Digital Commons Network^™

Liability Of Suppliers Of Natural Raw Materials And The Restatement (Third) Of Torts: Products Liability- A First Step Toward Sound Public Policy, M. Stuart Madden

University of Michigan Journal of Law Reform

From its inception, the law governing liability for damage or injuries caused by defective products has pertained to potential liability for products that have been processed, finished, or fabricated. Naturally occurring raw materials, for the most part, have been considered beyond doctrinal concern, largely because characterizing a merchantable raw material, such as copper or pigiron, as defective is conceptually difficult. Nevertheless, certain doctrines that developed for the application of products liability to other products have gained sporadic application to naturally occurring raw materials, including the sophisticated purchaser defense, the bulk supplier defense, and the ingredient supplier defense. Madden argues that …

Statutory Compliance And Tort Liability: Examining The Strongest Case, Michael D. Green

University of Michigan Journal of Law Reform

Professor Green addresses the matter of the proper balance between the tort system and regulation in the context of prescription drugs and the FDA's vigorous oversight of the industry. He articulates several reasons why a regulatory compliance defense, in which tort law would defer to FDA regulation, is quite attractive. Despite the superior expertise of the FDA in assessing the benefits and risks of a drug, a regulatory compliance defense is considerably more problematical than might appear at first glance. Ascertaining compliance with FDA requirements could be a lengthy and complicated inquiry that would either replace or supplement the issues …

Pomobabble: Postmodern Newspeak And Constitutional "Meaning" For The Uninitiated, Dennis W. Arrow

Michigan Law Review

A parody of postmodern writing.

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Michigan Law Review

For decades, sociologists have employed the concept of social norms to explain how society shapes individual behavior. In recent years, economists and rational choice theorists in philosophy and political science have started to use individual behavior to explain the origin and function of norms. For many in this group, the focus of study is the interaction of law and norms, of formal and informal rules. Exemplified by Robert Ellickson's Order Without Law, this literature uses norms to develop more robust explanations of behavior and to predict more accurately the effect of legal rules. Norms turn out to matter in legal …

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School graduates accept clerkships throughout U.S.; The place where the world meets; Hong Kong - the future here is an adventure to be lived; One in a million; Campaign progress repon; Endowments aid students, battle rising costs; Class notes; In memoriam

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Hammer, students get caught in Cambodian coup; A long nights journey into day; Activities; The (helpful) long arm of the law; Visiting faculty lend variety of perspectives; Ronald Mann joins Law School faculty; Faculty publications

Recent Books, Michigan Law Review

Michigan Law Review

Books recently received by the Michigan Law Review.

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld

Michigan Law Review

Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …

Index, Michigan Law Review

Michigan Law Review

No abstract provided.

Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan

Michigan Law Review

The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Johnson: 'I will be guided by students' needs'; Constitution-making in South Africa; Bridging ethics and alternative dispute resolution; Faculty approve statement of educational policy; A progress report on clinical programs; Affirmative action looms large under the magnifying glass; Former prosecutor, defense attorney join forces; Whose wetland is it anyway?; Graduation is a family affair; Bates winners work in three regions of the world; Jessup team wins regional competition.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Reunion participants can help shape international legal education; Roger Wilkens, '56: 'I want to talk about citizenship'; Leadership:alumnae share experiences, insights; Eight Law School graduates among Detroit area's 'Most Influential Women'; Two generations of Kings; 'A remarkable constitution'; Campaign progress report; An excerpt - by Victor Rabinowitz, '34; LEAP bridges the gap; Legal Services finds help outside of Washington; Mary Frances Berry,'70. delivers U-M's MLK Day keynote address; Two Law School grads receive honorary U-M degress; Class Notes; In memoriam.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Miller dissects digust; Reimann examines American law, earns honors for earlier book; Faculty members honor two new casebooks; Activities; Debate topics: physician-assisted suicide and Miranda; Physcian-assisted suicide: a postmortem; White, Ponoroff win teaching awards.

Ru 486 Examined: Impact Of A New Technology On An 0 Id Controversy, Gwendolyn Prothro

University of Michigan Journal of Law Reform

Abortion is an extremely divisive issue in American politics and culture. Prothro begins this Article by analyzing the current legal standards governing reproduction, which draw a sharp distinction between abortion and contraception. Prothro then examines the function of RU 486, demonstrating that it acts both as a contraceptive and as an abortifacient. Because of this dual capacity, RU 486 does not fit neatly into the current legal framework. Prothro concludes this Article by arguing that RU 486 should force the Supreme Court to create a new framework for the "procreative right." Prothro argues that this new framework should treat the …

The New "Pick-Your-Own" Statutes: Delineating Limited Immunity From Tort Liability, Terence J. Centner

University of Michigan Journal of Law Reform

Over the past several years, state legislatures have been asked to provide immunity from liability for members of certain interest groups including providers of horses, risky sport activities, and "pick-your-own" produce. This Article reports on statutory provisions providing tort immunity for producers who allow the public to come onto their property to harvest crops. Provisions allowing profit-making businesses to qualify for tort immunity are not new, but the expansion to cover pick-your-own operators signifies a significant policy change regarding personal liability. The pick-your-own provisions may indicate a policy shift imposing greater responsibility for persons engaging in activities to use care …

Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster

Michigan Telecommunications & Technology Law Review

National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …

Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg

University of Michigan Journal of Law Reform

Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …

The Immovable Object Versus The Irresistable Force: Rethinking The Relationship Between Secured Credit And Bankruptcy Policy, Lawrence Ponoroff, F. Stephen Knippenberg

Michigan Law Review

The last leaf in O. Henry's classic short story was hanging by a delicate thread, but it never fell. It never fell, of course, because it wasn't real; Old Behrman had painted it (and caught pneumonia for his trouble) in order to give Johnsy the will to live. The Supreme Court's decision in Dewsnup v. Timm is also hanging by a thread, following a barrage of scholarly criticism and more than four years of limiting case law and legislative incursions on the case's core conceptual rationale. But the holding in Dewsnup, unlike the last leaf, is very real. It has …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Corporations, Criminal Law And The Color Of Money, Joseph Vining

Law Quadrangle (formerly Law Quad Notes)

Criminal law and its consequences influence corporate decision making

This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that …

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Building a legal system in the land of the "Killing Fields"; Law School externs study, help build a new South Africa; honors come home from first foray into trial competition; message to graduates: "Lets testify with our lives"; symposium, banquet mark 20th Anniversary of Juan Tiendas legacy; Law Schools new Poverty Law Program will reach out across Michigan; Litigation: just one choice among many; two from Law School win Skadden Fellowships; entering class standards high; meet some members of the Class of 1999

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Jerold Israel: Colleague, friend, teacher; Professor John Reed: students keep your teaching fresh; Whitman replaces Syverud as associate dean; visiting and adjunct faculty broaden study offerings; Law School faculty add to MLS annual meeting; Justice Department honors Kauper for antitrust move against AT&T; a "particularly fitting" time to honor Don Duquette; U.S. Supreme Court draws on faculty work; activities

Special Feature, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Welcome back, Mr. President; Universitys presidential search process prevented candid exchange

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School alumni win State Bars Champions of justice award; an insiders helping hand in the scramble for a judicial clerkship; who can stay in the race with technology?; International Reunion offers "rich mix" of activities; Irene R. Cortes, LL.M. '56, S.J.D. '66, dies in Philippines; a tribute to Michigan Supreme Court Judge Charles Levin, JD. '4 7; Alumni reunions; three presidents = one John Feikens appointment; physicians must be healers, alumnus tells U.S. Supreme Court; Richard W Pogue, JD. '53: Cleveland is a place to celebrate; from Law School to Congress: Harold E. Ford, Jr., JD. '96; class notes

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The Unwelcome Judicial Obligation To Respect Politics In Racial Gerrymandering Remedies, Jeffrey L. Fisher

Michigan Law Review

Like it or not, the attack on "bizarrely" shaped majority-minority electoral districts is now firmly underway. Nearly four years have passed since the Supreme Court first announced in Shaw v. Reno that a state's redistricting plan that is "so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting" may violate the Equal Protection Clause. Such a district, the Court held, reinforces racial stereotypes, carries us further from the goal of a political system in which race no longer matters, and "threatens to undermine our system of …

Critical Race Praxis: Race Theory And Political Lawyering Practice In Post-Civil Rights America, Eric K. Yamamoto

Michigan Law Review

At the end of the twentieth century, the legal status of Chinese Americans in San Francisco's public schools turns on a requested judicial finding that a desegregation order originally designed to dismantle a system subordinating nonwhites now invidiously discriminates against Chinese Americans. Brian Ho, Patrick Wong, and Hilary Chen, plaintiffs in Ho v. San Francisco Unified School District, represent "all [16,000] children of Chinese descent" eligible to attend San Francisco's public schools. Their high-profile suit, filed by small-firm attorneys, challenges the validity of a 1983 judicial consent decree desegregating San Francisco's schools. Approved in response to an NAACP class action …

Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado

Michigan Law Review

Professor! You're back! Rodrigo leaped to his feet and shook my hand fervently. "I heard a rumor you might be coming. What good news! Sit down. Did the authorities give you any trouble?"

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …