shared project is important. Efforts to change AFDC will send ripples through the multiple legal structures that buoy our public systems of income support and wealth redistribution.


Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan Jul 1993

Disentitling The Poor: Waivers And Welfare "Reform", Susan Bennett, Kathleen A. Sullivan

University of Michigan Journal of Law Reform

This Article examines the purposes underlying the statutory grant of authority to Health and Human Services (HHS) to exempt states from the requirements of the statute, the important role that the Social Security Act has played as a source of rights for welfare recipients, the current wave of exemptions granted by HHS, and the lack of standards for review of state waiver proposals. Finally, this Article recommends the development of procedures and standards for review by HHS and urges that adherence to the core values of the Aid to Families with Dependent Children (AFDC) program is essential in evaluating the ...