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Dissent, Free Speech, And The Continuing Search For The Central Meaning Of The First Amendment 2000 Survey Of Books Relating To The Law, Ronald J. Krotoszynski Jr. Jan 1999

Dissent, Free Speech, And The Continuing Search For The Central Meaning Of The First Amendment 2000 Survey Of Books Relating To The Law, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman Jan 1999

Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman

Articles

No abstract provided.


On Generalizations I: A Preliminary Exploration, Terence J. Anderson Jan 1999

On Generalizations I: A Preliminary Exploration, Terence J. Anderson

Articles

No abstract provided.


Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs Jan 1999

Title Vii And Homosexual Harassment After Oncale: Was It A Victory?, Mary I. Coombs

Articles

No abstract provided.


Steel Company V. Citizens For A Better Environment Annual Review Of Environmental And Natural Resources Law: Domestic Law: Constitutional Law Standing, Heather Elliott Jan 1999

Steel Company V. Citizens For A Better Environment Annual Review Of Environmental And Natural Resources Law: Domestic Law: Constitutional Law Standing, Heather Elliott

Articles

No abstract provided.


From Special Privilege To General Utility: A Continuation Of Willard Hurst's Study Of Corporations, Susan Pace Hamill Jan 1999

From Special Privilege To General Utility: A Continuation Of Willard Hurst's Study Of Corporations, Susan Pace Hamill

Articles

No abstract provided.


Do Citizens Suits Seeking Civil Penalties Become Moot When Pollution Violations Are Cured (98-822) Environmental, William L. Andreen Jan 1999

Do Citizens Suits Seeking Civil Penalties Become Moot When Pollution Violations Are Cured (98-822) Environmental, William L. Andreen

Articles

No abstract provided.


Useful Arts In The Information Age, Alan L. Durham Jan 1999

Useful Arts In The Information Age, Alan L. Durham

Articles

No abstract provided.


The Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, Gary E. Sullivan, Jeffrey W. Wagnon, David G. Epstein Jan 1999

The Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, Gary E. Sullivan, Jeffrey W. Wagnon, David G. Epstein

Articles

No abstract provided.


Home-Grown Racism: Colorado's Historic Embrace - And Denial - Of Equal Opportunity In Higher Education, Richard Delgado, Jean Stefancic Jan 1999

Home-Grown Racism: Colorado's Historic Embrace - And Denial - Of Equal Opportunity In Higher Education, Richard Delgado, Jean Stefancic

Articles

Although it today considers itself a beacon of equal opportunity Colorados racial history is replete with racial injustice and discrimination particularly in the field of higher education and fair housing Archival research and field investigation discloses an unbroken line of terror mob justice Ku Klux Klan government and outright exclusion of four major groups of color going back to territorial days with effects continuing to this day


The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr. Jan 1999

The New Legal Process: Games People Play And The Quest For Legitimate Judicial Decision Making, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr. Jan 1999

Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


The Anatomy Of American Caste Civil Rights In The Next Millennium, Bryan K. Fair Jan 1999

The Anatomy Of American Caste Civil Rights In The Next Millennium, Bryan K. Fair

Articles

No abstract provided.


Equal Justice Under Law: The Jurisprudential Legacy Of Judge Frank M. Johnson, Jr. Tribute, Ronald J. Krotoszynski Jr. Jan 1999

Equal Justice Under Law: The Jurisprudential Legacy Of Judge Frank M. Johnson, Jr. Tribute, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Jan 1999

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


What Law Librarians Collect, Penny Hazelton Jan 1999

What Law Librarians Collect, Penny Hazelton

Articles

No abstract provided.


Sometimes You Need A Good Shove, Penny Hazelton Jan 1999

Sometimes You Need A Good Shove, Penny Hazelton

Articles

No abstract provided.


Of Governments And Governance, A. Michael Froomkin Jan 1999

Of Governments And Governance, A. Michael Froomkin

Articles

The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …


Why The Proposal To Legalize Physician-Assisted Suicide In Michigan Failed, Yale Kamisar Jan 1999

Why The Proposal To Legalize Physician-Assisted Suicide In Michigan Failed, Yale Kamisar

Articles

Some commentators and participants in the national debate over physician-assisted suicide (PAS) made much of the fact that in 1997 Oregon voters reaffirmed their support for assisted suicide by a much larger margin than the initial 1994 vote. The state legislature had put the initiative (which had initially passed by a 5149% vote) back on the ballot for an unprecedented second vote. This time the initiative was reaffirmed overwhelmingly, 60-40%. Barbara Coombs Lee, Executive Director of Compassion in Dying (an organization that counsels people considering PAS and one of the plaintiffs in Washington v. Glucksberg, 1997), hailed the second Oregon …


Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker Jan 1999

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …


Use Of Excel To Obtain Voltammetric Information On Microelectrodes, Enda Howard, John Cassidy Jan 1999

Use Of Excel To Obtain Voltammetric Information On Microelectrodes, Enda Howard, John Cassidy

Articles

The use of curve fitting for the analysis and interpretation of voltammetric data obtained while working with micro electrodes is discussed as a useful exercise for introducing students to the principle of problem solving using least-squares curve-fitting techniques. The advantages associated with this approach to data processing over the approach where the limiting current (i L) alone is used are discussed and its limitations are highlighted. This technique was applied to the determination of unknown concentrations of ferrocyanide and the most satisfactory recovery of concentrations was found when both the va1ues of the formal potential (EO') and concentration ( C) …


America's Apostasy, James C. Hathaway Jan 1999

America's Apostasy, James C. Hathaway

Articles

It has often struck me that the prominence of the Restatement of the Foreign Relations Law of the United States epitomizes the plight of international law in this country. The title of this standard reference on international law does not even refer to international law, but instead to foreign relations law. That is, it is meant to set out the standards by which we may legitimately judge the conduct of others. The clear, if unintended, message is that the Restatement is not really a codification of laws that bind us. And indeed, it is explicitly not just a codification, but …


Constitutions And Spontaneous Orders: A Response To Professor Mcginnis, Adam C. Pritchard, Todd J. Zywicki Jan 1999

Constitutions And Spontaneous Orders: A Response To Professor Mcginnis, Adam C. Pritchard, Todd J. Zywicki

Articles

Professor John McGinnis has written a perceptive and provocative comment on our economic analysis of the role of tradition in constitutional interpretation.1 A brief summary of our areas of agreement and disagreement may help set the stage for this response. It appears that Professor McGinnis substantially agrees with the two central propositions of our article. First, he appears to agree with our definition of efficient traditions as those evolving over long periods of time from decentralized processes.2 Second, he explicitly agrees that Justices Scalia and Souter have adopted sub-optimal models of tradition because they rely on sources that lack the …


A Child's Right To Physical Integrity, Suellyn Scarnecchia Jan 1999

A Child's Right To Physical Integrity, Suellyn Scarnecchia

Articles

As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.


John H. Jackson: Master Of Policy - And The Good Life (A Tribute To John Jackson), Theodore J. St. Antoine Jan 1999

John H. Jackson: Master Of Policy - And The Good Life (A Tribute To John Jackson), Theodore J. St. Antoine

Articles

A faculty can make no prouder boast than the claim that some of its members are the preeminent figures in the country in their particular fields. During my years at Michigan, I believe that claim could fairly be made for at least eleven of our colleagues. For obvious reasons, I shall not reveal my complete list. On a celebratory occasion like this, however, I trust it will not seem indiscreet for me to name John Jackson as one of my choices. I shall leave the more nuanced assessments of John's work to the experts. But from my nonspecialist's perspective, John …


Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard Jan 1999

Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard

Articles

Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …


Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier Jan 1999

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 …


The Boundaries Of Private Property, Michael A. Heller Jan 1999

The Boundaries Of Private Property, Michael A. Heller

Articles

If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive …


The Three Threats To Miranda, Yale Kamisar Jan 1999

The Three Threats To Miranda, Yale Kamisar

Articles

Miranda v. Arizona (1966) was the centerpiece of the Warren Court's "revolution" in American criminal procedure. Moreover, as Professor Stephen Schulhofer of the University of Chicago Law School has recently noted, a numbir of the Miranda safeguards "have now become entrenched in the interrogation procedures of many countries around the world." But Miranda is in serious trouble at home.


International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway Jan 1999

International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway

Articles

International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …