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Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

• Searching out The Mystery of Courage
• Un-blurring the borders between judicial and policy debate
• Professorships honor distinguished faculty

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

• Jochen Frowein, M.C.L. '58,p lays pivotal role in Austrian sanctions issue
• Hirshon: 'His face told me everything I really needed to know'
• Graduates offer directions on the road to clerkship

Secondary Legal Sources: A Selected Subject Bibliography Of Treatises, Looseleaf Services And Form Books Seventh Edition, Thomas G. Oatmen

Law Library Publications

This bibliography, now in its seventh edition, is a subject arrangement of selected English language treatises, looseleaf services and form books in the University of Michigan Law Library, current through 2001.

The goal of the bibliography is to list books that provide a starting point for legal research in major areas of American law. It includes only works published since 1990 or those kept current via looseleaf or other supplementation. Books that are kept up-to-date by some sort of supplementation are indicated by a hyphen following the publication date, e.g., "1949-". The bibliography excludes casebooks, journals, popular works and encyclopedias. …

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …

The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia

Articles

The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.

Essay: Recent Trends In American Legal Education, Paul D. Reingold

Articles

An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …

Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

The case against affirmative action in admissions to institutions of higher education is based on the moral attractiveness of colorblind decision making and buttressed by a sense that such programs are not just unfair but pointless. Their intended beneficiaries, the argument goes, are put in situations in which they are unable to compete with whites and not only perform poorly but are destructively demoralized in the process. Common to arguments against affirmative action in admissions is a belief that minorities advantaged by it displace whites who are more deserving of admission because they have accomplished more, can better benefit from …

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Vining marks 'time' at Cambridge; Herzog named Edson R. Sunderland Professor of Law; Heller/Krier article voted among year's best.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School's European graduates gather at Heidelberg; Robert A. Fisher, '49, receives U-M Distinguished Alumni Service Award; Hometown organizations honor Bullen, '54.

Vol. 51, No. 2, September 26, 2000, University Of Michigan Law School

Res Gestae

•Ralph Nader Speaks at Michigan Theater •Senate Sightings •Test Your Interview Prowess •Pants-Wearing Women of All Countries, Unite! •The Insider •An Unolympian Olympics •The Young and the Reckless •For What It's Worth

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Hirson, '73, will head American Bar Association; Mary Kay Kane, '71, named president-elect of AALS; Mittleman, '79: Courts should provide 'reasoned explanations'

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Student funded fellowships auction sets new record; Baum, '89, Johnson, '88, named assistant deans; Trial of admissions suit delayed until January 2001

Zen And The Art Of Jursiprudence, Matthew K. Roskoski

Michigan Law Review

Lawyer bashing is by no means a remarkable phenomenon. It was not remarkable when Shakespeare wrote, "[t]he first thing we do, let's kill all the lawyers," and it's not remarkable today. Paul Campos, however, has written a particularly readable example, blending venerable Western lawyer-bashing and pop psychology with unsystematic invocations of Eastern religion. Jurismania is named after Campos's theory that the American legal system has a lot in common with a person suffering from an obsessive-compulsive disorder, an addiction to law that does neither the patient nor those around him much good. In Jurismania, Campos criticizes our insistence on regulating …

Because We Love You, Rosemary B. Quigley

Michigan Law Review

I remember the impotence I felt on the eve of the Gulf War in January 1991. No one could have known at that moment what a brief conflict it would be. We had every reason to believe that the Middle East would be hurled into turmoil. And if protracted war ensued, a draft would surely follow. I watched my college boyfriend sink into despair, with the help of a Bob Mould CD, at the prospect of being called to give his life for his country. I remained uncharacteristically mute. In the face of this battle, our positions were too unequal …

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Faculty members' work draws U.S. Supreme Court notice; New fund supports professors' research, writing; American legal education through the Japanese prism.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Reporting from the future; A transatlantic seminar; Class of 2002: Around the world

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School graduates steer State Bar's access to Justice efforts; Brashares, '64, scores of the 'Top Wins'; Alumni reunion Europe 2000 full steam ahead

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

University of Michigan Journal of Law Reform

The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …

The Price Of Law: How The Market For Lawyers Distorts The Justice System, Gillian K. Hadfield

Michigan Law Review

Bill Clinton's legal bills in connection with the Lewinsky scandal topped $10 million; the bill for Ken Starr's investigation of the President exceeded $50 million. The cost to the eight families portrayed in the bestseller A Civil Action for their tort suit against a manufacturing company accused of dumping hazardous chemicals into the water supply was $4.8 million (paid from a settlement of about $8 million); the cost for the defense exceeded $7 million. Lawyers who represented the three states in the nationwide suit by state attorneys general against tobacco companies to recoup smoking-related health care costs were awarded $8.2 …

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Law Quadrangle (formerly Law Quad Notes)

The following article is based on "Deterrence and Distribution in the Law of Takings," 112 Harvard Law Review 997-1025 (March 1999), © 1999 by the Harvard Law Review Association, and appears here by permission. A complete version, with citations, is available from the authors or the editor of Law Quadrangle Notes.

The law of takings couples together matters that should be treated independently. Whatever the boundaries of the the Takings Clause, we think there is much to be gained by analyzing takings in terms of the clause's underlying purposes, and by understanding that efficiency and justice are best served by …

Professional Responsibility, Nicholas Rine, Ly U. Meng

Books

The study of professional responsibility is, of course, critical to those who wish to practice as lawyers. Without a clear understanding of the expectations of the profession, no lawyer will function effectively. Beyond that simple practical need, however, new lawyers need to have a realistic perspective on the competence and the limitations of their profession.

But the study of legal ethics is a valuable undertaking even for those who have no intention of becoming lawyers. Many people see the legal system as a mysterious set of rituals which make little sense. (And that perspective is not completely unrealistic.) For any …

Breaking Into The Academy: The 2000-2002 Michigan Journal Of Race & Law Guide For Aspiring Law Professors, Gabriel J. Chin, Denise C. Morgan

Michigan Journal of Race and Law

Once you have set your sights upon a career in law teaching you must determine how best to position yourself to obtain a job in the field. The answer is to write, publish, and otherwise bolster your credentials. Write as many papers with as many of your law school professors as you can; write onto a journal and have your article published; work as a research assistant for a professor and write with him or her; work for a judge and write bench memos and draft opinions; work for a public interest organization or a law firm and publish scholarship …

Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …

Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock

Articles

All lawyers' codes of professional ethics in the United States expect members of the bar to perform legal services for low-income persons. In practice, as we all know, many lawyers perform a great deal of such service while others do little or none. By much the same token, the accreditation rules of the American Bar Association urge all law schools to provide students with opportunities to do pro bono legal work; by much the same token, some schools in the United States have extensive programs for their students but many do not. In 1998, the Association of American Law Schools …

Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin

Articles

There are several obstacles to training and supporting pediatric lawyers. Children are a relatively new group of clients and law schools have not traditionally provided pediatric training. The required training is particularly challenging to deliver because it is inherently interdisciplinary, requiring faculty and students to look outside of the law school to obtain necessary knowledge. The greatest obstacle to developing the careers of pediatric lawyers is the low pay and low prestige typically afforded children's lawyers. As a result, law students reasonably question the likelihood of developing a successful career in the field. The number of available jobs is limited …

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

European reunion set for June in Heidelberg; Susan Esserman, '74, named U.S. deputy trade representative; Three graduates elected Fellows of the American Bar Foundation; Clerkships add building blocks to legal careers; Class Notes; In memoriam.

A Call To The Legal Profession, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

President Clinton, in a program that Dean Jeffrey S. Lehman, '81, helped to plan, uses the anniversary of John F. Kennedy's "Call" to the country's lawyers to champion civil rights to urge a renewed commitment by the legal profession to diversity and service. Related Stories reflect the Law School's involvement in furthering the President's goals.