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Full-Text Articles in Legal Writing and Research

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin Sep 2016

Can Prostitution Law Reform Curb Sex Trafficking? Theory And Evidence On Scale Substitution, And Replacement Effects, Simon Hedlin

University of Michigan Journal of Law Reform

Sex trafficking, a pervasive problem in many parts of the world, has become increasingly salient to policymakers and the general public. Activists, politicians, and scholars continue to engage in debates about how best to curb it. This Article discusses one especially contentious dimension of these debates: does banning prostitution reduce sex trafficking? Or is legalizing prostitution the optimal approach? Or is there a third, better way? Proceeding both theoretically and empirically, this Article seeks to cast light on the relationship between different types of prostitution laws and the prevalence of sex trafficking and human trafficking. It attempts to make three …


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 …


Legislative Intent And Legislative History In Michigan, Kincaid C. Brown Jan 2011

Legislative Intent And Legislative History In Michigan, Kincaid C. Brown

Law Librarian Scholarship

Determining legislative intent is one of the key roles that the judicial system plays in Michigan, and legislative history can be a useful tool for evaluating the intent of the legislature when enacting a law. However, legislative history resources can be difficult to gather and some resources may not be persuasive in Michigan courts. This article provides a brief description of the Michigan legislative process, the court’s view of using legislative history to determine legislative intent, and a list of Michigan legislative history resources.


God Vs. The Gavel: A Brief Rejoinder, Douglas Laycock May 2007

God Vs. The Gavel: A Brief Rejoinder, Douglas Laycock

Michigan Law Review

I recently reviewed God vs. the Gavel by Professor Marci Hamilton, and she published a brief response. My review briefly summarized the book and then made three principal points, addressing Hamilton's institutional competence thesis, her "no-harm" principle, and the remarkable number of legal and factual errors in the book. In this reply, I will review each of these points in turn.


Apology Within A Moral Dialectic: A Reply To Professor Robbennolt, Lee Taft Jan 2005

Apology Within A Moral Dialectic: A Reply To Professor Robbennolt, Lee Taft

Michigan Law Review

Over the last several years, much has been written about the role of apology in facilitating the resolution of legal disputes. Within this body of work a debate has developed among legal scholars, practitioners, and legislators. Under traditional rules of evidence an apology which acknowledged fault would enter evidence as an admission against interest. Now there is a movement to legislatively "protect" apologies from the effects of the traditional rule in order to facilitate apology without evidentiary encumbrance. Scholars who have argued in favor of the relaxation of the traditional rule have largely relied on anecdotal evidence to support their …


Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White Jan 2000

Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White

Articles

Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …


Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon Jan 1994

Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon

Articles

Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …


Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta Jan 1969

Better Organization Of Legal Knowledge, Layman E. Allen, Tomoyuki Ohta

Articles

The increasing need of legislatures to draft complicated statutes, e.g., the Internal Revenue Code, requires the development of new techniques for defining and communicating complicated policies both accurately and understandably. At present, these complicated statutes are expressed in long, convoluted sentences with frequent uses of exceptions and limitations. Current drafting technique, with its inadequacies, often hinders a comprehensive understanding of the policy being communicated and often fails to communicate the policy accurately. Moreover, with the voluminous increase of legal literature in recent times, legal researchers experience increasing difficulty in attempting to retrieve relevant judicial and administrative interpretations. The authors propose …


Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii Jan 1966

Dickerson: The Fundamentals Of Legal Drafting, George P. Smith Ii

Michigan Law Review

A Review of The Fundamentals of Legal Drafting by Reed Dickerson


The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen Jan 1966

The Problem Of Communications In Meeting The Information Requirements Of The Courts, Layman Allen

Book Chapters

My remarks are addressed to one aspect of the general problem of communication involved in meeting the information requirements of the courts. It transcends merely the court; however, it is a problem throughout the legal decision-making system. The efficiency of t:ourts in processing information is just one part of a larger picture of effective communication within the legal system. Phrased broadly, the question involves discerning the optimum man-machine mix in the processing of information. Nobody can reasonably quarrel with the goal of taking the fullest possible advantage of the benefits of emerging technology, as long as objectives of greater importance …


Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr. Dec 1962

Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.

Michigan Law Review

A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.


Murphy: Congress And The Court, Robert B. Mckay Apr 1962

Murphy: Congress And The Court, Robert B. Mckay

Michigan Law Review

A Review of Congress and the Court. By Walter F. Murphy


American Bar Foundation: Model Business Corporation Act Annotated, Norman D. Lattin Jun 1961

American Bar Foundation: Model Business Corporation Act Annotated, Norman D. Lattin

Michigan Law Review

A Review of Model Business Corporation Act Annotated. American Bar Foundation.


Henkin: Arms Control And Inspection In American Law, Eric Stein Apr 1961

Henkin: Arms Control And Inspection In American Law, Eric Stein

Michigan Law Review

A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.


Simes & Taylor: The Improvement Of Conveyancing By Legislation, W. Barton Leach Jun 1960

Simes & Taylor: The Improvement Of Conveyancing By Legislation, W. Barton Leach

Michigan Law Review

A Review of The Improvement of Conveyancing by Legislation. By Lewis M. Simes and Clarence B. Taylor.


Loss & Cowett: Blue Sky Law, Homer D. Crotty Dec 1958

Loss & Cowett: Blue Sky Law, Homer D. Crotty

Michigan Law Review

A Review of Blue Sky Law. By Louis Loss and Edward W. Cowett.


Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi Jan 1958

Guided Tour In A Civil Law Library: Sources And Basic Legal Materials In French Civil And Commercial Law, G. M. Razi

Michigan Law Review

Lawyers everywhere rely upon their books with eagerness and confidence. The larger their libraries, the better equipped they feel to answer the questions of their clients. The composition of an average library differs somewhat in France and in the United States. In this country the law reports, in their familiar, substantial and elegant bindings, are displayed on the prominent shelves, while in Europe, the law reports-often merely paper bound-are relegated to some corner. The front place is reserved for the leather bindings and the gilt letters of the treatises bearing the names of outstanding authors in the various fields of …


Lecht: Experience Under Railway Labor Legislation, Sylvester Petro Apr 1957

Lecht: Experience Under Railway Labor Legislation, Sylvester Petro

Michigan Law Review

A Review of Experience Under Railway Labor Legislation. By Leonard A. Lecht.


Griffith: Congress - Its Contemporary Role, George Meader Jan 1956

Griffith: Congress - Its Contemporary Role, George Meader

Michigan Law Review

A Review of Griffith: Congress - Its Contemporary Role. Second Revised Edition. By Ernest F. Griffith.