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Articles 1141 - 1170 of 4291
Full-Text Articles in Entire DC Network
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Galileo's Revenge: Junk Science In The Courtroom, John F. Baughman
Michigan Law Review
A Review of Galileo's Revenge: Junk Science in the Courtroom by Peter W. Huber
Deliberating About Deliberation, Frederick Schauer
Deliberating About Deliberation, Frederick Schauer
Michigan Law Review
A Review of We the People: 1: Foundations by Bruce Ackerman
On Reading The Constitution, Bruce Fein
On Reading The Constitution, Bruce Fein
Michigan Law Review
A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf
Imagining A Free Press, Geoffrey R. Stone
Imagining A Free Press, Geoffrey R. Stone
Michigan Law Review
A Review of Images of a Free Press by Lee C. Bollinger
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
Law And Public Choice: A Critical Introduction, William Dubinsky
Law And Public Choice: A Critical Introduction, William Dubinsky
Michigan Law Review
A Review of Law and Public Choice: A Critical Introduction by Daniel A. Farber and Philip P. Frickey
Conceptions Of Value In Legal Thought, Richard H. Pildes
Conceptions Of Value In Legal Thought, Richard H. Pildes
Michigan Law Review
A Review of Love's Knowledge by Martha C. Nussbaum
Playing With The Rules, Mark V. Tushnet
Playing With The Rules, Mark V. Tushnet
Michigan Law Review
A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer
The Realm Of Rights, Richard J. Mooney
The Realm Of Rights, Richard J. Mooney
Michigan Law Review
A Review of The Realm of Rights by Judith Jarvis Thomson
Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski
Scholarship Of The Absurd: Bob Bork Meets The Bald Soprano, Alex Kozinski
Michigan Law Review
A Review of Antitrust Economics on Trial: A Dialogue on the New Laissez-Faire by Walter Adams and James W. Brock
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Teaching Conflicts, Improving The Odds, Gene R. Shreve
Michigan Law Review
A Review of Conflict of Laws: Cases, Materials and Problems by David H. Vernon, Louise Weinberg, William L. Reynolds, and William M. Richman
Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison
Conflict Of Laws: Foundations And Future Directions, Craig Y. Allison
Michigan Law Review
A Review of Conflict of Laws: Foundations and Future Directions by Lea Brilmayer
The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky
The Death Penalty In The Nineties: An Examination Of The Modern System Of Capital Punishment, Thomas L. Shaevsky
Michigan Law Review
A Review of The Death Penalty in the Nineties: An Examination of the Modern System of Capital Punishment by Welsh S. White
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
Michigan Law Review
A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay
The Man In The Mirror, David A. Logan
The Man In The Mirror, David A. Logan
Michigan Law Review
A Review of Cardozo: A Study in Reputation by Richard A. Posner
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
The Justice From Beacon Hill: The Life And Times Of Oliver Wendell Holmes, Charles A. Bieneman
Michigan Law Review
A Review of The Justice from Beacon Hill: The Life and Times of Oliver Wendell Holmes by Liva Baker
Chutzpah, David A. Nacht
Chutzpah, David A. Nacht
Michigan Law Review
A Review of Chutzpah by Alan M. Dershowitz
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Some Lesson About The Law From Self-Referential Problems In Mathematics, John M. Rogers, Robert E. Molzon
Michigan Law Review
We first describe briefly mathematician Kurt Gödel's brilliant Incompleteness Theorem of 1931, and explore some of its general implications. We then attempt to draw a parallel between axiomatic systems of number theory (or of logic in general) and systems of law, and defend the analogy against anticipated objections. Finally, we reach two types of conclusions. First, failure to distinguish between language and metalanguage in mathematical self-referential problems leads to fallacies that are highly analogous to certain legal fallacies. Second, and perhaps more significantly, Gödel's theorem strongly suggests that it is impossible to create a legal system that is "complete" in …
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Legislative Inputs And Gender-Based Discrimination In The Burger Court, Earl M. Maltz
Michigan Law Review
In An Interpretive History of Modem Equal Protection, Michael Klarman poses a powerful challenge to the conventional wisdom regarding the structure of Burger Court jurisprudence. Most commentators have concluded that during the Burger era the Court lacked a coherent vision of constitutional law, and was given to a "rootless" activism or a "pragmatic" approach to constitutional analysis. Klarman argues that, at least in the area of equal protection analysis, the Burger Court's approach did reflect a unifying theme, which he describes as a focus on "legislative inputs." According to Klarman, this approach "directs judicial review towards purging legislative decision-making of …
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Michigan Law Review
This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Michigan Law Review
This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
The Liability Of Officers And Directors Under The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Jon Shepherd
Michigan Law Review
This Note argues that FIRREA's gross negligence standard implements a minimum federal requirement that preempts state law only to the extent state law provides a more relaxed criterion. Part I examines the plain meaning of the statute and concludes that FIRREA preempts state law only to the extent the state law standard of care is lower than gross negligence. Part II scrutinizes FIRREA's legislative history and demonstrates that Congress did not intend to prevent states from imposing more stringent standards of liability. Part III analyzes the policies behind FIRREA and argues that the statute's purposes are best served by allowing …
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
An Economic And Political Look At Federalism In Taxation, Daniel Shaviro
Michigan Law Review
Part I of this article examines the reasons for preferring locationally neutral taxes and explains the basic tension between locational neutrality and state and local autonomy in taxation. Part II examines the federal judicial check on state and local taxation, which often relies on a principle barring discrimination against outsiders or interstate commerce. Part III explores the need for a broad federal judicial check by examining state and local governments' reasons for imposing (or avoiding) locationally distortive taxes, the countervailing benefits of allowing such governments broad autonomy in taxation, and Congress' willingness to strike down locationally distortive taxes under its …
Books Received, Michigan Law Review
Books Received, Michigan Law Review
Michigan Law Review
A List of Books received by Michigan Law Review
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status, Gregory P. Magarian
Michigan Law Review
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
Looking At Our Language: Glendon On Rights, James Boyd White
Looking At Our Language: Glendon On Rights, James Boyd White
Michigan Law Review
A Review of Rights Talk: The Impoverishment of Political Discourse by Mary Ann Glendon
Less Law Than Meets The Eye, David D. Friedman
Less Law Than Meets The Eye, David D. Friedman
Michigan Law Review
A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Michigan Law Review
This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Guilt: Henry Friendly Meets The Maharal Of Prague, Irene Merker Rosenberg, Yale L. Rosenberg
Michigan Law Review
So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly's answer is generally no, 113 and the MaHaRaL's is yes.