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Articles 1 - 12 of 12
Full-Text Articles in Evidence
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
The Self-Critical Analysis Privilege And Discovery Of Affirmative Action Plans In Title Vii Suits, Michigan Law Review
Michigan Law Review
This Note argues that plaintiffs should have access to affirmative action plans in discovery. Part I describes the "self-critical analysis" or "self-evaluative" privilege that employers have advanced to block discovery of such plans. Part II examines the conflicting interests of society, employers and employees in allowing or denying discovery. Part III evaluates the application of a self-critical analysis privilege in light of these conflicting interests and concludes that the privilege should not be applied to affirmative action plans.
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
Michigan Law Review
A Review of Statistical Proof of Discrimination by David Baldus and James Cole
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Rights Of Persons Compelled To Appear In Federal Agency Investigational Hearings, David C. Murchison
Michigan Law Review
By statutes designed to protect the public interest, many federal administrative agencies-such as the Interstate Commerce Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Federal Trade Commission, and the Civil Aeronautics Board-are granted authority to conduct investigations dealing with substantive matters committed to their respective jurisdictions. In an increasing number of instances, these agencies are empowered to utilize compulsory process; persons may be ordered to appear and give testimony or to produce documents in so-called investigational hearings, subject to criminal sanctions for noncompliance. The use of investigational hearings by these agencies as an ancillary law enforcement tool …
Evidence-The Unchastity Of A Female Witness As A Ground For Impeaching Her Veracity
Evidence-The Unchastity Of A Female Witness As A Ground For Impeaching Her Veracity
Michigan Law Review
The underlying question which we propose to consider is this: Has the trait of chastity any such definite correlation with that of veracity that courts are justified in using the former as a criterion of the latter? It must be apparent from even a brief survey of the decisions in this field, and the reasons given therefor, that on this question the courts are swayed far more than ordinarily by their emotional reactions. Buttressed with sentiments that cannot fail to stir the heart of the male in any monogamous community and riveted with references to religion as well as the …
Criminal Law And Procedure - Evidence - Presumptions
Criminal Law And Procedure - Evidence - Presumptions
Michigan Law Review
The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …
Recent Important Decisions
Michigan Law Review
Attachment - Property in Custodia Legis; Bankruptcy - Promise After Adjudication to Pay Dischargeable Debt; Bills and Notes - Provision for Extension of Time of Payment; Bills and Notes - Transfer as Collateral for Pre-Existing Debt; Carriers - Ticket Not Conclusive Evidence of Contract of Carriage; Constitutional Law - Race Discrimination in Selection of Jury; Corporations - Rights of Pledgor of Stock; Courts - English the Official Language of the Phillippines; Evidence - Declarations as to Pedigree; Evidence - Expert Testimony; Husband and Wife - Power of Husband to Dispose of his Personalty by Gift Causa Mortis; Insurance - Liability …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Appearance--appeal from Action in Rem as General Appearance; Bankruptcy--Suit by Trustee--Right to Trial by Jury; Bills and Notes--Draft by Agent on Principal--Necessity of Acceptance; Carriers--Merchandise as Baggage--Notice; Constitutional Law--Impairing Obligation of Contract--Clause of Insurance Contract Limiting the Time in Which to Bring Action; Constitutional Law--Invalidating Existing Contracts for Free Transportation; Contracts--Mutual Promises--Independent or Conditional; Courts--Supreme Court--Jurisdiction--Mandamus to Compel Entry of Judgment by Lower Court; Eminent Domain--Damages; Evidence--Confession of an Alleged Accomplice; Evidence--Statutes--Enrolled bill as Evidence; Homestead--Does Joinder of Wife to Release Dower Bar Her Homestead Right?; Insurance--Increase of Hazard; Libel and slander--Absolute Privilege--Judicial Proceedings; Parent and Child--May Parent Authorize Agent …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Surety's Rights to Subrogation--Preferred Claim; Bills and Notes--Negotiability--Effect of Words "Not Transferable" Added to Negotiable Note; Bills and Notes--Transfer of Note by Indorsement--What Law Governs the Indorser's Contract; Boundaries--Private Way--Title to Fee--Presumption; Civil Rights--Equal Privileges--Place of Amusement--Advertising Material; Constitutional Law--Inequality--classification--Child Labor; Constitutional Law--Limitations on the Taxing Power--Convict-Made Goods--Equal Protection of Laws; Contracts--Real Estate Brokers--Oral Authorization for Sale of Land--Commissions; Criminal Law--Post Office--Fraudulent Use of Mails; Damages--Measure of, in Case of Wrongful Death; Damages--Mitigation of, in Action for Personal Injuries--Duty to Submit to Medical Operation; Deed of Standing Timber--Time of Removal; Divorce--Extent of Relief--Absolute Divorce; Divorce--Vacation of Decree--Perjured Testimony; Evidence--Offer to …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Jurisdiction--Appointment of Referee; Carriers--Liability for Baggage--Proximate Cause; Constitutional Law--Impairing Obligation of Contract; Constitutional Law--Police Power--Regulation of Liquor Traffic; Contract of Sale--Written Contract--Alteration by Parol; Corporations--Existence Apart from Stockholders--Corporation Composed of Negroes Not a "Colored" Person; Corporations--Transfer of Shares--Bona Fide Purchasers--Estoppel; Damages--Measure for Wrongful Levy and Detention; Deeds--Distinguished from Wills--Power of Disposition Reserved; Deeds--Reservation of Right of Action for Damages--Liability of Subsequent Vendee; Descent and Distribution--Murderer's Right to Take His Statutory Share of His Victim's Estate; Divorce--Abandonment--Insanity of Deserting Spouse; Easements--Construction--Automobiles as Carriages; Elections--Irregularities in Ballots; Evidence--Admissions of a Trustee Against the Cestui Que Trust; Evidence--Judicial Notice of Foreign Law; Homestead--Mortgage …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Unnecessary Services--Compensation; Bankruptcy--Title to Bankrupt's Property; Banks and Banking--Checks--Appropriation of Deposit--Garnishment; Chattel Mortgages--Retention of Possession and Power of Sale by Mortgagor--Fraud; Civil Rights--Power of Congress to Protect Against Individual Interference; Common Carriers--Limitation of Liability--Agreed Valuation; Constitutional Law--Delegation of Legislative Power--Regulations of Executive Departments; Constitutional Law--Regulation of Child Labor; Contracts--Mutuality--Consideration; Contracts--Restraint of Trade; Corporations--Misuse of Funds--Right of Stockholder to Sue; Corporations--Preferred Stock--Priorities--Cumulative Dividends; Covenants--Knowledge by the Grantee of Incumbrance; Criminal Law--conviction of Lesser Offense as Acquittal of Graver Offense--Former Jeopardy--Remanding Cause for Sentence; Damages--Mental Anguish--Undelivered Telegram; Deeds--Exceptions--Reservations--Abandonment of Right of Way--Reversion--Effect; Eminent Domain--Cemeteries; Evidence--Privileged Communications--Attorney and Client; Evidence--Res Gestae--Spontaneous …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Banks, National--Stockholders' Liability--Statute of Limitations; Bills and Notes--Indorsements Procured by Fraud; Carriers--Drover's pass--Release from Liability; Carriers--Unreasonable Freight Rates--Interstate Commerce Act--Common Law Remedy; Chattel Mortgages--Failure to Record--Mortgagor in Possession--Estoppel; Connecting Carriers--Loss of Goods--Liability; Constitutional Law--Civil Rights--Discrimination in Licenses; Constitutional Law--Eight Hour Law--Police Power--Health Regulations; Corporations--Duplicate Stock Certificate--Indemnity; Corporations--Subscription to Stock--Liability of Subscriber; Equity--Specific Performance--Contract to Make Will; Evidence--Physicians of conflicting Schools--Competency as Witnesses; Evidence--Radiograph--X-ray; Garnishment--One Railroad as Debtor of Another; Husband and Wife--Application of Doctrine of Tenancy by Entireties to Personality; Husband and Wife--Indebtedness to Wife--Notes--Presumption of Payment; Judgment--Default--appearance; Libel--Publishing of a White Man that He is "Colored"; Master and Servant--Concurrent …