Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year

Articles 1771 - 1800 of 4291

Full-Text Articles in Entire DC Network

Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits Mar 1979

Monopolistic Competition, Second Best, And The Antitrust Paradox: A Review Article, Richard S. Markovits

Michigan Law Review

A Review of The Antitrust Paradox: A Policy at War with Itself by Robert H. Bork


Professionalism And The Chains Of Slavery, Redmond J. Barnett Mar 1979

Professionalism And The Chains Of Slavery, Redmond J. Barnett

Michigan Law Review

A Review of Justice Accused: Antislavery and the Judicial Process by Robert M. Cover and The Dred Scott Case: Its Significance in American Law and Politics by Don E. Fehrenbacher


A Note On Corporate America, Simon M. Lorne Mar 1979

A Note On Corporate America, Simon M. Lorne

Michigan Law Review

A Review of The Attack on Corporate America: The Corporate Issues Sourcebook edited by M. Bruce Johnson


Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob Mar 1979

Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob

Michigan Law Review

A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman


A Prison And A Prisoner: The Provincial's View, Emily Calhoun Mar 1979

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Michigan Law Review

A Review of A Prison and a Prisoner by Susan Sheehan


Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer Mar 1979

Persons And Consequences: Observations On Fried's Right And Wrong, Stephen R. Munzer

Michigan Law Review

A Review of Right and Wrong by charles Fried


The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider Mar 1979

The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider

Michigan Law Review

A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman


Book Reviews In Law Reviews: An Endangered Species, David F. Cavers Mar 1979

Book Reviews In Law Reviews: An Endangered Species, David F. Cavers

Michigan Law Review

Introduction: Book Reviews in Law Reviews: An Endangered Species


The Soviet-American Arms Race: A European Perspective, J. David Singer Mar 1979

The Soviet-American Arms Race: A European Perspective, J. David Singer

Michigan Law Review

A Review of The Game of Disarmament: How the U.S. & Russia Run the Arms Race by Alva Myrdal


Rejoinders To Hart On Rules And Rights, Stanley L. Paulson Mar 1979

Rejoinders To Hart On Rules And Rights, Stanley L. Paulson

Michigan Law Review

A Review of Law, Morality, and Society: Essays in Honour of H.L.A. Hart by P.M.S. Hacker and J. Raz


Philosophical Perspectives On Affirmative Action, Kenneth W. Simons Mar 1979

Philosophical Perspectives On Affirmative Action, Kenneth W. Simons

Michigan Law Review

A Review of Equality and Preferential Treatment: A Philosophy & Public Affairs Reader edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon


Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser Mar 1979

Changed Society, Changing Law, Hence Unstable Prisons, Daniel Glaser

Michigan Law Review

A Review of Stateville: The Penitentiary in Mass Society by James B. Jacobs


One Philosophy For An American Revolution, Paul K. Conkin Mar 1979

One Philosophy For An American Revolution, Paul K. Conkin

Michigan Law Review

A Review of The Philosophy of the American Revolution by Morton White


How Liberated Was Judge Jerome Frank?, Michael E. Smith Mar 1979

How Liberated Was Judge Jerome Frank?, Michael E. Smith

Michigan Law Review

A Review of A Man's Reach: The Philosophy of Judge Jerome Frank edited by Barbara Frank Kristein


Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney Mar 1979

Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney

Michigan Law Review

A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case


Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii Mar 1979

Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii

Michigan Law Review

A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow


The Greek Concept Of Justice, Michigan Law Review Mar 1979

The Greek Concept Of Justice, Michigan Law Review

Michigan Law Review

A Review of The Greek Concept of Justice by Eric A. Havelock


Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley Mar 1979

Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley

Michigan Law Review

A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick


From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis Mar 1979

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson


The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew Mar 1979

The Changing, But Not Declining, Significance Of Race, Thomas F. Pettigrew

Michigan Law Review

A Review of The Declining Significance of Race: Blacks and Changing American Institutions by William Julius Wilson


Everything In Its Place: Social Order And Land Use In America, Michigan Law Review Mar 1979

Everything In Its Place: Social Order And Land Use In America, Michigan Law Review

Michigan Law Review

A Review of Everything in its Place: Social Order and Land Use in America by Constance Perin


Casebook Criteria: On First Looking Into Haar And Liebman's Property And Law, Samuel Bassett Abbott Mar 1979

Casebook Criteria: On First Looking Into Haar And Liebman's Property And Law, Samuel Bassett Abbott

Michigan Law Review

A Review of Property and Law by Charles M. Haar and Lance Liebman


Contracts, Capability, And The Classroom, James C. Oldham Mar 1979

Contracts, Capability, And The Classroom, James C. Oldham

Michigan Law Review

A Review of The Capability Problem in Contract Law by Richard Danzig


The Law As A Path To The World, Francis A. Allen Dec 1978

The Law As A Path To The World, Francis A. Allen

Michigan Law Review

Many years ago the late Mr. Justice Oliver Wendell Holmes observed: "The law is a small subject (though ... it leads to all things) .... " The comments that follow are an elaboration of Justice Holmes's theme. It will be asserted that one characteristic of legal studies, properly pursued, is that they lead to a fuller understanding of the larger world of which the law and its institutions are a part. Because the law leads to a larger world of persons, events, and ideas, it claims the attention even of those possessing no interest in acquiring professional legal skills. This …


Periodical Index, Michigan Law Review Dec 1978

Periodical Index, Michigan Law Review

Michigan Law Review

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


Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad Nov 1978

Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad

Michigan Law Review

In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …


Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman Nov 1978

Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman

Michigan Law Review

This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …


Due Process And Parole Revocation, Michigan Law Review Nov 1978

Due Process And Parole Revocation, Michigan Law Review

Michigan Law Review

In Morrissey, the Court set the level of due process needed in parole revocations. Specifically, it held that the parolee facing •revocation has a right (a) to receive written notice of the claimed parole violations; (b) to hear the evidence against him; (c) to be heard in person and to present witnesses and documentary evidence; (d) to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing the confrontation); (e) to have a neutral and detached hearing body, members of which need not be judicial officers or lawyers; and (f) to be given …


Forfeiture By Guilty Plea--A Reply, Peter Westen Aug 1978

Forfeiture By Guilty Plea--A Reply, Peter Westen

Michigan Law Review

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.


Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg Aug 1978

Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg

Michigan Law Review

This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …