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Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine Jan 1977

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …


In Memoriam. Professor Kenneth K. Luce, Theodore J. St. Antoine Jan 1977

In Memoriam. Professor Kenneth K. Luce, Theodore J. St. Antoine

Articles

I met Kenneth Luce once or twice at most, and then only for the few hurried words of greeting that are exchanged at alumni gatherings. Yet I feel I have come to know him well - sadly for me, chiefly through his friends and after his death. With the passing of any prominent alumnus of the Michigan Law School, we are likely to receive letters from friends and associates urging some suitable memorial. For Professor Luce there was more than the usual expressions of esteem and respect for professional accomplishments. Affection for the man himself shone through the words about …


Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert Jan 1977

Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert

Articles

This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …


God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen Jan 1977

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

Articles

Examines the applicability of existing constitutional law to state action that prohibits or burdens or declines to fund scientific research merely because the state considers the area inappropriate Posits that governmental decisions to limit scientific inquiry implicate constitutional values by virtue of the connection between science and knowledge


Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado Jan 1977

Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado

Articles

No abstract provided.


Hills V. Gautreaux: When A Federal Court May Grant An Interdistrict Remedy In The Absence Of An Interdistrict Violation Comment, Pamela Bucy Pierson Jan 1977

Hills V. Gautreaux: When A Federal Court May Grant An Interdistrict Remedy In The Absence Of An Interdistrict Violation Comment, Pamela Bucy Pierson

Articles

No abstract provided.


The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman Jan 1977

The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman

Articles

No abstract provided.


Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver Jan 1977

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.


The Deaf In America: Two Hundred Years Of Progress, Robert Panara Nov 1976

The Deaf In America: Two Hundred Years Of Progress, Robert Panara

Articles

No abstract provided.


The Pragmatist Theory Of Truth, Susan Haack Sep 1976

The Pragmatist Theory Of Truth, Susan Haack

Articles

No abstract provided.


Animals Suffer For Science, Henry Spira Jul 1976

Animals Suffer For Science, Henry Spira

Articles

No abstract provided.


Some Aspects Of Separation Of Powers, Edward Hirsch Levi Apr 1976

Some Aspects Of Separation Of Powers, Edward Hirsch Levi

Articles

No abstract provided.


The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn Jan 1976

The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn

Articles

No abstract provided.


Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman Jan 1976

Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman

Articles

No abstract provided.


Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper Jan 1976

Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper

Articles

No abstract provided.


The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler Jan 1976

The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler

Articles

No abstract provided.


The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler Jan 1976

The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler

Articles

No abstract provided.


Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer Jan 1976

Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer

Articles

No abstract provided.


The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel Jan 1976

The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel

Articles

No abstract provided.


The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond Jan 1976

The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley Jan 1976

Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley

Articles

No abstract provided.


State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein Jan 1976

State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein

Articles

No abstract provided.


Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson Jan 1976

Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson

Articles

No abstract provided.


The Rights Of Parents, Robert Levy Jan 1976

The Rights Of Parents, Robert Levy

Articles

No abstract provided.


Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns Jan 1976

Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns

Articles

The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …


The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton Jan 1976

The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton

Articles

The first part is a survey of the basic sources available to a person researching a problem on nuclear power. Three forms are discussed—bibliographies, U.S. government documents, and current awareness materials. The second portion is a selection of significant books on nuclear power and the law published since 1960. The third and final portion is a subject arrangement of law review articles published between 1957 and 1975. Used in conjunction with Atomic Energy and the Law: A Bibliography and Blueprint for Atomic Energy Literature: Legislative and Legal, this survey and bibliography will give the researcher a lead to the …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar

Articles

There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …


Bad News And Good News, John W. Reed Jan 1976

Bad News And Good News, John W. Reed

Articles

I have been asked to visit with you about some of my current interests in the evidence field, in which I teach. When you invite an academic lawyer to speak at your meeting, you obviously expect of him something other than the latest hot tips on trial strategy and tactics, something other than a speech entitled "Reflections on My Last Eleven Victories in Court." Others can do that for you, probably at lunch - or, even better, at cocktails with the successes more impressive and the defeats more forgivable under the influence of an ounce or two of alcohol.


Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining Jan 1976

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar Jan 1976

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar

Articles

In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …