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Articles 1231 - 1260 of 4291
Full-Text Articles in Entire DC Network
Shareholder Passivity Reexamined, Bernard S. Black
Shareholder Passivity Reexamined, Bernard S. Black
Michigan Law Review
This article argues that shareholder monitoring is possible: It's an idea that hasn't been tried, rather than an idea that has failed. I defer to a second article currently in draft the question of whether more monitoring by institutional shareholders is desirable. Will direct shareholder oversight, or indirect oversight through shareholder-nominated directors, improve corporate performance, prove counterproductive, or, perhaps, not matter much one way or the other? What are the benefits and risks in giving money managers - themselves imperfectly monitored agents - more power over corporate managers? If more shareholder voice is desirable, how much more and …
The Strategic Structure Of Offer And Acceptance: Game Theory And The Law Of Contract Formation, Avery Katz
The Strategic Structure Of Offer And Acceptance: Game Theory And The Law Of Contract Formation, Avery Katz
Michigan Law Review
The purpose of this article is to promote a particular research program; namely, the use of game theory to analyze the law of contract formation. Although I will often simply speak of offer and acceptance in my discussion, I mean to refer to a broader set of issues than are commonly denoted by this doctrinal label. My program transcends the narrow issue of whether particular communications technically should be classified as offers and acceptances, and includes questions often analyzed under the rubrics of implication and interpretation. At its broadest, my argument addresses all legal rules that answer two types of …
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta
Michigan Law Review
This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
Michigan Law Review
This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …
Curtailing Inherited Wealth, Mark L. Ascher
Curtailing Inherited Wealth, Mark L. Ascher
Michigan Law Review
One of the most dominant themes in American ideology is equality of opportunity. In our society, ability and willingness to work hard are supposed to make all things possible. But we know there are flaws in our ideology. Differences in native ability unquestionably exist. Similarly, some people seem to have distinctly more than their fair share of good luck. Both types of differences are, however, beyond our control. So we try to convince ourselves that education evens out most differences. Still, we know there are immense differences in the values various parents imbue in their children. And we also know …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
The Negative Constitution: A Critique, Susan Bandes
The Negative Constitution: A Critique, Susan Bandes
Michigan Law Review
Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.
Of Two Minds About Law And Minds, Larry Alexander
Of Two Minds About Law And Minds, Larry Alexander
Michigan Law Review
Present-oriented interpretation is an interpretive approach to legal texts that assigns them the best meaning, in terms of contemporary social policy, that they could plausibly convey were they written today rather than at the actual times of their enactment. Steven Smith has recently argued that present-oriented interpretation is a view of law in which law is literally "mindless." That is, present-oriented interpretation would have us be ruled by the fortuity of what present meanings the words of a text can bear, whereas, according to Smith, we should be ruled by what the enacting political authorities actually decided furthers the public …
Index, Michigan Law Review
Index, Michigan Law Review
Michigan Law Review
Contents of Volume 88: Subject Index, Articles, Notes, Authors, Books Reviewed
Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells
Tort Law As Corrective Justice: A Pragmatic Justification For Jury Adjudication, Catharine Pierce Wells
Michigan Law Review
The purpose of this article is to develop a pragmatic analysis of corrective justice that will serve as a partial justification for current practices of tort adjudication. Part I discusses the concept of corrective justice and explores its relationship to the problem of justifying tort law. Part II argues that certain contemporary theories of corrective justice fail to provide an adequate basis for regarding individual tort outcomes as just. Part III develops a pragmatic account of corrective justice and argues that it accurately describes current practices of tort adjudication. Finally, Part IV argues that these practices are justified in the …
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
The Case Of The Amorous Defendant: Criticizing Absolute Stare Decisis For Statutory Cases, William N. Eskridge Jr.
Michigan Law Review
Earlier in this the first year of the new millennium, Professor Larry Marshall was appointed Chief Justice of the United States. The first important case coming before the Marshall Court involved the government's prosecution of Frankly Amorous under the White Slave Traffic Act of June 25, 1910 (the Mann Act), as amended. Defendant Amorous was a law student in Virginia who paid for the airplane ticket of his female lover to travel from North Carolina to Virginia for the admitted purpose of having extramarital sexual relations. The U.S. Attorney prosecuted Amorous for violating the Mann Act, which criminalizes the knowing …
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Contempt Of Congress: A Reply To The Critics Of An Absolute Rule Of Statutory Stare Decisis, Lawrence C. Marshall
Michigan Law Review
In the law school tradition of "suspending belief," Professor Eskridge has created a hypothetical in which I, in my first case as Chief Justice of the United States, must decide whether to adhere to various antiquated and seemingly erroneous precedents interpreting the Mann Act. Eskridge assumes that I will feel compelled to adhere to these decisions, for to do otherwise, he contends, would force me to abandon the proposal for an absolute rule of statutory stare decisis that I advanced recently in this Law Review. Eskridge then offers a variety of critiques of my thesis, coming from perspectives as diverse …
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Michigan Law Review
Part I of this Note surveys the trends in the aesthetic regulation of billboards, culminating in the Supreme Court of California's decision in Metromedia, Inc. v. City of San Diego, and the Supreme Court's review of that decision. Part II analyzes the five Metromedia opinions in order to present properly the contemporary debate over billboard law. It inquires whether a sign prohibition should hinge on the commercial or noncommercial status of the targeted signs. Part III indicates how ambiguities in the Metromedia plurality opinion have produced the conflict in lower courts between the commercial/noncommercial distinction and the onsite/ off …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White
Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White
Michigan Law Review
There are a few structural requirements that are necessarily common to any tax system. In Part I of this article I examine those requirements. I show that by isolating the necessary structure of a tax system from its particular content or goals, we can better understand the role played within the federal system of certain of its most characteristic features. In particular, I trace the function of the realization requirement for the recognition of income and distinguish it from another sort of function that could lead to the recognition of income within an income tax system. This second function is …
Groping And Coping In The Shadow Of Murphy's Law: Bankruptcy Theory And The Elementary Economics Of Failure, James W. Bowers
Groping And Coping In The Shadow Of Murphy's Law: Bankruptcy Theory And The Elementary Economics Of Failure, James W. Bowers
Michigan Law Review
Part I briefly examines the conventional explanation for bankruptcy's defining characteristic, its default distributional rule. It concludes that the conventional explanation is insufficiently informative for us to tell whether the Bankruptcy Code (Code) is actually working or not. Part II argues that the only existing systematic attempt to explain bankruptcy law, the so-called "Creditors' Bargain" Theory, is inadequate for two reasons. First, the predictions it generates are belied by real-world events. Second, it is mistaken on theoretical grounds, primarily because it ignores how debtors are likely to manage their assets. Part III presents the Murphian theory of failing behavior, the …
Optimal Antitrust Penalties And Competitors' Injury, William H. Page
Optimal Antitrust Penalties And Competitors' Injury, William H. Page
Michigan Law Review
Herbert Hovenkamp's primary target in Antitrust's Protected Classes is the Chicago School's optimal deterrence model of antitrust penalties. Substantive antitrust rules are often overinclusive prohibiting practices even when they are efficient - in order to avoid the costs of error associated with a more case-specific rule. The optimal deterrence model attempts to correct for this overinclusiveness by setting the penalty for antitrust violations at a level just sufficient to deter only inefficient instances of the violation. The task is complicated by, among other things, the myriad effects antitrust offenses can have on economic actors: allocative inefficiencies and efficiencies (the losses …
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
In The Regulation Of Manmade Carcinogens, If Feasibility Analysis Is The Answer, What Is The Question?, Christopher H. Schroeder
Michigan Law Review
A Review of Environmentally Induced Cancer and the Law by Frank B. Cross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Re-Vision Of The Bankruptcy System: New Images Of Individual Debtors, Karen Gross
Michigan Law Review
A Review of As We Forgive Our Debtors: Bankruptcy and Consumer Credit in American by Teresa A. Sullivan, Elizabeth Warren, and Jay Lawrene Westbrook
"Aliens Are Coming! Drain The Pool", John D. Ayer
"Aliens Are Coming! Drain The Pool", John D. Ayer
Michigan Law Review
A Review of Doing What Comes Naturally: Change, Rhetoric and the Practice of Theory in Literary and Legal Studies by Stanley Fish. And Law and Literature: A Misunderstood Relation by Richard A. Posner
The Supreme Court In Politics, Terrance Sandalow
The Supreme Court In Politics, Terrance Sandalow
Michigan Law Review
A Review of Battle for Justice: How the Bork Nomination Shook America by Ethan Bronner
Moralistic Liberalism And Legal Moralism, Robert P. George
Moralistic Liberalism And Legal Moralism, Robert P. George
Michigan Law Review
A Review of Harmless Wrongdoing: The Moral Limits of the Criminal Law by Joel Feinberg
Can Rights Move Left?, Jeremy Paul
Can Rights Move Left?, Jeremy Paul
Michigan Law Review
A Review of The Right to Private Property by Jeremy Waldron
The Limits Of Social Policy, Cary Coglianese
The Limits Of Social Policy, Cary Coglianese
Michigan Law Review
A Review of The Limits of Social Policy by Nathan Glazer
Women And Contracts: No New Deal, Elizabeth S. Anderson
Women And Contracts: No New Deal, Elizabeth S. Anderson
Michigan Law Review
A Review of The Sexual Contract by Carole Pateman
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Evolutionary Jurisprudence: Prospects And Limitations On The Use Of Modern Darwinism Throughout The Legal Process, Steven Kasten
Michigan Law Review
A Review of Evolutionary Jurisprudence: Prospects and Limitations on the Use of Modern Darwinism Throughout the Legal Process by John H. Beckstrom
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
Economic Sanctions: A Look Back And A Look Ahead, Andreas F. Lowenfeld
Economic Sanctions: A Look Back And A Look Ahead, Andreas F. Lowenfeld
Michigan Law Review
A Review of International Economic Sanctions by Barry E. Carter
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Michigan Law Review
A Review of Original Intent and the Framer's Constitution by Leonard W. Levy