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Articles 31 - 60 of 251

Full-Text Articles in Law

Why I Do Law Reform, Lawrence W. Waggoner Jan 2012

Why I Do Law Reform, Lawrence W. Waggoner

Articles

In this Article, Professor Waggoner, newly retired, provides a retrospective on his career in law reform. He was inspired to write the Article by a number of articles by law professors explaining why they write. He contrasts law-reform work with law-review writing, pointing out that the work product of a law-reform reporter is directed to duly constituted law-making authorities. He notes that before getting into the law-reform business, he had authored or co-authored law review articles that advocated reform, but he also notes that those articles did not move the law a whit. The articles did, however, lead to his ...


Craig Callen: Tributes From The Evidence Community, Richard D. Friedman Dec 2011

Craig Callen: Tributes From The Evidence Community, Richard D. Friedman

Articles

At the wonderful memorial service for Craig Callen held at MSU shortly after his death in April, I had the honor, by reason of proximity, to appear in effect as the representative of nationwide, and even worldwide, community of scholars that has felt his death very deeply. I am grateful for the opportunity to perform this same function in print.


Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow Apr 2011

Beating The Bluebook Blues: A Response To Judge Posner, Stephen M. Darrow, Jonathan J. Darrow

Michigan Law Review First Impressions

Judge Richard A. Posner's recent critique (The Bluebook Blues) of the maddening hypertrophy of The Bluebook is surely a refreshing voice of sanity for the multitudes of law students and legal professionals who have had occasion to consult it. Even at Harvard Law School, the home of its founding institutional sponsor, The Bluebook's labyrinthine rules annually aggravate a fresh crop of otherwise remarkably stoic future lawyers. But while many of Posner's observations regarding The Bluebook are astute, we posit that both form and uniformity are important for citations, and we suggest citation-formatting software as a means of ...


Narco-Analysis And The Shifting Paradigms Of Article 20(3): A Comment On Selvi V. State Of Karnataka, Anjaneya Das Mar 2011

Narco-Analysis And The Shifting Paradigms Of Article 20(3): A Comment On Selvi V. State Of Karnataka, Anjaneya Das

Anjaneya Das

No abstract provided.


The Corporate Governance Of Iconic Executives, Tom C. W. Lin Jan 2011

The Corporate Governance Of Iconic Executives, Tom C. W. Lin

Tom C. W. Lin

This essay explores the special corporate governance challenges posed by iconic executives. Iconic executives are complex, bittersweet figures in corporate governance narratives. They are alluring, larger-than-life corporate figures who often govern freely. Iconic executives frequently rule like monarchs over their firms, offering lofty promises to shareholders, directors, and managers under their reign. But like many stories of powerful and influential figures, the narratives of iconic executives also contain adversity and danger. Part of the acquiescence and enchantment with such figures is rooted in the virtuous promises embodied by their presence, promises of unity, accountability, and effectiveness in corporate governance. Unfortunately ...


Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany Jan 2011

Paper Tigers: Rethinking The Relationship Between Copyright And Scholarly Publishing, Alissa Centivany

Michigan Telecommunications & Technology Law Review

Discontent is growing in academia over the practices of the proprietary scholarly publishing industry. Scholars and universities criticize the expensive subscription fees, restrictive access policies, and copyright assignment requirements of many journals. These practices seem fundamentally unfair given that the industries' two main inputs-articles and peer-review-are provided to it free of charge. Furthermore, while many publishers continue to enjoy substantial profit margins, many elite university libraries have been forced to triage their collections, choosing between purchasing monographs or subscribing to journals, or in some cases, doing away with "non-essential" materials altogether. The situation is even more dire for non-elite schools ...


University Of Michigan Law School Faculty, 2011-2012, University Of Michigan Law School Jan 2011

University Of Michigan Law School Faculty, 2011-2012, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez Dec 2010

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.


Publications, Michele Faioli Aug 2010

Publications, Michele Faioli

Michele Faioli

No abstract provided.


Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski Jan 2010

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper ...


University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School Jan 2010

University Of Michigan Law School Faculty, 2010-2011, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst Jan 2010

Setting The Stage: A Quick Glance Back At The Journal's History, Julia L. Ernst

Michigan Journal of Gender & Law

This symposium, organized by the Michigan Journal of Gender & Law, explored several cutting-edge topics related to its over-arching theme, "Rhetoric & Relevance: An Investigation into the Present and Future of Feminist Legal Theory." When the journal editors invited me to provide a few opening remarks, they informed me that: the goal of this symposium is to have a series of discussions about current happenings in the field of feminist legal scholarship, so that we may start to answer the question, "What's next?" These discussions will take place in the form of panels that focus on particular areas of the law ...


Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson Sep 2009

Flexible Work Arrangements: Improving Job Quality And Workforce Stability For Low-Wage Workers And Their Employers, Jessica Glenn, Liz Watson

Published Reports

In 2009, workers and their families across the country felt the impact of serious economic downturn, with unemployment reaching a 26-year high. While recent news suggests things may be improving, we cannot forget that for many low-wage and hourly workers -- who now represent over a quarter of the U.S. workforce -- the recession only exacerbated their ongoing struggle to hold down quality jobs while caring for their families.

Low-wage workers face many of the same challenges that the rest of us face in reconciling our work, family and personal lives, but for many of these workers, it's simply a ...


Gay And Transgender Rights In India: Naz Foundation V. Government Of Nct Of Delhi, Anjaneya Das Jan 2009

Gay And Transgender Rights In India: Naz Foundation V. Government Of Nct Of Delhi, Anjaneya Das

Anjaneya Das

Section 377 of the Indian Penal Code, a figment of colonial creation, has criminalised ‘unnatural sexual acts’ since its application as law in 1862. Homosexuality falls within such acts and may attract punitive measures. In the previous century, legislatures and judiciaries across the globe have upheld laws criminalising homosexuality and transgender behaviour, justifying them on grounds of public decency and morality. With the advent of the contemporary epoch, the movement against the repressive and oppressive nature of Section 377 grew exponentially and reached its culmination in Naz Foundation v. Government of NCT of Delhi, wherein the Delhi High Court recognized ...


University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School Jan 2009

University Of Michigan Law School Faculty, 2009-2010, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


John Henry Wigmore, Richard D. Friedman Jan 2009

John Henry Wigmore, Richard D. Friedman

Book Chapters

Wigmore, John Henry (1863-1943). Law professor and dean. Wigmore was born and reared in San Francisco. His parents were both immigrants, his mother from England and his father, of English heritage, from Ireland. Harry, as he was known familiarly, was the oldest and most favored of his extraordinarily doting mother's seven children. The family was prosperous - his father had an importing business - and Harry was educated principally in private schools. He then attended Harvard College, prompting the mother to move the family to Massachusetts to be close to him. After graduating in 1883, he spent a brief interlude in ...


Sovereignty, Law And The State Of Exception: Analysing Agamben In The Indian Context, Aditya Swarup Jul 2008

Sovereignty, Law And The State Of Exception: Analysing Agamben In The Indian Context, Aditya Swarup

Aditya Swarup

No abstract provided.


Grievance Settlement Authorities: Emerging Trends, Aditya Swarup May 2008

Grievance Settlement Authorities: Emerging Trends, Aditya Swarup

Aditya Swarup

No abstract provided.


Constitutional Validity Of Restitution Of Conjugal Rights: Scope And Relevance, Aditya Swarup Mar 2008

Constitutional Validity Of Restitution Of Conjugal Rights: Scope And Relevance, Aditya Swarup

Aditya Swarup

No abstract provided.


University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School Jan 2008

University Of Michigan Law School Faculty, 08/09, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown Jan 2008

Tactics And Terms In The Negotiation Of Electronic Resource Licenses, Kincaid C. Brown

Law Librarian Scholarship

This chapter introduces the reader to the realm of electronic resource license agreements. It provides the reader with an overview of basic contract law as it relates to electronic resource licensing. The chapter then discusses the electronic resource license negotiation process as well as license agreement term clauses. The aim of this chapter is to provide librarians with an understanding of basic licensing concepts and language in order to aid librarians in the review and negotiation of their own license agreements. The author hopes to impart lessons and tips he has learned in reviewing and negotiating license agreements with a ...


A Guide To Searching Cyberspace Law Online, Jennifer L. Selby Jan 2008

A Guide To Searching Cyberspace Law Online, Jennifer L. Selby

Law Librarian Scholarship

Cyberspace law is an umbrella term that touches on and encompasses many different areas of the law, including Internet, intellectual property, cybercrime, e-commerce, and privacy, among others. Cyberspace law includes aspects of United States law, in addition to foreign, comparative, and international law.1 Today, legal researchers in cyberspace law can enhance their search capabilities with web-based resources, including primary and secondary materials. Many of the resources discussed here are available freely on the Internet. For those resources that are licensed and networked, researchers may access them only at subscribing law libraries, and not remotely.2


The Value Of Year Books Of International Law, James C. Hathaway Jan 2008

The Value Of Year Books Of International Law, James C. Hathaway

Articles

Is there still a place for a 'Yearbook' of International Law? Viewed as no more than an annually published volume of scholarship, one would surely answer in the negative. There is no shortage of excellent law journals, including journals focused on international and comparative law. It is thus doubtful that any quality article published in a yearbook would have failed to find a good home elsewhere. With even relatively obscure law journals readily available in electronic form at minimal cost and with maximum ease, the case for a yearbook is surely weak if predicated simply on the importance of disseminating ...


State Sponsored Armed Conflict: The Salwa Judum And The State Of Chattisgarh, Aditya Swarup Oct 2007

State Sponsored Armed Conflict: The Salwa Judum And The State Of Chattisgarh, Aditya Swarup

Aditya Swarup

No abstract provided.


Terrorism And The Rule Of Law: A Case Comment On Kartar Singh V. State Of Punjab, Aditya Swarup Sep 2007

Terrorism And The Rule Of Law: A Case Comment On Kartar Singh V. State Of Punjab, Aditya Swarup

Aditya Swarup

No abstract provided.


Socialism And The New Economic Order: Constitutional Perspectives, Aditya Swarup Sep 2007

Socialism And The New Economic Order: Constitutional Perspectives, Aditya Swarup

Aditya Swarup

No abstract provided.


University Of Michigan Law School Faculty, 07/08, University Of Michigan Law School Jan 2007

University Of Michigan Law School Faculty, 07/08, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Class Gifts Under The Restatement (Third) Of Property, Lawrence W. Waggoner Jan 2007

Class Gifts Under The Restatement (Third) Of Property, Lawrence W. Waggoner

Articles

The new Restatement (Third) of Property (officially the Restatement (Third) of Property: Wills and Other Donative Transfers), in tandem with the Restatement (Third) of Trusts, is systematically proceeding through the whole field of wills, will substitutes, trusts, and estates. Both of the new Restatements should prove to be handy resources for trust and estate lawyers, not only in preparing to argue cases at both trial and appellate levels, but also in the everyday work of drafting and construing dispositive provisions in wills, trusts, and other types of donative documents. Each Restatement section is followed by a set of Comments explaining ...


University Of Michigan Law School Faculty, 06/07, University Of Michigan Law School Jan 2006

University Of Michigan Law School Faculty, 06/07, University Of Michigan Law School

Miscellaneous Law School Publications

Biographies of the University of Michigan Law School faculty.


Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai Jan 2006

Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai

Articles

This Article discusses data sharing in California's stem cell initiative against the background of other data sharing efforts and in light of the competing interests that CIRM is directed to balance. We begin by considering how IP law affects data sharing. We then assess the strategic considerations that guide the IP and data policies and strategies of federal, state, and private research sponsors. With this background, we discuss four specific sets of issues that public sponsors of data-rich research, including CIRM, are likely to confront: (1) how to motivate researchers to contribute data; (2) who should have access to ...