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Vol. 47, No. 2, September 23, 1996, University Of Michigan Law School

Res Gestae

•Decline in Percentage of Women in the Class of 1999 •Law School Again (and Again) Welcomes Visiting, Adjunct Faculty •International Law Workshop Begins •Course Evaluations in a Nutshell •Incompatible Hiring Criteria •Letters to the Editor •Commentary: Faculty Hiring •Blanks' Culture Corner •Four Years Out: Are We Having Fun Yet? •B&B's BS 1st Year Quiz

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Law School celebrates opening of its Rare Books Room; law student writes books, captains national College Bowl champs, coaches soccer - and graduates, too; Kellogg Foundation's Families for Kids Initiative at mid-stream; Dores McCree retires; nearly 350 graduate on Senior Day; Nancy Krieger heads new alumni initiative; Susan Kalb Weinberg, JD. '88, steers Career Services

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

New books and other achievements of note; Hills challenges constitutionality of Colorado Amendment.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Profile of legal education maverick Lawrence Velvel; alumni directory update alert; and class notes.

Vol. 46, No. 9, March 18, 1996, University Of Michigan Law School

Res Gestae

•Community Reacts to Racial Vandalism •Michigan No. 7 in "U.S. News" Ranking •Jessup Team Heads to Internationals •Value Centered Management to Rein in More Dollars for the Law School •Fall Grade Curves •Commentary: Center for the Legal Equality of Women •Jason Frank Returns

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

Introduction: Unemployment Compensation Eligibility, Cheryl A. Leanza

University of Michigan Journal of Law Reform

This Introduction will review the Symposium sessions which dealt with eligibility issues. Many of the statements made by the panel participants and audience members highlighted the contemporary problems of a system established over sixty years ago. Thus, this Introduction seeks to record the main points made during these sessions in an effort to contribute to the debate regarding reform of the unemployment compensation system.

Timeliness In The Unemployment Compensation Appeals Process: The Need For Increased Federal Oversight, Sharon M. Dietrich, Cynthia L. Rice

University of Michigan Journal of Law Reform

Anecdotal evidence suggests that during the recession of 1989-1992, unemployment insurance claimants suffered unprecedented delays in the receipt of their benefits. Advocates reported that claimants who were initially denied benefits suffered delays of months, and even years, before the state administrative appeals process resolved their claims. Although federal law establishes timeliness standards for processing appeals, many states did not meet those standards. In this Article, the Authors discuss and analyze the results of a nationwide review of state compliance with federal timeliness standards. They then assess the state and federal responses to the increased number of unemployment insurance claims and …

Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek

Michigan Journal of International Law

To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …

Representation Of Claimants At Unemployment Compensation Proceedings: Identifying Models And Proposed Solutions, Maurice Emsellem, Monica Halas

University of Michigan Journal of Law Reform

Emsellem and Halas posit that claimants need representation at unemployment compensation proceedings. Evaluating statistical and survey data, the authors find that representation significantly improves a claimant's chance of receiving unemployment compensation. Improved recovery rates, they argue, benefit not only claimants but also society. The authors analyze the factors inducing employer appeals of compensation awards. They also review the systemic issues that accompany the provision of representation to those unable to afford it or to those unfamiliar with the unemployment compensation process. Finally, the authors present models of expanding claimant representation.

The Law And Politics Of The Enforcement Of Federal Standards For The Administration Of Unemployment Insurance Hearings, John C. Gray Jr., Jane Greengold Stevens

University of Michigan Journal of Law Reform

Unemployment insurance claimants are entitled to have state unemployment programs administered in accordance with federal standards, which include the provision of prompt and fair hearings for claimants if their applications for benefits are denied. Violations of these rights are widespread, but the United States Department of Labor's Unemployment Insurance Service has never brought a formal proceeding to enforce the federal standards of administration. This Article explains why enforcement of the federal standards is needed and why it has not been provided and suggests methods by which advocates for claimants can seek to enforce federal standards in the face of this …

Aba Accreditation Of Law Schools: An Antitrust Analysis, Andy Portinga

University of Michigan Journal of Law Reform

The accreditation activities of the American Bar Association are under attack. From within legal academia, professors and deans complain that the ABA accreditation process is overly formalistic and intrusive. In addition, the Massachusetts School of Law has sued the ABA, alleging that the ABA's accreditation standards violate the Sherman Act. From outside legal academia, the Department of Justice has investigated the ABA's accreditation activities and initiated an antitrust suit against the ABA. The Department of Justice and the ABA immediately settled this suit, and, as a result of this settlement, the ABA has agreed not to enforce certain standards and …

Down And Out In Weslaco, Texas And Washington, D.C.: Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance, Laurence E. Norton Ii, Marc Linder

University of Michigan Journal of Law Reform

This Article explains how federal law excludes half of the nation's farm workers from the unemployment insurance (UI) system. It describes how even those fortunate enough to work in covered employment often lose their benefits when employers use crew leaders who fail to report wages and pay unemployemnt insurance taxes. This discriminatory treatment of farm workers is then shown to be racially motivated and to have a disproportionate impact on the non-White majority of agricultural workers. Today's partial exclusion of these workers from UI isa legacy of Congress's complete exclusion of farm workers from all New Deal legislation intended to …

Interstate Claims: Their History And Their Challenges, Mark D. Esterle

University of Michigan Journal of Law Reform

This Article provides an overview of the cases and statutes relating to interstate claims for unemployment compensation. The author suggests that the current federal statutes and regulations are inadequate on the grounds that they are ambiguous, lead to inconsistent results in different states, and may fail to ensure due process in claims determinations. The author highlights these problems with regard to interstate fact finders, attorney representation, witness subpoenas, and access to judicial review. Finally, he points to regulations that cover interstate unemployment compensation claims by federal employees and military servicemembers as models for new regulations of uniform application.

Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider

University of Michigan Journal of Law Reform

This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …

What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers

Articles

Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Articles

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

Back To The Briarpatch: An Argument In Favor Of Constitutional Meta-Analysis In State Action Determinations, Ronald J. Krotoszynski Jr.

Michigan Law Review

Brer Rabbit, after claiming repeatedly that he would prefer almost anything to being thrown into the briarpatch, expressed glee once tossed there. In fact, Brer Rabbit wanted to be in the briarpatch because, like most rabbits, he could navigate the briarpatch with relative ease: the briarpatch was home.

Over the course of a century, the Supreme Court has developed a great degree of familiarity with the state action doctrine, a doctrinal briar patch. Like Brer Rabbit, the Court has disclaimed repeatedly any interest in being there.

In this article, I argue that the existing tests for establishing the presence of …

Vol. 46, No. 4, October 23, 1995, University Of Michigan Law School

Res Gestae

•Minority Leader Gephardt Addresses Law School •Civil Rights Symposium •Doo Doo Dooo Doo Doo, You Say It's Your Birthday… •An Open Letter to Richard Gephardt •Letters to the Editor •Marc & Mindy's Fun Page •Side Bar •Ménage A Trois •The Metaphysical Dr. G

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Graduates who are training the next generation elsewhere; Weiner achieves Royally; Alums on top at WTO; Back-to-back alums at CIA; Class Notes.

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Myra Selby named to Indiana Supreme Court; Barrie Loeks' crazy career; Larry Dubin analyzes the O.j. trial; Lewises honored; and class notes and deaths.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Senior Day and one extraordinary graduate; legal skill drills; a new legal writing program; "Breaking the Mold" conference on sports careers; Cooley lecturer Michael McConnell; a new director for the Office of Public Service; scholarships to attract the best students; and a host of distinguished visitors and noteworthy events

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

International Law As A Process, Louis B. Sohn

Michigan Law Review

A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins

Faculty, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A day in the life of Alex Aleinikoff; a new associate dean; a grant for a new Child Welfare Program; a quartet of new clinical faculty; and an overview of professors' publications.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

David Westin watches TV for a living; a spotlight on Rhonda Edwards; reunion news, class notes and deaths.