Digital Commons Network^™

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Unprecedented recruiting success adds eight new faculty; Eisenberg, Schneider, '79, named to endowed professorships; Chinkin joins ranks of Affiliated Overseas Faculty; Heller, Hills, and Mann named full professors; Fox new director of Center for International and Comparative Law; CALC veteran Melissa Breger, '94, back on familiar turf; Legal Practice Program welcomes three new faculty members; Activities; Visiting faculty - reflections of the many sides of legal careers; U.S. Supreme Court draws on faculty members work; Faculty publications.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Fannie Mae Foundation grants aid Legal Assistance for Urban Communities Clinic; Student efforts help shape state law on legal protection for children; Sharing the Law School's commitment to child advocacy; Charting a way through the 'Internal Protection Alternative'; Law School conferences deepen outlooks, insights; Appeals Court: intervenors can enter suit; University honors Israeli jurist, Law School supporter Aharon Barak; New law students aid area agencies - speakers added to service day; Summer's midday programs head outdoors.

Vol. 50, No.2, September 21, 1999, University Of Michigan Law School

Res Gestae

•Student Senate Elections Next Wednesday & Thursday •The Economist •1L Reflections •What Law Review? •3 Second Memory •Movie Reviews •Gotta Go

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Debating judicial interpretation; Hands on [or] off; Japanese law program thrives with new joint degree, courses, alumni ties; The rich yield of open discussion; Some help for 'Good Samritans; Spencer, Zearfoss, '92, offer counsel at Office of Career Services; Petitioners win Campbell Court Competition; Is technological progress a runaway train?; Should media coverage devote more than 60 Minutes to assisted suicide?; Old ways light new path to justice; Debating domestic violence laws; Today's security threats v. yesterday's rules; First refugee law colloquium unites experts, students; Butch Carpenter weekend features discussions, banquet.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Four from Law School win top fellowships; Women graduates share their strategies for balance, success; From 'dusty books' to writing books; New Zealand Justice Bradley Giles, LL.M. '74; Class Notes; In Memoriam.

Accountable Managed Care: Should We Be Careful What We Wish For?, David A. Hyman

University of Michigan Journal of Law Reform

Managed care is exceedingly unpopular of late. Many people believe that the problem is managed care organizations (MCOs) are unaccountable. Indeed, for many people, the creation of tort-based accountability for MCOs is the touchstone for assessing legislative "reform." The case for tort-based accountability is actually quite complex, and the merits of tort-based accountability cannot be resolved with sound bites and bad anecdotes. Tort-based accountability has both costs and benefits, and little attention has been paid to the extent to which alternatives to tort-based accountability are found in existing institutional arrangements.

This Article systematically considers the extent to which alternatives to …

The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson

University of Michigan Journal of Law Reform

In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Ron Olson, '66, named California's most influential lawyer; Stuart Ho, '63: Hong Kong is China's 'golden egg'; Coming back to the Law Quad; Breck, '57, and Darrow, '48, win Michigan Bar Awards; A tribute to David W. Berlin, '54; At the helm of the National Association of Manufacturers; Scott Hodes, '59, receives Federal Bar Association's top award; Hoffa, '66, at the reins of the Teamsters; Lawmaker Perry Bullard, '70; Edwards, '65: Don't lose your ideas; your time will come; Graduates named to The Best Lawyers in America; Class Notes; In Memoriam.

Features, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Darrow letters shed light on famed attorney's inner most thoughts.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Hammer receives Investigator Award in Health Policy Research; Peering through the smoke; Visiting faculty; Friedman abroad: a voice of America for British viewers; Why did voters reject Michigan's physician-assisted suicide initiative?; New book uses White's work to analyze law and literature movement; Herzog on the stepping stones to democracy; Schneider examines autonomy in medical decision-making; Faculty featured in AALS programs; Activities; Lyon receives Justice for All Award.

Doing Well & Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, 1970 - 1996, David L. Chambers, Richard O. Lempert, Terry K. Adams

Law Quadrangle (formerly Law Quad Notes)

In the last few yearsm affirmative action in higher education has faced increasing legal scrutiny, in part because of doubts about the kinds of graduates these programs produce. A few years ago, we and some of our colleagues at Michigan started asking whether we could learn the answers to these questions about the careers of our graduates. The Law School already possessed considerable information about our minority graduates - from the surveys we have conducted each year for over 30 years of our alumni five and 15 years after graduation. But, while the annual survey asks many questions about careers …

Competing On Quality Of Care: The Need To Develop A Competition Policy For Health Care Markets, William M. Sage, Peter J. Hammer

University of Michigan Journal of Law Reform

As American health care moves from a professionally dominated to a market-dominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of …

The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams

Articles

In the spring of 1965, only one African American student and no Latino students attended the University of Michigan Law School. At the time, Michigan, like most American law schools, was a training place for white males. In 1966, the law school faculty adopted a new admissions policy that took race into account as a plus factor in the admissions process. This policy of affirmative action has taken many forms over the years, but, across the decades of the 1970's, the 1980's and the 1990's, about 800 African Americans, 350 Latinos, 200 Asian Americans and 100 Native Americans have graduated …

In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman

Articles

At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

Doing Well And Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, David L. Chambers, Richard O. Lempert, Terry K. Adams

Articles

Of the more than 1,000 law students attending the University of Michigan Law School in the spring of 1965, only one was African American. The Law School faculty, in response, decided to develop a program to attract more African American students. One element of this program was the authorization of a deliberately race-conscious admissiosn process. By the mid-1970s, at least 25 African American students were represented in each graduating class. By the late 1970s, Latino and Native American students were included in the program as well. Over the nearly three decades between 1970 and 1998, the admissions efforts and goals …

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

Articles

Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …

Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier

Articles

Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …

Focus On Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Faculty members' curiosity is insatiable. It ranges from the antiquity of Icelandic blood feuds to the futuristic issues of genetic engineering. The Law Schools students, other faculty members, graduates and others reap the benefits. With an introduction by Dean Jeffrey S. Lehman, '8L

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School graduates solution pan of Supreme Court decision; John Pickering, '40, receives Brennan Award; Many graduates enjoy benefits of clerkships; Soccer Hall of Fame honors Rothenberg, '63; Coming back home; Butzbaugh, '66, Turner, '87, elected to Michigan State Bar leadership; Patricia White, '74, named Dean at Arizona State University College of Law; Class notes; In memoriam

Competition And Cooperation, Saul Levmore

Michigan Law Review

When do competitors share assets and other opportunities for mutual gain? Conversely, when do they prefer to distinguish themselves by establishing firm boundaries that produce a minimum of sharing or cooperation despite potential gains from trade? Why, for example, do competing law schools in a single city cooperate so little in offering joint programs and economizing on certain costs even as they use the same casebooks in their courses and borrow from one another's libraries? Why do two competing auto makers rarely sell one another components or use the same expert advertising agency or law firm but then quite often …

Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School

Res Gestae

•A Fresh Start for Career Services •LSSS Passes New Funding Policy •Law School Hires Five New Faculty Members •Are Student/Faculty Relationships Good? •But Did He Ever Get to Meet the Beatles? •Give Me a Home, Where the Buffalo Roam, and the Geeks and the Antelope Play? •Welcome Back Larry •But Doesn't Sierre Leone Need Legal Services?

Vol. 49, No. 1, September 3, 1998, University Of Michigan Law School

Res Gestae

•Cook Lecture Slated for Sept. 8 •New School Year Brings New Visiting and Adjunct Faculty •Administrative Landscape Altered •Rhymes of Reason •Welcome Back! Well, back, anyway… •Interviewing? Can't Go Wrong With Our Sound Advice… •Who? •Excuses •Pleas

Professor Theodore J. St. Antoine: A Legendary Figure, Harry T. Edwards

Michigan Law Review

Ted St. Antoine's career as a law professor started more than three decades ago, in 1965, just after I had graduated from the University of Michigan Law School. I never had the good fortune to experience Ted in the classroom and I have always regretted that, for he has been a legendary teacher at the University of Michigan Law School. Indeed, even among those of us who graduated before his arrival at Michigan, Ted quickly gained a reputation as one of the finest classroom teachers ever to deliver a lecture in Hutchins Hall. He has graced his classes with brilliance, …

Criminal Procedure, Justice, Ethics, And Zeal, Darryl K. Brown

Michigan Law Review

William Stuntz's recent article, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, offers a series of thoughtful observations on the reasons that criminal procedure doctrines designed to protect defendants have done so little to improve the criminal justice system. Stuntz's article describes the unintended effects of attempts by the United States Supreme Court to improve criminal justice by closely regulating criminal procedure. That procedural focus has had perverse effects because, in a dynamic criminal justice system, other institutional players have responded to procedural rules in ways that undermine appellate courts' goals. Specifically, legislatures have reacted by expanding substantive criminal …

Lawyers, Judges, And The Public Interest, John M. Payne

Michigan Law Review

Chares Haar, the Louis D. Brandeis Professor of Law Emeritus at the Harvard Law School and a certified elder statesman of the housing and land-use community, was one of those scholar-politicians of the 1960s who spun out innovative theories in law reviews and then moved into government to see them applied. His generation inspired mine to pursue law as a means to serve the public interest. But the days of the Kennedy brothers' Camelot are long past. Today, big government and "big courts" alike are seen as parts of the problem. In the more austere political climate of the 1990s, …

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

MacKinnon brief is part of case before U.S. Supreme Court; Activities; Faculty members in key roles at AALS meeting/Columbia honrs Kamisar; Taking the legal heartbeat of medicine; Winter term visiting faculty warm classroom exchanges; Clinics link arms in four-state prison litigation reform case.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Campaign raises $91.3 million/Some gifts already have gone to work; New Assistant Dean: 'there is a passion for the place'; Meet the Class of 2000; Sax returns to Law School to deliver Cook Lectures; Midwest clinical law specialists take time to step back; A 'fine line' of censorship; Suit challenges Law School admissions policies; Look beyond the obvious in Supreme Court rulings; A new tool for improving water quality; Commencement: an end and a beginning; 'Conversations' offer inspiration to future lawyers; Taxing tactics in an international economy; Help for Alabama's death row inmates; The view from the international side; Time …

Feature: Rites Of Writing, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

The rites of writing. The practice of law demands an e.,acting, fact-rich kind of writing, but some graduates also tum their muse to writing novels, poetry and plays

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

An international intellectual banquet/The view from the worlds highest benches; Celebrating ties with the Law School; A different kind of Saturday; Law School graduates win top State Bar awards; Phyllis Hurwitz Marcus, '93/Helping Appleseed Grow; Saxton, '52, wins Distinguished Service Award; Both sides of the bench; George W Crockett, '34, & Cecil F Poole, '38; Class notes; In memoriam